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Agenda 10-06-20 The City of 4, Boynton Beach City Commission Agenda Tuesday, October 6, 2020, 5:30 PM GoToWebinar Online Meeting and City Hall Community Room, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Ty Penserga (District IV) Commissioner Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. L www.boynton-beach.org Page 1 of 701 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on October 6, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Page 2 of 701 Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3of701 1. Openings A. Call to Order- Mayor Steven B. Grant Invocation by Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Proclaim October 15, 2020 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of individuals who are blind in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from Mayor Steven B. Grant. B. Proclaim the Week of October 19 to 25, 2020 as Florida City Government Week. Vice Mayor Penserga will accept the proclamation. C. Proclaim the month of October 2020 as Domestic Violence Awareness Month. Jennifer Rey with Aid to Victims of Domestic Abuse, Inc. (AVDA)will accept the proclamation. D. Proclaim the week of October 18-24, 2020 as Poverty Awareness Week in the City of Boynton Beach. Kemberly Bush, CEO of Pathways to Prosperity, Inc. will accept the proclamation. E. Proclaim October 7, 2020 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. F. Announce the launch of the City of Boynton Beach official mobile application the "MYBB" app. G. Announce grand opening of playground areas in Town Square on October 17th. H. Hear monthly update from J KM Developers and E2L Solutions on Town Square project 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Connect To Greatness, Inc. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Page 4 of 701 D. Authorize City Commissioners to attend the Florida League of Cities Legislative Conference, including travel and hotel stay, at the Embassy Suites Orlando-Lake Buena Vista South, Kissimmee, FL, on November 12-13, 2020. The Conference will be in-person with an option to participate in meetings remotely. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve an increase to the estimated expenditure with General GMC to $60,000 due to the increased repairs needed this fiscal year. B. Proposed Resolution No. R20-111 - Adopt the 2020 Flood Mitigation Plan (FMP) Update document that will allow the City residents to continue to be eligible for the current discount on flood insurance premiums. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks." D. Approve the utilization of the State of Florida Agreement No. 44000000-NASPO-19-ACS for Copiers and Managed Print Services for use by State agencies and other entities located in the State of Florida. E. Approve the Country Trail PUD record plat, subject to final signatures by the City Engineer. F. Approve minutes from the City Commission meetings on September 8 and September 15, 2020. 7. Consent Bids And Purchases Over$100.000 A. Approve the issuance of a purchase order to Advanced Roofing utilizing the the City of Sunrise Bid No. 19-17-12-HR in the amount of $224,030.00 to furnish and install a new roofing system for Public Works Administration Building which includes the Warehouse and Fleet Heavy Duty Shop. The City of Sunrise bid satisfies the City's procurement requirements. B. Approve an increase to estimated annual expenditure to Waste Management from $310,000 to $385,000 for the disposal of construction related debris and recycling. C. Proposed Resolution No. R20-112-Award RFP No. 013-2210-20/RW for thirteen (13) Cardiac Monitors for at a unit price of $37,305.40 totaling $484,970.72, with the option to purchase accessories at a 27% discount off of list pricing and a five (5) year maintenance agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract amount of$573,520.22 and authorize the City Manager to enter into a contract with ZOLL Medical, subject to final negotiation of the terms in the agreement and options. D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020 - "Request for Extensions and/or Piggybacks Over $100,000." E. Proposed Resolution No. R20-113-Approve Piggy-Back the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, a Purchasing Alliance for Participating Public Agencies for the purchase of Injection Molded Mobile Refuse Containers for an estimated annual amount of $192,000 and authorize the City Manager to sign a piggy-back Agreement. F. Approve the bid award (ITB-RM-20-68) issued by the Town of Davie as Lead Agency for Southeast Agency Florida Governmental Purchasing Cooperative Group for Fertilizer. The City of Boynton Beach was a participating agency in this bid solicitation. 8. Public Hearinq Page 5of701 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. 20-031 - Second Reading - Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Proposed Ordinance No. 20-032 - Second Reading - Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. B. Proposed Ordinance 20-030 - Second Reading -Adoption of ordinance allowing for virtual city commission meetings by communication media technology. (Tabled from the August 4, 2020 Commission meeting.) C. Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) D. Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) E. Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) 9. City Manager's Report A. Update on Regulations and Available funds for Plant Memorial Fund B. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment for Public Arts Manager and the mural installation at Fire Station 1. C. City staff to request City Commission to schedule a workshop to discuss revisions to workforce housing ordinance. 10. Unfinished Business - None 11. New Business - None 12. Legal A. Proposed Resolution No. R20-093- Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 15, 2020 Commission meeting.) B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Page 6 of 701 13. Future Agenda Items A. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 B. Update on the Town Square Naming Rights Campaign - October 20, 2020. C. Announce the unveiling of the newly established 'Tim Howard Excellence in Public Service Award" - October 20, 2020 D. Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 E. Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 F. Mayor Grant has requested a discussion regarding downtown and future development. - TBD G. Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD 14. Adjournment Notice lfa person decides to appeal to any decision made by the City Commission with respect to any matter considered at this moeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits ofa service,programa or activity conducted by the city.Please contact the City Clerk's office,(561)742- 6060 or(TT)�1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 701 1.A. OPENING ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant Invocation by Pastor Randy Patterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Page 8of701 2.A. OTHER 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Informational items by Members of the City Commission Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 9of701 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proclaim October 15, 2020 as White Cane Safety Day in recognition of the growing independence and self- sufficiency of individuals who are blind in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Ted Goodenough, Assistant ADA Coordinator will accept the Proclamation from Mayor Steven B. Grant. Explanation of Request: The City of Boynton Beach supports Lighthouse for the Blind of the Palm Beaches in its efforts to educate the public and to assist those with vision loss to be self-reliant and independent. The white cane in our society has become one of the symbols of independence for an individual who is blind. Its use has promoted courtesy and special consideration to the blind on our streets and highways. To make the public more fully aware of the meaning of the white cane and the need for motorist to exercise special care for the individuals who are blind and carry it, Congress, by a joint resolution, approved as of October 6, 1964, and authorized President Lyndon B. Johnson to proclaim October 15 of each year as White Cane Safety Day. How will this affect city programs or services? Every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a person who is blind and carrying a white cane. Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our citizens who are blind by recognizing their worth as individuals and their productive capabilities. A young lady who is blind said, " I encounter people all of the time who bless me, extol my independence, call me brave and courageous, and thoroughly miss the boat as to what the real significance of the white cane is." By educating the public on the true meaning of the white cane, we hope to help remove any stigmas that people with vision loss experience and make Boynton Beach truly an inclusive place to live, work and play. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Page 10 of 701 Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation White Cane Safety Day Page 11 of 701 Wee,1 6 er d Arl proelambition WHEREAS, the white cane,which every blind citizen of in our city has the right to carry, demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment;and WHEREAS,the white cane,by allowing every blind person to move freely and safely from place to place,makes it possible for the blind to fully participate in and contribute to our society;and WHEREAS, every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane or guided by a dog guide;and WHEREAS, Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities;and WHEREAS, the City of Boynton Beach, and our business community, with the cooperative assistance of the Lighthouse for the Blind of the Palm Beaches, can look forward to a continued expansion of employment opportunities for and greater acceptance of blind persons in the competitive labor market: NOW THEREFORE,I,Stephen B. Grant,Mayor of the City of Boynton Beach,do hereby proclaim October 15, 2020,as: Whit¢ Cant §af�,tg 'Dag in Boynton Beach and call upon our schools,colleges,and universities to offer full opportunities for training to blind persons;upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society; and upon all citizens to recognize the white cane as an instrument of safety and self-help for blind pedestrians on our streets and highways today and every day. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,this 6,h day of October,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proclaim the Week of October 19 to 25, 2020 as Florida City Government Week. Vice Mayor Penserga will accept the proclamation. Explanation of Request: Florida City Government Week is a time for municipalities to provide and foster civic education, collaboration, volunteerism and more. All cities are encouraged to participate, and the League is here to help you celebrate what makes your city great. Cities provide a higher level of service than most governments, and generally receive higher approval ratings than other levels of government. Yet, many residents are unaware of how city services impact their lives. Through Florida City Government Week, we hope to bring awareness to city government's role in enhancing the quality of life in communities. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 13 of 701 ATTACHMENTS: Type Description D Proclamation Proclarnation-FIL City Government Week Page 14 of 701 w amaAa n&w, Proelambition WHEREAS, city government is the government closest to most citizens and the one with the most direct daily impact upon its residents;and WHEREAS,municipal government provides services and programs that enhance the quality of life for residents, making their city their home;and WHEREAS,city government is administered for and by its citizens and is dependent upon public commitment to and understanding of its many responsibilities;and WHEREAS,city government officials and employees share the responsibility to pass along the understanding of public services and their benefits;and WHEREAS,Florida City Government Week offers an important opportunity for elected officials and city staff to spread the word to all citizens of Florida that they can shape and influence this branch of government;and WHEREAS, the Florida League of Cities and its member cities have joined together to teach citizens about municipal government through a variety of activities. NOW,THEREFORE, I, Steven B. Grant,by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida,proclaim the week of October 19-25,2020 as: Florida Qtg Gov�zrnrn�znt Mzzk and encourage all citizens, city government officials and employees to participate in events that recognize and celebrate Florida City Government Week. The City also encourages educational partnerships between city government and schools, as well as civic groups and other organizations. Furthermore, the City supports and encourages all Florida city governments to actively promote and sponsor Florida City Government Week. IN WITNESS WHEREOF I have hereunder set my Band this 6,h day of October,2020. Steven B. Grant,Mayor ATTEST: Crystal Gibson,City Clerk 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proclaim the month of October 2020 as Domestic Violence Awareness Month. Jennifer Rey with Aid to Victims of Domestic Abuse, Inc. (AVDA)will accept the proclamation. Explanation of Request: The physical and emotional scars of domestic violence cast a long shadow on too many individuals who face the pain and fear of domestic violence regardless of race, age, ability, sexual orientation, gender identity, socio-economic status, or citizenship. Palm Beach County reported 4,633 domestic violence crimes in 2019, slightly up from 2018, including ten homicides and two manslaughters. The Department of Children and Families investigated 5,155 cases involving domestic violence in Palm Beach County last year, a very slight increase from the previous year. The Domestic Violence Council of Palm Beach County is coordinating a community-based response through advocacy, education and prevention with the goal of reducing the impact of violence on families. How will this affect city programs or services? Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Domestic Violence Awareness Page 16 of 701 9,?4 n A w 6 6 e-'emA, proclamation WHEREAS,domestic violence continues to be a major social crisis and health care concern in our state and in Palm Beach County;and WHEREAS,the physical and emotional scars of domestic violence cast a long shadow on too many individuals who face the pain and fear of domestic violence regardless of race,age,ability,sexual orientation,gender identity,socio-economic status,or citizenship;and WHEREAS,Florida reported 105,298 incidents of domestic violence in 2019,including 200 homicides and 21 manslaughters that resulted in the deaths of 37 children.Palm Beach County reported 4,633 domestic violence crimes in 2019,slightly up from 2018,including ten homicides and two manslaughtersI-and WHEREAS, exposure to domestic violence in a home with children is considered child abuse,with lifelong effects on the children involved. The Department of Children and Families investigated 5,155 cases involving domestic violence in Palm Beach County last year,a very slight increase from the previous year;and WHEREAS,there were 522 verified cases of maltreatment for family,household or intimate partner violence that threatens a child in the county in 2019 which is a 13 percent increase from 2018 and approximately a 32 percent decrease since 2015,and WHEREAS, the Domestic Violence Council of Palm Beach County is coordinating a community-based response through advocacy,education and prevention with the goal of reducing the impact of violence on families. There were 244 dedicated advocates,therapists,case managers,attorneys and volunteers across 10 organizations providing support to safety planning, access to emergency housing,and supportive services to survivors of domestic violence throughout the COVID-19 pandemic. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of October,Two Thousand Twenty as: Domestic Violence Awareness Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 6th day of October,Two Thousand and Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proclaim the week of October 18-24, 2020 as Poverty Awareness Week in the City of Boynton Beach. Kemberly Bush, CEO of Pathways to Prosperity, Inc. will accept the proclamation. Explanation of Request: Circles of Palm Beach County, a program of Pathways to Prosperity, is promoting Poverty Awareness Week to increase awareness to issues related to low-income families in our community. Throughout the week, community members will have an opportunity to participate in a variety of activities and commit to challenges that will bring them face to face with the barriers that impoverished people in our city experience on a daily basis. The challenges include watching films illustrating society's everyday struggle with poverty, eating on $4.50 cents per day, taking public transportation for an entire day and participating in a real life poverty simulation. Circles of Palm Beach County will convene participants who took the challenge to discuss their experience and encourage individuals to get involved with Circles to fight poverty throughout Palm Beach County. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 18 of 701 ATTACHMENTS: Type Description D Proclamation roclamation®Poverty Awareness Week Page 19 of 701 Proclamation WHEREAS, Circles of Palm Beach County a program of Pathways to Prosperity is a part of a national movement to end poverty;and WHEREAS,Circles of Palm Beach County is promoting Poverty Awareness Week to increase awareness to issues related to low-income families in our community;and WHEREAS, throughout the week, community members will have an opportunity to participate in a variety of activities and commit to challenges that will bring them face to face with the barriers that impoverished people in our city experience on a daily basis;and WHEREAS,the challenges include watching films illustrating society's everyday struggle with poverty, eating on$4.50 cents per day,taking public transportation for an entire day and participating in a real life poverty simulation;and WHEREAS, Circles of Palm Beach County will convene participants who took the challenge to discuss their experience and encourage individuals to get involved with Circles to fight poverty throughout Palm Beach County. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim October 18-24,2020 as: Poverty Awareness Week IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach,Florida,the 6,h day of October Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proclaim October 7, 2020 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. Explanation of Request: In recognition of the fifth annual national Energy Efficiency Day on October 7, 2020, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, universities, and individuals working to promote energy efficiency—the cheapest, quickest way to meet our energy needs, cut utility bills, and reduce pollution. Energy efficiency is also an economic engine, amassing a U.S. workforce of nearly 2.4 million by the beginning of this year. Ranging from professional services to manufacturing, installation, and construction, these good jobs are local and cannot be outsourced. How will this affect city programs or services? Observing Energy Efficiency Day will help the City promote the Energy Edge Rebate Program, the Property Assessed Clean Energy (PACE)financing program, the free conservation kits for residents, and other programs and initiatives in the 2020 Climate Action Plan. Fiscal Impact: Non-budgeted There is no impact to the City's budget. Alternatives: Not proclaim October 7, 2020 as Energy Efficiency Day. Strategic Plan: Strategic Plan Application: Climate Action: Yes Climate Action Discussion: 2020 Climate Action Plan Strategy C-2.2 Energy Efficiency & Conservation. Recommended action: Continue to observe National Energy Efficiency Day each October and conduct year- round outreach to educate and engage residents in energy efficiency. Is this a grant? Grant Amount: Page 21 of 701 ATTACHMENTS: Type Description D Proclamation roclamation®Energy Efficiency Day Page 22 of 701 proelambition WHEREAS,energy efficiency is one of the cheapest,quickest,and cleanest ways to meet our energy needs and reduce utility bills for residential,business,and industrial customers;and WHEREAS,energy efficiency can also make our homes and workspaces healthier,safer,and more comfortable;and W HEREAS,smarter energy use reduces the amount of electricity w e need to pow er our lives,w hich helps avoid pow er plant emissions that can harm our health,pollute our air,and warm our climate;and WHEREAS,cutting energy waste saves U.S. consumers billions of dollars on their utility bills annually,up to $500 per household from appliance efficiency standards alone;and WHEREAS,more than 2.4 million Americans were working in the energy efficiency sector prior to the pandemic in local,good-paying,clean energy jobs that couldn't be outsourced and increasing America's recovery efforts by ramping up our efficiency efforts will sustain and create more of them;and WHEREAS, improved energy codes for homes and commercial buildings also can significantly reduce utility costs and create new jobs, and the City of Boynton Beach supports increasing the minimum levels of efficiency for new buildings through adoption of a stricter code or the model 2021 International Energy Conservation Code(IECC);and WHEREAS, for cities and states tackling harmful pollution, energy efficiency can get them about halfway toward their climate goals;and WHEREAS,a nationwide network of energy efficiency groups and partners has designated the first Wednesday in October as the fifth national annual Energy Efficiency Day;and WHEREAS, residents of Boynton Beach can contribute to sustainability by learning about energy efficiency, practicing smarter energy use in their daily lives,and participating in the City's Energy Edge Rebate Program;and NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 7,h day of October Two Thousand Twenty as: ENERGY EFFICIENCY DAY IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Boynton Beach,Florida,to be affixed at Boynton Beach,Florida,the 6,h day of October,Two Thousand Twenty. Steven B. Grant,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.F. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Announce the launch of the City of Boynton Beach official mobile application the "MYBB" app. Explanation of Request: Connect with the City of Boynton Beach anytime, anywhere with the City's official app. This free app offers easy, 24/7 access to non-emergency services and information about the City. You can pay bills, report concerns, read City news and more. The new app is available through the Apple app store or Google play store. Apple App Store: https://apps.apple.com/us/app/idl531519254 Google Play Store: https:Hplay.google.com/store/apps/details?id=com.civicapps.boyntonbeachfl City of SGynton Beach ,,... uY of B§.r:�n B.ea c F s� fQ s � i Page 24 of 701 How will this affect city programs or services? The new MYBB app will help deliver news, information, and services faster and provide an improved experience to city residents. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? 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Z v t, I' O v v - ;r! i. , S i '� till sk t �a r„ �_ Y k� ' Li Q n O v U >1 v Z ZD n; N �I '� � UH5,w � 0 o o W co i Z � _ til sk t �a r„ i F E v E E u vi + E. e{ ts'4 t t t b s 3 E a 0 G UN � 0cli o 2pM (o V+J ` � v o � m �i ro i } i rJ p E A-W all, t 400 p 3 sk a + 7 �_ Y k� i n e{' 1 l�I 1: f>: 1t f 0 0 M M N co d v I l' f til sk t �a r„ �_ Y �t k v { `s> ,, C) U JEo M 00co - 1 � m m aAvpeaJIN CIA OD o v k a z r e cv �_ NE Fir � E i a y y v — v �> sk t �a r„ i { t t, is `4 t = I�t) Ci jjjj 7, 0 S N C u� O m LL r ti 4 _ a.0 �ttuu�+ ll IAJ L W i,J��/1/ a<:ux4rsfn L 0 CrC CL LASr tCIO, p Ln M _ w N u Y i u4, W us 70 a u n 1LUI L W 3 u La ILI- n € L o PSA 0 Go LU LU tiE ZZ NO lk x�:� S a i �s i � y a�- �� till sk t �a i t is `4 t`v 1,t T L cn h® .`. LU j r4 CL CID LAIJI (D L "c LU CL ht� � fX ■ rE v `w 3 J m �ry J co") �- Q _-j t t 1 o ?S t 'F 1 X11 j sk t �a r„ i t r, is `4 t`v wt t a a r 0 4 N a co a O Q � w w N i �s O 3 t sk t �a r„ I t r, is `4 t`v 1,t I�,„rrl wt t 4 C) ✓ 0 co M N co _ d > o r^ ss c. o � v i u II O i io sS t f t till k t �a i t is t`v 1,t wt t U1111 r C i > n ,n _ ^^ co LL { i p � W 0 �nn11 W t k t �a �_ Y k� i n " bbC a � O � u c� c� 0 � � c� o O � O c� 4-j c� 4.1 Q t O sk t �a r„ �_ Y k� i k � � o •� - •� C,3 v� � S + r 't till sk t �a r„ 3.G. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Announce grand opening of playground areas in Town Square on October 17th. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 42 of 701 3.H. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Hear monthly update from J KM Developers and E21- Solutions on Town Square project Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 43 of 701 5.A. ADMINISTRATIVE 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. Explanation of Request: Mayor Grant requests to distribute $250.00 of his Community Support Funds to Pathways to Prosperity. The funding will be used for the Healthier Boynton Beach (HBB) Caregivers Appreciation event. November is National Caregiver Appreciation Month and HBB would like to host an event to appreciate the caregivers. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of$2,000 for each Commission member were approved in the FY 2020/2021 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Community Support Funds Request Form Page 44 of 701 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 08/31/2020 Requested by Mayor/Commissioner: Ma or Steven B. Grant Amount Requested $250.00 Recipient/Payee: Pathways to Prosperity Descri tion of project, program, or activity to be funded: Healthier Boynton Beach HBB Caregivers Appreciate Event. November is National Caregiver Appreciation Month and HBB would like to host an event to appreciate the caregivers. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $2,000.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated: 1 , City Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire comrrrup rved by such donation Dated: By: Req sting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2020-2021\Mayor Grant-Pathways to Prosperity 2020.docx Page 45 of 701 5.B. ADMINISTRATIVE 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the request of Mayor Grant to distribute $200.00 of his Community Support Funds to Connect To Greatness, Inc. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to Connect To Greatness, Inc. Connect To Greatness empowers African-American boys to re-imagine their reality and become change makers in the world. The funding will be used for the Boys to Men Leadership Academy Program. How will this affect city programs or services? N/A Fiscal Impact: Budgeted Community Support Funds of$2,000 for each Commission member were approved in the Fiscal Year 2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Community Support Funds Request Form Page 46 of 701 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 09/21/2020 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Connect to Greatness Description of project, program, or activity to be funded: Connect to Greatness Boys to Men Leadership Academy Program. Part II -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2000.00. The balance of funds available for the requesting Member of the Commission is $1750.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested Dated: 'vn By. City Clerk Part III-Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\FY 2020-2021\Mayor Grant-Connect to Greatness FY 2021.docx Page 47 of 701 5.C. ADMINISTRATIVE 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effectively as possible Fiscal Impact: Non-budgeted Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Appointments and Applicants for October 6, 2020 Page 48 of 701 Appointments and Applicants for October 6, 2020 Building Board of Adjustments and Appeals I Katz Alt 2 yr term to 12/21 (Tabled 2) 11 Hay Reg 2 yr term to 12/21 (Tabled 2) III Romelus Reg 2 yr term to 12/21 (Tabled 2) Applicants: None Library Board I Katz Alt 2 yr term to 12/20 (Tabled 2) 11 Hay Alt 2 yr term to 12/21 (Tabled 2) Applicants: None Recreation and Parks Board Mayor Grant Reg 2 yr term to 12/21 (Tabled 2) Applicants: None Page 49 of 701 5.D. ADMINISTRATIVE 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Authorize City Commissioners to attend the Florida League of Cities Legislative Conference, including travel and hotel stay, at the Embassy Suites Orlando-Lake Buena Vista South, Kissimmee, FL, on November 12-13, 2020. The Conference will be in-person with an option to participate in meetings remotely. Explanation of Request: The Florida League of Cities Legislative Conference will be held at the Embassy Suites Orlando-Lake Buena Vista South, Kissimmee FL, on November 12-13, 2020. (Conference information is attached.) The Conference will be in-person with an option to participate in meetings remotely. Registration is$150 per person. Hotel Room Rate is $145 per room. Estimated cost of mileage reimbursement per person is$200. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached.) How will this affect city programs or services? N/A Fiscal Impact: Budgeted Funds in the amount of$5,000.00 were included in the approved FY20/21 budget for the Commission's travel to the FLC Conference under account 001-1110-511-40-12. Alternatives: Do not authorize any Commissioners to attend the conference. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 50 of 701 ATTACHMENTS: Type Description D Attachment IFLC Legislative Conference Information D Attachment E-mail re: IFLC Conference Room Rate I nformation D Attachment Commission Travel Policy Page 51 of 701 Display event -FLC 2020 Legislative Conference Page 1 of 5 i i n Cart t� #F�� E FloridaLCFLC 2020 Legislative Conference Register today for the 60th Annual Cities Legislative . The event will be held November 12-13,2020 at the Embassy Suites Orlando- Lake Buena Vista South. Florida League of Cities President Antonio"Tony"Ortiz,commissioner of the City of Orlando,will preside over the conference where he will officially kick-off and lay the foundation for cities'involvement in the legislative process.Join your municipal colleagues as the state's top issues are discussed and priorities established for the 2021 session! All of Florida's city officials are essential to the League's legislative success.Join your municipal colleagues to discuss the latest on the state's top issues,the status of the FLC legislative priorities and share ideas on ways to urge legislators to support Home Rule! (:Tlheregistration fee for this event has been reduced to$150. a look forward to seeing you there! - - Tentative Program* We are planning a variety of informative workshops to help you prepare for the 2021 Legislative Session.The specific workshop schedule will be posted to our website and social media as soon as it is available,so check for updates! Thursday- November 12, 2020 https://members.flcities.com/FLC/Events/Event Display.aspx?EventKey=FLCLC20 9 e/ 20 0of 701 Display event - FLC 2020 Legislative Conference Page 2 of 5 8:00 a.m. Coffee Service 8:00 a.m.- 5:00 p.m. Registration Desk Open 9:00 a.m.- 10:00 a.m. Federal Action Strike Team (FAST) Meeting 10:00 a.m.- 12:00 p.m. Policy Committee Meetings Finance,Taxation and Personnel Land Use and Economic Development Municipal Administration Transportation and Intergovernmental Relations Utilities, Natural Resources and Public Works 12:00 p.m.- 1:30 p.m. Awards Luncheon 1:45 p.m.-3:00 p.m. Workshop 3:15 p.m.-4:30 p.m. Workshop 4:45 p.m.-6:00 p.m. Florida League of Cities Board of Directors Meeting 6:00 p.m.-7:00 p.m. Networking Event Frida - November_13.2020 7:30 a.m. Coffee Service https://members.flcities.com/FLC/Events/Event Display.aspx?EventKey=FLCLC20 PgVTS5 0gb701 Display event-FLC 2020 Legislative Conference Page 4 of 5 Embassy Suites Orlando- Lake Buena Vista South 4955 Kyngs Heath Rd. Kissimmee, FL 34746 Note: If thereare additional registration options for this event,they will be shown below.To add an additional option,click the blue Addbutton tot the left of the item (s). If there are no additional options available fort is event,or additional options are available and you have successfully added the appropriate onest registration,click the goldrc checkoutbutton on the bottom right continue on tot the next registration step. Sign in to register Username pamelaohler Password Sign I o g t username? I .= r ass d Need help logging in or creating an account? Help ! ...... — . a...... w ... .............. ........ ........... . . https://members.flcities.com/FLC/Events/Event Display.aspx?EventKey=FLCLC20 MW/22of 701 Display event- FLC 2020 Legislative Conference Page 3 of 5 7:30 a.m.- 11:00 a.m. Registration Desk Open 8:00 a.m.- 9:00 a.m. Advocacy Committee Meeting 9:00 a.m.- 10:00 a.m. Legislative Committee Meeting 10:00 a.m.- 10:00 a.m. Workshop 11:00 a.m.- 12:00 p.m. Business Session 1:00 p.m.-4:45 p.m. Continuing Education in Ethics: Have You Completed Your Hours? NOTE- This class will be offered on a first come, first served basis No pre- registration will be accepted and the room will be filled in order of arrival. *Program Subject to Change Cancellation Policy The League continues to monitor the situation with COVI D-19. If we determine that it is necessary to cancel the in-person event and transfer to a virtual meeting, your registration fee will be refunded in full. Otherwise,cancellations must be emailed to Melanie Howe by 5:00 .m., Friday,October 30 to receive a refund of registration fees. Refunds will not be issued until after the conference and no refunds will be issued for early departure. When 11/12/2020 8:00 AM - 11/13/202012:00 PM Where https://members.ficities.com/FLC/Events/Event Display.aspx?EventKey=FLCLC20 PVpg�A!M701 Display event- FLC 2020 Legislative Conference Page 5 of 5 Important note concerning registration confirmations: We need the email address of the registrant(s) in order to send confirmations. Please provide the email address of the attendee(s) using the badge information link t located directly below the registration button. If you are not the attendee,you will have the option to send yourself copies of the email confirmation(s) after submitting the registration(s), at the end of this sign-up r process. - - .. . ....................... . .. .... J The Florida League of Cities is committed to ensuring accessibility of this website.To report an accessibility issue,request accessibility assistance regarding our website content,or to request a specific electronic format,please contact the FLC's accessibility coordinator(407)367-4008,or complete our Accessibility Feedback Form.We will make reasonable efforts to accommodate all needs. © Florida League of Cities I FLC Home https://members.flcities.com/FLC/Events/Event Display.aspx?EventKey=FLCLC20 �jgp2&of 701 Page 57 of 701 9/18/2020 Rand McNally Driving Directions and Maps (https:/ Fina ree tools and resources h° to help yours all business Mileage Calculator The Rand McNally mileage calculator will help you determine the mileage between any two destinations. Enter Starting Point Mileage: A 100 E Ocean Ave, Boy 171.7 miles Enter Ending Point Time: B 4955 Kyngs Heath Rd 2 hrs 37 min Get Mileage Get Directions for This Route Find free tools and resources to help your small business Learn r �—o i pG�J Int diop ra40-00 ; lta rci maps.randmcnally.com/mileage_calculator Page 58 of 7911 Page 59 of 701 Gibson, Crystal To: Wohler, Pamela Subject: RE: Room rate? From: Heidi Hogarth <hhogarth@flcities.com> Sent:Wednesday, September 23, 2020 4:31 PM To:Wohler, Pamela <WohlerP@bbfl.us> Subject: RE: Room rate? Hotel Accommodations The Embassy Suites Orlando- Lake Buena Vista South (located at 4955 Kyngs Heath Road in Kissimmee) is the location for the 2020 Legislative Conference. The reservation cut-off date is October 21, 2020 and the rate is$145/night, with complimentary self-parking. Each reservation includes a complimentary cooked-to-order breakfast and an evening reception. In order to protect our room block for conference registrants, it is our policy that no one will receive housing instructions until we have received your PAID registration. Once your registration is paid,you will be sent housing instructions via email. Note: If you register online but choose to mail in your check, you will not receive your housing information until your registration is paid. Remember that we are unable to guarantee reservations for anyone, nor the exact date on which the hotel will sell out, so please register early! Heidi S. Hogarth Meeting Planner Florida League of Cities, Inc. 850.701.3605 www.fIcities.corn e L , ,v " 111 , L C FLORIDA LEAGUE U OF CITIES 1 Page 60 of 701 1 1 1 RESOLUTION NO. R 07- 15� 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, 5 ESTABLISHING A TRAVEL POLICY; RESCINDING 6 ALL PREVIOUS RESOLUTIONS AND POLICIES 7 GOVERNING TRAVEL BY THE CITY COMMISSION; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach desires to establish 11 a travel policy to provide for an administrative process by which each member of the 12 Commission would obtain concurrence of a majority of the members of the City Commission 13 for approval of travel expenditures; and 14 WHEREAS, passage of this Resolution will rescind all previous Resolutions and 15 policies governing travel by the City Commission; 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 17 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 18 Section 1. The foregoing "WHEREAS" clauses are true and correct and 19 hereby ratified and confirmed by the City Commission 20 Section 2. That the City Commission of the City of Boynton Beach does hereby 21 establish a Travel Policy, a copy of which is attached hereto as Exhibit"A". 22 Section 3. That any and all previous Resolutions and/or Policies governing travel 23 are rescinded. 24 Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 61 of 701 it 1 PASSED AND ADOPTED this 18 day of December, 2007. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 or—Je aylo 7 8 !, 9 Vice M r—J odli ez 10 11 • 12 Commis'�sioner—Ronald Wei an 13 14 c 15 Commissioner—Woo . Hay 167 18 Commissioner—Marlene Ross 19 ATTEST: 20 21 p � . 22 ol 23 Jaiiph M. Prainito, CMC 24 y Clerk 25 26 27 28 (C Sear 29 30 SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 62 of 701 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1 . Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 63 of 701 City of Boynton Beach City Commission Gt�IVFE�t��E=�&°�'�tA1��F�ECt' ��►T Date of Request: 2008 City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: Date NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 64 of 701 6.A. CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve an increase to the estimated expenditure with General GMC to $60,000 due to the increased repairs needed this fiscal year. Explanation of Request: In the beginning of the fiscal year 19/20 staff requested a blanket for General GMC who is the sole source for full service ACX service and parts center for Autocar. The City has reached the threshold of$35,000 and are requesting to increase the estimated expenditure to $60,000 due the increasing expenses and repairs this fiscal year. How will this affect city programs or services? The increase will allow staff to continue to repair/order parts to keep the vehicles operational and meet the service demands of our customer/residents in a timely manner for all Departments within the City. Fiscal Impact: Budgeted Budgeted funding is in Fleet account#501-5000-590-09-82 Alternatives: Not increases the expenditure will cause us to have vehicles inoperable and cease services to our residents/customers. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: General GMC Start Date: Page 65 of 701 End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Contract General GMC ® Paperwork Page 66 of 701 Purchasing iviin Sole/Single Source Justification For This form shall be completed and approved prior to all sole source purchases Sole Source Definition-Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: . There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single ource Definition -A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. `laett?r ',, Department Public Works ------------------------ Division Fleet Maintenance Point of Contact Bill Darty Phone Number 561-742.6215 end4�r � , , Company Name General GMC Address 360 S Military Trail,West Palm Beach, FL 33414 Phone Number 765-545-0539 ..- . . Point of Contact and Title Craig Teune, Director of Sales Application—Refuse What other vendors were contacted? (List company name, contact, and phone NIA number and explain why they were not suitable) i Product or Service Product/Service Name Full Service ACX Service/Parts Center for Autocar Manu facturer G M C Autocar Volvo Make/Model # Request is for one year blanket purchase order for OEM parts & service. _.... mm, Price $20,000 Annual Estimated Amount Did you negotiate the terms or prices with the vendor? 0 Yes o Why is this price considered to be fair and reasonable? OEM Rate 1 Page 67 of 701 i Purchasing Division Sole/Single Source Justification Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re-purchase for compatibility reasons) Yes ❑ No This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. The vendor is a General GMC Truck Sales and Service, Inc. only full service authorized Autocar ACX distributor and ACX service/parts center located in Palm Beach County. ' Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. 777 OWN` i • i • • • My department's recommendation for a sole source purchase is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities,favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materials, or firms been a decidingrluence on my request to sole source this purchase when there are other known suppliers that exist. ql 1. Dep meat D' ecto , F. r7 tl � L s wE f Sign ,cure Da ...,,,r...................... ..... _ v 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend ❑1 do not recommend ❑ this being certified as a sole source. Required ❑ 1 not required ❑ to be advertised for a period of 7 business days before award. Signature Date 2 Page 68 of 701 February 28,2020 Genera[GMC 360 So. Military Trait West Palm Beach,FL 3341 To Whom it May Concern, This letter will confirm that as of today,February 28th,2020,General GMC Truck Sales and Service,Inc. located at 360 S. Military Trail in West Palm Beach,FL is the only full service authorized Autocar ACX distributor and ACX service/parts center located in Palm Beach County within 20 miles of Boynton Beach, FL. If you have an additional questions fell free to contact me. Sincerely, Craig Teune AutocarTruck, LLC Director of Sates Application-Refuse 4680 Pinson Valley Parkway Birmingham,AL 35215 765545-0539 cteune@autocartruck.com Find service location& distributor I Autocar Trucks Page 1 of 5 FIND SERVICE LOCATIONS 0 DISTRIBUTORS ENTER A ZIP OR ADDRESS: 33435 50 Miles FIND "TRUCK MODEL: I AUTOCAR ACX@ 1 AUTOCARACMDO AUTOCAR ACTT@ AUTOCAR DC10 SERVICE TYPE: SERVICE CENTER/PARTS DISTRIBUTOR iyu V��1`��,71 1414UN114'11 yr41(r 1!111;i 41111 1r 1 1 171 -`i>` �7,,1a rY1 14 (1111 A l(t1£144 V1}JI1 X41 ��y}711 114x;1 1!£1 ` �tiu�t( 1��4 �� 115 1141 rs l 1V14� z 1su LPidISUS! 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I„ 11x5 x 7417 4'1f�'111111145 1154 £ {i (i 1 ,,.1111 4 1 {1 s 1,Fc+i 1{1 1141/1114 11 s1{}�121`x!"1 1 1174,11) }l 1711/,, x,1,1 1 1,.,11P P 111111 11 1 111 4i j1y, 1,�1)iTr,}i(�4,111 111' Hh'1ta 1�1 y (1, ,,,;is r1 1 111, 11�1111,111.1 s,'1x,1:1 ?11.,tat 1,slit a:,511 4 11tY,11(11 r 11,11 v1,,,11>:1 1 41Y, 1;5 U 51 r �1,11111: 111 1 t, s�.1 s j t1 lona r 11 W 1x,7 ti r111 ,1,1,nr, ;1�zmro1 �' Pa��7�e https://www.autocartruck.com/fmd-service-location-distributor/ �f 701 Find service location& distributor I Autocar Trucks Page 2 of 5 GENERAL GMC TRUCK SALES 0 SERVICE, INC. 10.58 MILE(S) DISTRIBUTOR 360 S Military Trl,West Palm Beach, FL 33415 561-686-8906 EXPERT DIESEL(K.V.P. ENTERPRISES) 32.11 MILE(S) SERVICE CENTER 4700 Oakes Rd, Fort Lauderdale, FL 33314 https://www.autocartruck.com/find-service-location-distributor/ Paq/e272b2qj 701 Find service location& distributor I Autocar Trucks Page 1 of 5 FIND SERVICE LOCATIONS & DISTRIBUTORS ENTER A ZIP OR ADDRESS: 33435 100 Miles FIND TRUCK MODEL: ------ AUTOCAR ACX@ AUTOCAR ACMDO AUTOCAR ACTT® AUTOCAR DCTm SERVICE TYPE: SERVICE CENTER/PARTS DISTRIBUTOR FAAN +k r E �'€�� `SFU t�V i� � bi�j i�ly ��jt ii V�t��j sirl i♦��fti s�ft� w i KID" Corm rcpt s (( p IP Gr� x4 t 1F4 gum " ll�.a �.au an, r. I69�'' .e t t Fsa �.W.. �� ;��.h�Ci��me tier ✓ i-1 ;t i ¢ } OO 1987-2020 HERE`S 1 eim of Lisp[h11gj5J?1ai.h efaz � m �, jar J , https://www.autocartruck.com/find-service-location-distributor/ Pa�%Tj qX 701 Find service location& distributor I Autocar Trucks Page 2 of 5 GENERAL GMC TRUCK SALES 5 SERVICE, INC. 10.58 MILES) DISTRIBUTOR 360 S Military Tri, West Palm Beach, FL 33415 561-686-8906 PALMETTO FORD TRUCK SALES 51.64 MILES) DISTRIBUTOR 7245 NW 36th St, Miami, FL 33166 305-592-3673 https://www.autocartruck.com/find-service-location-distributor/ Pacp67/2()2b701 6.B. CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Resolution No. R20-111 -Adopt the 2020 Flood Mitigation Plan (FMP) Update document that will allow the City residents to continue to be eligible for the current discount on flood insurance premiums. Explanation of Request: From 2011 to 2013 the City developed its first FMP, adopted by the City Commission on July 16, 2013. The Community Rating System (CRS) program requires that the FMP be updated every five (5) years or prior to the community's next Verification Visit. Next Verification Visit is anticipated in November 2020. The FMP identifies flood related hazard problems and ensure a comprehensive review of possible mitigation activates. The FMP update was developed by the Flood Mitigation Plan Task Force, comprised of residents, stakeholders and City staff. Planning efforts have been underway since January 2019. The plan was developed using FEMA's 10-step process: 1. Organize to prepare the plan 2. Involve the public 3. Coordinate with other agencies 4. Assess the hazard 5. Assess the problem 6. Set goals 7. Review possible activities 8. Draft an action plan 9. Adopt the plan 10. Implement, evaluate and revise The Task Force met four times: February 14, March 15, June 19 and August 7, 2019. There were also two public meetings to received input and comments from the public, January 21, 2019 and September 16, 2020. The Action Plan is the heart of the FMP. There are 41 activities recommended in the Action Plan that include the following topics: 1. Preventative Measures 2. Property Protection 3. Natural Resource Protection 4. Emergency Services 5. Structural Projects 6. Public Information How will this affect city programs or services? It is expected that this document will prove to be beneficial tool for flood mitigation for the residents, business and the City as it: • Builds public support for flood mitigation activities • Lessens flooding and its impact through implemented activities • Enhances potential to secure FEMA grants that supplements City's funds for flood-related capital improvements • Helps in reducing and maintaining low flood insurance premiums for all policy holders in City of Boynton Beach Page 74 of 701 An ADA compliant version of the Action Plan document is published in the Flood page of the City's website. Fiscal Impact: There are no funds required for the adoption of the 2020 Flood Mitigation Plan (FMP) Update. Alternatives: Not to adopt the FMP Update. Failure to adopt the FMP would cause the City to fall short of the CRS requirements for FMP Updates and could reduce the City's flood mitigation program and deny our City residents and business of continuing to enjoy the current discount on their flood insurance policies. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving the 2020 Flood Mitigation Plan update document D Addendum Action Plan D Addendum Map®Areas Prone to Filoding D Addendum Table®Areas Prone to Floodig Page 75 of 701 I RESOLUTION NO. R20- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, ADOPTING THE 2020 FLOOD MITIGATION 4 PLAN (IMP) UPDATE DOCUMENT THAT WILL 5 ALLOW THE CITY RESIDENTS TO CONTINUE TO BE 6 ELIGIBLE FOR THE CURRENT DISCOUNT ON FLOOD 7 INSURANCE PREMIUMS; AND PROVIDING AN 8 EFFECTIVE DATE 9 10 WHEREAS, the City adopted it's first Flood Mitigation Plan on July 16, 2013; and 11 WHEREAS, the Community Rating System (CRS)program requires that the FMP be 12 updated every five (5) years or prior to the community's next Verification Visit which is 13 anticipated in November, 2020; and 14 WHEREAS, the update was developed by the Flood Mitigation Plan Task Force, 15 comprised of residents, stakeholders and City staff, and 16 WHEREAS, this City is committed to the mitigation of potential hazards, including 17 flood related hazards, and the protection of the public health, and the reduction of property 18 damage and loss of life that can result from flood events; and 19 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 20 best interest of the Citizens and residents of the City of Boynton Beach to approve adopting the 21 2020 Flood Mitigation Plan update document. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby S:\CA\RESO\Flood Mitigation Plan 2020 Update-Reso.Docx Page 76 of 701 28 adopt the 2020 Flood Mitigation Plan update document, a copy of which is attached hereto as 29 Exhibit"A." 30 Section 3. That this Resolution shall take effect immediately upon passage. 31 32 PASSED AND ADOPTED this day of October, 2020. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor—Ty Penserga 39 40 Commissioner—Justin Katz 41 42 Commissioner—Woodrow L. Hay 43 44 Commissioner— Christina L. Romelus 45 46 VOTE 47 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) S:\CA\RESO\Flood Mitigation Plan 2020 Update-Reso.Docx Page 77 of 701 j March 2020 Flood Mitigation Plan The FMP Task Force reviewed numerous flood mitigation activities in Section 8 that could prevent or reduce the severity of the problems described in the hazard assessment of Sections 5 and the problem assessment of Section 6. Based upon the activities' review documented in Section 8,the Action Items listed and described below were recommended and prioritized by the Task Force. These Action Items incorporate the following six categories of activities reviewed: • Preventive • Property protection • Natural resource protection • Emergency services • Structural projects • Public information 1. Continue to implement correction of localized drainage problems to enhance the Level of Service standards. Action: The Utility Department will continue efforts to maintain, replace, and upgrade drainage features to minimize or eliminate localized drainage problems by implementing Utility in-house drainage improvements and capital improvement projects included in the Areas Prone to Flooding Map and supplementary table (attached in Appendix E). The City's Map depicting the 2019 areas prone to flooding and supplementary table will continue to be updated annually. Additionally, all ongoing and planned flood mitigation projects will be included in the Stormwater CIP map and tabulated, including estimated construction costs and completion dates. Both the maps and tables are included in the 2019 Flood Mitigation Plan (FMP) Action Plan Update and will continue to be included in the subsequent annual Action Plan Update reports,which are required for every CRS annual Recertification. Included Projects: • Lakeside Garden • Heart of Downtown Drainage Improvements • Central Seacrest Corridor Phase III • San Castle • NW 1St Street south of Gateway Blvd • Chapel Hill/Betty Thomas Park Funding:Capital Improvement Program(CIP)funds and operation funds for implementation of in-house projects. CRS Max Consultants, Inc. Se ,: N ,. Page 1 of 11 Page 78 of 701 j March 2020 Flood Mitigation Plan 2. Continue to foster interdepartmental/interagency coordination to identify projects to enhance flood mitigation in areas of frequent flooding and repetitive loss areas.The Utility,Development and Public Works Engineering Departments annually prioritize the drainage improvements' needs and request for projects to be included in the City's CIP Program funding. Simultaneously work with the Grant Coordinator to pursue grants to fund these projects. Some examples of available grants are: a. Flood Mitigation Assistance Grant b. Hazard Mitigation Grant c. Pre-Disaster Mitigation Grant d. Severe Repetitive Loss Grant Action: The Development,Public Works and Utility Departments will continue to implement flood mitigation project identification and work with the City's Grant Coordinator to implement this task. Funding: No additional funding needed; funds are available in City's operations budget For grants matching funds,if required, CIP funds will need to be budgeted for implementation. 3. Encourage proper maintenance of Florida Department of Transportation (FDOT) drainage systems within the City limits. Action: Coordination with Florida FDOT. Funding: No additional funding needed; funds are available in City's operations budget 4. Continue City participation and compliance with the National Flood Insurance Program (NFIP) and the Community Rating System (CRS). Seek CRS classification improvements within capabilities of City programs, including adoption and administration of Federal Emergency Management Agency(FEMA)approved ordinances and Flood Insurance Rate Maps (FIRMS),thus enhancing the City's flood mitigation efforts while securing insurance premium rewards for its residents and businesses. Action: This is the responsibility of the Development and Utilities Departments. This is an ongoing policy and the City will continue its current approach. Funding: No additional funding needed; funds are available in City's operations budget S. Continue to actively encourage all property owners to purchase flood insurance, through outreach projects. Action: This action will continue to be implemented by distribution of brochures and other printed material via annual mailings, distribution at City events and flood prevention outreach events organized by the County. This activity is the responsibility of the Development and Utilities Departments to be implemented through outreach. Funding: No additional funding needed; funds are available in City's operations budget CRS Max Consultants, Inc. Se : N Ac P Page 2 of 11 Page 79 of 701 March 2020 Flood Mitigation Plan 6. Ensure that City crews maintain and operate all flow control structures and systems for which it is responsible and encourage private and regional entities to do the same. Action: This is the responsibility of the Utility Department The Operations Division will make the records available to the CRS Coordinator each year. Funding: No additional funding needed; funds are available in City's operations budget 7. Continue the City's storm preparedness program to clear debris from the stormwater drainage system. Action: The Utility Department will continue to implement the removal of debris before and after storm events. Funding: No additional funding needed; funds are available in City's operations budget 8. As part of the City's National Pollutant Discharge Elimination System(NPDES),continue sediment control to prevent clogged drainage systems such as street sweeping, curb and gutter cleaning and planting vegetation on bare ground. Action: This is current policy and the Public Works Department will continue the current approach. Funding: No additional funding needed; funds are available in City's operations budget 9. Continuously update the inventory of the City's drainage structures. Action: This is a requirement of the City's NPDES permit As part of the 5-year permit cycle, 20% must be inventoried annually. To be completed by the Utility Department Funding: No additional funding needed; funds are available in City's operations budget 10. The Stormwater crew will continue to keep a registry of problematic areas that require the use of vacuum trucks in the event of a flood event, including after regular business hours. Action: This is current policy and will continue. During emergencies the Stormwater Supervisor will coordinate with other City departments as required. Funding: No additional funding needed; funds are available in City's operations budget 11. Continue to implement the Utility Department stormwater replacement and maintenance program. Action: This program augments the Utility Department's operations and maintenance budget It is funded each year as needed;pumps and additional equipment are purchased and replaced as needed. Funding: CIP and operational funds. CRS Max Consultants, Inc. Se : N Ac P Page 3 of 11 Page 80 of 701 March 2020 Flood Mitigation Plan 12. Maintain coordination with South Florida Water Management District(SFWMD) and Lake Worth Drainage District(LWDD) in matters pertaining to regional floodplain management Action: The Utility and Development Departments continue this current policy. Funding: No additional funding needed; funds are available in City's operations budget 13. Continue to coordinate with homeowners' associations (HOAs) to maintain their drainage control structures/systems. Action: The Utilities Department will continue coordination with Lake Worth Drainage District (LWDD) and management companies of the HOAs so that they are informed concerning what they should be doing pre-storm and post-storm. Funding: No additional funding needed; funds are available in City's operations budget. 14. Provide information to residents,businesses and other property owners concerning the purpose, importance,and proper maintenance of swales. Action: This is an ongoing activity by the Utility Department and will continue the current approach. Funding: No additional funding needed; funds are available in City's operations budget 15. Continually update information prior to, during, and after a hurricane or flood event, including road and bridge closures,evacuation orders,emergency shelter locations,evacuation routes and electrical outages. Post contact information so that citizens know how to contact FEMA post- flood.This update responsibility can include some of the following options: • City website • Email advisements • Public service announcements through local media (radio,newspapers, etc.) • Social media including Twitter and Facebook • Citizen Hotlines • Brochure handouts at Points of Distribution (POD). The POD in Boynton Beach is the Hester Center. Action: This is a current City procedure and will continue as a responsibility of the Boynton Beach Emergency Management Division. The Standard Operating Procedure written for emergency information dissemination shall include the items listed above. Funding: No additional funding needed; funds are available in City's operations budget 16. Ensure adherence to the City's Emergency Procedures Manual, particularly in the event of evacuation orders. CFS Max Consultants, Inc. Se : N Ac P Page 4 of 11 Page 81 of 701 J March 2020 Flood Mitigation Plan Action: Emergency Management Division personnel should review key components of the procedures before June 1st of each year. Funding: No additional funding needed; funds are available in City's operations budget 17. Ensure optimal staffing of emergency management personnel to receive information and respond to emergency events. Action: This practice will continue as in the past, in accordance with Incident Command System (ICS) standards. Funding: No additional funding needed; funds are available in City's operations budget 18. Provide ongoing training and evaluation of the Community Emergency Response Team (CERT) program. Action: This is current City policy and will continue. The CERT members meetwith the City's Fire Department four times a year. Two of those meetings are within two months of hurricane season. Funding: No additional funding needed; funds are available in City's operations budget 19. Integrate response to flooded homes with appropriate response organizations (American Red Cross,faith-based organizations and other non-profit entities). Action: The Emergency Management Division will contact appropriate response organizations at least 24 hours prior to an anticipated hurricane or flooding event. During or immediately following the event, contact with these organizations will be made again to ensure integration of response in accordance with the City's Emergency Procedures Manual. Funding: No additional funding needed; funds are available in City's operations budget 20. Annually update the list of nursing homes and smaller home care centers (Type 1 Group Homes) in the City and the priority list of critical facilities. Confirm that all nursing homes have an emergency plan. Action: This is required every year by the City's Fire Department and will continue in accordance with the current procedure. Funding: No additional funding needed; funds are available in City's operations budget 21. Conduct a climate change vulnerability assessment to understand how flooding, sea level rise, and other climate impacts affect community assets,infrastructure,and critical facilities now and in the future. Develop an adaptation/resilience plan to identify potential actions to address the vulnerabilities. Action: This responsibility will be led by the Sustainability Coordinator. CRS Max Consultants, Inc. .`-, : N ,. Page S of 11 Page 82 of 701 j March 2020 Flood Mitigation Plan Funding: No additional funding needed; funds are available in City's operations budget Research the possibility of FDEP and other grant funding. Included Component: The City received FY18/19 and FY 19/20 Resilience Planning Grants from the Florida DEP to develop a Coastal Resilience Partnership with neighboring municipalities. The partnership is developing a scope of work to conduct a multi- jurisdictional climate change vulnerability assessment in FY 19/20. 22. Designate Adaptation Action Area(s) within the Coastal Management Element of the Comprehensive Plan for the purpose of prioritizing adaptation measures and funding of infrastructure improvements. Adaptation Action Areas (AAAs) are low-lying coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. Designations may also include restoration areas (land where development is discouraged to maximize the benefits of natural systems) and growth areas (land outside of vulnerable areas where economic development is encouraged). Action: This responsibility will be a collaboration of the Sustainability Coordinator and the Development Department Funding: No additional funding needed; funds are available in City's operations budget Research the possibility of grant funding. Included Component: The Comprehensive Plan Coastal Management Element, updated in 2016, recommends establishing Adaptation Action Areas (AAAs) by 2020. The City is establishing a Coastal Resilience Partnership with neighboring municipalities to scope a climate change vulnerability assessment,which will include AAA designation. 23. Encourage designation, protection, and maintenance of wetlands, mangroves and environmentally sensitive lands. Action: The Army Corps of Engineers manages wetland ecosystems and requires permits for certain development activities. The Palm Beach County Department of Environmental Resources Management has no permit authority over jurisdictional wetland areas. All wetland areas claimed as jurisdictional by either the South Florida Water Management District(SFWMD)or the United States Army Corp of Engineers (USACE) are exempt from the County's vegetation removal process; only native upland vegetation located outside of wetland boundaries are subject to permit This recommendation is ongoing and is the responsibility of the City's Development Department. There are no plans to change the current approach. Funding: No additional funding needed; funds are available in City's operations budget 24. Consider areas for multiple uses that can be used for storage of floodwaters (retention/detention areas),such as ball fields,public rights of way,parks,and designated open space in locations that have flooding problems. Action: This will be a joint responsibility of the Utility and Development Departments. CRS Max Consultants, Inc. Se : N Ac P Page 6 of 11 Page 83 of 701 j March 2020 Flood Mitigation Plan Funding: No additional funding needed; funds are available in City's operations budget 2 S. The Development Department shall evaluate the building/site regulations of each zoning district and make recommendations for minimum open space requirements. Action: The Development Department will be responsible to implement this activity. Funding: No additional funding needed; funds are available in City's operations budget 26. Require new development during site plan approval to incorporate historical drainage patterns in the analysis of the required stormwater storage. Action: This is current City policy and the collaboration between the Utility and Development Departments to implement this will continue. Funding: No additional funding needed; funds are available in City's operations budget 27. Review City Code of Ordinances and Land Development Regulations (LDRs) and make recommendations to strengthen requirements for provision and maintenance of private stormwater management facilities,including structures controlling flow and prohibiting parking in swales. Action: The Development and Utility Departments have joint responsibility for making code revisions, and may collaborate with the Building Official and Code Compliance Division to ensure code enforcement. Funding: No additional funding needed; funds are available in City's operations budget Included Component: The Development Department and Sustainability Coordinator drafted a 2019 addition to the Land Development Regulations titled "Sustainable Development Standards," which requires new development and redevelopment projects to incorporate a certain number of site and building sustainable design options across five categories:Energy, Recycling&Waste Reduction, Water, Urban Nature, and Transportation. The Water section includes options for managing stormwater such as rain gardens,permeable parking surfaces, permeable sidewalk surfaces, and vault systems. 28. Prioritize the reduction of repetitive loss properties through various means of mitigation,update repetitive loss forms, and strive to remove properties from the Repetitive Loss List Implement Repetitive Loss Area Analysis. Action: This is an ongoing activity that will continue as a top priority of the City's Development Department Funding: No additional funding needed; funds are available in City's operations budget 29. Inform citizens concerning, and encourage them to consider the following forms of retrofitting for areas or buildings with major flooding issues: CRS Max Consultants, Inc. -, : N Ac P Page 7 of 11 Page 84 of 701 j March 2020 Flood Mitigation Plan • Install backflow valves on sewer systems • Elevation of structures by piers,posts and columns, and pilings • Create a secondary water barrier • Elevate the lowest floor above the 100-year flood level • Wet flood proofing(allowing water to enter uninhabited areas of the structure) • Dry flood proofing (sealing the structure to prevent flood waters from entering) • Levees and floodwalls (constructing a barrier around the structure to keep out flood waters) • Demolition (tearing down the structure and rebuilding with appropriate flood proofing techniques or relocating the structure) • Elevate the main breaker or fuse box Action:This is an ongoing activity through education and outreach and is the responsibility of the Development Department Funding: No additional funding needed; funds are available in City's operations budget. 30. Encourage individual property owners to pursue percolation-oriented drainage improvements using best management practices through outreach and education. Drainage that seeps into the soil, rather than being directed out to the ocean, provides multiple benefits. Not only does it mitigate flooding,but it also recharges the aquifer,enhances water quality,and reduces erosion. Action: The Development Department will include recommendations pertaining to percolation-oriented drainage in the form of outreach and education. This activity will be ongoing. Funding: No additional funding needed; funds are available in City's operations budget 31. Include notification of grants,loans,and service availability in City media publications,seminars, and websites that pertain to flood mitigation. Action: This is currently implemented and will continue. It is included in the City's Program for Public Information (PPI) and is a joint collaboration between the Development, Utilities Departments and the Public Communications and Marketing Office. Funding: No additional funding needed; funds are available in City's operations budget 32. Collaborate with the Southeast Florida Regional Climate Change Compact as they make recommendations for land development standards with respect to low-lying coastal areas. Action: The City adopted the Compact in 2012,participates in the Compact's annual Climate Leadership Summit and quarterly workshops, and is currently updating its Climate Action Plan to integrate recommendations in the Compact's Regional Climate Action Plan (RCAP) 2.0. Funding: No additional funding needed; funds are available in City's operations budget Research grant funds for implementation. CRS Max Consultants, Inc. .`-, : N ,. Page 8 of 11 Page 85 of 701 March 2020 Flood Mitigation Plan 33. Continue to enforce best management practices for reducing erosion during development activity. Action: The Development Department will be responsible to implement this activity. This is current City policy and should continue. Funding: No additional funding needed; funds are available in City's operations budget 34. Encourage homeowners to investigate possible funding opportunities to implement flood protection improvements: • Small Business Administration Loan Program • HUD information at https:ZZwww.hud.govZtopicsZhome improvements Action: This responsibility will be with the Development Department Funding: No additional funding needed; funds are available in City's operations budget 3 S. Provide knowledgeable staff to assist citizens,before,during and after a flood event to help them understand their repair, rebuilding and flooding mitigation options. Action: The Building Official and City Engineer will continue to coordinate this assistance based on staff availability and prioritized needs. This is a current City procedure and will continue. Funding: No additional funding needed; funds are available in City's operations budget 36. Continue to require new development to install stormwater management facilities. Action: This is current policy and will continue. This activity is ongoing as the responsibility of the Development,Public Works, Engineering and Utility Departments. Funding: No additional funding needed; funds are available in City's operations budget 37. The City shall continue to discourage hospitals, congregate living facilities for persons with special needs, and nursing homes from locating within Coastal High Hazard Area (CHHA) and shall encourage such existing facilities to relocate to safer locations within the City. Action: This responsibility will be with the Development Department Funding: No additional funding needed; funds are available in City's operations budget 38. Evaluate the City of Boynton Beach Flood Mitigation Plan,particularly the Action Plan,annually. Action: The Development and Utilities Departments will be responsible to prepare an evaluation of the Flood Mitigation Plan, including the Program for Public Information, for every annual meeting of the Flood Mitigation Plan Task Force. This responsibility will be ongoing. CFS Max Consultants, Inc. Se : N Ac P Page 9 of 11 Page 86 of 701 March 2020 Flood Mitigation Plan Funding: No additional funding needed; funds are available in City's operations budget 39. Update the City of Boynton Beach Flood Mitigation Plan as needed. Action: The Development and Utilities Departments will be responsible to ensure that the Flood Mitigation Plan is updated every five years or as needed. Funding: No additional funding needed; funds are available in City's operations budget 40. Implement the City's Program for Public Information (PPI), a copy of which can be found in the Appendix 0 of this Plan. Action: The Development and Utilities Departments shall be responsible to implement the City's Program for Public information and to report on its annual evaluation and revisions each year. Funding: No additional funding needed; funds are available in City's operations budget 41. Continue to work with the City Housing Program to provide information to homebuyers regarding flood hazards. Action: This responsibility will be with the Development Department Funding: No additional funding needed; funds are available in City's operations budget *********************************END OF ACTION PLAN************************************ Post-Disaster Mitigation Policies Because the City of Boynton Beach Comprehensive Emergency Management Plan (CEMP) already outlines specific action items regarding Post Disaster Mitigation, and updating the plan requires an independent process,conducted on similar but unsynchronized review and update schedules,and to avoid any discrepancies between the two plans,the Committee is referring to the CEMP for the most updated action items identified and prioritized by the City to improve Post-Disaster Mitigation efforts. The City's CEMP is referenced in Appendix P. For security reasons, only authorized entities can access the complete document which is maintained by City staff CEMP Executive Measuremet The Comprehensive Emergency Management Plan (CEMP) establishes the framework to ensure the City of Boynton Beach will be adequately prepared to respond to,and recover from,any of the hazard categories threatening the lives and property of residents and visitors in the City.The CEMP outlines CFS Max Consultants, Inc. Se : N Ac P Page 10 of 11 Page 87 of 701 March 2020 Flood Mitigation Plan the responsibilities and coordination mechanisms of City departments in a disaster, as well as coordination with Palm Beach County agencies, departments,and divisions. This CEMP defines the responsible organizations ("Who") and their responsibilities ("What") and points to supporting documentation to detail ("How")these responsibilities will be implemented. The CEMP also contains post-disaster mitigation policies and procedures and action items for mitigation of other hazards. The following documents are essential supporting documents to the CEMP: • Hazard Specific Coordinating Procedures • Functional Plans • Department Standard Operating Guidelines • Palin Beach County Local Mitigation Strategy • Contiguity of Operations Plans • City Policies • Palin Beach County Post-Disaster Redevelopment Plan • Flood Response Preparations Plan • Other plans and procedures The CEMP unifies the efforts of all agencies and organizations on the local,state,and federal levels of government by utilizing the National Incident Management System (NIMS). The use of NIMS is federally mandated for local, state, and federal government agencies, per Homeland Security Presidential Directive 5 (HSPD-5)and has been fully integrated into all response and recovery efforts. The City of Boynton Beach continues to utilize the Incident Command System (ICS) framework to ensure that all lead and support agencies are assigned appropriate roles and responsibilities. The CEMP parallels county and state activities outlined in the Palm Beach County CEMP, State of Florida CEMP, federal activities set forth in the "National Response Framework," addresses the standards established in the Emergency Management Accreditation Program (EMAP), and the requirements detailed in the Homeland Security Exercise and Evaluation Program (HSEEP). The CEMP is in compliance with the latest criteria issued for CEMP revisions by the State of Florida Division of Emergency Management(FDEM) and as required by Florida Statute Chapter 252 and FAC Rule 9G-6. CRS Max Consultants, Inc. Se : N Ac P Page 11 of 11 Page 88 of 701 F77,"- __j --� _-�HypoluxoiRd t �_ �' ,w Ff" 7 Tl r s -10 ( _ s _i f � r! 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CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020- "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM IXOM Utilities using existing Piggybacking Palm September 18, $53,000 WATERCARE, Palm Beach County Beach County, FL 2020 thru I NC. contract with I XOM Sole Source September 17, Watercare, Inc. for Solicitation 2021 MI EX System SS555443A Support services. SELECTRON Interactive Voice RFP No. 040-2411- November 1, $24,150 TECHNOLOGIES, Response System" 15/J MA 2020 through Annual INC. for the Building October 31, Estimate Division to Selectron 2021 Technologies for hosted services for an interactive voice response system with Web interface. ULTIMATE Snack bar 056-2710-16/J MA November 1, N/A BAKERY AND concessionaire at 2020 thru PASTRY Oceanfront Park. October 31, 2021 ULTIMATE Restaurant 061-2910-15/J MA November 3, N/A BAKERY AND concessionaire at the 2020 thru PASTRY links November 2, 2021 How will this affect city programs or services? How will this affect city programs or services? Page 91 of 701 This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum REQUEST OR ID EXTENSIONS 10- -2020 D Addendum Selectron Renewal Agreement 2020-2021 D Addendum Ultimate Bakery -Links Renewal - -18-2020 D Addendum Ultimate Bakery Renewal OceanFront- 9-18- 2020 D Addendum PBC for IVII EX System Support thru 9-2021 Page 92 of 701 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OCTOBER 6, 2020 REQUESTING DEPARTMENT.- UTILITIES DEPARTMENT CONTACT:Juan Guevarez TERM: September 18, 2020 through September 17, 2021 SOURCE FOR PURCHASE:Piggyback Palm Beach County Term Contract SS555443C ACCOUNT NUMBER:401-2811-536-49-17 VENDOR(S):IXOM Watercare, Inc. ANNUAL ESTIMATED EXPENDITURE:$53,000 DESCRIPTION: On September 17, 2019, Commission approved utilizing the PBC Sole Source Solicitation with IXOM Watercare with the same terms, conditions and pricing for MIEX System Support for the Utilities Department. This is the third renewal year for this sole source term contract. REQUESTING DEPARTMENT.-RECREATION DEPARTMENT CONTACT:Kacy Young TERM: November 1, 2020 through October 31, 2021 SOURCE FOR PURCHASE: RFP No. 056-2710-161JMA ACCOUNT NUMBER:N/A VENDOR(S): ULTIMATE BAKERYAND PASTRY ANNUAL ESTIMATED EXPENDITURE:N/A DESCRIPTION: On November 1, 2016, City Commission approved a two-year contract with Ultimate Bakery and Pastry as a concessionaire to provide snack bar services to the Oceanfront Park. The contract allowed for three one year renewals with the same terms, conditions and pricing. The vendor has agreed to renew the contract for the term ending October 31, 2021. REQUESTING DEPARTMENT.- GOLF DEPARTMENT CONTACT:Sam Reep TERM: November 3, 2020 through November 2, 2021 SOURCE FOR PURCHASE:RFP No. 061-2910-151JMA ACCOUNT NUMBER:N/A VENDOR(S): ULTIMATE BAKERYAND PASTRY ANNUAL ESTIMATED EXPENDITURE:N/A DESCRIPTION: On November 3, 2015, City Commission approved a two-year contract with Ultimate Bakery and Pastry as a concessionaire to provide restaurant services for the Links Golf Course. The contract allowed for three one year renewals with the same terms, conditions and pricing. The vendor has agreed to renew the contract for the term ending November 2, 2021. REQUESTING DEPARTMENT.-DEVELOPMENT/BUILDING DEPARTMENT CONTACT:Patsy Grissom TERM: November 1, 2020 through October 31, 2021 SOURCE FOR PURCHASE: RFP No. 061-2910-151JMA ACCOUNT NUMBER: 001-2411-524-4691 VENDOR(S): SELECTRON TECHNOLOGIES, INC. ANNUAL ESTIMATED EXPENDITURE:$24,150 DESCRIPTION: On May 9, 2015, City Commissioners approved the award of RFP No. 040-2411-15/JMA for an "Interactive Voice Response System"for the Building Division to Selectron Technologies for hosted services for an interactive voice response system with Web interface for a five year term. The Building Division wishes to extend the agreement with Selectron Technologies (R 15-054) for an additional one year term. Selectron has agreed to the extension. The City of Boynton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 September 24, 2020 Selectron Technologies 12323 SW 66TH Avenue Portland, OR 97223 ATTN: Mr. Todd Johnston, President/CEO VIAE-MAIL TO: T rld.Jehnston@ etectroa!q��r RFP: IVR SYSTEM FOR THE BUILDING DEPARTMENT RFP No: 0402411-15/JMA CURRENT TERM: November 1, 2015 through October 31, 2020 Dear Mr. Johnston: The current term for the Vendor Services Agreement to Host, Manage and Maintain an Interactive Voice Response System for the Building Department will expire October 31, 2020. The City of Boynton Beach would like to renew the Agreement with Selectron for an additional one year term with the same terms and conditions. Pricing for this sixth year per Renewal 4152: 11/01/2020- 10/31/2021 Annual Hosting Fee- Inbound Services 12,150.00 11/01/2020- 10/31/2021 Annual Call Fee- Includes 40,000 Calls 12,000.00 Please indicate your response on the following page and return it to Julie Alibrandi, Sr. Buyer, via email. , at alibrandii@bbfl.us at your earliest convenience. Thank you and if you have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6308. Sincerely .. �,; Randy Wood, CPPB Purchasing Manager C: Mara Frederiksen, Director of Financial Services Patsy Grissom, Development Services Manager File jma America's Gateway to the Gulf Stream Page 95 of 701 The City of P2ynton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 ° Telephone No: (561)742-6310 FAX: (561)742-6316 September 23, 2020 RFP: IVR SYSTEM FOR THE BUILDING DEPARTMENT RFP No: 040-2411-15/JMA Agreement between the City offBoynton Beach and BELE �T TECHNOLOGIES, IN . �@ AGREEMENT L TERM: V 1, 2020 THROUGH OCTOBER 31, 2021 � 7 Yes, I agree to renew the existing agreement under the same terms and conditions, at a cost of $24,150 for an additional one-year term. No, I do not wish to renew the agreement for the following reason(s) SELECTRON TECHNOLOGIES, INC. NAME OF COMPANY SI NATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER ("i ! j i i � ,,.y`��,`} t�,.�� r.. r Y � `..� ( ".,...�!> c EMAIL t 1 4 "b America's Gateway to the Gulf Stream Page 96 of 701 The City of e nton Beach orida PI&NOA FAXP4063b,7,06316 September 17, 2020 RFP: RESTAURANT CONCESSIONAIRE AT THE LINKS GOLF COURSE RFP No.: 061-2910-1SIJMA (RIS-126) Agreement between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc.: RFP RENEWAL TERM: NOVEMBER 3, 2020 TO NOVEMBER Z 2021 r Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. 71+6- 1 l4- y ou. i, No, I do not wish to renew the contract for the following reason(s) ULTIMATE BAKERY AND PASTRY, INC. NAME OF COMPANY SIGNA RE ?EFE-K To IzaCS "V— NAME V— NAME OF REPRESENTATIVE TITLE (please print) -�G� DATE (AREA CODE)TELEPHONE NUMBER Co w,E- AIL America's Gateway to the Gulf Stream Page 97 of 701 The City of o nton Beach '' rlda idbnr�� 9 FURP60014M336 September 17, 2020 RPP: SNACK BAR CONCESSIONAIRE SERVICES FOR OCEANFRONT PARK RFP No.: 056-2710-161JMA- R16-133 Agreement between the City of Boynton Beach and ULTIMATE BAKERY AND PASTRY, INC.: PROPOSAL RENEWAL TERM: NOVEMBER 1, 2020 TO OCTOBER 31, 2021 Yes, I agree to renew the existing bid under the same terms, conditions, and pricing for an additional one-year term. -Pt A h11Z No, I do not wish to renew the bid for the following reasons) _. ULTIMATE BAKERY AND PASTRY, INC. NAME OF COMPANY 51GNA URE T e-1 1�9 To?,0 C-a v t� NAME OF REPRESENTATIVE TITLE (please print) 4 C DATE (AREA CODE)TELEPHONE NUMBER -w+-0ot.occ. �i . ttL -MAI L America's Gateway to the Gulf Stream Page 98 of 701 a Purchashtll Department Fowl L 50 South Military Trail.Suite I I August 24, 2020 %Vest Palm Beach.PL'33.115.3199 (561)616-6800 IXom Watercare Inc. Ellen rower, Purchasing Manager Yax:(5611 z�z-Lr=a 1 8150 S.Akron Street,Suite 401 ww%v.pbcgov.cotn1purchasin9 Centennial,CO 80112.3507 TERM CONTRACT#SS565443C Dear Vendor: This Is to Inform you that Palm Beach County Board of County Commissioners ("County") is entering Into a Term Contract with your company for IXOM Palm aeuch County W TE CA E, INC., MIEX SYSTEM SUPPORT based on: Dowd of County cus"adsoloaners IX] RENEWAL OF CONTRACT based on SOLICITATION #SS5564431KM in accordance with all original to s,conditions,specifications and prices with Dine Kerncr.11211or no deviation. hnbert S.weinroth.Vice Nlavnr The term of this contract is 09/18/2020 through 09/17/2021 and has an estimated dollar IN R.Vaterhe value of$90.000. Grego,,IC.Ivelz If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire !lacy Lou ILr."e r term of the contract,Including any renewals or extensions thereof. tlCliss.t iticlSlttla3County User Departments will issue Individual"Delivery Orders"against this contract as your authorization to deliver. The original invoice must be sent to the address on Mack Eernard the Delivery Order ("DO") and must reference the DO number (e. ., DO 680 030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN Number on the Vendor's bid/quote/response must be exactly the ourav Administrator same as It appears on the invoice and In the County's VSS system that can be accessed at ht":#p cuss .cop lm-beach.fl.us/weba /vss lAltSelfSenrice. Failure to u° °°t' '' comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at mbrown _lpbcoov orq or (561)616-6815. sincerely, a Kristen Monnett Purchasing Manager c: Vernetha Green,Water Utilities Department new Fyuad®ppurrHtntt}• File :�lJirnoutiHr..tntnn F.mgoFo}•u•" printed on sustainpW and rocWed papor Page 99 of 701 O Eulaa�ira�1B� aarierr� 5o South Military Trail,suite 110 Form L west Palm leach,Fl.35415-3199 January 24,2020 ( t1)616-6600 American Water Chemicals,Inc. 17AX:(561)212-6711: j dba Alkema Solutions «uno=.phclay.camlpurchacing Veronica Varo,Customer Support 1802 Corporate Center Lane Plant City,FL 33563 TERM CONTRACT # 760772B Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners 1a1 cb County ("County") Is entering into a Term Contract with your company for CORROSION Board of rAnmmy INHIBITOR 1 DISPERSANT LIQUID FORM PURCHASE AND DELIVERY OF based on: (�rrtrrtisesi®�esr� Dave Kerner, ,la,or Pq RENEWAL OF CONTRACT based on SOLICITATION 9750777JMB In accordance with all original terns,conditions,specifications and prices with lu,l).^rt S.1S' inrneir,Circ tiaor no deviation. Hal R.ValrAw The term of this contract Is /02 0 2020 through 02/06!2021 and has an estimated dollar t;res14 It.W"A's value of$13 00. Mars=Lou P 11 . If applicable,Vendor shall maintain all insurance coverage(s)throughout the entire term of the contract,Including any renewals or extensions thereof. P.lelissa .lcitinL•: M.,,o %lit rnard County User Departments will Issue individual"Delivery Orders"against this contract as your authorization to deliver. The original Invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for c"tenty A tray the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendors TIN/FEIN Number on the Vendors bidlquotelreeponse must be exactly the same as it appears on the Invoice and in the County's VSS system that can be accessed athi sipbcvss .valm-beach.fl.uslwebao /vssp/ARSelfServiee. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at mbrownfobenov.orn or (561)616-6815. Sivlerely, Mary .grown Senior Buyer , .�<�E=a.,, �a <z c: Vemetha Green,Water Utilities Department 7ort ;;4 ,F,.. File printed on rust APble and rccycled"jer Page 100 of 701 6.D. CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the utilization of the State of Florida Agreement No. 44000000-NASPO-19-ACS for Copiers and Managed Print Services for use by State agencies and other entities located in the State of Florida. Explanation of Request: CONTRACT TERM: February 25, 2020 through December 31, 2021 The City of Boynton Beach has entered into lease agreements for individual copiers with Konica Minolta by using the State Contract 600-000-11-1. That State Contract has expired and the State is now using an alternative contract source (NASPO) and offers that contract to lease and purchase single function printers; large/wide format equipment; scanners and managed print services to government agencies in Florida at pricing below what is offered nationally through NAS PO. How will this affect city programs or services? In the past, City Departments have realized significant cost savings utilizing the leases with Konica Minolta under the State Contract. The Konia Minolta lease agreements include: All supplies including unlimited black and color toner cartridges for color printing; All maintenance and service; Full color scanning. The Minolta copiers have allowed Departments to eliminate fax machines and costly color printers which results in savings for office supplies Fiscal Impact: Budgeted Funds for the lease of Konica Minolta copiers are budgeted for each Department. Alternatives: Re-solicit quotes as existing lease agreements expire. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: Page 101 of 701 ATTACHMENTS: Type Description D Addendum NASPO-State Agreement with Konica Minolta Page 102 of 701 NASPO ValuePoint PARTICIPATING ADDENDUM STATE OF FLORIDA COPIERS AND MANAGED PRINT SERVICES Led by the State of Colorado Master Agreement #: 140597 Contractor: Konica Minolta Business Solutions U.S.A., Inc. Participating State: State of Florida, Agreement No. 44000000-NASPO-19-ACS 1. Scope: This Addendum covers the NASPO ValuePoint Master Agreement for Copiers and Managed Print Services led by the State of Colorado, for use by state agencies and other entities located in the State of Florida and authorized by that state's statutes to utilize state contracts with the prior approval of the state's Chief Procurement Officer. 2. Order of Precedence: a) This Participating Addendum and all Amendments; b) State of Florida Exhibit A Additional Special Contract Conditions; c) State of Florida Exhibit B Special Contract Conditions; d) NASPO ValuePoint Master Agreement Terms & Conditions, including all Exhibits; e) An Order issued against the Master Agreement; f) The Solicitation, RFP-NP-18-001, Copiers and Managed Print Services; g) The Contractor's response to the Solicitation, as revised(if permitted) and accepted by the Lead State; and h) The Contractor's Supplemental Documents, including all Attachments. 3. Term of the Participating Addendum: a) Initial Term: The initial term of this Participating Addendum will become effective on the last date the document is signed by all Parties, whichever is later, and shall be effective through December 31, 2021, unless terminated earlier, in accordance with the Special Contract Conditions. b) Renewal: Upon agreement of the Parties, the Department and the Contractor may renew this Participating Addendum in accordance with section 287.057(13), Florida Statutes, and Rule 60A-1.048, Florida Administrative Code. Renewals must be in writing and are subject to the same term, conditions, and modifications set forth in this Participating Addendum. The Contractor and Purchasing Entities may negotiate renewal term pricing, which shall not exceed the pricing provided during the initial term as set forth in the Master Agreement. 4. Product Offerings: The Contractor is authorized to provide the Products listed below: • Group A—MFD, A3 • Group B—MFD, A4 • Group C — Production Equipment Page 1 of 4 Page 103 of 701 NASPO ValuePoint PARTICIPATING ADDENDUM STATE OF FLORIDA COPIERS AND MANAGED PRINT SERVICES Led by the State of Colorado • Group D — Single-function Printers • Group E — Large/Wide Format Equipment • Group F — Scanners • Managed Print Services (MPS) • Software 5. Service Offerings: The Contractor is authorized to provide Services listed below: • Managed Print Services —Attachment F (Konica Sample MPS Statement of Work), of the Master Agreement, provides a framework for any ensuing MPS engagement. Prior to any commencement, all MPS engagements must be agreed to and signed by both Customer and Contractor. • Maintenance Agreements: • Automatic renewals are not permitted. • Contractor shall have the ability to blend the Service and Supply costs over a large Equipment fleet. • Manual Meter Reads - As part of its Services, Contractor may, at its discretion and dependent upon device capabilities, provide electronic remote meter reading and equipment monitoring. This may allow for automated meter reading and submission, automatic placement of low toner alerts, automatic placement of service calls in the event of a critical Product failure and may enable firmware upgrades. • Customer-Owned Equipment - Customers may elect to enter into a Maintenance Agreement for Equipment they already own, or Equipment they acquire through an up-front purchase. The Maintenance Agreement may be priced on a flat rate fee, which shall include parts, labor, Preventative Maintenance (if applicable) and Service calls. Supplies may or may not be included. The Maintenance Agreement shall not be subject to automatic renewals. • Lease Equipment - Contractor shall be required to provide a Maintenance Agreement on all Equipment that is leased by a Customer. The Maintenance Agreement shall be priced based on a cost per click rate, or a monthly base charge. Participating State or Entity must check one of the boxes below. These modifications or additions apply only to actions and relationships within the State of Florida. A Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to its contractual relationship with the Contractor under the Terms and Conditions of the State of Colorado NASPO ValuePoint Master Agreement. [ ] No changes to the terms and conditions of the Master Agreement are required. Page 2 of 4 Page 104 of 701 NASPO ValuePoint PARTICIPATING ADDENDUM STATE OF FLORIDA COPIERS AND MANAGED PRINT SERVICES Led by the State of Colorado [ X ] The following changes are modifying or supplementing the Master Agreement terms and conditions: Exhibit A —Additional Special Contract Conditions Exhibit B — Special Contract Conditions 6. Master Price Agreement Number: All purchase orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master Agreement number: 140597 7. Primary Contacts: The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor Name Kristen McKenna Address 100 Williams Drive, Ramsey, NJ 07446 Telephone 703.563.5131 E-mail kmckenna kmbs.konicaminolta.us Participating Entity Name Christia Nunnery Address 4050 Esplanade Way, Tallahassee, FL 32399-0950 Telephone 850.488.8367 E-mail Christia.NunneLygdML.inyflorida.com IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating State: Contractor: Florida Konica Minolta Business Solutions U.S.A., Inc. By: By: Name: Name: Title: Title: Date: Date: Page 3 of 4 Page 105 of 701 NASPO NASP O ValuePoint PARTICPATNG ADDENDUM L STATE OF FLORIDA Va I u e P, i II COPIERS AND MANAGED PRINT SERVICES Led by the State of Colorado [ --2L] The following changes are modifying or supplementing the Master Agreement terms and conditions: Exhibit A—Additional Special Contract Conditions Exhibit B—Special Contract Conditions 6. Master PriceAgee en t Number:All purchase orders issued by Purchasing Entities within the jurisdiction of this Participating Addendum shall include the NASPO ValuePoint Master Agreement number: 140597 2. The primary contact individuals for this Participating Addendum are as follows (or their named successors): Contractor -�—atn—e '--LK�isten McKenna Address 16-0 Williams Drive,Ramsev.NJ 07446 hone 703.563.5131 i ail knickcnn&s.;kmbs.konicaminolta.us Participat_ingEntiL,� Name Christia Nunnery Address , ;fallaha.s.—se'e32399-0950 , ff 4050 IeLe�ihoiie_ i 850.488.8367 Christia.Nunnei-,, cvdms.m,,,florida.com IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Contractor: ........... Participating State: Florida Konica Minolta Business Solutions U.S.A., Inc. By: By: . ........... Name: Kristen McKenna Title: YSP` State Contract Manager Date: Date: 5/o�t D ox d Page 3 of 4 Page 106 of 701 NASPO ValuePoint PARTICIPATING ADDENDUM STATE OF FLORIDA COPIERS AND MANAGED PRINT SERVICES Led by the State of Colorado For questions on executing a Participating Addendum,please contact: NASPO ValuePoint Cooperative Development Coordinator: Ted Fosket Telephone: (907) 723-3360 Email: tfosket(c),nasovalue oint.or [Please email fully executed PDF copy of this document to Aknaspovaluepoint.or , to support documentation of participation, and to post in appropriate data bases] Page 4 of 4 Page 107 of 701 Department of MANAGEMENTRmn SERVICES A We serve those who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS Exhibit A The following changes are modifying or supplementing the Master Agreement terms and conditions. (These modifications or additions apply only to actions and relationships within the Participating Addendum.) Upon execution of the Participating Addendum, Customers may purchase products and services under contract using the State of Florida Alternate Contract Source Number 44000000- NASPO-19-ACS. Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this document. A. Contractor acknowledges that Participating State is an agency of the State of Florida and mandated by the State of Florida that every contract must include the list of terms and conditions stated in the Additional Special Contract Conditions and Special Contract Conditions. a. Vendor Registration: In order to complete any transaction between an Individual Customer and the Contractor, the Contractor must be registered in MyFloridaMarketPlace. b. Purchases: In order to procure products and services hereunder, Customers shall issue purchase orders or use a purchasing card which shall reference Florida Alternate Contract Source Number 44000000-NASPO-19-ACS. Customers are responsible for reviewing the terms and conditions of this PA including all Exhibits. c. Additional Customer Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before a Customer can make a purchase under this PA, the Customer is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. d. The State of Florida's performance and obligation to pay under this PA is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. B. Product Offerings: The Contractor is authorized to provide Products as referenced in Section 4 of the State of Florida Participating Addenda. Any Product Offerings not listed are not approved. C. Service Offerings: The Contractor is authorized to provide Services as referenced in Section 5 of the State of Florida Participating Addenda. Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services Page 1108 of 701 D. Employment Eligibility Verification: The language of Subsection 13.2 of the Special Contract Conditions regarding E-Verify shall apply to resellers as well as other subcontractors. E. Price List/Preferred Price: The Contractor's price list will be the same as the NASPO ValuePoint price list, and the Department will post a link on the Department's website to the price list posted on the NASPO ValuePoint website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Customers wherever possible. F. Orders: Any Order placed by a Customer for a Product and/or Service available from this Participating Addendum shall be deemed to be a sale under and governed by the terms and conditions of the Participating Addendum. To the extent the Customer and the Contractor agree on additional terms, the terms will be documented on the Customer Order, and signed by both parties. G. Contractor must be able to accept purchase orders via fax, e-mail, or the MyFloridaMarketPlace (MFMP). H. Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper- based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: a. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. b. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. I. Product Installation & Invoicing: Unless otherwise agreed to by both parties, signing the delivery and acceptance ("D&A") certificate constitutes Acceptance of the Product(s) and allows Contractor to invoice for the Product(s). Failure to sign the D&A or reject the Product(s) within the foregoing five (5) day period shall be deemed as Acceptance by the Customer. Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 2 Page 109 of 701 Contractor will provide timely billing and Customer will notify Contractor, in writing, of any billing concern. In order for Contractor to generate accurate service invoices, Purchasing Entities shall provide meter reads within the Contractor(s) requested timeframe. Invoices that are generated without receiving the proper meter read information from the Customer will not be considered inaccurate. The Customer shall provide written notice of any alleged invoicing issue(s) and the Contractor will be allowed a thirty (30) day cure period to address any such issue. Failure on the Contractor(s) part to maintain accurate invoicing shall result in a $25.00 per instance credit on the following month's invoice. J. Not Specifically Priced ("NSP") Open Market Items: Not Specifically Priced (NSP) items compliment or enhance the Products and/or Services offered under the resulting Master Agreement(s). NSP items will not include: Interactive White boards; Computers, monitors, or other related items; Fax machines; Overhead Projectors; and Cameras. NSP items may only be acquired through the Contractor(s) or their Authorized Dealer(s) and must be reported quarterly with all other sales under the resulting Master Agreement(s). NSP items must be priced at a minimum discount of 15% from MSRP or List Price. NSP items shall not be offered to a Customer as a stand-alone option, and the maximum allowable amount of all NSP items in a single Order shall be determined by the Participating State or Entity. K. Software: Customers that acquire software shall be subject to the license agreements distributed with such software. Software subscriptions shall not be subject to automatic renewals. Customers shall have the option to finance software subscriptions by utilizing Contractor lease and rental rates. Notwithstanding the foregoing, in the event of a conflict in language between an end user license agreement (EULA) and the Master Agreement, the language in the Master Agreement will supersede and control. In addition, any language in a EULA which violates a participating state's constitution or a statute of that state; or violates the laws of a local entity making a purchase, will be deemed void, and of no force or effect, as applied to the participating or Customer. L. Contract Reporting: The Contractor shall report information on orders received from Customers associated with this PA. The Contractor shall submit reports in accordance with the following schedule: Report Period CoveredDue Dates MFMP Transaction Report Calendar month 15th calendar day of the month following the receipt of payment for the vendor's good or services. Contract Quarterly Sales State's Fiscal 15 calendar days after close of the period Report Quarter No favorable action will be considered for any contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees/ monies that is required under this Contract. Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 3 Page 110 of 701 a. Contract Quarterly Sales Report: The Contractor agrees to submit a Quarterly Sales Report to the Department's Contract Manager within 15 calendar days after the close of each State Fiscal quarter. Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July-September) —due 15 calendar days after close of the period Quarter 2 - (October-December) —due 15 calendar days after close of the period Quarter 3 - (January-March) — due 15 calendar days after close of the period Quarter 4 - (April-June) —due 15 calendar days after close of the period Quarterly Reporting periods should coincide with the PA term and begin the quarter following PA execution. Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report will include all sales (orders) from Customers received (associated with this PA) during the period. Initiation and submission of the Quarterly Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, this PA may be terminated for convenience or the Department may choose to not renew the PA. In addition, the Department may require additional sales information such as copies of purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc requests within the specified amount of time as requested by the Department. b. MFMP Transaction Fee Report: The Contractor is required to submit monthly Transaction Fee Reports in the Department's electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendor on the MFMP website: MFMP Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting System from the MFMP Customer Service Desk by email at feeprocessingo_myfloridamarketplace.com or telephone 866-FLA-EPRO (866- 352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. M. Ad hoc Reports: The Department reserves the right to require additional reports or information pertaining to this PA and any resulting purchase orders or contracts with customers. The Contractor must submit a report or information within five (5) business days after receipt of a Department request, unless otherwise approved by the Department. N. Financial Consequences: The following financial consequences will apply for nonperformance of the contract by a Contractor. The State reserves the right to withhold payment or implement other appropriate remedies, such as contract termination or nonrenewal, when the Contractor has failed to perform/comply with provisions of the PA. These consequences for non-performance are not to be considered penalties. Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 4 Page 111 of 701 The financial consequences will be paid via check or money order and made out to the Department of Management Services in US Dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every quarter thereafter. Performance Financial Target Consequence Performance Metrics Description Frequency for Non- Performance Per Day Late Quarterly Sales Report Quarterly Sales Report are due 100% Quarterly $250 Submission on or before the 15th calendar day after close of a quarter. Monthly Transaction Fee Transaction Fee Report are due 100% Monthly $100 Report on or before the 15th calendar day after close of the period. O. Financial Consequences for Non-Performance: If the Department determines that the Contractor has failed in any quarter to meet requirements of the Service Level Agreement for two or more standards, the Department may assess the Contractor a fee in accordance with the Service Level Agreement table incorporated herein. These consequences of non-performance shall not be considered penalties. P. Business Review Meetings: The Department reserves the right to schedule business review meetings as frequently as necessary. The Participating State will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor shall address the agenda items and any of the Participating State's additional concerns at the meeting. At minimum, the parties shall meet to discuss: a. Program compliance b. Program trending review c. Savings report: Hard dollar and soft dollar d. Spend report e. Subcontractor and contingent staff performance f. Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being found in default and PA termination. Q. Certification of Drug-Free Workplace: In executing this PA, Contractor certifies that it has implemented a drug-free workforce program. R. Resellers/Partners: The Contractor may use resellers/partners in order to provide equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 5 Page 112 of 701 business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), including those of any such subcontractors and shall ensure that all such subcontractors meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https:Hvendor.myfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business operations/State purchasing/vendor inf ormation/convicted suspended discriminatory complaints vendor lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https:Hfivendor.myfloridacfo.com) S. Lease Early Termination Charges: Except in the case of Non-appropriation of funds Straight Leases shall be subject to an early termination charge and shall involve the return of the Equipment (in good working condition; ordinary wear and tear excepted) by the Purchasing Entity to the Contractor. With respect to the Equipment, the termination charge shall not exceed the balance of remaining Equipment Payments (including any current and past due amounts), and with respect to Service or maintenance obligations, the termination charge shall not exceed four (4) months of the Service and Supply base charge or twenty-five percent (25%) of the remaining Maintenance Agreement term, whichever is less. T. The following sections replace and supersede the corresponding sections of the Special Contract Conditions, Exhibit B: 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and reasonable attorney's fees, arising from or relating to any third party claims that the equipment and/or products leased or purchased under this agreement ( "Products") Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 6 Page 113 of 701 violate or infringe a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. Notwithstanding the foregoing, Contractor shall have no liability for any claims which are attributable to: (a) any modification or alteration of the Products made by any party other than Contractor; or (b) any combination of the Products with or any use of the Products with other products, parts, accessories or consumables manufactured by any party other than Contractor; or (c) specifications, designs, standards or instructions provided to Contractor by Customer; or (d) any other cause or reason not attributable to Contractor The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting As a condition of this indemnification, the Customer may will provide the Contractor (1) prompt written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. Notwithstanding any other provision of the Contract, Contractor's total liability to the State arising out of this Contract or the products or services provided thereunder, regardless of the legal theory upon which such liability may be based, shall not exceed the greater of$250,000 or in the aggregate one and one- half (1.5) times the total payments made by the State to Contractor for the products or services in question in the twelve (12) months immediately preceding the first occurrence of the event giving rise to such liability. 9 Data Security. The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department without undue delay. "Security breach" for purposes of this section will refer Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 7 Page 114 of 701 to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Department acknowledges the Contractor's need to maintain Contractor's ISO 27001 certification or comparable security certifications and clearances. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the Department Customer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in Section N of the Additional Special Contract conditions will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Department acknowledges the Contractor's need to maintain Contractor's ISO 27001 certification or comparable certifications or clearances. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. Contract No. 44000000-NASPO-19-ACS Copiers& Managed Print Services 8 Page 115 of 701 SPECIAL CONTRACT CONDITIONS Exhibit B Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 SECTION 4. CONTRACT MANAGEMENT..................................................................................................4 SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS,TRADE SECRETS, DOCUMENT MANAGEMENT,AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10.GRATUITIES, LOBBYING,AND COMMUNICATIONS..........................................................13 SECTION 11.CONTRACT MONITORING. ...............................................................................................14 SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14.WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 116 of 701 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 117 of 701 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 118 of 701 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 4 Page 119 of 701 Department's Name Department's Physical Address Department's Telephone# Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone# Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; SP approved version 7-1-2019 5 Page 120 of 701 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.or 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterpL[§�es.or . SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 6 Page 121 of 701 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The SP approved version 7-1-2019 7 Page 122 of 701 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 8 Page 123 of 701 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 9 Page 124 of 701 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 Page 125 of 701 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(x), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 Page 126 of 701 responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 Page 127 of 701 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 Page 128 of 701 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 Page 129 of 701 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 Page 130 of 701 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 Page 131 of 701 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 Page 132 of 701 6.E. CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the Country Trail PUD record plat, subject to final signatures by the City Engineer. Explanation of Request: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Country Trail PUD." The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City's platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer. How will this affect city programs or services? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit(LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. Fiscal Impact: N/A Alternatives: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 133 of 701 ATTACHMENTS: Type Description D Attachment Attachment 1 ® Country Trail PUD Plat Page 134 of 701 L W W o o z m 4 a n o m W o 4 Q P: w 3 f w L Og - �r, VN �\\\ U a o f> o � l W M - Z o ° � -- z � W U W O W o o L CO 0p ui LO110ILa F- W ZUp a n \�OOW � o a c1 ati U V- LL P �ZdMO o m o S \ �~ W Z ~ ¢ w � > `W Z ®_ Z CO w �00 � 0 o NL OJ W m a 2, w ai m Z Ni Q W N U- O - z w E e U w 4 Z u. 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V/ Q N n m r �a L - � ow J - -3---------------------------- O Igo COUNTRY LAKE CIRCLE TRACT TR - o a w' 0 6 soo UNE 5E1110N 3,-5-43 __ e]'20'07'W 2060.41 ----- -Oil a =z= sw eLsso _ U) aGE LU Vol � CO�Nnee n 0 a aaa Eaa g��,.� aGo=om Q uuuuuuauuu uoouuu uuuu uuuo wa�ao -_ w - - o o Q d' W LU N _ W �� m a�oo E�zooaaa�aa�� ~ mz�aa= d r CO w W O - Q 9 Q a J x'00 Z_ 6.F. CONSENTAGENDA 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve minutes from the City Commission meetings on September 8 and September 15, 2020. Explanation of Request: The City Commission met on September 8 and September 15, 2020 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non-budgeted N/A Alternatives: Do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Minutes Minutes 0 -08-2020 D Minutes Minutes 09-15-2020 Page 137 of 701 Minutes of the Boynton Beach City Commission First Budget Hearing Held Online Held Online Via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, September 8, 2020, at 5:30 P.M. Present: 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. Agenda Items A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:33 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Mayor Grant led the members in the Pledge of Allegiance. Roll Call City Clerk Gibson called the roll. A quorum was present. John McNally, ITS Director, explained how the meeting would proceed and how the members of the public could participate. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant received emails regarding the 5G wireless item that is up and coming. He hoped they could do a brief announcement about it after the Fire Assessment. 2. Adoption Page 138 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 Motion Vice Mayor Penserga moved to allow for the 5G discussion. Commissioner Romelus seconded the motion. The motion unanimously passed. B. Conduct First Public Budget Hearing for FY 2020/2021 Proposed Millage and Tentative Mara Frederiksen, Director of Financial Services, and Anthony Davidson, Budget Manager, were present. Ms. Frederiksen explained the budget approval schedule starts tonight, as the First Public Budget hearing to adopt a tentative budget and a Fire Assessment rate Resolution. The second public hearing will be on September 22, to adopt the final budget and millage rate. The purpose of the hearing is to review and discuss the tentative 20/21 operating and capital budget, provide for public comments, adopt a proposed millage rate and tentative budget and to announce the preliminary rate resolutions for the Fire Assessment. Ms. Frederiksen noted revisions made since the July workshop was a $7,662 increase to the General Fund. The General Government CIP increased by $28,697 and the Golf fund increased by $87,776. There were significant changes since the July workshop. Ad valorem taxes got a slight increase of $120K, the City projected an increase from FPL for 150K , their municipal revenue sharing for state shared revenue had a decrease of $294,880, sales tax was down $861,383, there was an increase in as contained in property registrations by about $12, 91 and city facility rental $25K. The most significant change is the City proposing a use of fund balance of $931,263. The overall general fund budget was $99,218,382. The general government fund CIP had an increase of $28,697. The Commission approved Police CAD software for $2,846,527, and Golf funds reorganization for greenskeepers increased to $1,894,180. The overall funding sources were $226.3M, water and sewer accounts for 23.1% of the budget, property taxes are 18.2%, and capital sources are 13.3% Overall expenditure summary from last year's general fund to this year's proposed budget had an increase of $2.7 M in the general fund. A decrease of the Golf Course of $305K in the golf course fund, increase from water sewer of $1.2M and an increase of solid waste of $234K. The internal service fund balance increased from $16,228,000 to $16,455,000. Expenditures from the special revenue funds included: traffic safety, local option gas tax, public art, recreation, community improvements and the cemetery, decreased from $4.7M to $4.3M for last year. Capital improvement projects included Parks and Recreation, General Government CIP and General Government Surtax and Utilities Funds, went from a budget last year $60M to $30M, debt service for this fund went from $10,200,000 to 10,277,000. Overall the 2 Page 139 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 proposed budget went from $252M last year to $226M this year The difference in the proposed millage rate versus the rolled back rate was reviewed. The current millage rate is 7.9 mills. The State roll back is 7.4911 mills, a 5.46% increase. The budget deficit, if the Board opts to go back to the roll back rate would $2,115,049. Ms. Frederiksen explained the average home would see a 2.3% change even while maintaining the 7.9 mill rate. The average millage on a home assessed at $50K would have a $17 increase. Commercial properties have a 6.8% increase. A commercial property assessed at $50K would see a $35 a month increase. Mayor Grant opened the floor to the public. Susan Oyer, 140 SE 27th Way, noted the pensions were not broken down in the budget. Mayor Grant requested the costs be provided at the next meeting. Ms. Frederiksen agreed. Vernell Strachan, 208 NE 10th Avenue, asked why children ages 14 to 16 are not allowed to go to the Library without their parents. She thought they should be allowed because most families do not have Wi-fi or the internet for schoolwork and parents need to go to work. Mayor Grant explained no one under the age of 18 is allowed to be in the adult section by themselves. Youth 14, 15 and 16 are allowed in the youth section of the Library, the lobby and outdoor area as long as they behave themselves. He noted there are electrical outlets there. Commissioner Romelus asked if there needed to be a change in policy, and wanted to find out what the rules were for the next meeting. Ms. Oyer noted there was no discussion of the project at 115 N Federal Highway that is on the CRA agenda. Business owner Kim Kelly came up with a project for the location and she hoped to have the chance to speak. Ms. Oyer also noted there was no change in the condition of the cemetery; there were still a dozen head stones that were knocked over. She explained it has been a problem for two weeks and staff is usually outstanding. She advised she would send pictures and asked how long it would take to get them fixed, commenting she thought it was disrespectful. Tom Warnke, 2780 Wooster Road, said at the May 12th CRA meeting, the City made a detailed proposal about having the Boynton Beach Recreation and Parks Department to assume management of the Women's Club. They sent a proposal to have an interlocal agreement with CRA including transfer of ownership of the building from the CRA to the city. It included additional staff positions from the City. Four months have passed and its listed as a future agenda item. He asked what is the city's timeline to prepare the ILA for presentation to the CRA and if these items are included in the budget. 3 Page 140 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 Mayor Grant asked if it was included in the budget, and if so how much. Ms. LaVerriere explained, any additional costs to operate the facility would be included in the ILA. The City has not amended its budget, but she noted there would be costs outlined to fund additional positions and then they would amend the budget. Luanne Moore, 133 Buffet Key, thanked the Commission for adding the 5G to the agenda. About a year ago, she raised questions about the level of microwave radiation from telecommunication equipment. There is a lot of equipment deployed in the community. She got an EMS meter and some levels are excessive. She was able to mitigate exposure and there are health effects, such as confusion, depression, tiredness, memory and it affects how frequently she was getting sick from flus and viruses. She reviewed the matter further and the controversy over health effects, and she felt there are considerations they need to look at. She requested permits for facilities going in and comparing them to current regulations about radiation the facilities are emitting. She sent copies of the issue she forwarded to the FCC to the City Commission. She thought the matter was about the welfare for the community. Telecom companies are coming in and installing as much as possible for profit, and they create liabilities for the Cities about how residents are exposed when there are regulations about limiting them. They are loading up towers and some of the structural analysis telecoms conduct are questionable. She itemized the issues in the documents, and she wanted the City to review the ordinance to set proper limits of exposure to the community. There was a high-powered antenna installed a half a mile away, and she could not find permitting for it. She thought if it was not what was intended, for the antennas to be located so close to the public. Kim Kelly, 529 E. Ocean Avenue, owner of Hurricane Alley, started a petition on Change.org. They had a march down Ocean Avenue in protest of the 115 N. Federal Highway development. She thanked Mayor Grant for his support and support for the downtown. She emailed the Commissioners an alternative drawing from an architect and it shows what possibly could be done in the area. She proposed smaller buildings no more than three stories, with restaurants shops and entertainment to make it a destination. She asserted the buildings in the CRA District constructed as mixed-use were vacant for years, not built to capacity and they have failed She suggested offering entrepreneurs an affordable and vibrant area to build businesses. They have a chance to make Boynton shine. She requested the City Commission keep an open mind. The community needs something to do and things to do with walking trails, 20 restaurants, and a court yard with a signature sailfish fountain and stores. If the train stop comes, a module station could allow for car, bikes, obtain fishing tickets, book charters, and obtain information about what the downtown has to offer including future events. This could be possible if the Commission does not give away our most valued property. She hoped there would be a compromise. Attorney Jim Cherof suggested returning to the budget, then reopening public comment. No one else came forward. Public comment was closed. 4 Page 141 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 Mayor Grant inquired if Dog Days at the Beach was proposed in next year's Recreation and Parks budget and learned they will carry them on. Annual Operating Budget. Proposed Resolution No. R20-094 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2020-2021. Attorney Cherof read proposed Resolution No. R20-094 by title only. The resolution announced the percentage if any, the proposed millage rate exceeds the roll back rate, announcing the date, time and place of the second public hearing on the budget and the millage rate, providing for severability, conflicts and providing an effective date. The proposed millage rate is 5.46% above the computer roll back rate which is 7.4911. The second budget hearing will occur on September 22nd at 5:30 p.m. virtually, with the Mayor in the community room. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. Proposed Resolution No. R20-095 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2020-2021 Attorney Cherof read Proposed Resolution No. R20-095 by title only. Motion Commissioner Katz moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. C. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2020-2021 Fire Assessment. Ms. LaVerriere explained there was no change in the rates. There was information in the agenda item viewed online. Mayor Grant opened public comment. Susan Oyer, 140 SE 27th Way, noted the assessment is $120 per household, but there was a huge discrepancy in rates for industrial versus commercial building. Ms. LaVerriere agreed to forward information from the consultant to Ms. Oyer. Attorney Cherof explained when the methodology to establish the rates was done, there was an evaluation of demand for services for those two categories of use, and issues regarding 5 Page 142 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 square footage and the caps for which fire service was available for those facilities, meaning there would be no more equipment to send to a certain square footage. The rates distinguished were based on those criteria. The study is available upon request. It is unchanged for many years. The City Commission carried over the same assessment rates. This information will be put on the website. Attorney Cherof read Resolution No. R20-096 by title only. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. Colin Groff explained the City has had complaints of the location. The State preempted the City from any regulations about 5G antennas. They are mostly being placed are on existing poles, and the City has no authority to regulated them they are regulated by the FCC. The City can regulate the locations of new towers. If someone comes in with a new tower, the tower would be located via ordinance. Since the antennas are on existing towers, the City does not have any say nor can they write regulations to address this. Mayor Grant asked does the City have a way to check if radiation exceeded allowable levels. Mr. Groff explained the City is not permitted to test for it. He noted it is an FCC issue and he believed as a federal agency, they would respond. The City does not have a way to check it or was unsure if staff was qualified to check. It is not a Community Standards issue. Mr. Groff said he could put contact information together. Mayor Grant suggested putting it in the email newsletter and on the records for people to speak with the appropriate regulatory agencies. Ms. Moore advised she had further comments as things have changed a lot. Mayor Grant explained now is not the time to speak. The City does not have authority in the matter. She could speak later with the City Commissioners or staff. They will get the information for the public to inform citizens how to move forward with complaints they may have. 2. Adjourn Motion Vice Mayor Penserga moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. Mr. McNally closed the City Commission meeting and explained they would transition to the CRA meeting. The meeting was adjourned at 6:21 p.m. 6 Page 143 of 701 First Budget Hearing Boynton Beach City Commission Boynton Beach, FL September 8, 2020 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 Catherine Cherry Minutes Specialist 7 Page 144 of 701 Minutes of the City Commission Meeting Held Online via the GoToWebinar Platform Boynton Beach, Florida On Tuesday, September 15, 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 Steven B. Grant Mayor Grant called the meeting to order at 5:32 p.m. John McNally, ITS Director, read a statement explaining how the meeting would proceed and how the public could participate. Invocation by Pastor Bob Bender of Christ Fellowship Church Pastor Bender gave the invocation. Pledge of Allegiance to the Flag led by Vice Mayor Ty Penserga Vice Mayor Penserga led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant had $200 left from his Community Support Funds and he received a letter from 211. He would like to add an item 5B to give them the remainder of any of his community support funds. Vice Mayor Penserga wanted to revisit the Boat Ramp fee. Lori LaVerriere, City Manager, explained the Item 6A on Regular Consent, should be moved to 7A. Page 145 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Mayor Grant wanted to add a discussion about the downtown and future development. He has been speaking with institutions of higher education, residents and developers and he would like to see if there was consensus about the site plans that they have approved and if the Commission would be willing to have higher education rather than 80% apartments and 20% office space. Commissioner Katz did not think they should be trying to build a college or university, and they had a vote at the last meeting to take one of two courses of action. He wanted to stay that course. Mayor Grant understood but commented he was referring to properties not just in the Town Square. It also included the D'Almeida, and Camalier properties, Mark Hefferin and Avison Young. The discussion was to discuss the possibility of expansion and the RFP including higher education. He said he spoke with Palm Beach State College and Keith O'Donnell of Avison Young, and wanted to get the Commission's input, when they issue the RFP for maker space, to hopefully expand higher education in Boynton Beach. Commissioner Romelus thought it was outside of the scope. The RFP is for incubator space. Mayor Grant explained maker space is the same as incubator space. Mayor Grant explained they could discuss it at a future agenda. 2. Adoption Motion Vice Mayor Penserga moved to approve the amended agenda to allow the Community Support Fund distribution as item 5B and move Consent Agenda Item 6A to 7K and add a discussion of the boat fee to New Business. Commissioner Romelus seconded the motion. The motion unanimously passed. 2. Other A. Informational items by Members of the City Commission Commissioner Katz had no disclosures, but he did receive calls from residents regarding the boat ramp. Commissioner Romelus had no disclosures to make. She also received phone calls and emails about the boat ramp. Vice Mayor Penserga had no disclosures. Mayor Grant advised on September 3rd, that he spoke with Palm Beach State College requesting they tour the Old High School and City Hall, and Eric Kelley of the Quantum Foundation about moving forward with the Community Partners of Palm Beach County to have navigators help with technology/literacy in the community. On September 4t", he toured Ocean Breeze East. He noted Centennial Management has an item on the agenda. He spoke with Keith O'Donnell of Avison Young and discussed his vision of the maker space. He attended the Boynton Beach Police Department Flag Raising, and a 2 Page 146 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Boca Chamber event on September 10th. On September 11th, he attended Veterans Park for a 911 event and met with Tom Kaiser. The Fire Chief, Ray Carter, also attended. He met with Bill Morris and Bradley Miller, and with Fred Barch of Palm Beach County Adult Education. Lastly, he attended the Boynton Beach Tourism Task Force meeting. 3. Announcements, Community and Special Events and Presentations A. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Laura Lansburgh, Marketing Manager, reminded all that September 30th was the final deadline to respond and be counted in the 2020 Census. She explained every 10 years, America counts its people and allocates funds according to the data. A slide show was viewed reflecting Boynton Beach's response was 60.8% which was ahead of most neighboring cities. She clarified the number does not reflect census takers knocking on doors and the results of the Census won't be known until 2021. The City is continuing to promote the Census in the City's newsletter and on Facebook and the website is translatable in several languages. The City was still accepting entries for the Guess the Census contest. A news clip, created to incentivize residents, was viewed. Ms. Lansburgh reviewed the City's activities regarding the Census included a press conference, safety measures, an 1-95 billboard campaign and information on the City's electronic and paper water bills. She advised the ongoing Census Competition between several municipalities shows Boynton Beach is currently in fifth place and she encouraged all residents to respond. There was brief discussion that political overtones may have dissuaded some residents from responding to the Census. B. Proclaim the week of September 17-23, 2020 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Mayor Grant read the proclamation declaring the Week of September 17-23 as Constitution Week. Ms. Ferrer spoke and advised last year, they worked with the School District and created a website about the Constitution that was available to teachers and students. Because so many classes were not in session, they received permission from the School District to share the website and it was viewed by 18 different schools, and 1.2 million individuals. She thanked Mayor Grant for the Proclamation and announced 2026 will be the 250th Anniversary of America. C. Mayor Steven B. Grant to proclaim the month of September as Deaf Awareness Month. June McMahon, with Palm Beach County Association of the Deaf will accept the proclamation. Mayor Grant read the proclamation. June McMahon, Boynton Beach resident, thanked the Commission for their support and for providing interpreters at the meetings. 3 Page 147 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 D. Mayor Steven B. Grant to recognize and present a certificate to the City's 1 st Inclusion Works Business Partner, Joy Ford-Fradique and the Access Perfect Homes Team at Keller Williams Realty. Joy Ford-Fradique was proud to present the Access Perfect Homes program and recognized Beth Wagmeister, City ASL Interpreter. Ms. Wagmeister thanked Mayor Grant for establishing the program. As the inventory increases, they will have realtors ready to help meet that demand. Mayor Grant asked to reorder the agenda to hear the boat fees before the Consent Agenda. Motion Commissioner Romelus so moved. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 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) Susan Oyer, 140 SE 27th Way, thanked Dwight Saulter, the cemetery staff and Mr. Groff for addressing the cemetery issue she brought to their attention and complimented staff on the expeditious response once they realized where the damage was. Sven Mautner, 2838 SW 8th Street, thanked the Commission for keeping the annual boat ramp sticker available to boaters. It was reassuring to hear it was on the agenda for discussion. He thought with community input, a compromise could be reached. Luanne Moore, 133 Buffett Key, spoke about the wireless telecom facility the City was permitting and the high-powered antenna at 755 W. Boynton Beach Boulevard in close proximity to the public, without an active right-of-way permit and permitted under the City's electrical permit. She referenced Chapter 25.1.2 Communication Facilities and Public Rights-of Way and an FCC rule of 1996. This section states in regulating its public right- of-way, the City shall be governed by all applicable federal and state laws. She highlighted Section 25.1.6 for Maintenance, the plan submittal include specifications for each communication facility and the City is entitled to such additional information that the City finds reasonably necessary regarding placement or maintenance of the communication facility that is subject to the permit application to review such permit application. The City may also promulgate additional reasonable rules and regulations regarding the placement or maintenance of such communication facilities in public rights- of-way consistent with this chapter and other applicable law." She asked how the FCC and other federal regulations that protect the public were precluded from this review. Ms. 4 Page 148 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Moore contended the City has been sent the complaint and thought the lack of compliance with state and federal law and permitting and questionable building code compliance issues regarding the towers was creating huge liabilities and insurance issues for the City and to the public. She urged the city to address the issue and noted other cities across the state and country are addressing the problems and finding solutions. She urged the City to take action. Mayor Grant suggested she email the City Manager and set up a meeting to discuss the resources she found. Annette Gray, Founder and President of GBDC Entrepreneurial Institute, 1500 Gateway Boulevard, Suite 220, thanked all for the support. The team was excited to help with the Census and they were ready to go. She thanked Ms. Lansburgh and Ms. Krusell. She announced GBDC was also hosting an annual youth forum on youth, criminal and justice issues. It is a round table discussion with youth from all over the country. Participating social and criminal justice individuals will include the Chief of Police, Michael Gregory, Mayor Grant, the Consulate General of Jamaica, the Delray Beach Chief of Police and several participants from the Palm Beach County Sheriff's Office and a juvenile court judge. An FBI Agent may also participate. She hoped the Mayor would attend the September 17th event from 6 p.m. to 8 p.m. on Zoom. Dr. Lois Smith explained this was her third week coming before the City Commission. She thanked the Commission for helping some residents in Boynton Beach; however, when she previously spoke to the Commission, she had indicated FPL had been contacted by city officials and Habitat for Humanity. Several others came out to see the overgrowth around the wires connecting to residential homes in her area. Nothing was done to correct the matter. She requested FPL honor the residents' request as they are paying customers. Mayor Grant agreed to drive by and get the pole numbers. As for pole growth, he pointed out property owners also have responsibilities and he requested she send him the addresses in writing and the City will make the request. If there is overgrowth in the easement, the City will clear the overgrowth. Commissioner Hay requested a copy of the list as he was aware of other areas. Community Standards will be sent out to take a look. Dr. Smith advised she paid people to trim, but the remainder was FPL's responsibility. Claudial (last name inaudible), speaking on behalf of her uncle at 170 NE 27th Court, explained he was having issues with stormwater that does not drain and the water came inside the house. When there is a heavy rain, there is standing water. Mayor Grant agreed to speak with Utilities and Commissioner Hay will follow up and review the stormwater plan to see what and when something could be done. No one else coming forward, Public Audience was closed. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 5 Page 149 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Mayor Grant read the vacancies Motion Mayor Grant moved to appoint Rhonda Sexton as an alternate on the Historic Resources Preservation Board. Commissioner Romelus seconded the motion. The motion unanimously passed. Motion Mayor Grant nominated Lindsay Karten as a regular on the Library Board. Vice Mayor Penserga seconded the motion. The motion unanimously passed. B. Mayor Grant Community Fund 211 donation Mayor Grant explained when he receives calls during the pandemic, he refers them to 211 and he requested the remainder of his account go to 211. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Discussion of Boat Fees. Ms. LaVerriere advised Andrew Mack, Director Public Works, had a brief PowerPoint presentation. Mr. Mack explained Oyer Park operating costs were $104K, which he reviewed. Upcoming Capital Improvements at Oyer Park were anticipated to be $1.746M scheduled in the next two years, which included a Florida Inland Navigation District (FIND) Grant of $500K. He noted last year, the City renovated the Coast Guard building. This year, the City was renovating the ramp and dock. Mr. Mack reviewed the current and proposed daily parking rate which would be capped at $10 on weekdays and $25 on weekends, and the boat trailer parking rate. He noted since the City received prior grants for improvements at Oyer Park, the City cannot differentiate between residents or non- residents of the county or state while processing permit applications. Daily parking rates were compatible with other municipalities. The boat launch trailer parking rate was also reviewed. Mr. Mack explained the prior fees did not cover the costs to maintain the park. Mayor Grant noted there would be repair and replacements of the launch and asked how long the work would take and if boats would be able to use the launch during the replacement. Mr. Mack anticipated the project would be phased with some access throughout the duration. There may be periodic closures, but no long-term closures. Mr. Mack was asked if they could give a Florida and a non-Florida rate. Mr. Mack replied he would have to check with Debbie Majors, but thought so as Lake Worth did so. Mayor 6 Page 150 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Grant was glad the Commission approved a boat annual pass, but this was the first year of an increase in a very long time. Since they are doing the construction, he doesn't want to overshoot the rate. He wondered if the City Commission would lower the rate to $200 or $250 annually because there will be times boaters will not be able to go out due to the ramp. Vice Mayor Penserga supported reducing the fees, as he felt a $50 to$350 was a massive jump and this year was not the best year to be raising fees. He proposed they maintain the $50 and increase it next year after public input. Commissioner Romelus agreed with the Vice Mayor Penserga, but did not support $50. The City was making significant upgrades with significant costs, but they cannot survive on $50. She believed the City should increase the rate and would be happy to hear public input. She supported a $200 annual fee. Commissioner Hay agreed. Vice Mayor Penserga disagreed. He noted the different comparison of fees and agreed they have different amenities, but in the long term, it was not sustainable. He thought the question was timing. The projects are not dependent on this increase. Mayor Grant was happy with the $200 annual fee. Ms. LaVerriere reminded the Commission the City budgeted revenues after the discussion of raising the fees. A reduction will impact the budget. Mayor Grant thought if there was consensus with the number, the City will have to determine if they had to pull funds from the Reserve Account. The Commission will have to readopt the resolution and bring a revised fee rate resolution at the next meeting to approve. Staff can bring the revised budget to the meeting on the 22nd of September. Commissioner Romelus expressed the other reason why the annual permit came as a topic of discussion was because they are adding automated parking meters, which was to help mitigate the cost. No further public comment was received. Motion Commissioner Romelus made a motion to change the annual fee to $200. Commissioner Hay seconded the motion for discussion. He asked what the income coming from the parking meters was. Commissioner Romelus thought they should ascertain what impact it has on the residents and believed there was a 92 cents per day charge. If there was a $350 fee, they should ask what the comparison was if it was just parking and no fee. Mr. Mack responded the current revenue this Fiscal Year(FY)was $320K for daily parking fees and $170K for parking permits. Next FY was $680K for daily parking fees and $170K for parking permits, because they did not propose a boat trailer parking fee. Mr. Groff, Assistant City Manager, explained those figures included the beach. The City anticipated, at Oyer Park only, if going to a $350 pass there would be a reduced number of passes. Pass holders would need to use the pass 25 to 30 times per year. The City based the 7 Page 151 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 budget on 200 boat passes when the $350 fee was adopted. A $200 pass was about a $30K reduction. He did not anticipate a reduction on the daily parking. Ms. LaVerriere explained the boat ramp is a special amenity that is very costly and next year they will use surtax dollars and the grant for improvements. These are improvements that should have happened years ago, but the City did not have the $1.2M to make them. This should be a user rate funded amenity the same as the Tennis Center. People should pay as they use the boat ramp and not be put on the back of the entire community. Mayor Grant agreed and thought a $200 to $250 fee was somewhere in the middle. If they skew it at $350 they may not get enough parking passes, and they will have daily parking. If the parking permit is too low, they will not get enough daily fees. The Commission has to make a business decision. Mayor Grant thought $200 was fair. It was meant for the City's residents. The $350 will remain for non-Florida residents if possible. Commissioner Romelus was fine with the amendment. Motion Commissioner Hay reaffirmed the amended motion, which was $350 for non-Florida residents and $200 for Florida residents. The motion passed 4-1 (Vice Mayor Penserga dissenting.) 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. 20-097 -Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of $358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 (This item was moved to 7.K.) B. Authorize the Finance Department to reduce the Allowance for Uncollectible Account and the Accounts Receivable Accounts by $167,551.62 on 1,204 customers. The amount includes small balances less than $25.00. This amount consists of unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments, that have been in collections over one year prior to September, 2019, the occurrence of the last write-off, through November, 2017 final accounts with balances. The period is defined as November, 2017 through September, 2019. Commissioner Hay pulled this item and wanted staff to provide the rationale behind this item. Mr. Groff explained this was an accounting function to balance the books in the 8 Page 152 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 City. These are accounts that have not been paid for a certain amount of time. It does not erase the debt of the customers, rather it only allows the City to balance the budget. The accounts go to collection and if a customer wants to obtain water service, they have to pay. The numbers have been flat for several years. When he came to the City seven years ago, the number was significantly higher. Mayor Grant asked if debts over five years old were Iiened. Mr. Groff explained they do lien properties based on the amount of debt. The City does not lien for $25 or $30 dollars. If it reaches 20% to 25% of the value of the property, the City liens the property. If the property is homesteaded and the house goes to sale, the City collects on the lien. Mayor Grant thought debts over five years was outside the statute of limitations. Mr. Groff agreed. Mayor Grant heard complaints from people, there are amounts owed on the property without a lien. They also have policies for that and how to reduce that amount and programs for forgiveness. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion unanimously passed. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 15, 2020 - "Request for Extensions and/or Piggybacks." D. Review of legal invoices. No action required. E. Proposed Resolution No. R20-98 -Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY2020-2021. F. Proposed Resolution No. R20-099 -Authorize the City Manager to sign a Letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 20-21 PEMT MCO Program. G. Approve minutes from the City Commission meeting on September 1, 2020. Motion Commissioner Hay moved to approve the remainder of the Consent Agenda. Vice Mayor Penserga seconded the motion. The motion unanimously passed. 7. Consent Bids and Purchases over $100,000 A. Proposed Resolution No. R20-100 -Approve a phased Progressive Design- Build contract with Garney Companies, Inc. for the expansion of the existing Reclaimed Water Distribution System and authorize the City Manager to sign the contract. The Phase 1 lump sum cost for conducting field investigations and 9 Page 153 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 design to develop a Guaranteed Maximum Price (GMP) for construction is $614,277.79. Garney Companies, Inc. was selected through Request for Qualifications (RFQ) #013-2821-19/TP and approved by the City Commission on July 2, 2019. B. Proposed Resolution No. R20-101 - Approve the Property, Casualty, and Workers' Compensation insurance coverage with Florida Municipal Insurance Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2020 - September 30, 2021. C. Award Task Order F-2-2020 Town Square Maintenance Services as part of Contract No. 009- 2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order in the total amount of$556,951.00 per year. Mayor Grant pulled this item. Mr. Groff, explained Chad Armstrong, General Manager, for ABM South Florida was present and had previously given a high-level presentation of their approach. For the past several weeks, they worked with staff to finalize the scope of work and the services they would provide at city hall and maintaining facilities. They have received revision 10. Upon approval of the pricing structure put forth, they will hold a job fair September 24th or 25th to secure candidates for an October 1 st start date. Mayor Grant was concerned for the future and commented ABM has a lot of entry level positions. His goal was to educate the public how to have a career path with ABM. He supported using those skill levels as entry level skills and providing information that ABM is a big company with openings in Palm Beach County and South Florida so citizens have an equitable idea about what it means to succeed with the company. Mr. Armstrong explained the company has a lot of vertical movement and employees can reposition in case they need to move. They have consolidated services. As a result, an employee from California had a parent in Florida that got ill and he transferred to Florida to be with them. There are a lot of opportunities for employees with the firm. Mayor Grant recommended he contact Laura Lansburgh, as a point person, who could help reach out to the community. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion. The motion unanimously passed. D. Approve Task Order UT-2A-02 with CH2M Hill Engineers, Inc. (Jacobs) in the sum of $320,533.00 in accordance with RFQ No. 047-2821-17/TP, General Consulting Services Contract, Scope Category A awarded by Commission on September 7, 2018 for Pilot Testing and Improvements to Pre-Treatment and NF Membrane Skids at the West WTP. 10 Page 154 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 E. Proposed Resolution No. R20-102 - Approve the negotiated cost for RFQ # 035-2413-19/MFD for SE 1 st Street Sidewalk Improvements Design and Consulting Services and Authorize the City Manager to enter in an agreement with Kim ley-Horn for the amount of $253,976.00 plus a 10% contingency of $25,397.60 for unforeseen conditions for a total estimated expenditure of $279,343.60. F. Proposed Resolution No. R20-103 -Award RFP No. 034-2410-19/EM and authorize the City Manager to enter into a contract with Sages Network Inc. for a contract amount of $571,300.00 over a period of five (5) years for Electronic Plan Review Submittal and Markup Management System with Mobile Inspection Software. G. Motion to approve an increase to purchase order#201166 to Beltmann Relocation Group, Inc. from $90,000.00 to $115,000 per the City RFP #015- 1210-18/IT H. Award task order GIS-UMT-02-20 with Florida Technical Consultants, LLC., in the amount of $291,870 as a result of RFQ No.007-2821-20/TP, Geographic Information Services (GIS) Engineering Services, awarded by City Commission July 7, 2020 to update the Utility Atlas. I. Award Task Order F-3-2020 Quantum Park District -ABM Landscape Maintenance as part of Contract No. 009-2511-20/RW for Town Square/City Facilities Maintenance Services, and authorize the City Manager to issue a Purchase Order to in the total amount not to exceed $213,000 per year. Mayor Grant pulled this item, then withdrew it after the discussion on Item C . J. Approve the piggyback of the agreement between the City of Plantation and Allied Universal Corporation for Sodium Hypochlorite and authorize the City Manager to sign an agreement letter with Allied Universal for the period of October 20, 2020 to October 20, 2021. K. Proposed Resolution No. 20-097 -Authorize the City Manager to sign a piggy back agreement with ETR, L.L.C., and approve the issuance of a purchase order for replacement Fire Rescue vehicle in the estimated amount of $358,438.00 by utilizing the following contract: Florida Sheriffs Association, FS20-VEF 14.02 (Moved from 6.A to 7.K.) Motion Commissioner Hay moved to approve the Consent Agenda for Bids and Purchases over $100K. Commissioner Romelus seconded the motion. The motion unanimously passed. 11 Page 155 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 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. 20-015 Second Reading -Approve amendments to the Comprehensive Plan Utilities Element to include an update to the 10-year Water Supply Facilities Work Plan. Jim Cherof, City Attorney, read Proposed Ordinance No. 20-015 by title only on second reading. Mr. Groff explained the department has to provide information on where and how they will have an adequate water supply in a 10-year cycle. The item was heard in January and February to ensure the City has adequate water capacity in the Comprehensive Plan. The State approved the plan and it now needs local adoption. Mayor Grant noted Lake Clark Shores has a small water area in the City off Lawrence south of Hypoluxo as a service area and they serve the area around Santaluces High School. Mr. Groff explained the City is working to supply them wholesale water and sewer services. They will form a partnership and will bring something back. Motion Commissioner Romelus moved to approve. Vice Mayor Penserga seconded the motion. Mayor Grant opened public comment. No one came forward. City Clerk Gibson called the roll. The motion passed 5-0. I. Approval of the Exotic Motorworks Conditional Use application (COUS 20 002) to allow an automobile diagnostics facility exclusively for luxury and/or high-performance vehicles at 816 SE 1 st Street Attorney Cherof explained the matter is a quasi-judicial matter and those intending to speak must swear or affirm their testimony is true and correct to the best of their knowledge and must acknowledge they took the oath prior to speaking. Elizabeth Lopez, representing Exotic Motorworks, was present and advised she took the oath. Ms. Lopez conducted the presentation on behalf of Joel Lopez and indicated the main work is computer diagnostics. An image of the building was viewed. The residential side 12 Page 156 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 of the building is family owned and operated and there are two family operated businesses there. None of the businesses have illuminated signs and there is a small space above the door where they will put a non-illuminated sign. The east entrance will have one parking space and two in the back. A photo of unit four, which will be used as an office, was viewed. It is large enough to accommodate a vehicle inside the building. The business operates on an appointment basis, so there will be only two to three vehicles at the building at a time including his space in the front, one in the building and there are two additional parking spaces in the back. The current tenant only uses the back space of the building for trash so Mr. Lopez will be the only one to use the back. The diagnostic computers are very expensive and need to be stored in a secure facility. Most services are provided offsite, but there will be rare occasions when vehicles are brought to the office. The cars are on the east side of the building, out of view and do not face the residential area. There are no chemicals or strong odors that will be used and the use will have a minimal impact on adjacent properties. As for safety and sanitation, the City services the building. An aerial view of the structure was viewed. The applicant requested approval of the request. Mayor Grant asked for the definition of luxury and high performance. Mr. Lopez explained he specializes in work on Bentleys, Ferraris, Rolls Royce, Lamborghinis, and Maseratis. Mayor Grant asked if the vehicles are towed to the location. Mr. Lopez explained he goes out to perform the services, but if anything comes in, it will be via a tow truck. Most of his business is for dealerships. He needs a physical address for office and equipment. Commissioner Romelus inquired about noise and learned Mr. Lopez does not conduct dyno testing. His work is comprised of electronic diagnostics and if working on a vehicle, the work would be done indoors, not outdoors. Commissioner Romelus supported adding a clause for noise litigation. Attorney Cherof explained the Condition of Approval would be they have to adhere to the City's Noise Ordinance. Mr. Lopez had no objection to the additional condition. Motion Commissioner Romelus moved to approve. Commissioner Hay asked if there would be products or parts they have to store. Mr. Lopez explained there would not. He only needs his equipment and his tools. Commissioner Hay seconded the motion. The motion unanimously passed. J. Proposed Ordinance No. 20-031- First Reading -Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Attorney Cherof noted this and the next item are connected. Attorney Cherof read both Ordinances by title only on first reading. There would be separate motions on adoption. 13 Page 157 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Bradley Miller, Urban Design Studio, explained a few years ago this parcel was changed to have a commercial designation. The owner had a local business and he wanted to put his office there. Then he sold the business so he does not need the property. He has been marketing the property for a year as a business property and got no interest, but he did receive 50 calls from parties interested in developing the land as a residential property. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. City Clerk Gibson called the roll. The motion passed 5-0. Proposed Ordinance No. 20-032- First Reading -Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Proposed Resolution No. R20-104 -Approve and authorize the City Manager to sign an Interlocal Agreement with Florida International University to prepare a Diversity and Equity Assessment of City Systems that will review the City's internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. The assessment will produce a final report summarizing the key findings and provide detailed policy recommendations to address the needs, challenges and opportunities. Further, training will be provided in two phases for all city employees. Mayor Grant read both items. David Scott, Director of Economic Development and Strategy, explained representatives from Florida International University (FIU) were present. He introduced the two resolutions, stating the Commission is very supportive of diversity and inclusion and is concerned with racial and social equity. They put together a team to review internal and external structures. Best practices from throughout the country were reviewed attempting to determine what social and equity frameworks were like and learned most cities are individualized as their issues are all different. Boynton Beach was the same. It was important to recognize what Boynton Beach's blind spots are and establish a baseline. The City Commission identified five focus areas which were health care, education, housing, public safety and economic opportunity as the external 14 Page 158 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 issues and was very concerned about ensuring City staff received the training it needs to implement its program. Dr. Susannah Bruns Ali and Dr. Maria Ilcheva gave a presentation. Dr. Ilcheva explained they are an applied social research center to work on real world problems in a range of public policies. They are also a designated Census Information Center. They will conduct an internal assessment via analytics. Analytics will focus on the five focus areas with community engagement. Engagement will include outreach and dissemination of the information including consultation, collaboration and shared leadership. Community engagement is needed to build trust and policy recommend- dations. They will look at ethnic groups, senior, LGBTQA, religious and other marginalized communities, and will research and recognize these and review multiple intersecting factors and review barriers and opportunities for community development. They will use a targeted engagement strategy to ensure they provide sufficient context. There are different layers of community engagement and they will have an action plan for results of each goal. They will develop a report with key findings in each area and policy recommendations which can be used for policies needed to build a resilient community. The presentation was comprehensive. Mayor Grant thought the research was more of the external aspect of what they want for the City and he thanked her for the presentation. He asked if they would review previous community outreach and studies such as those conducted for the Town Square and Heart of Boynton. The community does not want more community outreach because they always find someone new to do the community outreach without them including the initial studies done in the past. Dr. Ilcheva responded they would review what the community has done. Without a baseline, they would not know where they have been or where they are going; they want to build on them to do better and add greater value. Mayor Grant was concerned with the enhanced community engagement. Some in the community do not know of the opportunities in the outside world and may have been isolated. He wanted to ensure enhanced community engagement includes opportunities in the future. It was explained the team starts with the analytics and presents hard data. Mr. Scott explained that was why the City reached out to a research institute to focus on evidence-based policies and strategies. Mayor Grant asked if they will help provide them with the costs associated and possible short, mid and long-term goals and learned they would. Vice Mayor Penserga asked what other cities or organizations they worked with and how they brought about policy changes. Dr. Ilcheva responded they worked with Miami Dade, Ft. Lauderdale for affordable housing needs assessment and policy need recommendations. They link the work they do to existing efforts and build on them. Mr. Scott was familiar with their work in the past. They are now reviewing what they did years ago comparing it to the present day. They are also working with the Palm Beach Housing 15 Page 159 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Leadership Council, which includes Boynton Beach, so they are already somewhat familiar. Commissioner Romelus asked what they would see at the end of the research and learned there will be multiple deliverables on the five focus areas. She asked if they would direct staff on tangible ways to implement the steps and learned they would. Mr. Scott explained the recommendations will become part of the strategic plan. The timeline, once funding was secured, would take six months, but they have to secure funding or grants for all of the work. They would ask the City Commission to help them with the funding. Commissioner Hay asked if there was a web page with their work and deliverables and was informed there was. Susan Oyer, 140 SE 27th Way, thought the idea was wonderful and asked why FIU was chosen over FAU when FAU is local university. She asked about the cost and if the money was budgeted. The cost was $125K in total, and she asked what other options were explored that cost less, noting there is a financial crisis. She did not think they should take any money out of the Reserves. She asked if there was a way to find different subgroups in the City so they could get involved as there was a brief discussion about the issue held at the Arts Commission. They are struggling to find more diverse artists that do not know about opportunities that exist and she questioned how will they get the information out about arts. Mayor Grant noted whatever university they use is part of Florida's university system and spending the money was an investment when they are trying to expand the culture of the community. He thought it should be done as soon as possible. There have been decades of stagnation north of Boynton Beach Boulevard. Vice Mayor Penserga discussed this item with the City Manager and explained this is a pay as they go project, so it is not a one-time lump sum expense and they may not spend the entire amount. Mr. Scott explained this portion already has $20K designated from the Economic Development Budget. The remainder would be paid for by grants to close that gap. For the internal portion, the discussion will start and a budget will be developed as it moves forward. Ms. LaVerriere explained they have some money in the budget for the internal assessment. All is broken down by tasks and by phases, but it is pay as you go. There is no intention at this time to use Reserves. Motion Commissioner Hay so moved to move forward. Vice Mayor Penserga seconded the motion. Commissioner Romelus requested Debbie Majors, ADA and Grants Coordinator, try to secure funding. 16 Page 160 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 The motion unanimously passed. B. Proposed Resolution No. R20-105 - Approve and authorize the City Manager to sign an Interlocal Agreement with Florida International University to prepare a Racial and Social Equity Comprehensive Community Needs Assessment to include three (3) phases: an analytical analysis of the City's demographics and established Focus Areas, local community engagement, and a final report summarizing the key findings under each policy area and provide detailed policy recommendations to address the needs, challenges and opportunities. Dr. Ali commended the City for its efforts to have a comprehensive plan to effectively address racial and social inequity. There is a broad set of policies on which they will evaluate the City, but without internal structures to implement changes, there is a risk of it falling by the wayside. There is a two-phased approach. First, they will look at the organization as a whole and conduct national benchmarking and develop recommendations and action plans as a City as a whole and then develop very strong training sessions for all City employees. They will have online pieces and bring together smaller groups. Each session will have 30 to 40 employees and 20 to 25 face-to-face sessions. The second phase will be department specific and training will be conducted the same way. They will create micro credentials creating incentives for employees and citizens. Very few places are taking a comprehensive approach and instead take the piecemeal approach, which has risk of not being implemented. Boynton Beach can be a model city. Mayor Grant felt there was a lack of education for city directors and employees. He took a 16-hour course to delve into the history of the country. He was concerned about the training aspect. It is not just training, it was how the country got to this point. He hoped diversity training was included and wanted the City and staff to know what to do, because they do not know what it is like to live in someone else's shoes. Dr. Ali wanted to create a climate of understanding and sensitivity to others, and communicate better with coworkers. Ms. LaVerriere explained in the next year or two, they wanted to develop, through Human Resources, someone to focus on internal improvement and development in the City. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion unanimously passed. Kathryn Matos, Assistant City Manager, recognized and thanked Caryn LaVernia, Vice President of Engagement at FIU, noting she was behind the scenes at FIU who made all of the connections and made this initiative happen. 17 Page 161 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Annette Gray commented that part of diversity is a multicultural generational work force and as the millennials and Z generation will replace the boomer generation and workforce as consumers in the next 10 years. She thought it was difficult to get the folks out to participate that are not the usual suspects. She thought in this instance, they should make extreme efforts to reach out to the younger community. They cannot be players as usual with community participation. They are building future generations' workforce culture and their voice is important. Mayor Grant agreed. 10. Unfinished Business - None 11. New Business A. Discuss Commission interest and authorize online participation in the National League of Cities City Summit on November 18-21, 2020. Mayor Grant requested this item be added as it was not the travel budget that was planned, but he would like to attend as he has done in the past. When they have more people attending, there is a discount. He hoped some staff could attend if possible. Last year he made a presentation and hopefully he could do the same. Vice Mayor Penserga and Commissioner Hay wanted to attend. There were no travel related expenses so no motion was needed. He noted five people needed to attend for a group discount. 12. Legal A. Proposed Resolution No. R20-093 - Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 1, 2020 Commission meeting.) Attorney Cherof requested this item remain on the table until October 6th B. Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. Michele Roque, Centennial Management, advised Elizabeth and Lewis Swezy were present. Ms. Roque explained they were under the impression the City is in a contract for this property they could get out. The contract was for$2.275M for the subject property and Centennial wants to offer $3.185M. Centennial would mimic what Pulte was doing, understanding there are deed restrictions and entitlements. They love Boynton Beach and want to give what the property is worth and want to beautify it. Mayor Grant explained the City does not like to back out of a contract, but one concern is any cost to the City. Centennial would also chip in $100K towards the buyer's cost, which they would put in the contract. Mayor Grant explained sometimes the City likes to go to RFP, and that is why Letters of Intent are not always the best way to proceed. 18 Page 162 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Andrew Maxey, Pulte Homes, explained they have had a strong interest in the property and invested time and money into it. There are some challenges with the property requiring mitigation and a fair amount of utility servicing from Old Boynton Beach Boulevard. Pulte spent a lot of time quantifying the cost. The purchase price was negotiated a year ago. They do not intend to build workforce, deed-restricted homes, but it would be affordable when looking at the mean new home prices in Palm Beach County of around $350K. They would counter with reducing the number of units and adding in incentives for every unit approved above the threshold. They may be able to get higher density, but plan to have density be fairly low. Pulte has a high level of respect for the City and has been entertaining offers from the CRA. They were happy to be part of the community. Mayor Grant understood about the upside of 91 properties and commented if there was more property, there could be more units. The City is looking for workforce housing, which was lacking. For someone looking to purchase a home for $350K. the value of the homes does not affect the City. The discussion they had was they were looking for affordable or workforce housing. There are multiple opportunities to purchase a home for $300K or less and rehab it. Vice Mayor Penserga inquired if they should accept and if it was similar to the CRA's Letter of Intent policy. Attorney Cherof explained Pulte started with a LOI and worked its way up to a purchase and sale agreement, which the City Commission approved a few meetings ago, but the contract was not signed. Since the contract was not signed, it was still an open issue. If they take up this LOI, other entities could also submit and begin a bidding war unless the City Commission determines what to do with the property and step away. The Pulte contract has many conditions. The property is not in the City and is regulated by county regulations. There are still some risks associated with any developer. It is up to the City Commission. The City has a good faith $10K deposit. Pulte worked with the City in good faith, and they got property the City was interested in selling and Pulte wanted to buy. Vice Mayor Penserga pointed out one LOI was a million dollars more which was substantial and they could do a lot. He was leaning toward Centennial's offer. The City Commission can reject both offers and issue an RFP, but the City has no control over what or how many units will be built. It is a Palm Beach County decision. Everyone is looking for more subsidized housing in Palm Beach County. Mallorca showed interest in subsidized housing. He thought they could be better off with the money in hand, and end up with whatever the county decides, but Pulte is not interested in subsidized homes. Vice Mayor Penserga requested Centennial respond. Ms. Roque explained they did not have one or the other in the plan, but they were open for discussion to every idea. They offered more money because the land was worth more money. They wanted a contract similar to Pulte's with sewer and utility services and get the deed restrictions and entitlements off. Right now, the only difference was the money. 19 Page 163 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Commissioner Romelus asked if they could dictate what kind of housing they want in exchange for the sale. Attorney Cherof explained the property is in Palm Beach County so they have very little control over what would be built there. He suggested the Board table the matter, let Pulte consider the comments made concerning the new LOI offered and get an update at the next City Commission meeting. Motion Commissioner Romelus so moved to table to the next meeting. Commissioner Hay seconded the motion. The motion unanimously passed. There was agreement to table the item to the October 6th meeting. Mayor Grant explained after speaking with Avison Young, the CRA Board approved over a thousand residential units between Ocean Avenue and Boynton Beach Boulevard and 50K to 100k feet of commercial space. He wanted to know if the City Commission would speak with owners to join those properties for a higher education use instead of a residential. He noted the City has created new places for people to work. He wanted to have a discussion about the future of Boynton Beach, post COVID, and what it means for the economy. Commissioner Katz asked if the plan included the Town Square and the property not coming out of the ground that JKM, intends to build. He asked if was the property east of the Town Square because he would consider property east of the Town Square. His concern was if incorporating anything in the Town Square it would be only if they were given back the property. He had concerns about investing in physical educational square footage, when the needs of higher education was unknown. Mayor Grant had thought about bifurcation of the Town Square. Commissioner Romelus did not think they could have this conversation if it competed with what was occurring with JKM. She would be happy to discuss items outside of the Town Square, but felt they have to wrap up what is occurring on the ground. Vice Mayor Penserga agreed with what was said as did Commissioner Hay. The conversation will be put on the October 20th agenda. Commissioner Katz had plans to go out of town in October and did not anticipate being present at the second City Commission meeting in October. He requested hearing the item on October 6th or in the beginning of November. Commissioner Katz supported the first meeting in November. There would also be a discussion of Big Box retailers expanding the zoning matrix for retailers over 15K square feet. 13. Future Agenda Items A. Mayor Grant requested a discussion regarding interviewing City staff about their positions and a City Career Fair - TBD B. Mayor Grant requested a discussion regarding funding of trees and a review of the city's Memorial Tree Fund policy - TBD 20 Page 164 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 C. Vice Mayor Penserga requested a discussion regarding a City Mural Program - TBD D. Public Hearing for application submittal for Legacy at Boynton Beach Mixed Use Development— a new mixed use development in the downtown core - October 6, 2020 (as currently scheduled) E. At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 F. Mayor Grant has requested a discussion regarding the Workforce House Ordinance — October or November 2020 G. Update on the Town Square Naming Rights Campaign - October 20, 2020. H. City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment process for Public Arts Manager and mural installation at Fire Station 1 - October 6, 2020 I. Hear monthly update from JKM Developers and E2L Solutions on Town Square project — October 6, 2020. 14. Adjournment There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner Hay seconded the motion. The motion unanimously passed. The meeting adjourned at 9 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz 21 Page 165 of 701 Meeting Minutes City Commission Boynton Beach, Florida September 15, 2020 Commissioner— Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Catherine Cherry Minutes Specialist 22 Page 166 of 701 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the issuance of a purchase order to Advanced Roofing utilizing the the City of Sunrise Bid No. 19-17-12-HR in the amount of$224,030.00 to furnish and install a new roofing system for Public Works Administration Building which includes the Warehouse and Fleet Heavy Duty Shop. The City of Sunrise bid satisfies the City's procurement requirements. Explanation of Request: Staff are requesting a purchase order in the amount of$224,030.00 to furnish and install a new roofing system for Public Works Administration Building which includes the Warehouse and Fleet Heavy Duty Shop piggybacking the City of Sunrise Bid 19-17-12-HR. How will this affect city programs or services? The existing roof has surpassed its life expectancy is in immediate need of replacement. Fiscal Impact: Budgeted Funding is budgeted in the CIP in account#303-4116-580.62-01 Alternatives: Delay the repairs and put the roof replacement project out to formal bid. Strategic Plan: Strategic Plan Application: To leave the existing roof and promote environmental hazards, continued repair and loss of warehouse product. Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Advanced Roofing Start Date: 7/1/2019 Page 167 of 701 End Date: 5/31/2022 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Option for three additional one year extensions ATTACHMENTS: Type Description D Bid Agenda Attachment-Advanced Roofing Boynton Beach Administration Warehouse Proposal D Contract Agenda Attachment®Advanced Roofing Award with Schedule A Page 168 of 701 EXPERIENCE MATTLRS, F I N ,-s E5TA®L15HED 1983 Florida's Premiere Commercial Roofing Contractor Committed to Quality To: Job Name: Kevin Ramsey BOYNTON BEACH - PUBLIC WORKS City of Boynton Beach ADMIN 100 E Boynton Beach Blvd WAREHOUSE/SERVICE GARAGE Boynton Beach, FL 33425 561-742-6986 Address: 222 NE 9th Ave Date: Boynton Beach, Florida 33435 August 9, 2020 Reference: Carlisle 060 PVC KEE Recover Contract: City of Sunrise#19-17-12-HR We are pleased to submit the following proposal for your consideration on the above referenced premises as follows. We agree to provide all labor, material,tools, equipment and proper insurance with excess liability of twenty-six(26) million dollars. PERMITTING AND TESTING Permitting and testing that is required to secure a roofing permit is included in our bid proposal.The following test will be completed in order to pull your permit: • Engineered signed and sealed design wind pressure calculation. • Miami Dade Product Approval NOA for the proposed system. • Roof plan with elevations of deck and parapet walls. • Perform moisture scan in accordance with Florida Building Code 2017 Edition-Testing Application Standard TAS 126-95.1. • Perform fastener test procedure for field withdrawal resistance in accordance with Florida Building Code 2017-Testing Application Standard TAS 105-95.1. • Perform drainage survey to verify capacity of existing primary and overflow drains/scuppers in accordance with Florida Building Code 2017 Edition Section 1503, 1511.6, 1604.62, Plumbing section 1105, 1106, 1107,ASCE 7-10, Section 8.0 and HVAC Section 1514.4 and 1616. • Provide roof attachment and engineered fastening pattern in accordance with ASCE 7-10 and Florida Building Code 2017 Edition Roof Application Standard RAS 117. • Notice of Commencement filing with the county and fees before the start of the project. PREPARATORY WORK 1. Cut all large blisters, remove air and water and patch to the level of the roof. 2. Power vacuum or power broom all loose gravel, dirt, and debris. P a6L@gt61906f 701 3. Broom clean the entire roof. Remove all dust and dirt,then thoroughly clean with a power air blower. 4. Cut and remove all base flashings in preparation for recover install. 5. Remove roofing debris and cart away to the local dump site or landfill. 6. Remove abandoned equipment and skylights, fill in decking and insulation to match existing. RIGID ROOF INSULATION Furnish and install 3.5" inch rigid roof insulation with an aged R-Value of 20.5 over office area only. Additional tapered insulation to be installed to facilitate proper drainage. OVERLAY HARD BOARD INSULATION Furnish and install 0.5 inch DensDeck Prime roof deck insulation to entire deck. All boards to be mechanically fastened utilizing coated fasteners and plates with the base layer of insulation. TAPERED CRICKETS AND SADDLES Furnish and install tapered Poly-Iso insulation between scuppers or drains with an 1/2 inch per foot slope. HIGH PERFORMANCE SINGLE PLY KEE-PVC ROOFING SYSTEM Furnish and install new 60 MIL Carlisle Sure-Flex fleeceback Kee-PVC high performance roofing system. Membrane to be adhered to insulation utilizing local code and manufacturer approved bonding adhesive applied per engineered specifications. Advanced Roofing, Inc. is an approved applicator of Single Ply Systems for Carlisle. VERTICAL FLASHING SEPARATOR BOARD Furnish and install new 1/2" Plywood mechanically attached at walls with scuppers only.This work performed to repair scupper replacement at facade walls. KEE-PVC WALL/CURB FLASHINGS Furnish and install new fully adhered 60 MIL Carlisle Sure-Flex fleeceback KEE-PVC membrane applied to prepared vertical surfaces utilizing solvent based bonding adhesive per manufacturer approved details. MISCELLANEOUS INSTALLATIONS 1. Top of all base flashing to be secured with a 1/8"thick aluminum termination bar. Same to be sealed with a caulk bead of sealant. 2. Shop fabricate and install new PVC Clad metal drip edge. Set same in sealant and flash per manufacturer's recommendations. 3. Shop fabricate and install .032 kynar aluminum surfacing mounted stucco stop. All metal to be nailed off for proper securement and sealed with a caulk bead of sealant. 4. Shop fabricate and install new.032 kynar aluminum metal collector leader heads at the top of all downspouts. 5. All existing downspouts to remain in place. 6. A/C condenser on low stand to be raised onto new aluminum hurricane stand per city code. 7. Electrical conduit on wall removed and installed onto roof mounted stands. 8. This work to be performed by Advanced Roofing, Inc.'s "in-house" state licensed Air Conditioning Division. 9. City or county roofing permit, crane and sales tax are included. Pa6agfto6f 701 10. Digitized roof drawing and photographs depicting work areas and details for this work scope are attached. CODE ACCESS Price is based on easy access. If other arrangements are necessary, then the price will be adjusted accordingly. CLARIFICATION & EXCLUSIONS • All costs associated with utility line interface with roofing activities are excluded from this proposal. If utilities exist on the roof it is the owner's responsibility to pay for any required utility protection, shutdown, and standby power to allow for ARI to safely execute the project. • Proposal includes the required materials and work to replace scuppers and leaderheads in wood facade to include repairing the roof side walls. Concrete walls to be repaired using plywood. GUARANTEE Twenty-five (25)year No Dollar Limit(NDL) guarantee on materials and labor by Carlisle with 16 hours of puncture warranty. CONTRACTOR'S WARRANTY Two (2)year guarantee on materials and labor by ARI Insurance Inc. Reference Sunrise Contract Bid#19-17-12-HR Line Item#1A A)Asbestos Abatement $20,000.00 Allowance Line Item#113 Allowance for permits $10,000.00 Line Item#313b Install insulation or coverboard: 3 locations= 13,250 S.F. @ $46,375.00 $3.50/S.F Line Item#7b Install 18"flexible flashing: 3 locations = 275 L.F. @ $20.00/L.F. $5,500.00 Line Item#11Db Install Aluminum Drip Edge: 3 location =860 L.F @ $16.00/L.F $13,760.00 Line Item#14 Install equipment stand: 1 @ $750.00/ EA $750.00 Line Item#22 Install vent flashing: 3 @ $75.00/ EA $225.00 Line Item#23A Install scupper: 10 @ $150.00/ EA $1,500.00 Line Item#26A Work supervisor regular rate: 100 hours @ $50.00/HR $5,000.00 Line Item#2613 Workjourneyman regular rate: 100 hours @ $75.00/HR $7,500.00 Line Item#26C Work roofer's helper regular rate: 100 hours @ $55.00/HR $5,500.00 Line Item#28c Install TPO: 3 locations= 13,250 S.F. @ $4.50/S.F. $59,625.00 Line Item#44 Supplies not listed: $30,000.00 x 25% $37,500.00 Line Item#45 Crane Allowance $10,000.00 Pa6agfAo6f 701 Line Item#46 Annual inspection: 13,250 S.F. @ $0.06/SF $795.00 QUOTATION FOR THE SUM NOT TO EXCEED TWO HUNDRED TWENTY FOUR THOUSAND AND THIRTY DOLLARS $224,030.00 ROOF SAFETY UPGRADE#1 -KEEHATCH SAFETY RAIL SYSTEM -24 0 Furnish and install OSHA approved KeeHatch Safety Rail System at existing roof hatch locations to provide safe access to and from the roof.This system also protects the roof opening while the hatch is open. OSHA Code: 1910.28(b)(3)(iv) QUOTATION FOR THE SUM OF FOUR THOUSAND AND FOUR HUNDRED EIGHTY FIVE DOLLARS $4,485.00 UNIT PRICES Replace Damaged or Deteriorated Lightweight Concrete $15.50 per SF OVERFLOW SCUPPERS Any additional overflow scuppers required to be installed will be provided at a cost of$2,500.00 each. Any additional overflow scuppers required to be enlarged will be performed at a cost of$1750.00 each. We have financing partners that can provide financing for any size job. Please let us know if you are interested and we can provide the information upon request. Extended guarantees are available with a maintenance program. Our work is done in a workmanlike manner by trained, qualified mechanics using the latest technical equipment for the job. During the course of the job the progress,workmanship and housekeeping is documented and reviewed by management for quality control. As always, ADVANCED ROOFING, INC. is "Committed to Quality". Customer/Owner acknowledges that during the course of the roof removal process it is possible for debris, including but not limited to, insulation or roofing fabric, to fall inside the structure. ARI will use its best efforts to minimize such an occurrence. However, the parties stipulate and agree ARI shall not be liable for any claim, loss, or damage associated with debris falling inside the structure during the roof removal process regardless of the cause. Customer/Owner shall keep all persons or property free and clear from under the work area in order to minimize any potential claim, loss, or damage. Safety and protection of the property is our concern and we take precautions to protect people and property from damage or injury during the course of the job. All work areas will be cleaned daily and equipment will be removed immediately upon completion of work. Notice to Owner: Due to extreme volatility in asphalt, insulation and steel product prices,the price set forth in this proposal/contract applies only to orders for asphalt, insulation and steel products that are ordered and paid for within thirty(30) days of the date of this proposal/contract. All other orders shall be subject to change based upon change in the price of asphalt, insulation and steel related products charged to Advanced Roofing, Inc. Pa6agf?12 f 701 Advanced Roofing shall either pay for all materials within this time period, OR adjust the bid to accommodate their intended method of payment OR notify the Owner in writing when pay request is subject to an up-charge. TERMS OF PAYMENT 1. For AIA Contracts and Advanced Roofing, Inc.Contract Proposals over$100,000.00 A. Per AIA 702 and 703 Schedule of Values/Progress Payments. B. 10% retainage to be paid upon delivery of permit final, warranties, and Final Releases of Lien. ATTENTION PROPERTY OWNERS-DON'T JEOPARDIZE YOUR INSURANCE We are fully and properly insured, in addition with our base coverage of 1 million, 2 million aggregate,we also carry an additional $25,000,000 in excess coverage. Proof of insurance will be sent upon request. It is in the best interest of the owner to make sure a contractor carries the amount of insurance as stated above and ask for proof. Thank you for the opportunity to bid on this work. Should you have any questions or require any additional information, please do not hesitate to call. Pa6ag,ffbo6f 701 EXPERIENCE MATTERS. �IIIIIIf�IINMii�llll�rrw� �, I ESTABLISHED 1983 Florida's Premiere Commercial Roofing Contractor Committed to Quality All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications involving extra costs will be executed only upon written order,and will become an extra charge over and above the estimate.All agreements continent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado,and other necessary insurance. Steven Schoen Authorized Signature: Printed Name:Steven Schoen NOTE:This proposal may be withdrawn by us if not accepted within Owner is responsible for asbestos testing and related cost to remove. 30 days. Acceptance of Proposal The undersigned as(check one) 11 Owner Authorized agent of Owner hereby accepts and agrees to the prices,specifications and conditions indicated above and on the reverse side of this contract. Accepted: Signature: Date: Signature: *Terms&Conditions on last page(s) apply. State License:CCC 024413 Pa6agt o6f 701 FINANCE&ADMIN.SERVICES DEPARTMENT omu CITY OF Purchasing Division Phone:954-572-2274 Fax: 954-5784809 SUNRISE L 0R I D A May 24, 2019 Sent Via Email michaelkg,advancedroofing.coin Mr. Robert P. Kornahrens Advanced Roofing, Inc. 19520 NW 22nd Street Ft Lauderdale, FL 33311 Phone 4 954-522-6868 (Emergency Phone 4 305-720-0733) Vendor No. 438 Tyler-Munis Contract No. 2019000166 Subject: Award—Bid Title: Roofing Maintenance and Repairs Bid No. 19-17-12-HR Mr. Kornahrens, I would like to inform you that the City of Sunrise Commission awarded the above referenced bid for Roofing Maintenance and Repairs on May 14, 2019. Please be advised that your firm was awarded the above referenced bid. Please see the attached documentation that provides a more detailed breakdown. The contract period shall be for three years, June 1, 2019 through May 31, 2022 with three (3) additional one (1) year renewals thereafter providing all terms and conditions remain the same. If I can be of further assistance, please do not hesitate to contact me at 954-572- 2202. Best Regards, Holly Raphaelson, MBA, C.P.M., CPPO, CPSM Contracts Administrator cc: Ania Krumenacker, Administrative Officer 11, Utilities Attachment: Schedule "A" (24 pages) 10770 West Oakland Park Boulevard, Sunrise, FL 33351 Page 175 of 701 BID TITLE:BID 19-1712-HR BID NUM33ER-ROOFING MARqTENANCE&REpAIRS SECTION 6- BID SUBMISSION PACKAGE ®r r. CITY OF SUNRISE BID SHEET & CERTIFICATION ALL BIDS SHALL REMAIN VALID FOR NINETY(90) DAYS AFTER BID OPENING The undersigned bidder agrees to fumish all labor, tools, material and supplies, and to sustain all the expense incurred in doing the work set forth below that may be awarded the undersigned by the City of Sunrise,Florida,through its proper officers,and to do the same strictly in accordance with the plans and contract documents on file in the Office of the City Engineer of Sunrise,which are referred to below and made a part hereof,at the following unit prices,to-wit; The following unit prices are associated with roofing,re-roofing and roof repair components.Please be comprehensive in filling out the items involved below. Two (2) or Three (3) levels of work scope are indicated for most of the Proposal items. Small repair jobs from 0 to 500 square feet(S.F.),medium size roofing jobs 501 to 10,000 S.F.,and large roofing jobs over 10,001 S.F.An approximate quantity is also provided and the "unit price" and total blanks to be completed by Bidder. All proposal line items shall include maintenance, insurance,overhead,and other fixed costs. Please complete the following: Dzsc bid shall include: ROOF MANUFACTURER'S NAME: Carlisle ROOF BRAND NAME: Carlisle INSULATION MANUFACTURER'S NAME: Carlisle INSULATION NAME: Carlisle ROOFING SYSTEM WARRANTY&PERIOD: 20 year No Dollar Limit(N.D.L.) Addition a 717 T57year warranty offer-e-d-w-77— Manufacturer's Preventive Maintenance Program Revised 6/27/18 Page 47 Page 176 of 701 BID TIfLE:BID 19-17-12-HR BID NUMBER. ROOFING MAINTENANCE&REPAIRS A) Prior to Contractor beginning any other work at the site, Contractor shall remove the asbestos containing material using a licensed asbestos abatement Contractor. Removal shall be in accordance with the asbestos test laboratory survey report recommendations provided by the City. This allowance is to reimburse the Contractor for the actual cost incurred from asbestos abatement and it does not include any incidental costs. The proposed cost for asbestos abatement shall be approved prior to performing the work. A copy of the receipt is required for payment. ALLOWANCE TOTAL B) ALLOWANCE for Permits.Contractor markup and overhead is disallowed.Payment shall be based on actual bona fide receipts. ALLOWANCE 1() 000 00 TOT Fumish all materials, labor,and equipment for existing roof tear- off, including existing insulation board, down to substrate.This item also includes all disposal costs. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:Q Locations = 500 S.F@$_1.00 IS.F. $__2,50 .0 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately:Q Locations = 7.,500 S 4.00 IS.F. =$-310-00".0.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: M Locations =25,000 SY @$3.00 1S.F. =$ 75,000.00 TOTAL ITEM 3: Furnish all materials, labor, and equipment to install approved isotherm or polyisocyanurate rigid insulation board tapered, based on I Y2 inches thickness, fufly attached to substrate. A) Mopped in: a) Small Roof Repair Areas: 0 S.F. -Soo S.F. Approximately: Q Locations -: . 2,000-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately:Q Locations = 7 ,500 SY @$_1.50 IS.F. = 26,250.00 TOTAL Pevised 6/27/19 Page 48 Page 177 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER:ROOFING MAINTENANCE&REPAIRS c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:0 Locations = 25,000 SY @$_I-_501S.F. 62,500-00 TOTAL B) a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately.-0 Locations 500 S.F@,$_�-00 IS.F. 2,500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately:Q Locations =.7 500 SY @,k3.50 IS.F. =$ 26 250.00 TOTAL c) Large Roof Repair/Replaccent Areas: Over 10,001 S.F. Approximately:M Locations = 25.0 0 SY @,$.�-50 IS.F. =$_§2,500-00 TOTAL Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet,with vent sheet,without insulation. a) Small Roof Repair Areas: 0 S.F.-500 S.F... Approximately:Q Locations = 500 S.F@ L9.00 IS.F. 4,500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately:0 Locations = 7. S @ . 30,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:W Locations =2500 S.F @,$ -_501S.F. , 62500-00 ,Q _I TOTAL LTYJU_I: Furnish all materials, labor, and equipment to install 4 ply modified bitumen system, with 2-ply base flashing, anchor sheet,without vent sheet(uninsulated applications). A) N2WLqL= a) Small Roof Repair Areas: S.F. Approximately:J2 Locations = 500 S.F@$ .00 ISY. $ 3,500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately: 2 _Q Locations = 7,500 S.F@,$.1.00 1S.F. 30,000-00 TOTAL Revised 6/27/18 Page 49 Page 178 of 701 BID TITLE:BID 19-17-12-HR BE)NUMBER: ROOFING AIAJNTENANCE&REPAIRS c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:- 41 Locations =46.200 S. 2. IS.F. S 92,400.00 TOTAL B) a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:_21 Locations =— 500 S.F@$_L.00 IS.F. TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately:_21 Locations = .5 S.F@$�5 . 0 �00 SF TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U3 Locations = 25.000 SF @$3.00 IS.F. $ 75,000.00 TOTAL C) a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:-L21 Locations = 500 S.F@$_L2.00 IS.F. =$ 6,000-00 TOTAL b) Medium Roof Repair/Replaccrnent areas. 501 S.F. - 10,000 S.F. Approximately:_2 Locations =_7,.�00 S.F @$4.00 IS.F. = $ 30,000.00 TOTAL c) Large Roof Repair placement Areas: Over 10,001 S.F. Approximately:-U3 Locations =25 S.F62500.00 000 S.F@$2.50 . =$ , TOTAL D) Aluminum ligof Coafing ffar i for hlggk roof(fiH1 fil Min,); (Such as 'Apoch' Premium Rubberized Aluminum Roof Coating) a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-L21 Locations =— 500 S.F @ k8-00 IS.F. =$._ 4,000-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-Q Locations = 8-800 S.F @ 3.75 IS.F. =$ 33,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_ 40 Locations = 46,200 - F._501S. .00 S.F@$.L TOTAL Revised 6127/18 Page 50 Page 179 of 701 BID TTTLE:BID 19-17-12-HR BUD NUMBER: ROOFING MAnqnNANcE&REPAiRs Furnish all materials, labor,and equipment to install approved cants, I Y2 inches thickness by 3%Z inches wide. a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:_Q Locations = 25 L.F@$.5-00 11-F. 125.00 TOTAL b) Medium Roof Repair/Replacernent areas. 501 S.F. - 10,000 S.F.L Approximately:_Q Locations = 90 L.F@ TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F.L Approximately:_L41 Locations =. 200 L.F@ . n100-00 TOTAL 2: Furnish all materials, labor,and equipment to histall flexible, non-metallic flashings, 18 inches wide. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately: 2 Locations = 25 L.F @$.10.00 ALF. 500-00 TiffAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately:-U2 Locations =_ 90 LY(a),$_20.00 11-F. = IJ800.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY - 3,_000.00 TOTAL LTEAU: Furnish all mauxials, labor, and equipment to install built- up roof rqjpak/replacement, including pea gravel protection. a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:_L] Q Location = 450 . $_LO-00 IS.F. =S 4,500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-15,000 S.F. Approximately:-U2 Locations = 12.000 . .F. = $ 24,000.00 TOTAL LTZdBU: Furnish all materials, labor, and equipment to install built-up roof pea gravel. a) Small Roof Repair Areas: 0 S.F. S.F. Approximately:-U1 Location 450S. 10.00 IS.F. - TO b) Medium Roof Repair/Replacement areas. 501 S.F. -15,000 S.F. Approximately. 21 Locations = 12,0001 .F. 36000.00 TOTAL Revised 6/27/18 Page 51 Page 180 of 701 BID TITLE:BID 19-17-12-HR BID NUMBEW- ROOFING NIAR41MNANCE&REPAIRS IIEUa: Fumish all materials, labor, and equipment to install wall sheet metal flashing,2 -gauges `nless steel, 8 inches wide. a) Small Roof Repair Areas: 0 S.F.-5 S.F. Approximately:_ 21 Locations 25 12-00 &F. 300.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,900 S.F. Approximately:-20 Locations =— 90 L. $�10-00 &F. =$ 900.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-4 Locations = 200 LY @$_2.50 IL.F. 1,700.00 TOTAL Furnish all materials, labor, and equipment to install continuous 4-inches metal drip edge. A) U,fz a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:_U2 Locations =— 25 :L.F @$ 18.00 ILF m $ 450.00 TOTAL b) Medium Roof Repair/Replaccment areas. 501 S.F. - 10,000 S.F. Approximately:_(2 ILF. $ 1,350.00 Locations =— 90 L.F@$_LS.00 TOTAL c) Large Roof Repair/Rcplacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY @$.10-00 1Z.F. $ 2,000.00 TOTAL a) Small Roof Repair Areas: 0S. . -500 S.F. Approximately:,L21 Locations = 25 L.F@$_L9.00 ILE S 475-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.- 1 ,000 S.F. Approximately:-U2 Locations =— 90 L.F 16.00 ILF. = $ 1,440-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately. -4 Locations = 200 LY @$_L1-_00 /,LF. = $. 2,200-00 TOTAL C) CQUW a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-Q Locations = 19-00 IL.F. 475-00 TOTAL ---------------------------- -------------------------- RevisW 6/27/18 Page 52 Page 181 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER-ROOFING MAIWENANCE&REPAIRS b) Medium Roof Repair/Replacement areas. 501 S.F. -1 , . Approximately:-20 Locations = 0 L. $ 6.00 11_F $ 1,440.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_ 41 Locations v 200 LF @$.11.00 11-F. S.- 2 00.00 TOTAL D) a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:flj Locations = 25 L.F@$ 19.00 &F. = 475.00 TOTAL b) Medium Roof Repair/Replacement areas. . 501 S.F.-10,000 S.F. Approximately:_21 Locations = 90 L. $16-00 ILF. $ 11440.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:- 4 Locations = 200 L. 11.00 Ar-F. S 2,200-00 TOTAL JJYJM:Furnish all materials,labor,and equipment to install wall counter flashing 24-gauge stainless steel, surface mounted with spring lock reglet and 24-gauge stainless steel flashing, 6- inches vertical. a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-Q Locations = 25 L. Q0.00 IL.F. 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately:-Q2 Locations =- 90 L.F@$18-00 ILF. w. $ 1,620.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY @$15-00 ILF. $ 3,000-00 TOTAL JJEHJJ: Furnish all materials, labor,and equipment to install metal coping cap, snap-lok system, 8-inches wide. A) 24 Ga a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately: Locations = 25 LY I.:.00 &F. 525-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-U2 Locations =- 90 LY @$19-00 ILF. $--1,710-00 TOTAL Revised 6/27/18 Page 53 Page 182 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER ROOFING MAINMNANCE&REPAIRS c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 20 16.00 ILF. $ 3,200.00 TOTAL B) 24 Game Stainlis-&W a) all Roof Repair Areas: 0 S.F. -500 S.F. Approximately:-0 Locations = 25 L.F@$_L2.00 IL-F. 550-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -10,000 S.F. Approximately. _ 2 Locations =— 90 L. k20-00 11-F. $ 11800-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200--LY @$17-00 ILF. = 3$40 . TOTAL C) UMMUMi yr a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:_L21 Locations 25 LY @$�22-00 II-F. 550.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-(2j Locations = 90 L.F@$.LO.00 11-F. = $ 1800.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-i U4 Locations =. 200 LF @$17-00 II-F. $ 3,400-00 TOTAL ITEM 11: Furnish all materials, labor, and equipment to install pipe mounting pedestals(4),with equipment rail(3 feet x 3 feet),and flashing, IS inches high. Approximately:� @$Z50.00 1EACH 3,000.00 TOTAL Furnish all materials, labor, and equipment to install pitch pocket,for 6-inch diameter vertical element. Approximately:—L41 @$.175-00 1EACH 700-00 TOTAL LTIARJI:Furnish all materials,labor,and equipment to install pipe or duct mounting roof pedestal, 18 gauge galvanized steel complete with flashing, 12-inches high. Approximately:-- 4 —11-1-0-0.00 TOTAL Revised 6/27/19 Page 54 Page 183 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER:ROOFING MAINTENANCE&REPAIRS Tumish all materials, labor, and equipment to install roof penetration flashings, stainless steel 26 GA.,with sealant cover, for vertical 6-inch diameter element, 9 inches high, umbrella type. Approximately: (4) @ S 200.00 CH S_800.00........... TOTAL RUM Furnish all materials, labor, and equipment to install 12 inches high, 3 feet wide x 3 feet long, roof equipment support curbs, 1'/z inches thick 3 lbs.,rigid insulation, 18 GA.,Galvanized steel shell,base plate and fully mitered 3 inches cant. Approximately: (4) @S450.2L_1EACH $ 1,800-00 TOTAL Furnish all materials, labor,and equipment to install rubber boot flashings for vertical round penetrations, typically vent stacks, 4-6 inches diameter, 8 inches high,complete with stainless steel clamps. Approximately: (4) @-L72_0_0jEACH $ 300.00 TOTAL LEEM 20: Furnish all materials, labor,and equipment to install 6-inch roof drains,standard dura-coated cast iron,steel inserts with strainer, and clamps(by Zurn, or City approved equal). Approximwely:__U4 @I_L,200.00 IE 4 CH 4,800.00 TOTAL LTYdWM: Furnish all materials, labor, and equipment to install expansion joint cover,without blocking. a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:-U2 Locations = 2 . = $ 750-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10, S.F. Approximately:-21 Locations =— 90 L.F@ .25.00 /y_F. $ 2,250.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY @$_LO.00 ILF. $ 4,000.00 TOTAL LT.EH=:Furnish all materials, labor,and equipment to install plumbing vent flashing, lead sleeve and coupling, installed 4-inch pipe, Approximately: (4) @$_L5.0 0 IZ 4 CH S_ 300.00 TOTAL ---------------------------- Revised 6/27/19 Page 55 Page 184 of 701 BID TITLE:BID 1917-12-HR BID NUNMER:ROOFING MANTENANCE&REPAMS Furnish all materials, labor, and equipment to install 8 inches high x 16 inches wide metal scupper,(4)sided with integral drip strip and surface refilet flashing. A) 24 Gauge Galvanized Steel: Approximately: (4) @$L50.00 1F,4CH $ 600-00 TOTAL B) 24 Gauge Stainless Steel Approximately: (4) @ k30O.00 1EACH $ 1,20000 TOTAL LTYAM_U: Furnish all materials, labor, and equipment to install 6-inch diameter leader. A) 24 GauLEWunind 51cd a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-Q Locations = 25 L.F@$�12-00 ILF. 300-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-U2 Locations =— 90 L.F@ 10.00 /L F. $ 900.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY @ 4.10-00F anew $ 2,000.00 J_ TOTAL B) 24 Gauge Stainless Stmi a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:- 20 Locations = 25 L.F@ 20-00 ILF. $ 500.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately:_Q Locations = 90 L.F@$,_L5.00 1,LF. $_ 1350.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately: (4) Locations = 200 LY @$_15.00 IL.F, $ 3,000.00 TOTAL C) AmdkdAllwium a) Small Roof Repair Areas: 0 SY. -500 S.F. Approximately:-U2 Locations = 25 L. 18-00 II-F. $ 450-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. -1 , S.F. Approximately:-2 Locations =_ 90 L.F@$ 3.00 ILF. $ 1,170.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:- 41 Locations = 200 L. 13-00 II-F. $ 2,600D0 TOTAL MRNHEZJEL�- Revised 6/27/18 Page 56 Page 185 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER. ROOFING MAINTENANCE&REPAIRS ME= Furnish all materials, labor, and equipment to install continuous 4-inch-wide metal gutter system. A) u &W a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:- 21 Locations = 25 L.F@ k5-00 1L.F. 125.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:_Q Locations =— 90 L.F@$'5.00ILF. 450.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:- 40 Locations = 200 L. . 1,000.00 TOTAL B) a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-Q Locations = 25 L. $.LO.00 ILF. 500-00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F. - 10,000 S.F. Approximately:-U2 Locations =— 90 L.F@$12.00 1,080-00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:_U4 Locations = 200 LY @$_12.00 ILF. $ 2,400-0Q TOTAL C) a) Small Roof Repair Areas: 0 S.F. -500 S.F. Approximately:-L21 Locations = 25 L. $18-00 IL.F. $ 450.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.-10,000 S.F. Approximately:-Q Locations =— 90 L.F@$LIO-00 ILF. = $ 900.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,001 S.F. Approximately:-U4 Locations = 200 LY @$�10-00 IL.F. = $ 2,000-00 TOTAL LTZJM2&:The following time costs are for emergency work only as authorized by the City of Sunrise: A) Supervisor(Labor price should be included in your bid for items indicated) Regular Rate Approximately: 500 Hours @$ 50-00 IHOUR 25,000-00 TOTAL Revised U27/1 8 Page 57 Page 186 of 701 BID THLE:BID 19-17-12-HR BID NUMBER.ROOFING WJNTENANCE&REPAIRS Overtime Rate Approximately: 200 Hours @$50.00 IHOUR $ 10,000.00 TOTAL B) o a (Labor price should be included in your bid for items indicated) Regular Rate Approximately: 500 Hours @$7 . = 37,5 TOTAL Overtime to Approximately: 200 Hours 75-00 = $ 15,000.00 TOTAL C) Roofer's Helper(Labor price should be included in your bid for items indicated) Regular Rate Approximately: 500 Hours @$55.00 IHOUR $ 27,500.00 TOTAL Overtime Rate Approximately:200 Hours @$ 55-00 IHOUR 111-000-00 TOTAL 11EBLE: Furnish all materials, labor, and equipment to install 60 Mil, Type II, fabric reinforced Uniform EPDM with a Class 'A' Rating. The membrane is to be mechanically fastened through the metal deck system (approved warranty method as manufactured by 'Carlisle Syntec' for existing warrantied system. a) Small Roof Repair Areas: 0 S.F. -200 S.F. Approximately:- 20 Locations =. 500 S. $�2.00 1S.F. = 1,000-00 TOTAL b) Medium Roof Repair/Replacement areas. 200 S.F.—2,000 S.F. Approximately:-20 Locations = 1.500 SY @ k1-50 IS.F. TOTAL c) Large Roof Repair/Replacement Areas: Over 2,000 S.F. Approximately: 4 Locations = 5 _,200 S.F@kO.75 TOTAL Revised 6/27/18 Page 58 Page 187 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER:ROOFING MbAJNTENANCE&REPAIRS Furnish all materials, labor, and equipment to install 60 Mil, fabric reinforced Uniform TPO (Thermoplastic Polyolefin Sheet) with exposed white face, min. SRI 78, fully adhered / mechanically fastened system as manufactured by 'Carlisle Syntec for existing approved warrantied system. The membrane is to be mechanically fastened through the metal deck system or adhered to concrete deck (approved warranty method as manufactured by 'Carlisle Syntec' or other manufacturer for existing warrantied system). a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:-U2 Locations =— 500 S. $±-00 IS.F. TOTAL b) Medium Roof Repair/Replacement areas. 500 S.F.—3,000 S.F. Approximately. -21 Locations = 3,500 S.F@ 3.50IS.F� = S 12,250.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 3,000 S.F. Approximately:_L31 Locations =25,000 S.F @$4.50 IS.F. 112,500-00 TOTAL LILY.22: Furnish all materials, labor, and equipment to install Built Up Coal Tar Roofing system with membrane ply sheets as indicated. a) Small Roof Repair Areas: 0 S.F.-500 S.F. Approximately:_U2 Locations = 500 F @$.LOO IS.F. 3,000.00 TOTAL b) Medium Roof Repair/Replacement areas. 501 S.F.—10,000 S.F. Approximately:_U2 Locations = 3,500 S @�'6-00 IS.F. =$ 21,000.00 TOTAL c) Large Roof Repair/Replacement Areas: Over 10,000 S.F. Approximately:-U4 Locations =22,200 SY @ k6-00 IS.F. S 133,200.00 TOTAL JILALM:Furnish all materials,labor,and equipment for existing roof tear- off,down to substrate.This itern also includes all disposal costs. A) a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:f3 I Locations =.1.5 -50 IS.F. 9,750.00 TOTAL b)Medium to Large Roof Repair Area 501 S.F. and Up Approximately: Locations = 2 000 S @$L6._001S.F. $ 12,000.00 TOTAL Revised 6/27/18 Page 59 Page 188 of 701 BID TITLE.BID 19-17-12-HR BID NUMBER.ROOFING NWNTENANCE&REPAIRS B) Canlam i a) Small Roof Repair Area: 0 . . -5 . Approximately:_3 Lo cations = 1,50 & 12.00 IS.F. 18,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: 2 Locations =2.000& .F. = ,000-00 TOTAL C) Standing Seam Mehl a a) Small Roof Repair Area: 0 S.F. S.F. Approximately: 31 Locations = 1.500 IS.F. = $ 22,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:-LI Locations =2,OOOS.F@$�13-00 IS.F. = $ 26,000,00.2 TOTAL D) a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately: 3 Locations = 1,500 S.F @$ 15.00 IS.F. = $ 22,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: U 2 Locations = 2.000 S.F@$13.00 IS.F. — $ 26.,000.00 _ TOTAL LTZMZ: Furnish all materials, labor,and equipment for the replacement of deteriorated wood substrates. A) d; a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_Q I Locations = .1.500 S. ,500 F@ S4.50 IS.F. $ 6,750.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:-2 Locations =_2,000 . 3.50 AF. $__7 000-.00 TOTAL B) -jug a) Small Roof Repair Area: 0 S.F. Approximately: 31 Locations =.1,500 F @$10-00 IS.F. = $ 15,000.00 TOTAL Curved Roof: (1)Location =-1,500S.F@$_LO.00 IS.F. = $_ 15 000.00 TOTAL Revised 6/27/18 Page 60 Page 189 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER. ROOFING MAINTENANCE&REPAIRS b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_0 Locations =2. 00 SY @$8._00IS.F. 16,000-00 0 TOTAL CurvedRoof.- (])Location =Z500S.F@$8.00 IS.F. = 20,000.00 TOTAL Furnish all materials, labor,and equipment to install the underlayment materials. A) ShgSj, a) Small Roof Repair Area: 0 . .-5 . Approximately. - 30 Locations = 1.5 00 S.F @$0.:5 0 IS.F = 75000 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_Q Locations = 2 00-0 S.F @$2.40 IS.F. = S 800.00 TOTAL B) 30 Us, Felts WurzW.rz anis: a) Small Roof Repair Area: 0 SJNT.-500 S.F. Approximately:_0 Locations = I _L500 SY @ 2._00IS.F. 3 000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. -2 Locations =2,000 S.F @ 2.50 IS.F. 5,000.00 TOTAL C) Ed U- 0tring underly et granular faces hset_55 ia. f1halass that rrjnfatwdand 1H5_awhA1L a) Sm Roof Repair Area: 0 S.F. -500 S.F. Approximately:-U3 Locations = I.500 S @$.L.00 IS.F. 6,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:fl I Locations =_2.1I00 SY @ k3-50 IS.F. 0 TOTAL D) a) Small Roof Repair Area: 0 S.F. S.F. Approximately:_L31 Locations = 1,500 .S.F @$1.00 IS.F. $ 7 500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:L21 Locations =2,000S.F @$±-_501S.F $ 9,000.00_ TOTAL Revised 6/27/18 Page 61 Page 190 of 701 BID TITLE:BID 19-17-12-HR BID NUMER, ROOFING MAINTENANCE&REPAIRS E) L a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_L31 Locations 1,500 SF $.s-00 IS.F. $ 7,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_Q Locations =2.000 S.F@$.4-50 $ 9,000-00 TOTAL F) d Jlisfi.BtS.E. r-asin liald a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_L31 Locations = 1,500 SY @$_0.50 IS.F. 750.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_Q1 Locations =2 F @$_2-25 I&F 500-00 TOTAL Furnish all materials, labor, and equipment to install pressure treated blocking. A) a) Small Roof Repair Area: 0 S.F.-.500 S.F. Approximately:-U3 Locations = 100 L.F. @$1.00 ILF. 500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _Q 1 Locations = 300 L.F. @$A.00 II-F. $_1 200.00 TOTAL B) a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately: 3 Locations = 100 L.F. @$1.00 IL.F. 600-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:-Q2 Locations = 300 L.F. @$.�.00 ILF. $__1 500.00 TOTAL C) a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:-U3 Locations = 100 L.F. @$_10-_001L.F. =u 1000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: 21 Locations = 300 L.F. ,400.00 TOTAL Revised 6/27/18 Page 62 Page 191 of 701 BID TfrLE:BID 19-17-12-HR BID NUMBER. ROOFING MAWMNANCE&REPAIRS : Furnish all materials, labor, and equipment to install sheet metal flashings and trim. A) 24 GAe ss tod Brim Ed=—A:ijich a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:-Qj Locations = 100 LY @$12.00 1L.F. TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_U2 Locations = 300 L.F. @$_10.00 ILF. $ 3,000.00 TOTAL :Furnish all materials, labor,and equipment to install metal gutter. A) fi-jugh x a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately: U 3 Locations 100 L.F. @$25.00 ILF. S 2 500.00 - TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:21 Locations = 300 LY @$10.00 II-F. 6,000.00 TOTAL B) Liar. 1. minum GRUIE a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately:_U3 Locations = 100 L.F. @$17-00 1L.E S 2 700-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: (2) Locations . S 6 600.00 TOTAL Furnish all materials, labor, and equipment to install rigid standard ridge vent, high density polypropylene or UV- stabilized plastic. a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately:-Qj Locations 100 L. 10-00 IL.F. $ 1 00-00 0 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately:M Locations = 300 L.F. @$.E.00 IL,F. = $ 2,400.00 TOTAL Reviwd 6/27119 Page 63 Page 192 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER. ROOFING AIARqTENANCE&REPAIRS Fumish all materials, labor, and equipment to install glass fiber reinforced asphalt shingles, mineral-granular surfaced self- sealing. a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_Q1 Locations = I F .F. = 6,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately:12J Locations =2,000 SY @ 3® IS.F. = TOTAL 38:Fumish all materials, labor, and equipment to install 20 oz. Copper shingles 34-inches x 12-inches,2 clips per panel. a) Small Roof Repair Area: 0 S.F. -500 S.K. Approximately:- 30 Locations = 1.50 SF'@$_L5-00 IS.F. = $ 22,5 00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up. Approximately:- 20 Locations =2.000 SF @$15.00 IS.F. = $__ 30,000.00 TOTAL JITEM 32: Furnish all materials,labor,and equipmek to install galvanized steel sheet, .0276 inch with siliconized polyester coating. A) Standing Sea a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_U3 Locations = 1,500 SY 16-00 IS.F. 24 000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:-L21 Locations 2,000 S @ k15-00 IS.F. S 30,000.00 TOTAL B) Batten Seam a) Small Roof Repair Area-, 0 S.F. -500 S.F. Approximately:_Q1 Locations 1,500 SY $.LO.00 IS.F. $ 15,000-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F.and Up Approximately:-U2 Locations =2.000 SY @$9-00 IS.F. = S 18,000-00 TOTAL Revised 6/27118 Page 64 Page 193 of 701 BID TITLE.BID 19-17-12-HR BID NUMBER:ROOFING MAINTENANCE&REPAIRS Furnish all materials, labor, and equipment to install aluminum sheet, coil coated alloy, .040 inch with siliconized polyester coating. A) Standing Scam a) all Roof Repair Area: 0 S.F. -500 S.F. Approximately:-U3 Locations = 1 500 S.F@ k17-00 IS.F. = k 25,500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately. _0 Locations =2,000 S.F @ S_16-00 IS.F. = $ 32,000.00 TOTAL B) D&JkU SOM a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_U3 Locations = 1,5 SY @$ 1;.1-00 IS.F. 16 500-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_L21 Locations = 2 _,000S.F@L10.00 IS.F. n L TUEAL C) Hal Scam a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:-U3 Locations = 1,.500&F @$_11-00 IS.F. 16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F.and Up Approximately:-0 Locations =2.000 SY @$_LO.00 IS.F. 20 000-00 TOTAL D) ng a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately:_Q1 Locations 1,500 SY @ 12-00 IS.F. 18 0 0 00 TOTAL b)Medium to Large Roof Repair Area 501 S.F. and Up Approximately:Y2 Locations =2,000 SY @$_10.00 IN.F. 20,000.00 TOTAL ...................................................................................................................................................................... Revised 6/27/18 Page 65 Page 194 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER. ROOFING MAINTENANCE&REPAIRS LTZ&HA:Furnish all materials, labor, and equipment to install clay roof tile. A) a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_U3 Locations = 1.5 S.F @$j�1.00 IS.F. = S 16,500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_U2 Locations =2,000 SF @$10-00 IS.F. = 20 000.00 TOTAL B) a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:-(31 Locations = I IS.F. 0 -�500S.F@$ 1-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F.and Up Approximately: 2 Locations =2.000 S.F @$ 10-00IS.F. $ 20,000.00 TOTAL Furnish all materials, labor,and equipment to install 4" diameter leader. A) ILGugg G&anintd Stcd a) Small Roof Repair.Asea: 0 S.F. -500 S.F. Approximately:-U3 Locations = 100 L.F. @$A._0011-F. = TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_U2 Locations = 300 L. 7.00 IL.F. = $ 2,100-00 TOTAL B) ARQA&1dAhUW2= a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:_U3 Locations = 100 L.F. @$_LOO II-F. = TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: 2 Locations = 300 L.F. F. = 2400-00 TOTAL C) a) Small Roof Repair Area: 0 S.F.-500 S.F. Approximately: 3 Locations = 100 L.F. @$ _LI.00 ILF 1,100-00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately: U2 Locations = 300 L.F. @ 10-00 ILF. 3,000-00 TOTAL ........................................................................... PwAsed 6/27/18 Page 66 Page 195 of 701 BID TITLE:BID 19-17-12-HR BID NUMBEK- ROOFING MAINTENANCE&REPAIRS LT-ENW- Furnish all materials, labor, and equipment to install concrete roof tile. A) ukh.."'a""M a) Small Roof Repair Area: 0 S.F. -500 S.F. Approximately:31 Locations = 1, . $ 15,000.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Appraximately:_U2 Locations =2,_000 S.F @ SL9,00 F. = $ 181000.00 TOTAL B) EklUnk a) all Roof Repair Area: 0 S.F. -5 S.F. Approximately:_3 Locations F@A9.00 IS.F. = $--13 500.00 TOTAL b) Medium to Large Roof Repair Area 501 S.F. and Up Approximately:_U2 Locations =2,000 S.F @$_jL_SO1S.F. $ 17,000.00 TOTAL Supplies not listed or included elsewhere MAY be purchased under this contract on a strictly COST-PLUS arrangement only. Documentation of vendor cost must be provided whd-i written (City) estimates. Provide percent markup. City staff estimates approximately $25,000 worth of this type of material will be required per year. $25,000 x 25 % $ 64250.00 TOTAL Crane Rental ALLOWANCE-based upon receipts and as authorized by the City. ALLOWANCE $ -, 20,000.00 TOTAL Revised 6/27/18 Page 67 Page 196 of 701 BID TTME:BID 19-17-12-HR DID NUMBER--ROOFING ACAJNTENANCE&REPAIRS JIF,M 4fi: Annual inspections of all roof types to be included in a Roofing Inspection Report. Roofing Inspection and Report The report will be comprehensive and include a quote for repairs formatted in line with the contract.The quote shall identify emergency,remedial and replacement cost. Report shall include but not be limited to the following: 1. All roofing inspection roofing numbering system shall conform with the City of Sunrise building numbers. Vendor shall coordinate the proper building numbers with the City representative to ensure inclusion into the report. 2. Providing information of the roof (i.e. date of installation, based on permitting documents, roof characteristics and geometry, roof type, roof square footage, and any other information that may be required). 3. Providing color images or photos, within the body of the report, identifying the roofing area, condition, and deficiencies that may require immediate attention. 4. Date of estimated need for replacement. 5. LOS as follows: A=10 or more years of service life remaining;B=8 to 10 years of service life remaining; C=5 to 7 years of service life remaining; D=2 to 4 years of service life remaining;F=Less than I year of service life remaining. NOTE: The City may increase or reduce the total number of roof quantities needed to he inspected and reported. Approximately 100,000 S.F.@$ 0.06 /S.F. v $ 6,000.00 TOTAL TOTAL BID OFFER: $ 2,312,440.00 Two Million Three Hundred Twelve Thousand Four Hundred Forty Dollars (Wilften Amount) Contingep r Pricing-EmergeROLU Charge Percen RoUrne Emergency Up Charge Percentage: 15 %up charge Advanced Roofing, Inc. Robert P President Vendor Name Name of Authorized Person Revised 6/27/18 Page 68 Page 197 of 701 BH)TITLE:BID 19-17-12-14R BBI)NUMBER:ROOFING NUMMNANCE&REPAIRS The City of Sunrise reserves the right to waive any informality in @py bid and to reject My or all bids.The City of Sunrise reserves the right to reduce or delete any of the above items. At time of award of contract, the City reserves the right to set a maximum dollar limit that may be expended on this project. Contract quantities of any or all items may be increased,reduced,or eliminated to adjust the contract amount to coincide with the amount of or necessary or to bring the contract value to within the established limit. All quantities are estimated and the City reserves the right to increase, reduce,or eliminate the contract quantities in any amount. All deliveries will be made by Common Carrier ONLY. Yes X No Delivery will be made within calendar days after receipt of purchase order. (To Be Completed ONLY If Bidder is unable to comply with gpecffled defively Mquirements indicated within the bid document If applicable, would you extend the prices bid herein to other municipalities?Award of bid is not contingent upon concurrence with this offer to other municipalities. Yes: X No: ADDENDUM RECEIPT Bidder shall acknowledge below the receipt of any and all addenda, W any, by listing the Addenda No. and date of issuance. ADDENDUM NO: N/A /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE ADDENDUM NO: /DATE Advanced Roofing, Inc. WZe-4— Robert P. Kornahrens, President Vendor Name Name of Authorized Person Revised 6/27/18 Page 69 Page 198 of 701 BID TITLE:BID 19-17-12-HR BID NUMBER:ROOFING MAINTENANCE&REPAIRS SCHEDULE "N' (Continued) 1,the undersigned hereby agree to furnish the hems and/or services described in this Invitation for Bid. I certify that I have read the entire document, including the Specifications, Requirements, terms & Conditions and Schedules, and agree to furnish the items and services under the requirements of the Bid. I also certify that this Bid is submitted without prior understanding, agreement, or connection with any corporation, firm or person submitting a Request for Submittal for the same materials, services, and supplies and is in all respects fair and without collusion or fraud. The Respondent certifies by his/her signature that the person signing this Certification is authorized to bind the firm by their signature. Company Name: Advanced Roofing, Inc. Address. 1950 NW 22nd St. City Fort Lauderdale State FL Zip 33311 Phon e#-(954) 522-6868 Fax# (954) 566-2967 E-Mail Signature: Title President micFaelk- advance roofing.com Printed Name: Robert P. Kornahrens FEID or Social Security No. 59-2360591 SOCIAL SECURITY NUMBER COLLECTIQN DISCLOSURE STATEMENT Please be advised that pursuant to Section 119.071(5) (a) 2.a., Florida Statutes, the City of Sunrise CCity) discloses that the City requests your social security number for the purpose of payroll eligibility verification, processing employment benefits, income reporting, tax reporting, background checks an employee applicants, advisory board applicants and other City program volunteers. Social security numbers are also used as a unique numeric identifier and may be used for search purposes. Revised 6/27/18 Page 70 Page 199 of 701 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve an increase to estimated annual expenditure to Waste Management from$310,000 to $385,000 for the disposal of construction related debris and recycling. Explanation of Request: The Commission approved resolution#R16-134 on September 14, 2016 between the City and Waste Management with an estimated annual expenditure of$310,000 for the disposal of recycle and construction debris. The Solid Waste Division has experienced a high volume in debris disposal due to the increase commercial construction throughout the City, which has resulted in exceeding the original estimate of$310,000. Accordingly staff are requesting an increase to the annual expenditure to $385,000 in order to have the necessary funds to process pending invoices and it will supply us with a sufficient amount to cover expenses for this fiscal year and future. How will this affect city programs or services? This will allow the Solid Waste Division to dispose of debris. Fiscal Impact: Budgeted Budgeted funding is in Solid Waste account#431-2515-534-34-62 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Page 200 of 701 Vendor Name: Waste Management Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description D Attachment Backup D Attachment Attachment Page 201 of 701 PROCESSING AGREEMENT THIS PROCESSING AGREEMENT Is made this INC.of Stof"6,2018 by and between WASTE MANAGEMENT OF FLORIDA ('W i " corporation, i , Beach,Pompano Florida 33073and the CITY OF BOYNTON BEACH, a Florida municipal P! Boynton Beach Boulevard, Boynton Beach, Florida. WITNESSETH: WHEREAS. WMIF owns and operates solid processingr centers being located In Palm Beach County with the closest proximityIn the Town of Lantana, which operatesifacilities marketprocess, recycle. and I usingI Chapter 403, Part P FloridaI the authority imunicipalities "to adequately plan and provide efficient, environmentally acceiptable solid waste management" and to "plan flor and regulate In economically feasible. cost-effective and environmentally manner the storage, collection, P separation, processing, disposalrecycling, and I health, i �. recover resources which have the potential for further "; ! fullyand WHEREAS, U-m WMIF facility at Lantana Is r I and licensed by the Solid Waste Authority of Palm. Beach County !4 4 the Palm Beach County Health Department, and the Florida I I available Irecycling goals and those required by Chapter 403, Part IV, FloridaIncluding limitedbut not reduce the amount of recyclable soliddisposed WHEREAS,statewide average of at least 75 percent; end WMIF willprovide Designdocumentation to support CITY's Leadership In Energy and Environmental t r CITY projects so designated. Page 202 of 701 NOW "I"HEREFORE, flor good and valuable c:-xinsiderastion, the partles agree asfollows, cx,xre,f.,.-,,t and Inc r1porated herein by ref nence. will rpecel-ve construction and demolition, debris as deerned In Chaphar 403, Part IV, Florida Statutx s from 'the CITY, The foreagoling sitiall Include yard v,,teste 3� The Initiall a m w, , year,s t. m fl-te dolu"r-A of execution by all par es., In addillon, the CITY' shall have .:wed. o;"' ,,o0` R re »mvow thh „tet $ emt ff:;r i?,`vlo i,.:dditio gal fi nskt ag ue periods by pr i li fig neAty (9 ,»',yam written ntitle e t:rf ft,;,s election >* so prior ,o he eyrs h 4. "�� 1, M aga, ; t(o ,f n ge the C ` fr and �ittis CfE`Y gtnmm pay S. S45z00 per txonfor ,&D b. $45.00 per ton ft;r BuIM Wmst'sa nus n tr n Land Clearling Mate-d as em, $24-00 per ton 1"br Y r Wast C $65.00 per toin, fi,:,r Other C&D Waste not above flUsIxiid AAµfl. m''��tw Ia d�•�am'' aaed or �� .X e by n.R�=� City f6r pocu��' ssa1€g shall shall not 0.001ntalnany reportable qsen ltd o° a 8V. e or psre ,fte waste, s�. tno9 or other r g lad £si to MAIMrrzay ,treject 'goads In whole or In rn,?,rt, "If 11treasonably believes su(:1h load does not confbrm w"th the above requlremenlbsp, Wi .a M A5 n shall use Ms, reasonable wese � ts to tt4l'3„sn 3he C1.11"Y m3 ;tcelvaig i.vvl appropria .e µ�qyo-wn " gira ,it3 firarn the SMAf4, and shall pirrYe any r, quhre,, docume3aron";„ flilngs, xndho confirmation of the CMPs documentation c,, ;its, eci:11in a Page 203 of 701 credits, All df ttl* CITY"'P. vehic es sh3lall be weig.1hed on ceart.1', ed scales and all vvellgh t1crikeft's shall reflaict recycled matrodal. 6 WMF egreses that pricr tc� flhe (,,,;r.,)mm9ncsment - this Ag.rceernent, they will an educational moit Ing vidth the CITY and thowir maMlecths.,id employeas to discuss hc�%r baA� facliftKate the fr'Lination"Ing of thie A�,greemwrvt and 'the coorclination of the partle&, WMI.','-,- agrees tc.,� conducAt, similar mestings on a yearly basis during th9t.,,T9rrn of theAgrilimment, 7. In the event of ai default by either pairty, ndth�m.,. shall be provicied to the paily alleged to be in dedoult settIng forth the riature, of said dlefrault and pr#.,.wMng a reasonable CLINS-, pewriod Itc# said dedzstift. If a dtofftRult 'As not correm c,:Ated during said 'Clurnme.? pe,rfir�W, the nion-dcWfaultingparty rney ternflnate thIs Agreeirteard by pravviding thil-rilty, (30" day' writit.4an newfice of soald termination,, 'I 8. WMIF agi-seets to Provide Insurvicrice mesting the rereuir"ements. set forth In Exhibit A and llheev shall be named as an additional Insured,. TheInsurance policay shall fffrtclude a provielon requiring thIrt, (30) dayesi-I notice the CI—Oe in the event of cu-im,-milation, term I netkon, or lepse In coveir-age, In addition to tth%,:� foreig, fing, WMIF agrem4es indiamnifle anid hold 'the 01"IfY and Its employes."a harmiless f m any and if fleability r4siziMnl; 110 WMIF'si awl0vitles pursuent toh'• tm ix to Rice exztent that they that are In bneam.Pt of J-Us or not In i ompfience witi-i applk:.eble law, rules or regultstlorn,z,, 11's negflgent or willfully wrx,,;,ngfi,,,,fl 93'. This Ak, rr-:mmen-t alhall be conisstrued In sc,,x.:ordancx%.,1 with the laws c,,,�f the SIAte of Florida aridjurleditzition and verme shall be In Pallm Beach Cotinty,,, 10. In the e%re,'int either Dant,y is rf quired 'U.) erift:,,�rt';-a this Agreemt�, nt 0,,tinough legal mcatlon, the p.re.,vonall Ing pew y, h I b,,, tt S all a entitled toressonabie atk:)rney's f5ees incunrood. "N 'WITNESS MEREOIF', t)he parties hav� executc,,ad this r 11 Alr;jreemerd the date ant".1 year fins;t wrlltten above. Sif,,ped, seWed and dellvered In the prf,,�.,zence ot Cl"I"'t," OF BOYNTON BEACH iflkttte SL: Page 204 of 701 ..l�.:wm 51.1itoiuwmmwmmi i��.�w.��m¢ami��w��ui wmt aw.mwu�yi a City Clerk Name: Title: INC. OF FLORIDA Name; Name: VAod+kuj ase Page 205 of 701 WWV1. 77W SE Brft RoW Hobe%XV4 FL 33455 (T?Z)54&7700 SePteMber , Public rSolid 222 KE 9th Ave. I BoVntm Beach,%rlda 3343SPublic Works Solid Waste alar RE: PROCESSING Dear Adrienne, As per sour request m8nmgernent is looking ark t*continue our relationship 1 rr In To reneW tMI contract we are offering the following prices for th'S WM-Sun 5 Facility In Lantana. s n Bulk Waste:$45/tan Rwfirw$45/ton Land aearing$45/ran Yard s Other C&D Waste: Be assured we will continue to provide the ho level of service Vou have cormi to expect , behalfrom On the ani a Management, s than r r business . look forward to continuing to serve you. If you shouldani questions,phase feel free to call. Respectfully , Matt Orr 863-623-709 In all 954-347-2506 � iQ*�e if Page 206 of 701 i i � _ I " F O OR $01„,W WASU SOLUT1010 FacilitySolid Waste Management fteflity Operating Permit No.SW 0065 CDO2 Facility Designation: Sun Recycling.LLrJ Sun 5 Facilitytons per day of construction/demolition dabne,yard huh and source separated recovered matenal generated m.Palm Besch County . mile north of the intersection of Lantana Road and on the north Honda.side of Hillbrath Drive,Lantana, Facility Owner Waft Management Inc.offlorids. Facility Opennor Bryan Tindall Daft of Iwuanoe: August 27,200 Daft of Renewal: October 14,2015 Date of Emqhiration: October 14,2018 Ike permittee hereby agrees to underb*e the wtivity fiw which this permit is issued m accordence with the attached General and Specific ConditiondL gilA 1��' - — r1ate The Solid i Conditions.designated fthty in sccorda=with the attached G=Md and.Specific Date Executive Director 7501 Nodh Jog Road,West Palm Beach,Flory (501)6640M FAX(581)90-300 Page 207 of 701 GENERALCONDITIONS no following tam, conditions, limitations, and mstrictions act fixth in this, Part are 'Vx=W purstrant to the provisions of Chapter 2001-331, Law of Florida and Solid Waste Authority of Palm Beach County(herein refeared tD as the Authority.) conditions"I The amw,. condition requirenrems, limitations and restrictions Bet forth in this permit, are "permit and we landing and eminceable parmant to PalmBeach County Solid Waste Act. 2. This permit is valid only for the speciflo processes and opetutions applied for and indicated in the approved drawbW or abibits. Any unaudeemad deviation hum the approved dreurings, altibits, specifications, or condifirms of ft permit may constitute grounds for revocation and onfirmement action by the Authority. 3. Ile ismance of this permit does not convey any vested rights or any exclusive privileM. Neither does it m9borin any injury to public or private property or any invuion requiredreplatkins. This permit is not a waiver of or approval of any other permit hurt maybe 4. This permit conver no tide to land or water, does not constitute receiinition or wilanaviedgemerA of tide. 5. 11h;purnit does not relieve the pennittee fiam, F lity for mam or irjwy to hirman health or wellare, asimul, or plant M6 or properly caused by the conshuction or operation of this pannitted source,or fiom pmdfin thaefiroe nor does it allow the Permittee to cam pollution in contervention of Florida Stauxtes and Department or Health Unit rules. 6 The perimuce shall properly operam and maintain the hality and rjacais part am rums.instalIed and used by the premium to achieve compliance with the conditions ofthis permit, or other pasmits requirod by Department This provision operstion of backup or amedhiry ` ` es or similar ryiftm when necessary to above complionce vnth the conditions of the permit and when required by Department miss. Page 208 of 701 a The by accepting this specifically agroes to allow e \ Aidbarity personnel,upon presentation of coulendals or other documents a may be required by law and at reasonable times,access to the 5 notice. ses where the permitted activity is located or conducted to: L Have access to and copy any recoicli;that must be kqA under conditions;of the permit;upon reasonable prior • hispect die. a i iseder this penult C. Sample or monstor any substances or parametem at any location reasonably jancesiazy to assure compliance with this permit or Authority rules. m ge time and reasonable pdar notice may for die above activities with any condition or a depend on the eatme of the concern being urvesOpsed. 8. M,for any reamn, die parmittm does not comply with or will be miable tD Comply limitation a unmediattly provide die Auffi"with the following inforewhon: It. The period oferincompliance,including don and timm; the anticipated • noncompliance doing taken to reduce, t'II'9k, aY'1' pereeftee which may result and may be suliject to enfincam@aa action by the Authority or by the Department for penalties or Itc meocation of thh;pennit. 9. in acceptin this permit,die pmmufte understands and agme dot all records, p monitoring data and odw hillarmation relating to the openteen of this peroutted simme which am mitanitted to the Audicuity may be used by the Authority as Moride,Saftice or Autaotity rules, Seen evidem shed anly be used to the extent it is consisted with the Florida Rules of Civil Rocedure and siVropriate eAdcalim 10. 110 PWMittft G9MM to comply with chaegas in after a reasonable time for Compliance; provided, howevee, die peritonea does rot anave any other didits pwied,by Florida StAutes or Authority rules to deallenp the appropriateness or validity of such changed rules or a Page 209 of 701 IL This `t Andwrity rules. Me: mumbee shall be liable for any non-compliance of to pectnitted activity until the transfer is appwvcd by die Audwrity. 12. INs permit or a copy thereof shall be kept at the work site of dre permitted activity. 13. Upon ratluest, the permittee Bhall ftniah all records and plans required under Audronty rules. Dintog rehrocrocat actions, the retention pound for all records will be extended automadcally 1 14. When requested by the Authority, relevantfinnish any hdanation required by law which is needed to determine compliance &M were not submitted or were incorrect in the permit application or in ony npat to &a Page 210 of 701 SFZCMC COMMONS Operating Persait Number No.SW 0065 CDO2 The following terms, conditions, limitation% and resixictions set hdh in this Part are "Specific Permit Conditions" and an binding on the Parmium Enforcement of those conditions ahall be pursuiset to the provisions of Chapter 2001-331, Laws of Florida and Authority rules adopted with all specific and gencral conditions listed within this permit and conduct the permitted activity in accoolam with all applicable rapffietionS Kd OU10111105. 2. The Pammice shall limit the receipt of material to cossaructiWdernelition dd)ris CJD,yard trash and source separated recovered materials. luddantal non-CM or nowyard hub which may be contained in materials delivered to the flicility shall be removed and bandied by flic . aw in accordsom with applicable law and this mamit 3pursuant site only as a canstruction1demolition, debris, yard tmsb and sorece separated reemsord 4. Ilm Permittee agrees to store uninucessed C and D materials,in volmism indicated on the WFVV@d OPMRC=d site PIM S. The Pandthis agrees dot no non-recyclable residue will rersam on the ate over 7 days. 6. The Paraittee"I dispose of all wade requiring disposal in a Class I or a Class III landfill at a Solid Waft Authority ficility. transaction7. The Premium shall submit monthly , in km or cubic yards,all owstractioulthanclition received at the site,the amount of CID shipped for processin& die amount of CID stoololed, and the disposed.A copy ofthe facility report form s amount of non-procassed material verifiables attached and hereby made part ofthe permit. 8. 7be Parmittee shall keep accurate and this permit. Page 211 of 701 9. In der event the Florida Department of Environmental, Protection waives or removes the rz:loircmeed for ft bond to clean up and close the facility, the pamittee shall notify the and the Authority shall require a bond for clen up and closm. The parmiam Authority, shall .A written proof of bond renewal an an armed basis. 10. The Pursifte shall Xnh and maintain a SWA disposal account for the disposal ofY Class I and Class M wow met may be gerozzled as a result of the fteesficting of CID gwarated.in Palm Buch County at the Sun V . law, or .t this Permit sliall constitute a violation of this permit and shall be gmunds for immediate sespension or mvocation ofthis permit at the election ofthe Authority Governing BoanL Page 212 of 701 ADDMONALSPECMCCONDMONS Opetaft Permit Number No.SW 0065 CDO2 I Ile facility will be utilized to process only construction demolition material in an enclosed buildielp 2. The fimility will only handle coustruction and demolition materials, and will not handle any sort.of wet huh or garbage. 3. Any loading of recovered materials will Ww place within the confines of the structure presently an&i1s. 4. There will be no outdoor storap of any materials whatsoever. 5. The existing structure will be totally enclosed. Them will be doors at the east and of the 11wility which can be opened to allow trucirs to enter and to leave, and them will be one roll-up door an the northern side of the Scility which will be opened only for the purpose of allowing bucks to exit the promises. 6. The building will be maintained in a fully and very heavily insulated(wells and ceiling) condition to mitigate against noise generated during the processing of CID within do buildin& 7. The enclosed building will maintain an-exhaust syMan which will blow to the south, coupled with fiftering sptem to trap any dust or pothole material and odors. 8. Company trucla; will not be piked,overnigbt along the north wall of the property, they will be parked chmahere on the site, prituarily along the east portion of the haffity, Bo that their exhand linnes and noise when started in the morning will not be close U) the people living to the norm. 9. The northern side of the well,which hens the residents,will be maintained in a clean and painted condition. 10. Waft Mmagenicat Inc. ill of Florida wmaintain landscaping along the north border of the facility between the north side of the wall and the chain link fence which abuts,the homes of the people living to the north of the fimility. ® Wade Management Inc.of Florida will maintain the landecapi on the portion of the mg property along the veMcle rq*r fiwility which Awas the Osborne Community Center and adjoining an=. Page 213 of 701 12, Waste Management Inc.of Florida will limit its hours of operation to: 7:00 a.m.to 7:00 p.m. for the processing of C/D debris,movement of trucks and external activities binding to the function of the waste processing facility. Work within the comosed buildinS such as clean up,and clerical,corporate,and/or office and business fisictions unrelated to the processing ficility am excluded lbsin these noun of operation limitations. 13. Upon receiving a request from the Osborne communitY,a tePrwcntativc Of Waste Management be.of Florida will arrange it quarterly macting of that community group at which marting a matter relating to the facility's operations will be diBoussed.and halsho win be available to respond to any Inues which relate to tire operation of its Ilicility;to be available fDr an ongoing dialog with representatives of the Osborne community to better understand the cancerns and problems winch may exist within the comnamiW,and,thus, hot&itself out,whom appiciaristo and possible,to be of assistance in mitigating or eliminating any such probamrs. waste management fac. of Florida shall proinde copies of any requests or correspondence conceining meetinip with the 05borne co=udtY to the Authority. Authority staff shall also request copies of all correspondence ragpirding Waste Mampment Inc. of Florida fivan the Osborne community group. WINIto Management Jnc.of Florida shall Band a representative to any reading selardmed by the Authorily with the Osborno community group,that concerns the 11scility. 14. waste Managentant Inc.of Florida will maintain an efibefive pea control policy and procedure. 15. Tracks,will both enter and exit the Mlity through the driveway off Of HiUbMth Street located at din south on portion of the Wlity. 16. No maintenance of ftsb and debris containers shall take place outside the hours of 8:00 &in.to 4:00 p.m.,Monday thraugh Satur6y. No mainumance of vehicles is mluwad� except for anuffsency vehicle eteenks to address unsalb operating conditions that require imwA&teauendm 17. Cwernignt perldeg of veldclas used for waste collection or transpork by the perarldee, and/or any affiliated busincues of the peruddep, shall be discontinued an the Pmel subject to this permit no later than November 10,2011. Collection or transport vehicles, underBoing maintemme or mpairs under the canopy designated for vehicle maintenance may be parked overnight while repairs am underway, but the maintenance CaSePY Shall not be used for parldie; collection or transport vehicles in semceabIc meliti0a, Autmobiles and light duty teecks .. pickup trimb) associated with the recycling business of the permitter may be parked overnight on the parcel subject to this permit Page 214 of 701 SOLID"IM X11 so!,-1,K)IN""I RECYCLING FACILITY MANAGEMENT REPORT MONnI PERMITTEE-. San Recyding LLC,Sun V PERMIT#iSW OW CDO2 ADDRESSi PHONE i 9544"18 CONTACT PERSON a - Cndg Ash CID Tabd Yard Trash Rndved YT Tow Same saparaw SHIPPED RECEIVING FACILITY WASTE TRANSHIPPED TO OTHERRECYCLING FACILITIES STOREDON SHIPPED SITE(10122) (tons) YT odiff DISPOSAL FACILITY class I Class M Rsm sipatue a e Print 7501 West Polm , Fladda 33412 ) . Page 215 of 701 RESOLUTION NO. R16 - 134 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR PROCESSING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WASTE MANAGEMENT, INC., TO ALLOW THE CITY TO TRANSFER 10 RECYCLING MATERIAL INCLUDING YARD WASTE, 1 MIXED RECYCLA13LES AND CONSTRUCTION AND 1 DEMOLITION DEBRIS TO THE WASTE 1 MANAGEMENT FACILITY LOCATED IN LANTANA, 1 FLORIDA IN AN ESTIMATED EXPENDITURE OF 1 $310,000.00 PER YEAR; AND PROVIDING AN 1 EFFECTIVE DATE. 17 1 • fl WHEREAS, the City has an Interlocal Agreement with Solid Waste Authority of 2 Palm Beach County for a Municipal Recycling Program and the delivery of municipal solid 2 waste to a designated facility; and 2• WHEREAS, Waste Management, Inc., owns and operates a solid waste processing 2 center in Lantana, Florida which is fully permitted and licensed by the Solid Waste 2 Authority of Palm Beach County (SWA) and will receive construction and demolition debris 2 from the City as defined in Chapter 403, Part IV, Florida Statutes; and 2 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 2 recommendation of staff, deems it to be in the best interests of the City residents to enter 28 into a Processing Agreement with Waste Management, Inc., to allow the City to transfer 2 recycling materials including yard waste, mixed recyclables and construction and demolition 3 debris to the Waste Management facility in Lantana, Florida. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH,FLORIDA, THAT: C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\W aste_Management_Processing_Agreement_-_Reso.doc Page 216 of 7 1 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 3I hereof. 3I Section 2. The City Commission of the City of Boynton Beach, Florida does 3 hereby authorize and direct the City Manager to sign a Processing Agreement, for a period of 3$ three years with two (2) three year renewals, between the City of Boynton Beach and Waste 3 Management, Inc., to allow the City to transfer recycling materials including yard waste, 4 mixed recyclables and construction and demolition debris to the Waste Management facility 41 located in Lantana, Florida for an estimated annual expenditure of $310,000.00, a copy of 4, said Agreement is attached hereto as Exhibit"A." 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 'V day of ak,�&p , 2016. 4I CITY OF BOYNTON BEACH FLORIDA 4T YES NO 47 48 Mayor—Steven B. Grant 4' 5 Vice Mayor—Mack McCray 51 52 Commissioner—Justin Katz 5 54 Commissioner—Christina L. Romelus 55 / 5� Commissioner—Joe Casello 5' 5 VOTE C)� 5? ATTEST: 14 ? � 63 Judith�/% . Pyle, CMC ; ' 64 City t;lerk 6 6 6 (Corporate Seal) , , x ,Y C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Waste_management_Processing_Agreement=_Reso.doc Page 217of71 � 1 � cA THIS Pr—DOECSING AC--`,6"RMEMjlEN-T go rnmelo ehls d by and- lop-twom VVA,87612- MAWAGF-ps,�LENT E40. OF m,,-arnmA (QIWUAAMF I a MCTO,da 2NDD lAques RczlJ, DS.eacN�4 cMaeodm, 33073mrnd th6o C6TY OF 'm Flcildc, mcunlclpml ecypowdon lG,0 E-Emst Molfriftan Bctamh BcuCwmrd, Boyntan B&Z-oh, Mark-'s. VVITNl----'s8ETF2: WHEREAS, "UNMA'OF ovinz ffind cparst selEld viaot'a prau�smzlru,Z rnMv,.Cm and, tranclor G�Mqtlmle; er thi.s. pmammin,7� n "lsaoh Count\yt;zr/,9th �h,a cFarcj-U,-? 5n, z boinL�l �Cccft�,,dll On Rmlm L-- pmxlmlty Lm thcs CIT V IGGmtrzid �n TG,,;,,?n el R.-car-Amro, WhAuch apanratGs -0vam 7:00 A.�U, to 5:00 PUL Tho;r pmcszsIrw,-, ? M,21-Curso eros m sr., vcjoyeic , and ma �wvvit co)fld vvmsts- pr. luclm UoMfj- advanood and VRIMFE'�-ZE.A8, Charpl'aw Pert 5V, Mavld;2 SW-W10MG, pv�Dvldcs "'ho q* Kcf,?,Mlre "to mdcqpmmt�M�- pi2vl arsd ,mnt "IQ Ac@ o "plan for m, r,a 0 1,A 2 lh r t TGxmsjb�o. m3tmz�juftcfive _gr," anvim-nma ontTlEy 3@00 momw the Gtor's.-m, of ccfld waatm 5n 11wder �Q prWFv5t 1c,""As ro-GrLnlng, cvdd atacpcL JU vm�,Zty cind vvaMar,%, cnhwmce tho vzzxwot T hcj,,�o- t-tc) ft-Thor vos&llnu as", ot Lrmiritanm Is L Pily wMIlmu-,l and floonasel by the SoOld WaWs AuAharl'oi cW Flmim. Comilty ft.P4 pugm Memch own'Ry Health Depw2m-mrA, cz-,nd Umm MerldG Dapmmytwiont & Envimnmentai Pr&KcdUnn mwid- iol avc-IN, 1*-m to thca 0�7-,v to help R to rem ch No r cyoRmp, gook, mLid U'losm tr quirce.14 by AIDS, Paul., N, Fulaew69m stsitzAKDO, �,ndlud"ME'l but e a r Emig tmrm go-A 0020) c9. the 010TY to mducc, ,�.hcj orvr2.unt, of rooimsto dIslv5,,DM-sd Y ycIcn�biG acild i,-�m a wo EM', und aw l grant P', VI?MgF %uffl pFavAdc- C9Tv with tai necosamri teD suppon CdTYz Lcodc-mhlp Jil .Ei-garcj,, -id ,? mv curt M M, Van for CNI" prqW0, m so Page 218 of 701 NOW THEREFORE, for good and valuable consideration, the partiea agrae as followo: 1 . The representations set forth herein above are true and correct and incorporated herein by reference. 2. IAIF, at Its Lantana facility, will receive construction and d ncoiition dabirls as deemed lin Chapter 403, Fait IV, Florida Statutes m the CITY. The foregoing shall includes yard waste and recyclables generated by the CITY. 3. The initial tema of this Agreement sholl be for three ( ) years from the date of execution by all parties. In addition, the CITY wh ll hove the opflon to renew this Agreement !dr two additional three-year periods by providing ninety (9O) days written notice of Its elution to do so prior to the end of the existing term. 4. WMIF agrees to charge the CITY and tha CITY agrees to pay as fblk5ws. a. $45.00 per ton for C&D b. $45.00 per ton for Bulb Waste c. $49.00 peg,,ton fb�, Roofing MQIlorlafts, . $45.00 per ton for Lard Clearing materiels 9. $24.00 per tors for "ford Waste f. $65.00 per ton for Other C&D Waste not above listed I material delivered or offered by the City for processing shall meet -the re ulrements of the facility's applicable permits and ahall not contain any reportable quantity of garbage or putrescible waste, hazardous or other regulated waste. WMIF may rejact loads In thole or In part If It reasonably believes such load does not nform w[O the e'bove requirements. . IVJMIF ohall uss Its reasonable best efflorts to assist the CiTY in rscelvMg all appropriats recycling credits frnrn the SWA and shall provide any required documentation, filings, eand/or confirmeation of the Cl 's documentation of its recycling Page 219 of 701 credits, All of the CITY"s vehicles shall be weighed on certified .wales and @11 weigh tickets shms 11 reflect recycled material. 6. WMIF agrees that prior to the commencement of this Agreement, they will conduct -an aducationp.1 mQating Vvith tho-, 017-Y and their zcAacted, ampioyae@ to discuss how ;host to facilitate the functioning of the Agreement and the coordination of the parlies. WMIF agrees to conduct similar nneetings an a yeaNy basin during thetarm cf the Agreern�:--,x-A. 7. In the event cf a dofault by either party, notice zhall be provaded to the pert y alleged to be in default setting faLh tho nature of said default and providing a reasonable cure period to correct said default. Of a default Is not corrected during said cure period, the non-defaulting party may terminate thlo Agreement by providing thirty (30) days' written notice of said termination. 6. 'WNUF agra ss to provide Insurance maetlrog,_ the requirements set forth In Exhibit A and the CITY shall be narned as on addiAdonal insured. The insurance polloy shell includes a proviclon requiring thirty (30) days' notice to the CITY In the event of cancellation. termination. or lapse In covor,,:�@v ge. In addition to tho foregaing, %JVMIF agrees to indemnify Eared hold the 0M and Its emplayees harmlesa from any and all liability relating to WMIF's activities pursuant to this, Agreamant a the audent that tho. that ass in NLre8,d% Of Ito permite or not In compliance with applicabIG law, rules or regulm-tions, is negligent or villiftilly wrongful conduct. 9. T his Agraernont shall be construed in acon-s-ardmnee with, the laws of the to of Florida and jurisdiction and venue shall be In Palm each County. 10. In the event either party is required to enforce this Agreer ment through legal 2-ctlon, the prevailing party shall be entitled to reasonable or.-orney's "rags and coats incurred. ON WETNESS WHEREOF, the parties have, executed this Agreannent tjNo date and year first written above. ;I, gned, sealed end dellsred In the presence of CMf OF BOYN T01*4 RM9_ArH, Attest: Page 220 of 701 -0 it Cie Name: APPROVED AS T F +c(H; /►/� Title: city ORN Witness: WASTE MANAGEMENT INC®OF FLORIDA By:_L.,Vu Name: (AA4&uj Oat Tine: "NNdoc- Name: 4 Page 221 of 701 4[Q�' Hobo fid,E;.33$55 nai'54&7700 September 6,2MP Public Works/Solid Wage CRY Of Mynton Be- 222 N.E.ft Ave. I Boynton Beach,Florida 33435Public Works/Solid Waste AlTU:Adrianna nciible RE: PROCESSING AGREEMENT Hear Adrianna, As per your request Waste monagernant is looking forward to continue our relationship with the City of mon Beach In promising the waste. To reww Ws contract we are offering the following prices lir the -Sun 5 Facility In Lantana. C&D:$45/ton Bulla Waste:$45/ton Raofinip S45/ton Land Tearing$45/ton Yard Waste:$24/ton Other CQD Waste: /ton Be assured we will continue to provide the high lvel of service you hm come to expect from us. On behaf of the entire team at Waste Management,I want to thank you for your business and we look fortiward to continuing to serve you. If you ftuld have any questions,pose ftel free to call. Respectfully yours, Matt Orr 863-623-7829 John Cinelil 9S4-347-2506 Alp l l fOm V E0112C dory to anviVanmatal iwatadM Mink Grears.'rhWaste New9ment. Page 222 of 701 �4/iRp.gy�5.'ry g�g/ M3:I.7 p}q�y //.��gYpoA��bylih>��F�Y?Bga� py-,p;$9"6pl�R 4ip6nM WAST8 SOLIMONS O SOLED WASTE AUTHORUY Solid Wash Management Faeffly Opemdng Permit NG.SWGMCM Fility 'on: Sun Rec)vling,LM Sun 5 FacilityDescription: A 36,000 sq.ft.building used to process 3,800 cubic yards or 1,200 km par day of construcdon1dwalition debm yard huh mid source separated recovered matend generated is Palm Bewh County F 'lity IAti= 4®3 mile nwth of the inMection of Imom Road mid on side of Hillbrath Drive,Lmitana,Florida. Fedlity . Waste Managmucut Inc.of Flodda Facility Opmtor. Bryan T° ll Data of August 27,2003 Daw of 14,2015 Date of Expiration: October 14,2018 Jim 'ttee hereby W=to undertake the activity for which this permit is°Umued M accordance with the WWhW G=nd md Sp®ci na Solid 'Waste Audwrity of Palm Beach County hereby permits the operation of ft above. 'lity in mmk=with the attached Genaal and Specific Conditions. Mark Hammond D Exemlive Director 76M Narlh Jag Rand,WGN Palm Bach,Ptadde SH12 (50$)040400 FUI(961) Page 223 of 701 GDOMNIMS I Numbw Ow em COP, 'M@ Z011=m tum, amftom fl' 'tate md Reoftiatim Est forffi in ft Fait we TAMMUR paidt Cmadano and m bkft on the Pwaitta-. Faftm=t of&' = ammi2im "I.be FjMknmt to Tole Favidws of ChapUr 201-33 1, Lm d Mari& md SOW WoM Avftfty of palm Rwmfth Camty(hmin za&nw b m&@ Andamity.) 7ha t=286 COndiflOn rOT*ffimalm, SmiNtim md reatticdow ed hz& in thio PuRdt, m "P=ft MRMW and 00 binft wed afferamble ymmM w Fdm BmdCaudyBoUdWOMAM. 2. This;&Tda iS WUd IDRIY fiff fiI6 19Fgaffic P=mm WA Opmdom qpRkd fw md iftdiwk-d in the IOWA dMV1109 or MINUM Any mm%horlmd &Wadan Trm the qwmad dmVA44 WNW Upedfivame, &Z cmalmong of dds pallit way mmt&W pmda fw mmdm md m&ummt 2C&M by dm Audmdiy. 3. The kmme of Ma pomit dow not =vW my vaftd riots cc my azdmiw FAvilwA. Neithff I d=itMm=iw injury to Public MY or 0720"My or MY: mon of pamd,d&%, nor my mkFamat of MML Ot% or lam larm or mpmaw. M&pwwt is w a vmvw Ora-, wrow of any adw;mmit dMI mmy W rquhvd for O&W a*=% of dw low PC&= wwah so "t Rmwcd ;n ft 4. Thb pmWt o=YW an dd@ to Imd or wom, does = comdum ma5d&n or S. Thk PM&dm M MEM dw;Mmifta ftm)WRY y 9hr Imm or iojwy to hmm h9dth Or w@M@Wo M*ML or PhM lik Gw papaV wasW by &a cmftcdm or apamdcm of M pwmimd SOMCB.or Am Fmdtw emdbrq=&,n- it @now ev- PmElOg 9p M-MvIblimm, amwavmdw of plod&S&kdw old napmMent CT HwIth Unk flaw. t . 77d.-pwomw d2di prqu-dy OPML.and mdwdE the Pity waww=a gad by am Famma go mahim wm*ism%ah the Mom of ft pwmi% w a9m 9=0 uwffgd by Depainwat n9m. Thm pwvwacn mbxkz dw Opmdon of badmp or MW&7 mlides of Idmmpz *VM whm nwwmy to WW@vg cmVHNCB M- ith ffie =00no of tba pmk md whm mquired by Page 224 of 701 7. Mw p%mmag, by Us If- Rnatically Dorm to auow authadwd AudmitY FMMMY.-L Up=PMMMOD Of y be RqWMd by lam wd at wammW to an pwok6a aavityimI or CWAMW to: EL Haw 4 be can . ' w of the FwM%up= ble pHor nWw. Mider We .iL 0. 8=010 lcMdcM MMMbly nnmswyto MGM ONVUWM with ft p=k . Rmmble Smw mW nwzkbI@ pAw wdw mEy fa ft abwa wdvides li 0. 3 , My MM2, puffliftgg d=nst ply ll a ply withor 1. ° . ° ' 'O ° 1 lameffiddy proWde Me A A. , P ° ;a to ° v s " t immma of the =wMaPlism. l Ibl@ widdh may mult wd wq ba afta to Qftcmmg zcdm by tha A PWASM or ft Mveamonof thb YWRI 9. in COORV203 ft Y=It do pwWtft undwwM&aud agm dw all MaZIN 0 Wbrmtion abApS to tim apsindw of filb pajWtza Sam w wWah m nbwiftd to dm Au&wity my be uiwd by &a Audmity °MVWVMS tb@ p0maw fUlty ' or Authonty wIQL Swh vAdmc@ zM wly 1�=ad to&,witwi It is @a of MY hwg&m , W. 14. n@ pmmiWa qpM to MuOy with chwgps in Auftrity nda md Flodda Stamm le time ft MOPUMOO; b ' dty ica to dmUmp&a qypMpAH&ffMq�r . . . Page 225 of 701 H. THs pmirdt is tmmfmbEe ody %= Audmdty 9RWM in wwzdmw with Andmflty ndea. Th@ ymmifta sha W Ml@ &r my mn-wmpRkm of lim pamdaed asdvRy wtil the ftudw is appmviA.by thp,Audwdly. 12. M prmft or a coN&wauf chO ba kept rA the we&site of dw pmnittW xdvity. 13. Up= raqwA &@,pmnitM &A &MM aU mm* Md PRM =0194 W&T An6mity ffll�& Daft M&Mmsmt Wflms, do rowntim pow Rbr all raw& rAH by extmM mtomdcdly mdm o&m*@ aSpulMd by ffie Antority. 14. Mm zwp-aW by ffie Audmily, the pwatiMm dmH wiflin a rmp-mmble 6m ftWeh @W kAmmdon mqWnd by low whiff is neeftd to datimim cmp&= mth te pzmdiL M ft ponitte.- bmmis mm ent wimnt fim wm cm Submiad or wwo kwnMI in ffic P&mk applimden or in my repw to ftz Audmivj,Mich facw cr inlzmtion Sha be cmwbd FMMAY. Page 226 of 701 aim AM"Irl.,COMM= epi:em,F p0mit Nmmba No.SW=5 CM2 npw o &lRmAm2 tam. Onzagan% umi=:Oix� md xwwcdm Ogl far& in v?,L-du put Oq& Pezuedt CcaMmm" and ore UndkU on dw Pffzdt Lea. Saftommg d dma WAA&M VWR h F-plumsa Ila t7m pmu"= Of chn—P&W, 2001-331, lavjo of Fimidn md Audwily Meg adga-Zed p-amumt 1. lu pwmima AA at SIR SM63, purow"Ut to 6.0 isig 4=dms ftmm comply win 22 Opeendfic md amrm-ul muldl6cm Riod vd&iu 00 vw2ft 2nd Wndw&0 pomjDA oA,Ay ia atmaAwco-YAA 91 wUmbRg reg akdolm, ad stcllhgm 2. ng ZISE Hat ft mdpt of m2WA b de:62"t OD,Yam Irush end ammna wraatm mmumd OnL-Ach W&AW ncn.C/D mr wn-ya' d �rA wm@h my ba, i2 wcdonvere to fie ftwty 211A bo numoveh End hm2c-A by th-:;PwwtU.-in wmmmce vAth eppurnbLs hw aad aes pwmt 7Tw PWMM@ okAat nU dam pmomi mmamm of ft Pwzm%OYMM tk� Mee OBly mc a ddado" y2d tMA =a mam cwm�ad moww--A wnbKdd myeimav 4. Ita 2 M-MEW-2 213.fm, to Glum ImpmrMsed C 06 D MLpdo-v,in valwimm bAkn%d an ffia *rrzaval Gymawd Mfg PIM S. The pewimr,Fzrm dine no mm-resplable IMUM vVin rM®rm an&a WO Ov6T 7 d2p. 6. ne PmdW@ cWR fteve of aff vrus%u&qWft Agynad, in a Mow R ax a CIM Iff kwM el a R Wracta Au&wly 2mility. 7. n� pff mmm- awm mbmit wami bmr—,-,j§dw RM& dzwft the, qmAily, iv ft-as or mabio ymi%sH mcnivad at 12 dt%&a Amnuut of M Arpa fb� the of C/D dw! H4 =d th@ m5mi of am-prc=- sed msmild d%:-,pnrA- A copy of&3 MUty rap=T&M le Mwh@l wd hG-dbY M&Pmt Of&B PaWIL 8. Ihe pwwNa��Owl"amusm aud vuffiable=DR28 of BU zew&evA daft T@qwra by Page 227 of 701 9. In the event the Florida east of Envirmunental Protection vAdves or reravves the requirement for the bond to clean op and close the facility, the pennitft shall notify the Aufficrity, and the Authority shall mqWm e boad for elm up md clomm. The pmniftes shall submit written.proof of bond renewal on an aninial basis. 10. no Pennifte diall, eutablich and maiiiiain a SWA disposal acmunt. for the dispad of Class I and Class M weft that mffy be generated as a result of the trazishrring of CID gmunted in Palm Beach County at the Sun V f ility 11. A violatim of any Federal, State, or local law, ordinartca, resolution, or any cmdition of this permit shall comfitute a violation of this permit and shall be grounds for immediate m&pansion or wvontion of this purnit at the ekcdon of the Auffiority Page 228 of 701 140,sw 055 cm Tw ft-ft vAH b-zv WIL-nd to p,-,o= only co tem domaRition m".*:d in M end000d WIMbs The maity VAIR CrA;Y -q,,- cmftcdon Md &Mcuelm MGWA� =a VAII 26t b MW 209 arve2 tKh')A or sas2p. 3. Any R=ft of smvered matedds TARR btla pbW wMa &@ cw-fims Of Cda OMMMM PEWMay an dw. 4. Thwe vAll ba m ontftw stwage of my Mat&l9b WhOWUVer. 5, Thm=L-.&g nVetua vAmn towly=102ad. va �%,,All w do=ag a ad of dm zzmty Whig&am ba opmed to allovy M-am to entw Md 0 kan,Ma them will h one roll-up dew ou&a nOT9100 01da of the&AV WWF VM ba OPQ"- c2dy for&P,pnpna of sflovAM tqdm to&dt&9 prmkm 6. Ih@ bu'laing vAn be, nmhtojn@d in a Willy md vuy hawfly imuletcd(vialls md cdgbg) CM016a �q MkqM nvwt noma ffM&-&W &=a aw pmpeccm of CM Wiffin &a Miffigs, 7. Tho emlaced buildia-I vAll Makwo M.Mlh=t Sydow which VAII blW to the CCU% Q'supled Wn ffia-kg opum ft tv any dug W paracb mt&121 a9fi C&M. cap ti udm WM=b..pm—b�-d o Glang ft MCA MR d t�m pwpav� ,faw vA2 b-., pnfimd &&T7h%,a W th@ Oita, pAwawily GIM3 AQ Wt Y*Zdca Of&@ MEV, 00 that &do exw=AMM Md noigg Whc4n"td in &a Moalls WM not �-.CIM to ft PETIC Kft to fi-2 Wr&. 9. The ED-Ath&m as of&a Wai,WNch a=*0 ba,wdgAud h, a clean md palaftfl cndwa& 10. Wme wiamg=ent RM. dFlodda will Mawain lM&6MpWs 8152g I@ n0ah boo-da or tba&Wity beftem&@ nor&dde of the viall Md Oba CIRO&link&EM which vbuig dI9 homm of th popag 11v!@2 to the=A of ft f0duty. 11. Wed@ kVk=smraei D.of Mori&Will As the 1M9 00&0 P0960D Of&0, p Z120M&0 VeNclo mpg?ftility'Alch fam the 0 cmMmily ceatff WA Page 229 of 701 12. Waste Management Inc.of Florida will limit its hours of operation to: 7:00 a.m.to 7:00 p.m.for the pwcessing of O/D debris,movement of trueb and external activities relating to the function of the waste processing facility. Work within the enclosed building,such as clean up,and clerical,corporate,and/or office and business functions unrelated to the Processing facility are excluded of opmWon ffinitstfc= 13. Upon receiving a request from the Osborne community,a representative of Waste Managemerit Inc.of Floridawill arrange a quarterly meeting of that community group at which meeting a matter relating to thefacility's operations will be discussed,and hdsU will be available to respond to any issues which relate to the operation of its facility;to be available for an ongoing dialog with tatives of the Osborne community to better understand the concerns and problemwhich may exist within the community;rand,theta, holds itself out when appropriate and possible,to be of assistance in mitigating or eliminating any such pmblems. Waste Management Inc.of Florida1 provide copies of any requeas or correspondence ' mwdqp with the Osbme community to the Authority. Authority staffshall also request copies of all ° g Waste Management Inc. of Florida fiom the Osborne community group. Waste Managment be.of Florida shall send a representative to any meeting scheduled by the Authority with the Osborn community group that concerns the °Hty. 14. Waste Management Inc.of Florida will maintain an effalive pest control policy and procedm. 15. Tmalm will both enter and exit the facility through the driveway off of Flillbrath Save located at the south eW pion of the facility. 16. No maintenance of trash and debris containers shall take place outside the hours of 8:00 a.m.to 4:00 p.m.,Monday through Saturday. No mainteziw=of vehicles is allowed, except for emergency vehicle repairs to address unsa&operating conditions that require immediate 17. Overnight parlidn of vaWeles used for waste collection or transport, by the permittee. and/or any affiiHated businesses of the permittee, shiall be discontinued on the parcel subject to this permit no later than November 10,2011. Collectk m or transport vehicles, undergoing maintenance or mpairs under the canopy designated for vehicle mafiftmce may be pated overnight while repairs an underway, but the mairammee canopy shall not be used for parkizig collection or transport veWcles in serviceable condition. Automobiles and light duty trucks (i.e., pickup ) associated with the re:xycling business of the painittee may be pa&ed overnight on the panel subject to this permit Page 230 of 701 �y�s-¢��[•gp �y��+gg[,��g q��pr{/py .:,'.,.aiL!}iei�sa3:».�°S,�?A.ii$t�°i+:#2 [p,��M+ 4mA Sl iida V WII AAAGM 2314 844 Odle{"'p�ygSY 5I ��qn(@��{a /.dee}.; OR P10207=1 MqQmg LEA,Sam Vv MTS ® BW Ms CAM2 TM Th Thraxtb Rffzdvgd lorr AS ROMM2 sqmaw (cam ITT OTURUM Com ( m) CID YT a Punt Page 231 of 701 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Resolution No. R20-112 -Award RFP No. 013-2210- 20/RW for thirteen (13) Cardiac Monitors for at a unit price of$37,305.40 totaling $484,970.72, with the option to purchase accessories at a 27% discount off of list pricing and a five (5) year maintenance agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract amount of$573,520.22 and authorize the City Manager to enter into a contract with ZOLL Medical, subject to final negotiation of the terms in the agreement and options. Explanation of Request: On August 23, 2020, Procurement Services opened and tabulated two (2) proposals for RFP No. 013-2210- 20/RW for thirteen (13) Cardiac Monitors with the option to purchase accessories at a percent discount off of list pricing and a five (5) year maintenance agreement to extend beyond the first-year warranty. The City completed its initial evaluation of the written proposals. Afterwards, a request for Price Verification & Clarification was solicited 8/20/20 and ZOOM Meeting Oral Presentations/Demonstrations were conducted on 9/09/20 with Zoll Medical and Stryker. The proposals were reviewed by an evaluation committee which consisted of four (4) Boynton Beach Fire Rescue & EMS staff, two (2) Police staff, and the ITS Support Manager. The following Overall Average Score Totals are the results of the Team Evaluation: Company - Points 1) ZOLL Medical - 85.39 2) Stryker - 78.71 The Evaluation Team is recommending an award to ZOLL Medical for a contract amount of $573,520.22, subject to final negotiation of the terms in the agreement and options for accessories and extended maintenance agreement. How will this affect city programs or services? This equipment will enhance efficiencies and streamline processes. Fiscal Impact: Budgeted The cardiac monitor acquisition is grant funded with a 10% grant match in Account#001-2210-522.91-04 for$48,116.55. Alternatives: Not award agreement and continue current equipment. Strategic Plan: Strategic Plan Application: Climate Action: No Page 232 of 701 Climate Action Discussion: Is this a grant? Yes Grant Amount: $529,282.00 Contracts Vendor Name: ZOLL Medical Start Date: 9/2/2020 End Date: 9/1/2026 Contract Value: $573,520.22 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Page 233 of 701 ATTACHMENTS: Type Description Resolution awarding RFP to ZOLL and D Resolution authorizing the City manager to sign a contract with OLL. D Addendum RFP 2 Grant Avrard Letter D Contract ZOLL Contract D Addendum RFP Grant Award Letter 1 D Addendum ZOLLMedical-013-2210-20RW Proposal D Addendum 0 1-P roposersQualif i cations D Addendum 02-Anti-kickback D Addendum 03-NonCollusion D Addendum 04-Minority D Addendum 05-Statute D Addendum 06-ZOLLTaxCertificateof Regis D Addendum 07-CertificateOf I nsurance D Addendum 08-WorryFreeExpertCare D Addendum 08-WorryFreeExpertCare D Addendum ZOLL Price Verification Email 8-20-20 on Maintenance Agreement Option D Addendum RFP 013-2210-20RW Cardiac Monitors 7-22-20 ElBidding Final RW.docx D Addendum Addendum 1 - RFP 013-2210-20RW Cardiac Monitors- Questions &Answers D Addendum Cardiac Monitors Evaluation Consensus Final Scores 10-06-20 Agenda Page 234 of 701 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AWARDING RFP NO. 013-2210-20/RW FOR 5 THIRTEEN (13) CARDIAC MONITORS AT A UNIT PRICE OF 6 $37,305.40 TOTALING $484,970.72, WITH THE OPTION TO 7 PURCHASE ACCESSORIES AT A 27% DISCOUNT OFF OF LIST 8 PRICING AND A FIVE (5) YEAR MAINTENANCE AGREEMENT 9 TOTALING $88,549.50 TO EXTEND BEYOND THE FIRST YEAR 10 WARRANTY, FOR A CONTRACT AMOUNT OF $573,520.22 AND; 11 AUTHORIZE THE CITY MANAGER TO ENTER INTO A 12 CONTRACT WITH ZOLL MEDICAL, SUBJECT TO FINAL 13 NEGOTIATION OF THE TERMS IN THE AGREEMENT AND 14 OPTIONS; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, on August 23,2020,Procurement Services opened and tabulated two 17 (2) proposals for RFP No. 013-2210-20/RW for thirteen (13) Cardiac Monitors with the 18 option to purchase accessories at a percent discount off of list pricing and a five (5) year 19 maintenance agreement to extend beyond the first-year warranty; and 20 WHEREAS, the proposals were reviewed by an evaluation committee which 21 consisted of four (4) Boynton Beach Fire Rescue & EMS staff, two (2) Police staff, and 22 the ITS Support Manager; and 23 WHEREAS,the Evaluation Team is recommending an award to ZOLL Medical 24 for a contract amount of $573,520.22, subject to final negotiation of the terms in the 25 agreement and options for accessories and extended maintenance agreement 26 WHEREAS, the City Commission of the City of Boynton Beach upon 27 recommendation of staff, deems it to be in the best interest of the citizens and residents to 28 approve the award RFP No. 013-2210-20/RW for thirteen (13) Cardiac Monitors for at a 29 unit price of$37,305.40 totaling $484,970.72, with the option to purchase accessories at 30 a 27% discount off of list pricing and a five (5) year maintenance agreement totaling 31 $88,549.50 to extend beyond the first year warranty, for a contract amount of$573,520.22 32 and authorize the City Manager to enter into a contract with ZOLL Medical, subject to 33 final negotiation of the terms in the agreement and options. S:ACA\RESO\Agreements\Award of RFP for Cardiac Monitors-ZOLL Medical-Reso.docx Page 235 of 701 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 4 as being true and correct and are hereby made a specific part of this Resolution upon 5 adoption. 6 Section 2. The City Commission of the City of Boynton Beach, Florida, 7 hereby approves the award of RFP No. 013-2210-20/RW for thirteen (13) Cardiac 8 Monitors for at a unit price of $37,305.40 totaling $484,970.72, with the option to 9 purchase accessories at a 27% discount off of list pricing and a five (5)year maintenance 10 agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract 11 amount of$573,520.22 and authorize the City Manager to enter into a contract with ZOLL 12 Medical, subject to final negotiation of the terms in the agreement and options, a copy of 13 the Contract is attached hereto and incorporated herein as Exhibit"A". 14 Section 3. That this Resolution shall become effective immediately. 15 PASSED AND ADOPTED this 6th day of October, 2020 16 CITY OF BOYNTON BEACH, FLORIDA 17 YES NO 18 19 Mayor— Steven B. Grant 20 21 Vice-Mayor—Ty Penserga 22 23 Commissioner—Justin Katz 24 25 Commissioner—Woodrow L. Hay 26 27 Commissioner—Christina L. Romelus 28 29 VOTE 30 ATTEST: 31 32 33 Crystal Gibson, MMC 34 City Clerk 35 36 (Corporate Seal) S:ACA\RESO\Agreements\Award of RFP for Cardiac Monitors-ZOLL Medical-Reso.docx Page 236 of 701 Obligating 1.Agreement No.12. Amendment 1. Recipient 4. Type of S. Control No. EMW-2018-FO- No. No. Action ',WX02674N2019T 00546 N/A 59-6000282 AWARD .�. Z. Recipient Dame and 7. Issuing FEMA Office and pPayment Office and 'Address Address 'Address ;City of Boynton Beach Grant Programs Directorate FEMA, Financial Services 2080 High Midge Rd'. 500 C Street, S.W. Branch Boynton Beach, Florida Washington DC, 20528-7000 500 C Street, S.W., Room 133426 .1-866-927-5646 `723 Washington DC, 20742 9. Name of Recipient ga. Phone 10Name of FEMA Project 110a. Phone; ;Project Officer iNo. ;Coordinator 'No. Anthony Davidson 1561- Assistance to Firefighters Grant 1-866-274- (7426314 !Program 0960 11. Effective Cate of 112. Method of 13. Assistance 14. Performance !This Action ,Payment Arrangement Period 09/11/2019 to ;09/04/2019 (OTHER - FEMA COST SHARING 09/1012020 'GG Budget Period 09/11/2019 to 09/1012020 15. [description of Action a.. (Indicate funding data for awards or financial 'changes) Amount Program 'AssistanceiAccounting Prior ,Awarded ;Current Cumulative ;Name =Listings ICata(ACCS,Total ` Total Non-Federal ' ' Abbreviation;No. Code) (Award=:.This ActionAward Commitment or H _ 2019-F8 AFG 97.044 GB01 _ $0.00 '$481,165.451$481,165.45,$48,116.55 lP431-xxxx- �4101-D Totals;$0.00 'i$481,165.451$481,165.45'$48,116.55 b. To describe changes other than funding data or financial changes, attach schedule and check here: 'N/A :,RETURN THREE (3) COPIES OF THIS DOG FMEA!'"1'" T- FEMA (See. Blee IK -7 fer This field is not applicable for digitally signed grant agreements Page 237 of 701 Article 33 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 34 Trafficking Victims Protection Act of 2000 Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106(8) of the Trafficking Victims Protection Act of 2000, (TVPA) codified as amended by 22 U.S.C. §7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. Article 35 Universal Identifier and System of Award Management (SAM) Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 36 USA Patriot Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. 175-175c. Article 37 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 38 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S,C. § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 39 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing, Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMAYGMD Call Center at (866) '927-5646 or via e-mail to ASK-GMD@dhs.gov if you have any questions. Page 238 of 701 Article 21 Limited English Proficiency(Civil Rights Act of 1864 Title VN Recipients must comply with the Title V| of the Civil Rights Act of 1984 (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps topnovidnmnmamingfu|aucess1ope/sumswilh |imi&sdEnQ|iohprofiuienoy (LEP) pu their programs and services. For additional assistance and information regarding language access obligations, please refer k>the DHS Recipient Guidance https://www.dhs,gov/guidancepublished-help-department-supported- orgaoizations-provide-meaningfulaccess-people-limited and additional resources onhttp://wvvw]eP.gou. Article 22 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352. which provides that none ofthe funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee ofany agency, eMember mfCongress, anofficer oremployee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, o/modification. Article 23 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental ppUoy Act of1868, Pub. L. No. 81-18O (187O) (codified aaamended at42U.S.C. §432l eiseq.) (NEPA) end1heCoumui|onEnv|ronmnente| Qua|ity(CE{]) Rggu|otinmotor Implementing the PmmoedmmsU Provisions of Ni which requires recipients to use all practicable means within their authority, and consistent with other essential considerations ofnational policy, tocreate and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs o[present and future generations cdAmericans. Article 24 Nondiscrimination in Matters Pertaining toFaith-Based Organizations lit is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered orsupported byDHS orits component agencies, enabling those organizations toparticipate inproviding important social services 10 beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in6C.FR. Part 1Band other applicable statues, regulations, and guidance governing,the participations offaith-based organizations in individual DHS programs, /krtio|a 2,5 Non-supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (oupp|ant) funds that have been budgeted for the same purpose through non- federal sources. Article 26 Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (i for this program are incorporated hereby reference inthe award terms and conditions. AN recipients must comply with any such requirements set forth in the program NOFO. Page 239 Of 701 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (See 42 U.&C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100, The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, and 2 C.F.R. Part 180 as adopted by DHS at 2 C,F.R. Part 3000. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C.8101), Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federalstatutes, regulations, or the federal financial assistance award terms and conditions. Page 240 of 701 Article I Assurances, Administrative Requirements, Cost Principles, Representations and Certifications DHS financial assistance recipients must complete either the Office of Management and Budget(OMB) Standard Form 424B Assurances - Non- Construction Programs, or OMB Standard Form 424D Assurances -Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial)assistance office(DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program:as instructed by the awarding agency. Please contact the DHS FAO if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations(C,F,R) Part 200, and adopted by DHS at 2 C.F.R. Part 3002. Article 2 DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff, 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS. 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance, 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, 5, Recipients of federal financial assistance from DHS must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award or, for State Administering Agencies, thirty (30) days from receipt of the DHS Civil Rights Evaluation Tool from DHS or its awarding component agency. Recipients are required to provide this information once every two (2) years, not every time an award is made. After the initial submission for the first award under which this term applies, recipients are only required to submit updates every two years, not every time a grant is awarded. Recipients should submit the completed tool, including supporting materials to CivilRightsEvaluationc@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/pubiication/dhs-civiI-rights-evaluation-tool. Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Page 241 of 701 Article Assurances, Administrative Requirements, Cost Principles, Representations 1 and Certifications Article DHS Specific Acknowledgements and Assurances 2 Article Acknowledgement of Federal Funding from DHS 3 Article Activities Conducted Abroad 4 Article Age Discrimination Act of 1975 5 Article Americans with Disabilities Act of 1990 6 Article Best Practices for Collection and Use of Personally Identifiable Information (PII) 7 Article Civil Rights Act of 1964—Title VI 8 Article Civil Rights Act of 1968 9 Article Copyright 10 Article Debarment and Suspension 11 Article Drug-Free Workplace Regulations 12 Article Duplication of Benefits 13 Article Education Amendments of 1972 (Equal Opportunity in Education Act)—Title IX 14 Article Energy Policy and Conservation Act 15 Article False Claims Act and Program Fraud Civil Remedies 16 Article Federal Debt Status 17 Article Federal Leadership on Reducing Text Messaging while Driving 18 Article Fly America Act of 1974 19 Article Hotel; and Motel Fire Safety Act of 1990 20 Article Limited English Proficiency (Civil Rights Act of 1964, Title VI) 21 Article Lobbying Prohibitions 22 Article National Environmental Policy Act 23 Article Nondiscrimination in Matters Pertaining to Faith:-Based Organizations 24 Page 242 of 701 Monitor/Defibrillator - 15 leads DESCRIPTION Boynton Beach Fire Rescue will purchase thirteen (13) Cardiac Mon itor/Defibrillators for pre- hospital Advanced Cardiac Life Support to be placed on each of our ALS emergency units. Our current inventory of cardiac monitors has exceeded its lifespan and has caused excessive costly maintenance and out of service time, With 11,737 calla to emergency medical services in 2017, the newest technology in modern Cardiac Monitor/Defibrillators will increase the survival rates in cardiac patients. QUANTITY UNIT PRICE TOTAL 13 $40,714.00 $529,282,00 BUDGET CLASS Equipment Page 243 of 701 Summary Award Memo Program: Fiscal Year 2018 Assistance to Firefighters Grant Recipient:City of Boynton Beach DUNS number:072247133 Award number: EMW-2018-FO-00546 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information -was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for FY2018 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable)-, Page 244 of 701 y " Z CONTRACT NO. 013-2210-20/RW BETWEEN THE CITY OF BOYNTON BEACH AND ZOLL MEDICAL FOR CARDIAC MONITORS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and ZOLL Medical, 269 Mill Rd, Chelmsford, MA 01824, hereinafter referred to as "Contractor", effective October 06, 2020 in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and WHEREAS, THE City issued a Request for PROPOSALS for "CARDIAC MONITORS, RFP No. 013-2210-20/RW; and WHEREAS, RFP No. 013-2210-20/RW defined Scope of Services as CARDIAC MONITORS; and WHEREAS, the CITY determined that Contractor is qualified to perform the scope of services set forth in the Request for PROPOSALS; and WHEREAS, the City Commission on October 06, 2020, determined that Contractor is qualified for appointment to perform the scope of services set forth in the Request for Proposals; and WHEREAS, the City Manager's administrative staff, has successfully negotiated an Agreement with Contractor to provide thirteen (13) Cardiac Monitors at a unit price of $37,305.40 totaling $484,970.72, with the option to purchase accessories at a 27% discount off of list pricing and a five (5) year maintenance agreement totaling $88,549.50 to extend beyond the first year warranty, for a contract amount of $573,520.22 as further detailed in Exhibit "A" within the scope of the Request for Proposals and Exhibit "B" ZOLL Medical Submittal and Exhibit "C" ZOLL Price Verification Email 8-20-20 on Maintenance Agreement Option. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 Contractor agrees to provide 13 Cardiac Monitors/Defibrillators with (12) lead electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems, including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set-up. The City's Representative during the performance of the Contract shall be EMS Chief Jarvis Prince telephone (561) 742-6337; Email: PrinceJ@bbfl.us. The Contractor's Representative during the performance of the contract shall be Diego Mauri telephone 404-886-8079; Email: dmauri@zoll.com. ARTICLE 2 — TERM Number of Days for Delivery of the Cardiac Monitors effective upon date the contract is fully executed is ninety (90) Days, FOB Destination. The initial term of the maintenance agreement of the contract shall be for six (6) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2) five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. ARTICLE 4 - PAYMENT 4.1 The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. The Contractor may submit invoices to the City once per month during the progress of the Work. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. b. Final payment of any balance due the Contractor of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the City after the completion of the Work. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City's sole risk and without liability to Contractor and Contractor's sub-contractor. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. In submitting its response to the RFP, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. One (1)year parts and labor warranty against manufacturing defects affecting the performance of the unit to include transport of affected units OPTION: purchase a long-term bumper to bumper 5-year maintenance agreement to extend beyond the 1St year warranty for a total of 6 years. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, Contractor shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-contractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The Contractor 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 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 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. 10.1.3 Business Automobile Liability: The Contractor shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the Contractor 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 Contractor or by anyone directly or indirectly employed by the Contractor . 10.1.4 Professional Liability (Errors and Omissions) Insurance: The contractor shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the contractor to ensure that all sub-contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the Contractor of additional liability insurance coverage or coverage which is different in kid, the City reserves the right to require the provision by Contractor 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 Contractor 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 Contractor, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 Contractor shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claim- made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside contractors. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, Contractor shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 Ocean Avenue Boynton Beach, FL 33435 Notices to Contractor shall be sent to the following address: Firm Name: ZOLL Medical Attn: ZOLL Bids ADDRESS: 269 Mill Rd CITY/STATE/ZIP: Chelmsford, MA 01824 Tel, 978-421-9655 Fax: 978-421-0255 Email: bids@zoll.com ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and Contractor. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. City's liability for costs and attorney's fees, however, shall not alter or waive City's entitlement to sovereign immunity, or extend City's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — FLORIDA'S PUBLIC RECORDS LAW 23.1 The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.2 Keep and maintain public records required by the City to perform the service; 23.3 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, Florida Statue or as otherwise provided by law; 23.4 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 contact term and, following completion of the contract, Contractor shall provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.5 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. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTOR 'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 I ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 2020. CITY OF BOYNTON BEACH ZOLL MEDICAL Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk Page 254 of 701 Approved as to Form: Attest/Authenticated: Office of the City Attorney Witness Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Anthony Davidson City of Boynton Beach U FEMA 2080 High Ridge Rd. Boynton Beach, Florida 33426 EMW-2018-FO-00546 Dear Anthony Davidson, Congratulations on behalf of the Department of Homeland Security.Your application submitted for the Fiscal Year(FY) 2018 Assistance to Firefighters Grant (AFG) funding opportunity has been approved in the amount of $481,165.45 in Federal funding.As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.00 percent of the Federal funds awarded, or$48,116.55 for a total approved budget of $529,282.00 . Please see the FY 2018 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes(FEMA GO) system, By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: * Summary Award Memo- included in this document * Agreement Articles- included in this document * Obligating Document- included in this document * 2018 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, Bridget Bean Acting Assistant Administrator Grant Programs Directorate Page 256 of 701 Object Class Total Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $529,282.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Federal $481,165.45 Non-Federal $48,116.55 Total $529,282,00 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R' § 200.308 and the FY2018 AFC NOFO, Approved request details: Equipment Page 257 of 701 Agreement Articles Program: Fiscal Year 2018 Assistance to Firefighters Grant Recipient: City of Boynton Beach DUNS number: 072247133 Award number: EMW-2018-FO-00546 Table of contents Page 258 of 701 Article Non-supplanting Requirement 25 Article Notice of Funding Opportunity Requirements 26 Article Patents and Intellectual Property Rights 27 Article Procurement of Recovered Materials 28 Article Rehabilitation Act of 1973 29 Article Reporting of Matters Related to Recipient Integrity and Performance 30 Article Reporting Subawards and Executive Compensation 31 Article SAFECOM 32 Article Terrorist Financing 33 Article Trafficking Victims Protection Act of 2000 34 Article Universal Identifier and System of Award Management (SAM) 35 Article USA Patriot Act of 2001 36 Article Use of DHS Seal, Logo and Flags 37 Article Whistleblower Protection Act 38 Article Acceptance of Post Award Changes 39 Article Prior Approval for Modification of Approved Budget 40 Article Disposition of Equipment Acquired Under the Federal Award 41 Article Environmental Planning and Historic Preservation 42 Page 259 of 701 Article 4 Activities Conducted Abroad Recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Pub. L. No. 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance, Article 6 Americans with Disabilities Act of 1!990 Recipients must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101-12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information (P11) Recipients who collect Ph are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PH they collect. DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article 8 Civil Rights Act of 1964—Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7, Page 260 of 701 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act)— Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972 Pub. L. No. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of The Energy Policy and Conservation Act Pub. L. No. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of The False Claims Act, 31 U.S.C. § 3729-3733, which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. § 3801-3812 which details the administrative remedies for false claims and statements made. Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E,O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article 20 Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a, recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, codified as amended at 15 U.S.C. § 2225. Page 261 of 701 Article 27 Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 CY.R. § 401.14. Article 28 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act, 42 U.&C. § 6962. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 29 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub, L. No. 93-112 (1973) (codified as amended at 29 U.S.C. § 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article 30 Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the recipient must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XIj, the full text of which is incorporated here by reference in the award terms and conditions. Article 31 Reporting Subawards and Executive Compensation Recipients are required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Page 262 of 701 Article 40 Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. § 200.308. DHS/FEMA is also utilizing its discretion to impose an additional restriction Linder 2 C.F.R. § 200.308(e) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the Federal share is greater than the simplified acquisition threshold (currently$250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 41 Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its subrecipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. Article 42 Environmental Planning and Historic Preservation DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all Federal, state, and local requirements. Acceptance of Federal funding requires recipient to comply with all Federal, state and local laws. Failure to obtain all appropriate federal, state and local environmental permits and clearances may jeopardize Federal funding.DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP Review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations;and, any other applicable laws and Executive Orders. To access the FEIVIA's Environmental and Historic Preservation (EHP) screening form and instructions go to the DHS/FEMA website at: https://www.fema.gov/media- library/assets/documents/90495. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. Failure to provide requisite information could result in delays in the release of grant funds.If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered, applicant will immediately cease work in that area and notify the pass- through entity, it applicable, and DHS/FEMA. Page 263 of 701 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title} DATE Anthony Davidson _ 09/12/20191 18. FEMA SIGNATORY OFFICAL (Name and Title) DATE Bridget Bean, Acting Assistant Administrator Grant Programs 09/0t4/2U19 Directorate Page 264 of 701 013-2210-20/RW - Cardiac Monitors Opening Date: July 23, 2020 2:00 PM Closing Date: August 13, 2020 2:30 PM Vendor Details Company Name: ZOLL Medical 269 Mill Rd Address: Chelmsford, MA 01824 Contact: ZOLL Bids Email: bids@zoll.com Phone: 978-421-9655 Fax: 978-421-0255 HST#: 04-2711662 Submission Details Created On: Monday July 27,2020 09:50:04 Submitted On: Tuesday August 11,2020 09:29:35 Submitted By: ZOLL Bids Email: bids@zoll.com Transaction#: 3ec6baf3-3c8b-428f-b39c-074204001 af3 Submitter's IP Address: 73.249.238.236 Bid Number: 013-2210-20/RW Vendor NaMe: ZQ OMal Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Schedule of Prices Lern Item � Description Quantity Unit Price* Total i 1 Cardiac 12 lead 13 $37,305.4400 $484,970.72 Monitors/Defibrillators electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set up. Subtotal: $484,970.72 Discount Off List Pricing. Lern Description Percentage Discount* 1 Pricing (or a percentage discount off of list pricing) on 27 accessories that are not covered under the preventative maintenance plan. Option for Five Year Maintenance Agreement Line Item Description Quantity Price Per Year* Total Item 1 Maintenance Agreement. OPTION: purchase a 5 $88,549.5000 $442,747.50 long-term bumper to bumper 5-year maintenance agreement to extend beyond the 1st year warranty for a total of 6 years. Subtotal: $442,747.50 Bid Number: 013-2210-20/RW Vendor NaMe: Z %b OMal Summary Table Bid Form Amount Schedule of Prices $484,970.72 Subtotal Contract Amount: $484,970.72 Bid Questions Number of Days for Delivery FOB Destination: 150 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses Description Response* Comments Is your company a Minority Owned No business? Please select the appropriate response Not Applicable Do you possess a certification qualifying No your business as a Minority Owned business? Issuing organization name Input response in comments box to the right N/A Date of Issuance Input response in comments box to the right N/A Bid Number: 013-2210-20/RW Vendor NaMe: Z %tl OMal Letter of interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. Line nDescription Response* Item 1 The Letter of Interest shall summarizes the Proposer's August 13, 2020 primary qualifications and a firm commitment to provide the City of Boynton Beach proposed services. 100 E Ocean Avenue Boynton Beach, FL 33435 RE: Request for Proposal: Cardiac Monitor RFP 013-2210- 20/RW Dear Sir/Ma'am, ZOLLO Medical Corporation ("ZOLL") is pleased to provide our response to your Request for Proposal: Cardiac Monitor RFP 013-2210-20/RW due August 13 , 2020 at 2:30 p.m. ZOLL manufactures and markets an integrated line of proprietary, non-invasive resuscitation devices and disposable electrodes. ZOLL's products are used in hospitals, by emergency medical services (EMS) personnel and in public access environments to provide lifesaving pacing and defibrillation to patients suffering cardiac arrest, and for the treatment of patients with life-threatening cardiac arrhythmias. ZOLL also designs and markets software that automates collection and management of both clinical and non-clinical data. Thank you for the opportunity to respond to this bid request. We stand ready to serve the needs of City of Boynton Beach, and look forward to the prospect of a long and mutually rewarding relationship. If you need further information or have any questions concerning this bid submittal, please do not hesitate to call me at 404-886-8079 (cell), or email me at dmauri@zoll.com. Regards, Diego Mauri Account Executive EMS Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Is the business located Does the business have Is the business within the City limits of a business tax receipt registered with the Number of years in Business license Boynton Beach, issued in the current Florida Division of business* number* Florida?"* year?* Corporations? r Yes r Yes r Yes Ir No Ir No Ir No Bid Number: 013-2210-20/RW Vendor NaMe: Z %�OMal Qualifications of Team and availability of specialty resources Provide an overview of the Qualifications of the specific team to perform the requested services. Specify and present as a minimum, similar experience in scope of work. Identify the management staff who would be assigned to the project as follows: Description Response a. An organizational chart that clearly defines the lines of Please see attached biographies in Specifications attachments authority. b. The names and roles of each professional to be assigned Please see attached biographies in Specifications attachments to this contract, including familiarity with projects of a similar nature. Please see attached biographies in Specifications attachments c. The estimated amount of involvement expressed as a Please see attached biographies in Specifications attachments percentage of time, of each of the staff members. Please see attached biographies in Specifications attachments d. Brief resumes of academic training and employment in the Please see attached biographies in Specifications attachments applicable fields. Team resumes shall be limited to twelve (12) pages. Please see attached biographies in Specifications attachments e. Experience of identified staff members with developing Please see attached biographies in Specifications attachments comparable scope of services. Please see attached biographies in Specifications attachments f. Availability location and workload of the proposed team Please see attached biographies in Specifications attachments contained on a maximum of 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled Please see attached biographies in Specifications attachments by the key project managers at any given time. Please see attached biographies in Specifications attachments 3. Projected workload of project management activities as Please see attached biographies in Specifications attachments defined in the scope of services Implementation Plan and Approach Narrative of Project Understanding: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges,the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of equipment, capital costs and operating and maintenance costs over the life of the equipment. This section shall be limited to no more than fifteen (15) pages. Work plans longer than fifteen (15) pages will only have the first fifteen (15) pages reviewed. Description Response Narrative of Project Understanding JPlease see attachment in documents Bid Number: 013-2210-20/RW Vendor NaMe: Z26 OMal Company Background, Capabilities and Qualifications Provide one (1) or more reference contracts with Local Governments or other Public Entities projects of a similar size, scope and complexity that have been awarded to your firm within the last five (5)years. Each should demonstrate the experience of the firm providing at least one of the services described in Section 2 as required by this RFP. For each reference, provide the following information: Description Response* 1) Client name/Client's Representative name, address, phone Delray Beach Fire Rescue number, and email. 2) Name and location of the contract/project. 501 W Atlantic Ave, Delray Beach, FL 33444 3) Description of the scope of work. Description: The project consisted of Delray Beach Fire Rescue purchasing (18) X Series Monitors to replace their older monitors. 4) Role your company performed for each service provided to Role: We put together a training plan that included 2 weeks of this entity: traning and also included scenario based situations so the crews were 100% comfortalble using the new monitors. We have done a follow up 5) Date of award and duration of contract. Date/Duration: The contract was put into place on 3/29/2019 and will last a total of 3 years. 6) Contract Price Price: $519,459.48 7) Present status of the contract. Status: The current status is the department is completely trained and we do follow up visits and training videos to assist with new employees as they hire. The training we provide is always ongoing and we assist during the year as the department needs it. References - Past Performance Provide three (3) governmental agencies references similar to design/build or construction manager at-risk contracts for which the Proposer has completed or are in progress within the past three(3)years with the following information: 1) Name of Agency, 2) Name of Project, 3)Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three (3)times. If there is no answer after the third attempt, the City may apply no points for that project experience. Name of Agency* Name of Project* Contact Name" Email Address* Telephone Number* Delray Beach Fire 18 X Series Monitors Kevin Green Green K@mydel raybeach.c (561) 635-3991 Rescue om Coral Spring Fire 18 X Series Monitors Juan Cardona Jcardona@coralsprings.or (561) 719-2263 Department g South Trail Fire and 9 X Series Monitors Gene Rogers Grogers@southtrailfire.org (239) 770-3070 Rescue District Bid Number: 013-2210-20/RW Vendor NaMe: ZQ%OMal Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or"TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-Consultant(s) Identification of any sub-PROGRESSIVE DESIGN BUILD TEAM firms providing significant services that may be assigned more than five (5%) of the work. The Proposer proposes the following major sub-PROGRESSIVE DESIGN BUILD TEAM for the major areas of work for the Project. The Proposer is further notified that all sub-PROGRESSIVE DESIGN BUILD TEAM shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-PROGRESSIVE DESIGN BUILD TEAM, if required. Owner reserves the right to reject any sub-PROGRESSIVE DESIGN BUILD TEAM who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.)to perform under this award. Owner reserves the right to inspect all facilities of any sub- PROGRESSIVE DESIGN BUILD TEAM in order to make a determination as to the foregoing. By clicking here I confirm that there are no Sucontractor(s) and the Bidder shall perform the project with their"OWN FORCES". Name # Address Scope of work license No Contract Amount Percentage(%)of l Contract Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed,your Bid Call Document may be rejected. THESE DOCUMENTS MUST BE UPLOADED ONLINE WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Bid Number: 013-2210-20/RW Vendor NaMe: ZQl� OMal • PROPOSER'S QUALIFICATION STATEMENT- Proposers Qualifications.pdf- Friday August 07, 2020 09:49:12 • ANTI-KICKBACK AFFIDAVIT-Anti-kickback.pdf-Tuesday August 04, 2020 10:52:51 • NON COLLUSION AFFIDAVIT OF PROPOSER- Non Collusion.pdf-Tuesday August 04, 2020 10:56:22 • MINORITY OWNED BUSINESS CERTIFICATION -Minority.pdf-Tuesday August 04, 2020 13:04:47 • CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135-Statute.pdf-Tuesday August 04, 2020 10:56:31 • Florida Professional License, including evidence of possession of required licenses or business permits-ZOLL Tax Certificate of Registration for FL.pdf-Tuesday August 04, 2020 13:10:08 • Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form-Certificate Of Insurance.pdf-Tuesday August 04, 2020 12:49:48 • Supplemental Information -Worry Free Expert Care.pdf-Monday August 10, 2020 09:52:23 • Additional Information to be Provided (Delivery, Discount on Accessories, &Option for 5-Year Maintenance Agreements- Boynton Beach Fire quotes.pdf-Thursday August 06, 2020 11:36:51 Bid Number: 013-2210-20/RW Vendor NaMe: ZQl,�O del l Addenda &Acknowledgements The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Diego Mauri, Account Executive, ZOLL Medical Corporation The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. Bid Number: 013-2210-20/RW Vendor NaMe: ZQl, Odd l have reviewed the File Name below addendum and Pages attachments(if aPPlicaWe) Addendum 1 -RFP 013-2210-20RW Cardiac Monitors-Questions&Answers Tue August 4 2020 12:08 PM Addendum 1 -RFP 013-2210-20RW Cardiac Monitors-Questions&Answers Tue August 4 2020 11:05 AM Bid Number: 013-2210-20/RW Vendor NaMge 2 l,4 OMaJ PROPOSER'S QUALIFICATION STATEMENT D AND UPj.9AP92DNkM The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation X Name:ZOLL Medical Corporation Partnership Address: 269 Mill Road Individual CITY,State,Zip:Chelmsford MA,01824 Other Telephone No.: 978-421-9655 Fax No.: 978-421-0255 Email Address., esales o&oll.00m 1. State the true,exact,correct and complete name of the partnership,corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: ZOLL Medical Corporation The address of the principal place of business is: 269 Mill Road Chelmsford MA 01824 2. If Proposer is a corporation,answer the following: a. Date of Incorporation: 1980 b. State of Incorporation: Massachusetts C. President's name: Eliiah White d. Vice President's name: Aaron Grossman e. Secretary's name: Aaron Grossman f. Treasurer's name: John Bergeron g. Name and address of Resident Agent: N/A RFP 013-2210-20/RW for Cardlac Monitors V V 89571904-9244-C C D F-0147-CFD F 4/2020 6:27:59 PM UTC Page 275 of 701 3. If Proposer is an individual or a partnership,answer the following: a. Date of organization: N/A b. Name,address and ownership units of all partners: N/A c. State whether general or limited partnership: N/A 4. If Proposer is other than an individual,corporation or partnership, describe the organization and give the name and address of principals: N/A 5, If Proposer is operating under a fictitious name,submit evidence of compliance With the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name? 40 Under what other former names has your organization operated? None T Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. N/A ZOLL is not a local business in Florida. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES NO 9. Have you ever failed to complete any work awarded to you?If so,state when,where and why: N/A RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES VV89571904-9244-CCDF-0147-CFDF Pe 276 Of 701 4/2020 6:27:59 PM UaTC g 10. List the pertinent experience of the key individuals of your organization(continue on insert sheet,if necessary) Please see attached documentation 11. State the name of the individual who will have personal supervision of the work: Diego Mauri 12. State the name and address of attorney,if any,for the business of the Proposer: N/A 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent(5%)of the Proposer's business and indicate the percentage owned of each such business and/or individual: N/A 14. State the names,addresses,and the type of business of all firms that are partially or wholly owned by Proposer: N/A 15. State the name of Surety Company which will be providing the bond(if applicable),and name and address of agent: N/A RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES V V895719O4-9244-C C D F-014 7-CFD F 4/2020 6:27:59 PM UTC Page 277 of 701 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. ;Government Related Work Ito b Non-Governmental Related Workto .. 'total Work(a+b): _...... _. o Revenue Index Number f, Less than$100,000 2.m_...$100,000 to less than$250,000 3. $250,000 to less than$500,000 $500,000 to less than$1 million 5. $1 million to less than$2 million 6. $2 million to less than$5 million i-s-than 9 $25 mllllcion ntoeess than$50 millloion S $10 million to less than$25 million 10. T$50 million or greater 17. Bank References: Bank Address Telephone Bank of America 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule(continue on insert sheet,if necessary). Please see Project Implementation Plan 19. Provide descriptions of quality assurance/quality control management methods(continue on insert sheet,if necessary): Please see ZOLL Warranty paperwork RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES V V89571904-9244-CC D F-0147-CFD F 4/2020 6:27:59 PM UTC Page 278 of 701 M Is the financial statement submitted with your proposal(if applicable)for the identical organization named on page one? YES T1 NO El 21, If not,explain the relationship and financial responsibility of the organization whose financial statement is provided(e.g.,parent-subsidiary). N/A 22. What will be your turnaround time for written responses to City inquires? 15 days 23. List and describe all bankruptcy petitions(voluntary or involuntary)which have been filed by or against the Proposer,its parent or subsidiaries or predecessor organizations during the past five(5)years. Include in the description,the disposition of each such petition. N/A 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names,case arbitration or hearing identification numbers,the name of the project which the dispute arose,and a description of the subject matter of the dispute. N/A 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. N/A RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES V V 89571904-9244-C C D F-0147-CFD F 4/2020 6:27:59 PM UTC Page 279 of 701 26. Has the Proposer,its principals,officers or predecessors'organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five(5)years?If so,provide details. NO The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's PROPOSALS to perform under the contract shall cause the owner to reject the proposal,and if after the award,to cancel and terminate the award and/orcontract. (Signed) (Title) Senior Vice President,V.P NA Sales Subscribed and sworn to before me This day of0 2020 $J Nota rnis(Signature) My Commission Expires: :TNOTARY Marie Sriiivarr PUBLIC monweatth of ssachusetts Rmmissionxpfres mb r 14, 2025 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES V V 89571904-9244-C C D F-0147-CFD F 4/2020 6:27:59 PM UTC Page 280 of 701 Envelope ata Subject: Please sign bid documents Documents: RFP 013-2210-20RW Cardiac Moni2-20 EBidding Final RW.docx CD SF.pdf Document Hash: 26616796 nvelope ID: ENV89571904-9244-CCDF-0147-CFDF Sender: Christina Duffield Sent: 8/4/2020 5:32:59 PM UTC Status: Completed Status Date: 8/4/2020 6:27:59 PM UTC 2ecipient(s) / Roles Name/Role Address Type { Christina Duffield cduffield@zoil.com Sender Steven Flora sflora@zoll.com Signer Meaghan Moore mmoore@zoll.com CCC )ocument Events Name/ Roles Email IP Address Date Event c 8/4/2020 h Christina Duffield cduffield@zoll.com 73.249.238.236 5:32:59 PM Created C UTC 8/4/2020 Steven Flora sflora@zoll.com 75.69.98.205 6:28:00 PM Signed UTC 8/4/2020 6:27:59 PM Status-Completed UTC :arbon Copy Events Name/Roles Email Sent Meaghan Moore mmoore@zoll.com 8/4/2020 6:27:59 PM UTC Signer Signatures Signer Name/Roles Signature Initials I Steven Flora P-,zooro i I Page 281 of 701 0 ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission,kickback,reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. j By: A _1 Sworn and subscribed before me this 4th day of August,2020 Printed Information: Steven Flora NAME Senior Vice President,VP NA Sales TITLE NOTARY PUBLIC,State of Massachusetts at Large ZOLL Medical Corporation COMPANY OR 111111 Ermtty Marla Sullivan NOTARY tsVBLIC C0MMDnW&alth or Mhar 14, 4n Masanchusatt M CoMinlealon Expire$ "OFFICIAL NOTARY SEAL"STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ENVO8442304-3158-BE®,E MSY)-AEFA 9147Z'4 90C273W 09*MJITCC Page 282 of 701 i NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND UPLOADED ONLINE State of Massachusetts ) County of Middlesex ) Steven Flora being first duly sworn,deposes and says that: I) He is Senior Vice President,Vice President NA Sales of ZOLL Medical Corporation,the proposer that(Title) (Name of Corporation or Integrator) has submitted the attached RFP: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal, 3) Said RFP is genuine and is not a collusive or sham RFP, 4) Further,the said proposer nor any of its officers,partners,m hers,agents,representatives,employees or parties in interest,including this affiant,has in anyway colluded,conspired,connived or agreed,directly or indirectly with any other proposer,integrator or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner,directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer,integrator or person to fix the price or prices in the attached RFP or of any other proposer,or to fix any overhead,profit or cost element of the RFP price or the RFP price of any other proposer,or to secure through any collusion,conspiracy,connivance or unlmNful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract,and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlmNful agreement on the part of the proposer or any of its agents, representatives,m hers,employees,or parties in interest,including thhiiiss�a�f aant. f /} (Signed) j'" e �!1t• 4&A,& (Title) Senior Vice President,Vice President NA Sales Subscribed and sworn to before me This 4th day of August -20 20 L/YLL� VGr(�GVCLR Notary Public(Signature) My Commission Expires: Nov.14 2025 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ENVO8442304-3158-EE®,E MSE-£EFA MUG 90C273W 09*MJITCC Page 283 of 701 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses. Is your company a Minority Owned Business? No Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AND UPI,OADF,D ONLINE I, Steven Flora ,on behalf of ZOLL Medical Corporation certify Print Name and Title Company Name that ZOLL Medical Corporation does not Company Name 1.Participate in a boycott of Israel; and 2.Is not on the Scrutinized Companies that Boycott Israel List;and 3.Is not on the Scrutinized Companies with Activities in Sudan List; and 4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5.Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The CITY shall provide notice,in writing,to the Contractor of the City's determination concerning the false certification. The 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 the 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 Florida Statute§287.135. Section 287.135,Florida Statutes,prohibits the City from: 1)Contracting with companies for goods or services at the time of bidding on,submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,F.S.or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list,created pursuant to s.215.473,or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ENVO8 4x42304-3158-EE®,E MSY)-£EFA 9/4IIa'9Q0C22W99*MJIT0C Page 285 of 701 TO BE CONSIDERED COMPLETE AND ACCEPTABLE As the person authorized to sign on behalf of the Contractor,I hereby certify that the company identified above in the section entitled"Contractor"does not participate in any boycott of Israel,is not listed on the Scrutinized Companies that Boycott Israel List,is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List,and is not engaged inbusiness operations in Syria.I understand that pursuant to section 287.135, Florida Statutes,the submission of a false certification may subject the company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the CITY for goods or services may be terminated at the option of the CITY if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. ZOLL Nledicel Crnporetio�i S�`�W'V�!� j,• �W/{ii/� COMPANY NAME SIGNATURE Steven Flora Senior Vice President.Vice President NA Sales PRINT NAME TITLE Its Ermliy Morin Sullivan INpTARy PVOLIC CDMMDnW&alth or Mass chusatt M Cominiittion Expires RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ENVO8 4x42304-3158-EE®,E 22SY)-£EFA MUG 90C22W09*MJITCC Page 286 of 701 #3=127 ,U/2Jll+ Certificate Of Registration °R-11 R. 10/12 ®� �® Issued Pursuant to Chapter 212, Florida Statutes DEPARTMENT OF REVENUE L78-8012098517-2 09/02/94 Certificate Number Registration Effective Date This certifies that ZOLL MEDICAL CORPORATION 269 MILL RD CHELMSFORD MA 01824-4105 has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit tax as required by Florida law. This certificate is non-transferable. POST THIS CERTIFICATE IN A CONSPICUOUS PLACE -- CERTIFICATEt THIS IS YOUR SALES & USE TAX I I (DETACH AND POST IN A CONSPICUOUSPLACE) EISI Ia dealers who register r i - ctor are issued annual resale ertificates that expire on December 31 of the following year. immediately.These certificates are valid DR-11R,R. 10112 ® m DR-13 2013 Florida Annual Resale Certificatefor Sales Tax R. 10/12 ®l �® THIS CERTIFICATE EXPIRES ON DECEMBER 31,2013 DEPARTMENT OF RFVFNIIF Business Name and Location Address Registration Effective Date Certificate Number ZOLL MEDICAL CORPORATION 09/02/94 78-8012098517-2 269 MILL RD CHELMSFORD MA 01824-4105 This is to certify that all tangible personal property purchased or rented,real property rented,or services purchased by the above business are being purchased or rented for one of the following purposes: • Resale as tangible personal property. • Re-rental as real property. Incorporation as a material,ingredient,or • Re-rental as tangible personal property. • Incorporation into and sale as part of the repair of component part of tangible personal property • Resale of services. tangible personal property by a repair dealer. that is being produced for sale by manufacturing, • Re-rental as transient rental property. compounding,or processing. This certificate cannot be reassigned or transferred. This certificate can only be used by the active registered dealer or its authorized employees. Misuse of this Annual Resale Certificate will subject the user to penalties as provided by law.Use signed photocopy for resale purposes. Presented to: Presented by: (Insert name of seller on photocopy) (date) Authorized-Signature( ig-28/ UI d el... *THIS IS AN EXAMPLE ONLY DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE I 07/07/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Aon Risk services South, Inc. _NAME: PHONEFAX L Atlanta GA Office (A/C.No.Ext): C866) 283-7122 A/C.No.: (800) 363-0105 3565 Piedmont Rd NE,Blgl,#700 E-MAIL p Atlanta GA 30305 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A, Federal Insurance Company 20281 ZOLL Medical corporation INSURER B: Trans Pacific Ins CO 41238 and subsidiaries 269 Mill Road INSURER C: Travelers casualty Ins co of America 19046 Chelmsford MA 01824-4105 USA INSURER D: Mitsui Sumitomo Insurance USA Inc. 22551 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570067489202 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. Limits shown are as requested AUU INSR POLICY EFF POLICY EAP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY CLL EACH OCCURRENCE $1,000,000 CLAIMS-MADE X❑OCCUR PREMISES Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 p GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $2,000,000 00 X POLICY ❑PE ❑LOC PRODUCTS-COMP/OP AGG Excluded I- 0 OTHER: 0 I— BCA640976100 07/01/2017 07/01/2018 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY - $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) Z OWNED SCHEDULED BODILY INJURY(Per accident) N AUTOS ONLY AUTOS HIREDAUTOS NON-OWNED PROPERTY DAMAGE R ONLY AUTOS ONLY Per accident w N D X UMBRELLA LAB X OCCUR EXS5200217 07/01/2017 07/01/2018 EACH OCCURRENCE $10,000,000 V EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED I RETENTION C WORKERS COMPENSATION AND UB53319473 07/01/2017 07/01/2018X PER OTH- EMPLOYERS'LIABILITY Y STATUTE ER ANY PRO PRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I I E.L.DISEASE-POLICY LIMIT $1,000,000—_ A Products Liab 36019266 07/01/2017 07/01/2018 Prod/Comp Ops/Agg $5,000,000— Retro Date 10/1/2004 Prod/Comp Ops/Occ $5,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Products Liability - claims made coverage. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city Of Chula Vista AUTHORIZED REPRESENTATIVE 276 Fourth Ave., Bldg. 300 Chula Vista CA 91910 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 288 of 701 AGENCY CUSTOMER ID: 570000057723 LOC#: A ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk services south, Inc. ZOLL Medical corporation POLICY NUMBER see certificate Number: 570067489202 CARRIER NAIC CODE See certificate Number: 570067489202 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES If a policy below does not include limit information,refer to the corresponding policy on the ACORD certificate form for policy limits. POLICY POLICY INSR ADDL SUBR EF LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER DATE EXPIRATION LIMITS DATE DATE MM/DD/YYYY MM/DD/YYYY EXCESS LIABILITY A 79882432 07/01/2017 07/01/2018 Aggregate $5,000,000 Ex Products Liab Each $5,000,000 Occurrence ACORD 101(2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Page 289 of 701 t Eric Houle Manager, North Americav�" EMS Training and Clinical Deployments Eric joined ZOLL in 2012 as one of the first paramedics recruited to provide clinical education. Today, he manages a team of 13 fellow deployment specialists who cover the entire continent. He brings 23 years of experience in the Fire/EMS industry as a front-line provider, clinical educator and EMS system administrator. Prior to joining ZOLL, Eric was the EMS Clinical Training Manager for EVAC Ambulance, a countywide, non-profit ambulance service in central Florida where he continues to work part-time using a variety of ZOLL products, including X-Series°, Autopulse°, TabletPCR° and the RescueNet° Dispatch Billing suite. Eric is also an adjunct faculty member at Daytona State College. Clinical and EducationExperience Firefighter/Paramedic, State of Florida, 21 years Instructor, Basic Life Support (BLS) Instructor, Advanced Cardiac Life Support (ACLS) Instructor, Pediatric Advanced Life Support (PALS) Instructor/Coordinator, Prehospital Trauma Life Support (PHTLS) Instructor/Coordinator, Prehospital Emergency Pediatric Provider (PEPP) Basic and Advanced 12-Lead and Waveform Capnography Education Bachelor of Science, Management and Supervision, Daytona State College Professional Recognitions Firefighter of the Year, Halifax Stationll, 1997, Volusia County Fire Services Paramedic of the Year, 2002, Volusia County Emergency Medical Services Distinguished Service Award, Florida State College School of Medicine ZOLL Medical Corporation*EMS Training and Clinical Deployment Page ZOLL.90 of 701 i I Troy Laman Senior Deployment Specialiste' North Americak EMS Training and Clinical Deployment Troy joined ZOLL in 2008 as a specialist with Code Data products. He transitioned to the Clinical Deployment team in 2012 as one of the first paramedics recruited to provide clinical education for our resuscitation products. As a Senior Deployment Specialist, Troy works with a team of 14 paramedics who cover the entire continent and often provide support to our international divisions. He brings 27 years of experience in the Fire/EMS industry as a front-line provider and clinical educator. Prior to his work at ZOLL, Troy was a Senior Paramedic and Field Instructor for the Denver Health Paramedic Division, working as 911 paramedic covering the City and County of Denver. Clinical and EducationExperience Paramedic, State of Colorado, 27 years Critical Care Paramedic (CCEMT-P), UMBC Advanced Cardiac Life Support (ACLS) Pediatric Advanced Life Support (PALS) Education Bachelor of Science, Exercise Physiology, University of Northern Colorado Certified Project Manager, Rollins College (FL), Crummer School of Business ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 291 of 701 ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 292 of 701 Carol Calache Clinical Deployment Specialist Carol joined our Clinical Deployment Team with 20 4 t years' experience in Fire/EMS. She began her career in the private sector as a Paramedic/Field Training Officer, subsequently transitioning to a central Florida fire department where she moved through the ranks to Driver/Engineer and Clinical Educator. In 2009 she was elected by her peers to serve as their IAFF Union President and continued to do so until her retirement. She was instrumental in the initial beta-testing of the Autopulse° during its original market debut. Carol is a graduate of the University of Florida Sports Management program. Clinical and EducationExperience Firefighter/Paramedic, State of Florida, 20 years Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) Pediatric Advanced Life Support (PALS) Education Bachelor of Science, Sports Management, University of Florida Certified Project Manager, Rollins College (FL), Crummer School of Business Professional itl S Union President, IAFF Local 3118 2010-2016 Distinguished Service Award, administered by local municipality Distinguished Service Award, administered by agency Medical Director Advancing Women in Health Sciences ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 293 of 701 Staff Deployments Number Devices Device Account Eric Houle: 30 X-Series St John's County Fire Rescue (FL) 15 X-Series Advent Health EMS(FL) 130 X-Series Jacksonville Fire Department(FL) 38 X-Series Volusia County EMS(FL) 28 X-Series Volusia County Fire Rescue (FL) 58 X-Series (PA) 116 AED-3 Pittsburgh Fire Department(PA Troy Laman: 20 X-Series City of Yuma 46 X-Series Mesa Fire 50 X-Series Gold Cross UT 22 X-Series Rockingham Fire 23 X-Series Chandler Fire 43 X-Series Eugene Fire 30 X-Series Detroit Fire 70 X-Series CareFlight 53 X-Series REMSA 30 AED-3 AMR CO Springs Carol Calache 16 X-Series Parry Sound Emergency Medical Services 18 X-Series Delray Beach Fire Rescue 20 X-Series Johnston County EMS 38 X-Series Superior Ambulance Service 16 X-Series Vanderbilt Ground Transport 17 X-Series Wilson County Emergency Management 18 X-Series Mobile Fire Rescue 55 X-Series Collier County Emergency Medical Services 25 X-Series Montgomery County EMS 36 X-Series Mutual Aid Ambulance Inc 20 X-Series Ambitrans Medical Transport 20 X-Series Nature Coast EMS Page 294 of 701 u i i i i �I�rl t f � "r ai � r k W art c�r� rpt �le�r� Collaborative X Series°Training and Deployment Plan Assemble • Data Integration s • Trainer . Encl User �I II • On Site Suppod • Clinical Support Objective ZOLL's Clinical Deployment Team (CDS) will collaborate with Boynton Beach Fire Rescue's EMS Leadership to develop and execute a comprehensive deployment plan to place ZOLL 13 X-Series cardiac monitor/defibrillators into service. Execution would occur in phases to include product assembly, configuration, data integration, Super-User training, provider training, and post-training deployment support. Baynton Beach Fire-Rescue Deployment Plan Page 296 of 701 fro°eot Deliverc� les Buildout Product Shipment Product Inventory and Testing Product Configuration Data Integration Training On-line Learning Management System (optional) Administrator/Supervisor Training Provider Training Deploy Field Support During Deployment Post-deployment Follow Up Communications and Project Team Structure �4 mm Baynton Beach Fire-Rescue Deployment Plan Page 297 of 701 Order Submitted to ZOLL Customer Week 0 Needs Assessment/ ZOLL Project Week 1 Week 2 1 Week Plan Manager Development X-Series@1 ZOLL TM Unknown Variable Week 2 2 Days Shipment;Date Meeting: Data Integration and ZOLL Data Week 4 1 Day 12-lead Transmission Engineer Meeting: ZOLL a Project MWeek 5 1 Day Configuration Manager X-Series° Shipment ZOLL TM Week 8 1 Day Notification X-Series@1 ZOLL Tech Assembly and Services Week 9 4 Days Configuration X-Series°Admin Super-User CDS Team Week 10 3 Days Training X-Series° Provider CDS Team Week 11 TBD Training Deployment CDS Team After Above 1 week Support SAMPLE PLAN Baynton Beach Fire-Rescue Deployment Plan Page 298 of 701 Project Roles and Responsibilities Troy Laman Project Manager TBD Sales Engineer Diego Mauri Local ZOLL Territory Manager ZOLL Clinical Deployment Team Subject Matter Experts/Trainers Carlos Arreseigor ZOLL Regional QA Manager-Service TBD BBFR EMS Chief (or designated contact) TBD BBFR Logistics Representative TBD City of Boynton Beach IT Representative Timeline of Project Management Plan Order Notified Meeting: Ant Ship Training Training Received ship Date Configuration, Date Start Eric: Needs Meeting Assemble& Deployment Assessment Data Configure Support Integration Project Communication and Management Any changes, issues and/or updates will be communicated by the Project Manager to the customer's designated representative. Boynton Beach Fire-Rescue Deployment Plan Page 299 of 701 Product Shipping, Inventory, Testing and AssembIly X-Series'devices are manufactured to order. An estimated shipping date will be made available within 7-14 days of receiving a purchase order. Every effort is made to adhere to this timeline. That said, issues could arise that are outside of ZOLL's control which may stall or halt the manufacturing process. Should this occur, customer will be given the option to delay training or proceed as planned using loaner equipment provided by ZOLL. ZOLL's Clinical Deployment Team (CDS) will arrange for the inventory, assembly, testing and configuration of equipment in advance of scheduled training. Our team will apply and record asset tags if requested. Product Configuration and Data Integration At least 45 days prior to scheduled training, the assigned Sales [Data] Engineer (SE) will contact customer's IT Department to discuss available option for 12-lead transmission and data integration into the existing ePCR system. This meeting is typically done via conference call and, if needed, the SE will make a site visit. The SE will also discuss the various ways area hospitals can receive 12-lead EKGs and other benefits of the ZOLLonline system. As X-Series)training nears, a conference call will be scheduled to discuss various configuration options. It is not uncommon to make minor changes to a configuration based upon provider feedback as they go through trainings. Suggestions will be noted and addressed with EMS leadership at the end of each day. Trainings are conducted in a manner that configuration changes will not require retraining. Training and Quallity Assurance All ZOLL Clinical Deployment Specialists are seasoned paramedics with at least 10 years of experience in prehospital care, substantial experience in clinical education and a certificate in Project Management. While we are not an authorized provider of continuing education credit, we will make available to the customer any documentation necessary for them to apply for such. Sign-in sheets will be maintained for each program and a post-course evaluation will be provided to invite participant feedback. Participants will also have access to ZOLL's eLearning website before, during and after the training. If the customer has their own learning management system (Cetrelearn, Target Solutions, ect...), ZOLL will provide the files necessary to host on customer's own servers. Administration / Supervisor Training Additional training may be offered for administrators, supervisors or other key field personnel who are the initial "go-to" people to troubleshoot problems. This module is typically a 90-minute session held after participants have completed their initial monitor training. Boynton Beach Fire-Rescue Deployment Plan Page 300 of 701 Hospital Information Session ZOLL recognizes the importance of timely and reliable transmission of 12-lead EKG's. We propose hosting a one-hour 'Lunch-and-Learn' for key hospital personnel. This provides ER Managers and STEMI coordinators an opportunity to ensure their organization is prepared to receive prehospital 12-leads without disruption. The X-Series@ can push 12-leads into many commercially available EKG management programs, including RescueNet 12-Lead, LifeNet, CarePoint and GE Muse. Hospitals without a purpose-built 12-lead receiving program will be introduced to ZOLLonline, a free, HIPAA-compliant hosted solution for receiving and archiving prehospital data and alerting STEMI response teams. Community Rellations ZOLL has many resources available to make the community aware of your department's investment in lifesaving technology. Local media affiliates are welcome to attend our training events to obtain photographs or video footage for news broadcasts. Additionally, ZOLL's public relations manager can assist with drafting news releases or articles for city-sponsored publications. Boynton Beach Fire-Rescue Deployment Plan Page 301 of 701 -a U O u0 4 - U ,� E U U N = Ln O Q U O L x o Y O Q) J U C O C L a) - N ltA +' C 4- U O ro > a N OL > � Q) () 'a +- rO +' Q) W Q) O L L m 4-1 ,7 . c-I N M Ln -� 4- U O O Q) m m m m m v O OSA CL N in in in V) n N N4- O O� c O D L •� Q) Q ?; c-I N d N d Q] O N L 0 0 O O O O Q Q) t Q U Q) r N U +- O Ln <. 2 2 2 2 2 O O O Y "MO c c c c c a (B N 41 + - U O O L„ c +' E E E E (6 +� -C L fB m Q mo Q N O L U L a- ,t Ol N Ol N Q) N Q Q O Q) (6 N Q) O Q)UA UA UA t t -i N M ' Ln O O O +' fi Lu Lu Lu Lu Lu v Ln 4- .� Q) in in in V) �` v U 4- O O N +, a E O vi tip tB '� Y Q) +, O Ln 0 'L N O 2 2 2 2 2 v Q) .O Q) C O •N 1= N N N N N ru Y C C C C C U Ul CSDron Q �, ru Q ru CL " E E C� � (� L .� Ln - - Ol N Ol N C O Q) L _ L - - N Q •� •L Y i___ t O O 'a +' OL N m Ln cB cB O V O L +1 O O c L fB +• O N ci N ci N Ln Q) fB C O C a-- Q) _ E O O +� O Q 'O O O O O O Q C Uu u u u u +' N O 2 2 2 2 2 v V O Q) C Q) Q c c c c o > C L > O U V 4- O Q) O N - Q) fB L U > fB ro Q ro Q SQ1 U hI) C Ol N - - Ol N ro Ul r � 3 E � '� �Ul Y 4-a `� o �L � 4- O m -p O rt CO C C� N O O tB CU O 4- N . ..i C ,•~ E C•L m •L Q) , -4r--+' .' Q Q) Q , O O O Q) C r N a- O 'a +' O ai _ _ Q ul a' N Q i > Q) O Q t Q) Q) Q) Q) `n LU 0 U L -0 0 Ln -a -a O • • i • • The Worry-Free Service Plan is designed for customers who want the maximum coverage for their ZOLL device. No surprises® No worrying. The Worry-Free Service Plan is our most comprehensive plan, combining accidental damage coverage,* battery replacement, greater discounts on accessories, cables, and upgrades, and an on-site support option, including deployment of devices.** TheWorry-Free Service PlIan provides: Accidental damage coverage* - ECG 12-lead cable replacement* Lithium-ion SurePower TM battery replacement - Available on-site response option** Annual on-site** preventive maintenance Y 24/7 Technical phone support *Exclusions: Catastrophic damage/beyond repair will Discounts on accessories and cables, additional not be covered **Dependent on geographical location batteries, and parameter upgrades ***Upon failure (excluding physical damagel, Y Parts/labor on repairs for normal wear and tear with on-site support option Battery Replacement Program: • Batteries must be maintained per ZOLrs+recommended maintenanceprogram • Batteries are replaced upon failure, one for one, throughout the term of the ExpertCare Service contract,; should the SurePower battery or SurePower Charger display a fault • Batteries must be evaluated and confirmed of failure through ZOLL Technical Support and/or an on-site field service technician • Up to three'batteries per device will be covered for batteries acquired from ZOLL in last 36 months. • For batteries acquired from ZOLL over 36 months ago,;one battery per device will be covered r TRUST YOUR EQUIPMENT TO THE PEOPLEIT BEST We are committed to providing you with unparalleled service for all of your ZOLL devices. NEED E INFORMATION? ©2020 ZOLL Medical Corporation.All rights reserved.ExpertCare,SurePower, X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical Email: ServiceContractsAdmln@zoll.com Corporation in the United States and/or other countries. MCN CRP 19110073 Phone: 800.34.8.901 1 Contact your ZOLL representative Page 303 of 701 We offer o variety f service contract options to suit your needs and your budget. Field Preventive Maintenance* • Handle replacement as needed • Screen protector installation 40 40 • Tracking of PM schedule • Documentation for regulatory agencies Free loaner equipment shipped to arrive 40 01 40 by 10 a.m. next business day Telephone support 24/7 40 01 40 General software updates ($499 value) 40 01 40 Shipping fees waived** ($30 value) Minimum service fee waived ($285 value) Discounted accessories/cables Discounted lithium-ion SurePower TM II batteries Repairs: Parts/labor covered for normal wear and tear SurePower Charger: Parts/labor covered for normal 40 wear and tear Discounted parameter upgrade 40 Lithium-ion SurePower battery replacement upon end of life (exclusions apply) Accidental damage coverage*.. �r �(��I�ntat�tt'JWtI� eUalu�It�'dt�d„p�okdevtc�`tra=refur`r to ` lJpanfail'tii�`��xclu`di�gPhysi�al'dam�ae�el :�n�'f��n�'/unifjy�ar ` ` Qn slt�d�,v1o�d��lc�yrn�nfi whin r�laaired *Dependent on geographical location. **For PM Only Plan,will cover shipping of device for PM only. ***EXCLUSIONS: Catastrophic damage/beyond repair will not be covered. Page 304 of 701 TECHNICAL SUPPORT AND SERVICE ZOLL Medical Corporation provides technical assistance through our Technical Support Department. Should the ZOLL equipment require service, contact the Technical Support Department directly. Hours of Coveraae Technical Support is available through our Technical Support Help Desk by calling 1- 800-348-9011, Monday through Friday from 8:30 AM to 6:00 PM EST. The Technical Support Representative will require the following pertinent information to open a Service Request: • Unit Serial Number • Description of the complaint • Department where the equipment is being used • Patient information if applicable • ECG strips if available • Purchase Order number if the device is out of warranty This information will assist us in performing a full evaluation when the product is received at our Depot. You will be given an RMA number to track the return of your product. Emernencv Service Technical Support is available on an emergency basis 7 days a week during the hours not covered during a normal business day. Emergency Support is available by calling 1-800-348-9011. Repairs Repair service is provided via Depot Repair at ZOLL Corporate in Chelmsford, MA. Service is performed by factory trained Service Repair Technicians. Each unit is certified by successfully completing the 6 Month Checkout Procedure as detailed in the appropriate Service Manual, applying a Calibration sticker, and returning the product with a Warranty Repair Form indicating the work performed. As an ISO 9000 certified facility, we retain training records on each employee and are committed to providing the highest level of quality in the servicing of all ZOLL products. Service Loaners A Service Loaner is available at no charge during the repair analysis process and is shipped to arrive before 10 AM the next business day. ZOLL pays for the shipping and insurance of the customer unit and the Service Loaner while the unit is under Factory or Extended Warranty. Updated:9/25/08 Page 305 of 701 Hourly Labor Rates Our current Depot Repair Rate is $150 per hour. This rate is subject to change October 1" of each year. Overtime Hours and Rates There is no additional cost for overtime on Depot repaired items. On-site Service Repairs are performed at our Repair Depot at ZOLL Corporate in Chelmsford, MA. We do not offer on-site service but will provide loaners within 24 hours. Replacement Parts All replacement and repair exchange parts are typically available for shipment on the next business day following the request. Repair Exchange (R/X) Program The Repair Exchange program allows you to purchase"Repair Exchange Parts"at 50% off List Price. When an order is shipped for a "Repair Exchange Part", you will receive an invoice at full list price. Once the repair is complete, you must return the defective module for repair. Once the defective part is returned, if the module is repairable, you will receive a credit for 50% off the List Price of the Invoice. Guaranteed Parts Availability ZOLL guarantees parts for seven (7) years from the last date of manufacture. Guaranteed Service Turnaround Time As an ISO 9000 certified facility we are constantly trying to improve our turnaround time while maintaining a high quality of repair. You can expect a less than 10 business day turnaround on repairs. A Service Loaner is available at no charge while the product is being repaired. Guaranteed Eauipment Uptime You can expect 99% uptime based on typical use and the arrival of a Free Service Loaner by 10 AM the next business day. Updated:9/25/08 Page 306 of 701 OPTIONAL SERVICE CONTRACT PROGRAMS Preventive Maintenance Programs Preventive Maintenance programs can be purchased to maintain the superior performance of your ZOLL equipment. In most areas, ZOLL has either an authorized 3RD Party Biomedical Representative who have been factory trained or a ZOLL Field Support Representative to provide Preventive Maintenance on site at the Customer's location. These representatives are dispatched by the ZOLL Technical Support Contracts Department based on contract requirements. Upon completion of the Preventive Maintenance, the Field Representative will provide the customer with a Service Repair form for the work that was completed. In the event that on site PM service is not available in your area, arrangements will be made to send the devices to ZOLL Chelmsford Service Depot for service. A service loaner or loaners will be shipped to the customer's location for use during the time the units are in the ZOLL Service Depot. ZOLL recommends that Preventive Maintenance be performed twice per year or every six (6) months. Extended Warranty Programs ZOLL Medical offers a variety of Extended Warranty programs. These programs are designed to help you to budget your maintenance costs and protect you against price increases. An Extended Warranty can be purchased at any time by contacting ZOLL Technical Support Contracts Department. Biomedical/Service Training Program ZOLL Technical Support offers a two-day training and certification program, which will enable the attendees to repair and calibrate the defibrillator. This can be purchased through your local ZOLL Sales Representative. Rental Equipment Rental Equipment is available for rental purposes on a monthly basis. This can be purchased through our Technical Support Department. Updated:9/25/08 Page 307 of 701 t ,t>tt �Y ! It ssr u I ��{ tt} it it inti\s�1 tt { I/ ,� rt r tai ��i�+l�lt�,�1��31s{��l�ivl�littl�\i�(�111t1 itf r ALMOST TWO TIMES LIGHTER THAN OTHER POPULAR O ITO S a The X Series& extends the ZOLL legacy of smaller, lighter monitor/defibrillators. Pick it up. Feel the difference. At 11 .7 pounds (b kilograms, chances are it's twice as light as what you're carrying today. MOST COMPACT, BEST EQUIPPED Starting with a high-contrast, color display that simultaneously shows up to four waveforms, the X Series delivers the capabilities you expect from a full-featured monitor—for neonates through adults. And it can be equipped with a complete selection of best-in-class parameters, including Masimo® rainbovW SET pulse CO-Oximetry, Microstream® etCO2, and Welch Allyn NIBP, as well as three invasive pressures and two temperature channels. A MILITARY HERITAGE OF DURABILITY Driven by requirements from air transport and field military operations, the X Series raises the bar for durability. It complies ! with standards requiring normal operation following multiple drops from a height of 6.5 feet (2 meters. An industry-best ingress protection rating of IP55 means no other monitor is + }{ protected from dust particles and water like the X Series. n II ii IJ 1 t �l,'IISk3 1,I} td ti�i iS ,t+Lr - ��71}111{ 'i } i swan MA �Vl' i Vii, �'' Jl� Li"ll"I'll"I'l I { �" I 4 {me;�kfi �3yyI7��It�f I `F 4 ] 1 � t � I w } I {t 1 • a• a s • e a o • o s •6 ® a e � • as IIryryI Ai Sf� MAKING THE DIFFERENCE FOR PATIENTS When several Arizona fire departments deployed Real CPR Help° in combination with scenario-based training, the likelihood of patient survival nearly tripled.' In a study involving 373 medics and 484 patients, the odds of surviving cardiac arrest were 2.7 times better when Real CPR Help was used. A TOOL FOR SHORTENING PAUSES Pre-shock pauses as brief as 10 seconds adversely impact survival.2 The X Series is equipped with Unfiltered ECG signal during CPR industry-exclusive See-Thru CPR"' filtering technology. It reduces the length of interruptions by removing compression artifact so that medics can look for organized electrical activity during compressions. Signal filtered by See Thru CPR ' A V BECAUSE CPR IS A TEAM ACTIVITY Not everyone who works a code is an experienced responder. The CPR DashboardTl is a real-time window that gives team leaders an at-a-glance look at the quality of first-responder CPR. EVEN THE BEST RESCUER FATIGUES Real CPR Help prompts by exception. This means when medics are fresh and delivering good compressions, it is silent. With repetitive two-minute cycles, even the most fit medic tires. When compressions fall out of range, it gently guides rescuers back to high-quality, Guidelines-compliant compressions. ;I:wil ii NEW I Bobrow Bi et al.Annals of Emergency Medicine. 2013;62:47-56. 2 Cheskes,et al. Circulation. 201 1;124:58 66. 3 Meaney PA,et al. Circulation 2013;1 28:417-35. j t uyl��k 1 Yell t f Y dt �• \l `�.Y' lrY t Y iiU 1 'I sts ---------- ----- — ®® • ••• • • -• - •• • - • • • • • • - e t�6 s t .s, 12 LEADS ON SCREEN IMPROVE TACE QUALITY The STEMI View lets medics see h trace quality simultaneously in all leads. Confidently record a 12-lead ECG with the expectation it will f s be clean the first time and ready ' STEMI View for transmission without delay. A WINDOW TO SERIAL ECG CHANGES Unstablet t ti aens call for exra p {SS ,t}a�t i11ti r it ordinary vigilance. Substantial ST "A Q changes can occur between the �,'� initial transmission and arrival at the hospital.' The Split-Screen View N keeps medics on top of the situation by displaying the real waveform next f st , to one that was previously acquired. Split-Screen View QUICKER, MORE CONFIDENT DECISIONS rl y, At 94% sensitivity for detection of early STEMI, the X Series 12-lead algorithm is unmatched by other popular monitors. Make that alert call knowing it is based on the best algorithm. OPEN ARCHITECTURE MAXIMIZES STEMI OPTIONS The X Series puts medics in the best position to decide where to take a patient. Its open architecture means the X Series can transmit a 12-lead ECG into all of the p, leading STEMI and cardiology management systems. 4 Davis M,at al. Prehosp Emerg Care 2014;1 8:9-14. rt 1 si ti, � t i i � �1`tuitii t t Sl- ili� i�itQii)iu MAI, J 6 i i rFui11 " f\ ��,� Fifi 3,list l� .� ri�1) r t= 4 Y � �itti�; 1~ �111� �us�il��tNat u f� �I s t DESIGNED WITH CHARTING IN MINS �` �,` �� ,t, # The X Series is designed with electronic charting in mind. It redefines what a monitor should send to the patient ' t'f record. The built-in memory ensures a complete patient IJ l �l �5 record is transmitted by capturing 24 hours of event (ECG ;;_" !� and vital signs) or trend data, and up to 1,000 time- stamped ime stamped events. TRANSMIT T THE SPEED OF WIFI The X Series simplifies j}" TM transmission. Its standard • ��uh '°_ j.� communication package makes wires, cables, and � "dangles" a thing of the past. It is the first monitor to integrate Wil'i, Bluetooth, and USB capabilities as part of the standard communication package. AN OPEN, UNIVERSAL ePCR SOLUTION - The X Series speeds medic charting by seamlessly - xf uploading the event record. It automatically populates patient data fields in many of the leading ePCR systems. ZOLL's open interface software development kit (SDK) is available to all ePCR vendors. } MM 4 fi�sjtiAn.>R �.. I, tf" ,t t "ve s t r+ sst %§ , In � this, - f�i4r r i ME } Ysti}ss� I;1V t5 si �_ a ti t rte iS a B *Ig Screen Small Device .3{. View up to four waveforms '" of your choice. Switch from a brilliant color display to either high-contrast black- and-white or night-vision mode to ensure visibility under extreme conditions. �y t"Al'1,7" 7 ii y ` Visual Alarm �v Indicator Oridion Microstream® �� i� �i��° Capnography �i ski.......... H" Masimo®rainbow®SET . i Pulse CO-Oximetry a� p„ Page 317 of 701 sy�l� t�ttt��il'11I, _ Resuscitation View You get unequaled support for CPR. Display CPR Dashboard along with the real-time depth indicator and the filtered ECG that See-Thru CPR provides. Ready-for-Use Indicator Patient-Specific Settings -- Select the mode—Adult, Pediatric, or Neonate—and the bi alarm thresholds and energy Welch Allyn NIBP levels will automatically adjust. with Sure BPO and SmartCuf® SurePower System The lithium-ion SurePowet"ll battery delivers six hours of continuous run time. That'siit fit, r`ss enough power for even the Of busiest EMS operation. lil�lN .y n Rescue et® Code Review iw ° Conduct post-event analysis in Preconnected CPR support of QA, training, and Stat-pad,®for documentation programs with monitoring,pacing, this unparalleled software tool. defibrillation, and r s, Real CPR Help° �� _, .. r s34 Impacting Outcomes Link by Link Earl - Early � Early � ; Early Early � Early Post Resus Intervention Access "' CPR Defibrillation �� ACLS Carey Data Management and Analysis --�� - 49ll?it1)S9t i k1 '� �»> S EARLY INTERVENTION yl1 EARLY DEFIBRILLATION Immediate defibrillation is the single most Patients benefit when AEDs are deployed. While the important factor in saving an SCA victim's life. AED Plus° brings simplicity to the public responder, the ZOLL's LifeVest°Wearable Defibrillator is the AED Pro°delivers the durability expected for the first ultimate early intervention for high-risk patients. responding BLS provider. EARLY ACCESS EARLY ACLS A timely 91 1 response is critical to survival. " "` Whether it is ZOLL's biphasic waveform, which is ZOLL's RescueNet°suite of call management superior in high-impedance patients, an external pacing products helps ensure the right resources get to waveform that captures twice as often at half the current, the right place ASAP. or best-in class patient monitoring, ZOLL ensures providers are equipped to deliver the best care possible. t EARLY CPR " More than half of arrests involve non-shockable kys>, �' POST-RESUSCITATION CARE rhythms. Delivering consistent, high-quality " It is increasingly evident that post-resuscitation care CPR, whether manually using Real CPR Help or is a vital link in the Chain of Survival. Goal directed mechanically with the AutoPulse°is the basis of therapy, including fever control, fluid management, treatment for these patients. and glucose control, promise to improve outcomes. ZOLL has technologies for temperature management and delivery of fluid and blood products. AD ANCING RESUSCITATI0N . TODAY.° ZOLL Medical Corporation 1 269 Mill Road I Chelmsford,MA 01824 1978-421-9655 1800-804-4356 1 www.zoll.com For subsidiary addresses and Copyright©2C14 ZOLL Medical Corporation.All rights reserved.Advancing Resuscitation.Today.,CPR Dashboard,GfeVest, fax numbers,as well as other Real CPR Help,RescueNet,See-Thru CPR,SurePower,X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical global locations,please go to Corporation in the United States and/or other countries.All other trademarks are the property of their respective owners. www.zoll.com/contacts. SmartCuf and Sure BP are registered trademarks of Welch Allyn. Masimo,Rainbow,SET,SpCO,and SpMet are trademarks or registered trademarks of Masimo Corporation. Mcrostream is a registered trademark of Oridion Medical 1987 Ltd. Printed in U.S.A. MCN EP 1312 0018 ZQeLL01 Technical Specifications. flE, tr m ly Small, Light, and Powerful • At less than 12 pounds/6 kilograms, the X Series is about half the size and weight of other full-featured devices. • Its large, bright screen allows for simultaneous viewing of four traces, all 12 ECG leads, or static and dynamic 12-lead views on a "split screen' • The device also incorporates the latest, most advanced and most complete monitoring capabilities, including "gold standard" Masimo° rainbow° SET Pulse CO-Oximetry and Welch Allyn's Rapid NIBP technology to improve accuracy and reliability. CPR with Confidence • CPR Dashboard T"' provides real-time numeric depth and rate values and has a CPR timer that switches to an idle timer when compressions are stopped. The release indicator and the perfusion performance indicator (PPI) also help maximize CPR performance. • See-Thru CPR° (unique to ZOLLO) helps minimize the duration of interruptions by filtering out artifact, allowing you to see organized underlying rhythms during CPR. Unsurpassed 12-lead Data Collection and Communications Capabilities • The X Series is the first monitor/defibrillator with integrated WiFi. Bluetooth° and USB cellular modem capabilities are standard as well. • The X Series is designed to work in conjunction with the new RescueNet° Link EMS communications system.* With RescueNet Link, patient data can be automatically uploaded and streamed to remote displays in ambulances, hospitals, and communication centers while the rescuer cares for the patient on scene and in transit. • The X Series acquires, stores, and transmits 12-leads to ZOLL's easy-to-use and economical RescueNet 12-Lead and RescueNet MedGate 12-Lead management systems. ZOLLO Page 320 of 701 General Patient Modes Oxygen saturation during low-perfusion Impedance Pneumography Weight:11.7 lbs.(5.3 kg)with battery User Selectable:Adult,Pediatric,Neonate. conditions: Displayed Data:Numeric breath rate, and paper Automatically sets configurable defaults Adults,Pediatrics 70—100%,±2 digits Impedance waveform Dimensions:8.9 in(22.6 cm) x 10.4 in for alarm limits,defibrillation energy,and 0—69%,unspecified Breath Rate Range:Adult,Pediatric: (26.4 cm) x 7.9 in(20.1 cm) NIBP settings. Neonates,70—100%,±3 digits 2 to 150 breaths/minute.Neonates:3 to 150 Enclosure Protection:Solid Foreign Object: Trends(on-screen) 0-69%,unspecified breaths/minute. IEC 60529,IPSX Tabular numeric format Pulse Rate Range:25—240 bpm Breath Rate Accuracy:2%or±2,whichever Water:IEC 60529,IPX5 All parameters trended/viewable Pulse rate during no-motion conditions: is greater Operating:Temperature: Trend Intervals:1,5,10,15,30,60 minutes Adults,Pediatrics, Displayed Breath Rate:Average of last 0 to 50°C Duration:24 hours at 1-minute intervals Neonates:25-240±3 digits 10 breath-to-breath rates Humidity:15 to 95%PH Snapshots:Minimum of 32(12 seconds Pulse rate during motion conditions Leads:Lead I(RA—LA),Lead II(RA—LL) (non-condensing) of pre-and post-button press) Adults,Pediatrics, Sweep Speed:3.13,6.25,12.5 mm/sec Vibration:MIL-STD 810G,Method 514.6, Quick-access trend display via quick- Neonates:25-240±5 digits Alarm Settings:High,low,and no breath 4.4.2 Procedure II access button Sp02 Average time setting: rate alarm EN ISO 9919(per IEC 60068-2.64) 4,8(default),16 seconds Invasive Pressure EN 1789 for ambulance.RTCA/DO-160G Memory Capacity A combination of 24 hours of trends at Maximo rainbow-'SET Si Three Channels (multiple helicopter frequencies) Shock:IEC 2-27,1008,6 ms half sine 1-minute intervals,1000 time-stamped Range:0-99% Pressure Range:-30-300 mmHg Drop:EN 17889,9,30-inch functional drop,IEC events,and 32 snapshots,including monitor, Accuracy:1—40%±3 digits Pulse Rate Measurement Range: 60601-1,tested at 2 meters defibrillator,pacer,and treatment snapshots Maximo rainbow-SET Still 25—250 bpm Altitude:-170 m to 4572 mPacer Range:0—99% Formats:S/D,S/D(M),(M)user selectable (-557 feet to 15,000 feet) Type:External transcutaneous pacing Accuracy:1—15%±1 digits User-Selectable Labels:P1,P2,P3,ABP, A0,ART,CVP,BAP,FAP,LAP,PAP,RAP,UAP, Monitor/Display Pulse Types:Rectilinear,constant current Non-Invasive Blood Pressure(NIBP} UVP,ICP Pulse Width:40 ms±2 ms Smartcuf°and Sure BPO NIBP technology Size:6.5 in(16.56 cm)diagonal Transducer Requirements: Input:3-lead,5-lead,or 12-lead patient Pacer Rate:30—180 bpm±1.5% Measurement Intervals:Automatic 1-,2-,3-, 5M pV/V/mmHg cable,paddles,or multifunction electrodes Output Current:0—140 mA±5%or 5 mA, 5-,10-,15-,30-,60-minute,and manual Zero Adjustment:±200 mmHg Type:Color LCD,640 x 480 pixels, whichever is greater quick-action NIBP Start/Stop button Numeric Pressure Accuracy:±2 mmHg or 800 MCD Modes:Demand and Fixed TurboCuf:5 min of repeated NIBP readings 2%reading,whichever is greater of reading, Sweep Speed:25 mm/sec or 50 mm/sec CPR Display:Systolic,diastolic,mean.Viewable plus transducer error (user selectable) CPR Feedback Technology on-screen with large numerics. Transducer Connector:Standard 6-pin AAMI Lead Selections:Paddles(Pads),I,II,III, See-Thru CPR°:Artifact filtering Cuff Overpressure Protection Temperature AVR,AVL,AVF,V1-6 Real CPR Help°:Real-time depth and rate Typical Measurement Time: Two YSI 400/700 series-compatible channels Frequency Response: feedback 30—45 sec(on deflation) Range:0—50°C ser—122°FI (user selectable) CPR DashboardT":Numeric readout of depth 15—30 sec—Sure BP(on inflation) Units:°C or°Ff I #5 #1 N — ,Infant,Cuff Si d C daruSizes:Neonate 0.67—20 Hz Limited mode and rate,release indicator,perfusion StanDisplay:T1,T2,and Delta temp 0.67—40 Hz Monitor mode performance indicator(PPI) Small Child,Small Adult,Adult Long,Large Accuracy:±0.1°C (±0.06°FI from 10—50°C 0.25-40 Hz Filtered diagnostic mode ECG Adult,Thigh (50-122°F)±0.2°CI±0.11°F)from 0-10°C 0.05—150 Hz Diagnostic mode Default Cuff Inflation Pressure: Cable Detection:Automatic 3-,5-, Adults:160 mmHg (32—50°F) Defibrillator 12-lead ECG Pediatrics:120 mmHg Printer Waveform:Rectilinear BiphasicTM Input:3-lead cable,5-lead cable, Neonates:90 mmHg Type:High-resolution thermal array Energy Selections:1,2,3,4,5,6,7,8,9, 12-lead cable,paddles,therapy cable Pressure Measurement Range: Annotation:Time,date,ECG lead,ECG gain, 10,15,20,30,50,70,85,100,120,150,200 Leads:I,II,III,AVR,AVL,AVF,V1—V6 Systolic:20—260 mmHg heart rate,defibrillation,and pacing joules Heart Rate Range:30—300 bpm Diastolic:10—220 mmHg parameters and treatment summary events Energy Display:Display indicates selected Heart Rate Accuracy:±3 bpm or 3% Mean:13-230 mmHg Paper Width:80 mm and delivered energy Pacer Detection and Display Maximum Cuff Inflation Pressure: Paper Speed:25 mm/sec,50 mm/sec Charge Time:Less than 7 seconds with a ECG Sizes:0.125,0.25,0.5,1,2,4 cm/mV,and Adults:270 mmHg Delay:6 seconds new,fully charged battery auto-ranging Pediatrics:170 mmHg Frequency Response:Automatically set Charge Controls:Front panel and on apex Sweep Speed:25 mm/sec,50 mm/sec Neonates:130 mmHg to monitor's frequency response paddle Masini SET Sl Record Modes:Manual and automatic Pads/Paddles:Hands-free pads and external o EtCO2 Saturation Range:1—100/o (user configurable) adult and pediatric paddles.Adult paddles Range: Saturation Accuracy: Print Option Single waveform or a combina- slide off to expose pediatric paddles. 0 mmHg Oxygen saturation during no-motion conditions: Accuracy: acy: tion up to 3,on alarm,snapshots,treatment Synchronized Mode:Synchronizes Adults,Pediatrics:70—100%,±2 digits 0-3&±2 mmHg summary report,and trend summary defibrillator pulse to patient's R wave. 0—69%,unspecified "SYNC"message displayed on monitor and 39—150:±5%+.08%mmHg>38 Battery Neonates:70-100%,±3 digits Respiration Range:0-149 breaths per Type:Rechargeable lithium-ion,11.1 Vdc, markers shown on both monitor and recorded 0—69%,unspecified ECG.Meets Clause 104 of AAMI DF80. minute 6.6 Ah,73 Wh Oxygen saturation during motion conditions Respiration Rate Accuracy: Capacity:With a new,fully charged battery Adults,Pediatrics:70—100%,±3 digits 0—70 bpm±1 bpm operating at room temperature:At least 6 hours 0—69%,unspecified 71—120 bpm±2 bpm of continuous monitoring of ECG,Sp02,CO2, Neonates:70—100%,±3 digits 121—149 bpm±3 bpm 3 invasive pressure channels,and 2 channels of 0—69%,unspecified Flow rate:50 ml/min-7.5+15 ml/min temperature,with NIBP measurements every 15 Typical response time:2.9 seconds minutes and 10 200-joule shocks.300 shocks at Maximum response time:3.9 seconds 200 joules with fully charged new battery at room temperature.At least 3.5 hours pacing, with ECG,SP02,CO2,three invasive pressures, temperature,NIBP every 15 minutes and pacing at 180 ppm,and 140 mA. AC Power Adapter:100—240 VAC 50,60 Hz, ADVANCING 2A 100—115 VAC 400Hz,2A RESUSCITATION. TODAY.® ( E ZOLL Medical Corporation 0197 Worldwide Headquarters 269 Mill Road *This functionality will be available in future updates. Chelmsford,MA 01824 978-421-9655 Specifications subject to change without notice. 800-348-9011 ©2012ZOLL Medical Corporation."Advancing Besuscltation.Today.",CPB Dashboard,Bectillnear Biphasic,Beal CPB Help, www.zoll.com Bescuepi See-Thru CPB,X Series,and ZOLL are trademarks or registered trademarks ofZOLL Medical Corporation in the United States and/or other countries.Propaq,Smartcuf,and Sure BP are registered trademarks of Welch Allyn.Maslmo, For subsidiary addresses and fax numbers, Bainbow,SET,SpcU,and SpMet are trademarks or registered trademarks of Masimo Corporation.All other trademarks are as well as other global locations,please the property of their respective owners. go to www.zoll.com/contacts. Printed in U.S.A. 021210 9050-0235 , agQe2 0 � f � r TESTED TO When it comes to durability, the X Series' is tested to a more challenging standard THE MOST than any other monitor on the market. That's because its durability is measured against DEMANDING the most current military-specified standards. Withstanding multiple 6.5 feet (2 meters) STANDARD drops, the X Series exceeds the IEC failsafe standard. X Series Excels in Every Critical Comparison ZOLL X Series Physio-Control Lifepak 15' Philips MRX2 Size i 731 cubic inches 1796 cubic inches 1204 cubic inches Weight 11.7 lbs. 20.1 lbs. 13.21bs. Drop-Test IEC 60601-1 at 6.5 EN 1789:30-inch drop onto each of 6 IEC 68-2-32 free fall onto a feet:26 drops surfaces;5 drops on each side from 18 steel surface,30 inches with inches onto a steel surface carrying case Operating Temperature 0-60°C 0-45°C 0-45°C Shock 100 g 40 g 30 g Ingress Protection Rating IP 55 IP 44 IP 24 MEETS THE EMS There's a reason hospital equipment doesn't make it in the EMS world. Monitors CHALLENGE, NO are rained on, snowed on, bled on, and worse. Originally developed to survive the MATTER WHAT extreme conditions of the battlefield, the X Series is more than up to the EMS challenge. The X Series holds an industry-best ingress protection (IP) rating. At IP55, the X Series is virtually immune to the onslaught of water, dust, and body fluids your equipment faces in the field. Ingress Protection (IP) Rating 55 First digit C,l, Protection against Not Dust Dust g >50mm >12,5mm >2,5mm >1,0mm foreign objects protected protected tight Second digit jl», . ISM Dripping Protection against Not Dripping water Spraying Splashing Water Heavy' Immersion Submersion moisture protected' water tilted up water water Jets seas to 15°N Page 322 of 701 Your Back Is Your Livelihood 7 POUNDS When asked to name the number one attribute they look for in a monitor, EMS LESS PER LIFT professionals are consistent. They put size and weight at the top of their list. Back injuries are the most common reason medics leave EMS. One in four EMS practitioners experiences a career-ending injury within the first four years of service'because of the cumulative weight they lift. And every year, half of all EMS workers report suffering back pain. That's why ZOLL continually focuses on reducing monitor weight. At 1 1.7 pounds (b kilograms, the X Series is probably twice as light as what you carry today. Pick it up; it's likely 7 pounds lighter. Get that Boeing off your back. By switching to the X Series, you'll be carrying 112,000 less pounds over the course of your career—that's more than the weight of a Boeing 737! What Would You Rather Carry? t �xaz'.raggt P, - � � S t{ 7 Pounds Less Per Lift More Than the Weight of Than Most Monitors a Boeing over Your Career* Don't believe us? Here's the math: *7 lbs. x 4 uses/shift x 2 lifts/use x 2 shifts/week x 50 weeks/year x 20 years/career = 112,000 lbs.' cumulative lifting ILifePok 15 Instructions for Use on www.physiocontrol.com as of 6/18/14. 'Merrill,S.,&Green,D.(2012(.Task performance and health improvement 'Philips MRx M3536A Instructions for Use on www.philips.com as of 6/18/14. recommendations for emergency medical service practitioners.San Diego,Calif.: American Council on Exercise. ZOLL Medical Corporation 1269 Mill Road I Chelmsford,MA 01824 978-421-9655 800-804-4356 1 www.zoll.com ©2014 ZOLL Medical Corporation.All rights reserved.X Series and ZOLL are trademarks or registered trademarks of ZOLL Medical Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners. MCN EP 1406 0056 Page 323 of 701 4 �v The days of the "work alone" monitor/defibrillator are rapidly a thing of the past. An EMS monitor must connect. And that interface is expected to be seamless. Today, time-sensitive STEMI programs and ePCR systems drive communication needs. Mobile integrated health care, community paramedicine, and health information exchanges are on the horizon. Real-time streaming data and video are inevitable. The monitor you buy today must anticipate these needs. Communications are not an afterthought for the X Series°. It is designed to embrace these needs. The X Series comes standard with a communication package rivaled only by those of the latest smart phones. It stands ready for these new challenges. THE FULL The X Series is the first monitor to integrate a complete array of communications COMPLEMENT technology. The approach not only delivers an added layer of protection for the OF INTEGRATED demands of the pre-hospital environment, it eliminates the need for cables and dongles. TECHNOLOGY Every X Series comes with the following communications capabilities: • WiFi Open Architecture Maximizes • Bluetooth STEMI Options • USB 2.0 RescueNet • Ethernet 12-Lead LifeNet 0 ma WIFI — YOUR The X Series anticipates this future with its integrated MusETI Intellispace GATEWAY TO WiFi transmitter. Compatible with the 802.11 a, b, THE FUTURE g, and n standards, it delivers the speed required, "� and security expected, for sending large amounts of sensitive patient-care information. Email Phone ZOLL OPEN The focus on "time to treatment" is all about process Online ARCHITECTURE improvement. Sending a patient's 12-lead is its PUTS PATIENTS foundation in many places. The open architecture FIRST philosophy embodied by the X Series design Internet Encrypted gives services, and ultimately patients, a path to Transmission improvements that can't be matched by other monitors. X Series 12-leads can be sent to all leading STEMI and Bluetooth cardiology management systems. A medic's transport decision can now be driven by the shortest time ;,?h instead of compatibility with a hospital's system. WiFi _ USB Page 324 of 701 Designed for eCharting The use of ePCR systems has dramatically increased the size of the files transmitted. And consider what's around the corner. The demands for real-time streaming waveforms and video will magnify the bandwidth requirements by more than ten-fold. FAST, The X Series redefines what a monitor should collect and send to the patient SEAMLESS record. Its built-in memory ensures the complete patient record is transmitted by DATA UPLOAD capturing 24 hours of event or trend data, and up to 1,000 time-stamped events. SIMPLIFIES The X Series simplifies medic charting by seamlessly uploading the event record CHARTING with the speed of a WiFi connection. It will automatically populate patient data fields for many of the leading ePCR systems. Direct Transmission Cloud-to-Cloud Transmission RescueNet ePCR Partners RescueNet ePCR Partner ePCR ® l Voloftware ` Development Kit(SDK) 00 D0 ZOLL Online ePCR Partner Server ■ ,5 ��ll, � ' "@" ®!00® N � Soso* USB WiFi WiFi USB ZOLL's open architecture makes it possible to send event files to all ePCR systems. In line with ZOLL's commitment to open architecture, a Software Development Kit (SDK) is available to any ePCR vendor desiring to complete the interface. ZOLL Medical Corporation 1269 Mill Road I Chelmsford,MA 01824 978-421-9655 800-804-4356 1 www.zoll.com ©2014 ZOLL Medical Corporation.All rights reserved.Life Net,RescueNet,X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical Corporation in the United States and/or other countries.All other trademarks are the property of their respective owners. Mel"N t.a'1406 005,1 Page 325 of 701 t Eric Houle Manager, North Americav�" EMS Training and Clinical Deployments Eric joined ZOLL in 2012 as one of the first paramedics recruited to provide clinical education. Today, he manages a team of 13 fellow deployment specialists who cover the entire continent. He brings 23 years of experience in the Fire/EMS industry as a front-line provider, clinical educator and EMS system administrator. Prior to joining ZOLL, Eric was the EMS Clinical Training Manager for EVAC Ambulance, a countywide, non-profit ambulance service in central Florida where he continues to work part-time using a variety of ZOLL products, including X-Series°, Autopulse°, TabletPCR° and the RescueNet° Dispatch Billing suite. Eric is also an adjunct faculty member at Daytona State College. Clinical and EducationExperience Firefighter/Paramedic, State of Florida, 21 years Instructor, Basic Life Support (BLS) Instructor, Advanced Cardiac Life Support (ACLS) Instructor, Pediatric Advanced Life Support (PALS) Instructor/Coordinator, Prehospital Trauma Life Support (PHTLS) Instructor/Coordinator, Prehospital Emergency Pediatric Provider (PEPP) Basic and Advanced 12-Lead and Waveform Capnography Education Bachelor of Science, Management and Supervision, Daytona State College Professional Recognitions Firefighter of the Year, Halifax Stationll, 1997, Volusia County Fire Services Paramedic of the Year, 2002, Volusia County Emergency Medical Services Distinguished Service Award, Florida State College School of Medicine ZOLL Medical Corporation*EMS Training and Clinical Deployment ZOLL. Page 326 of 701 i I Troy Laman Senior Deployment Specialiste' North Americak EMS Training and Clinical Deployment Troy joined ZOLL in 2008 as a specialist with Code Data products. He transitioned to the Clinical Deployment team in 2012 as one of the first paramedics recruited to provide clinical education for our resuscitation products. As a Senior Deployment Specialist, Troy works with a team of 14 paramedics who cover the entire continent and often provide support to our international divisions. He brings 27 years of experience in the Fire/EMS industry as a front-line provider and clinical educator. Prior to his work at ZOLL, Troy was a Senior Paramedic and Field Instructor for the Denver Health Paramedic Division, working as 911 paramedic covering the City and County of Denver. Clinical and EducationExperience Paramedic, State of Colorado, 27 years Critical Care Paramedic (CCEMT-P), UMBC Advanced Cardiac Life Support (ACLS) Pediatric Advanced Life Support (PALS) Education Bachelor of Science, Exercise Physiology, University of Northern Colorado Certified Project Manager, Rollins College (FL), Crummer School of Business ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 327 of 701 ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 328 of 701 Carol Calache Clinical Deployment Specialist Carol joined our Clinical Deployment Team with 20 4 t years' experience in Fire/EMS. She began her career in the private sector as a Paramedic/Field Training Officer, subsequently transitioning to a central Florida fire department where she moved through the ranks to Driver/Engineer and Clinical Educator. In 2009 she was elected by her peers to serve as their IAFF Union President and continued to do so until her retirement. She was instrumental in the initial beta-testing of the Autopulse° during its original market debut. Carol is a graduate of the University of Florida Sports Management program. Clinical and EducationExperience Firefighter/Paramedic, State of Florida, 20 years Basic Life Support (BLS) Advanced Cardiac Life Support (ACLS) Pediatric Advanced Life Support (PALS) Education Bachelor of Science, Sports Management, University of Florida Certified Project Manager, Rollins College (FL), Crummer School of Business Professional itl S Union President, IAFF Local 3118 2010-2016 Distinguished Service Award, administered by local municipality Distinguished Service Award, administered by agency Medical Director Advancing Women in Health Sciences ZOLL Medical Corporation*EMS Training and Clinical Deployment Page 329 of 701 Staff Deployments Number Devices Device Account Eric Houle: 30 X-Series St John's County Fire Rescue (FL) 15 X-Series Advent Health EMS(FL) 130 X-Series Jacksonville Fire Department(FL) 38 X-Series Volusia County EMS(FL) 28 X-Series Volusia County Fire Rescue (FL) 58 X-Series (PA) 116 AED-3 Pittsburgh Fire Department(PA Troy Laman: 20 X-Series City of Yuma 46 X-Series Mesa Fire 50 X-Series Gold Cross UT 22 X-Series Rockingham Fire 23 X-Series Chandler Fire 43 X-Series Eugene Fire 30 X-Series Detroit Fire 70 X-Series CareFlight 53 X-Series REMSA 30 AED-3 AMR CO Springs Carol Calache 16 X-Series Parry Sound Emergency Medical Services 18 X-Series Delray Beach Fire Rescue 20 X-Series Johnston County EMS 38 X-Series Superior Ambulance Service 16 X-Series Vanderbilt Ground Transport 17 X-Series Wilson County Emergency Management 18 X-Series Mobile Fire Rescue 55 X-Series Collier County Emergency Medical Services 25 X-Series Montgomery County EMS 36 X-Series Mutual Aid Ambulance Inc 20 X-Series Ambitrans Medical Transport 20 X-Series Nature Coast EMS Page 330 of 701 u i i i i �I�rl t f � "r ai � r k 0. art c�r� rpt �le�r� Collaborative X Series°Training and Deployment Plan Assemble • Data Integration s • Trainer . Encl User �I II • On Site Suppod • Clinical Support Objective ZOLL's Clinical Deployment Team (CDS) will collaborate with Boynton Beach Fire Rescue's EMS Leadership to develop and execute a comprehensive deployment plan to place ZOLL 13 X-Series cardiac monitor/defibrillators into service. Execution would occur in phases to include product assembly, configuration, data integration, Super-User training, provider training, and post-training deployment support. Baynton Beach Fire-Rescue Deployment Plan Page 332 of 701 fro°eot Deliverc� les Buildout Product Shipment Product Inventory and Testing Product Configuration Data Integration Training On-line Learning Management System (optional) Administrator/Supervisor Training Provider Training Deploy Field Support During Deployment Post-deployment Follow Up Communications and Project Team Structure �4 mm Baynton Beach Fire-Rescue Deployment Plan Page 333 of 701 Order Submitted to ZOLL Customer Week 0 Needs Assessment/ ZOLL Project Week 1 Week 2 1 Week Plan Manager Development X-Series@1 ZOLL TM Unknown Variable Week 2 2 Days Shipment;Date Meeting: Data Integration and ZOLL Data Week 4 1 Day 12-lead Transmission Engineer Meeting: ZOLL a Project MWeek 5 1 Day Configuration Manager X-Series° Shipment ZOLL TM Week 8 1 Day Notification X-Series@1 ZOLL Tech Assembly and Services Week 9 4 Days Configuration X-Series°Admin Super-User CDS Team Week 10 3 Days Training X-Series° Provider CDS Team Week 11 TBD Training Deployment CDS Team After Above 1 week Support SAMPLE PLAN Baynton Beach Fire-Rescue Deployment Plan Page 334 of 701 Project Roles and Responsibilities Troy Laman Project Manager TBD Sales Engineer Diego Mauri Local ZOLL Territory Manager ZOLL Clinical Deployment Team Subject Matter Experts/Trainers Carlos Arreseigor ZOLL Regional QA Manager-Service TBD BBFR EMS Chief (or designated contact) TBD BBFR Logistics Representative TBD City of Boynton Beach IT Representative Timeline of Project Management Plan Order Notified Meeting: Ant Ship Training Training Received ship Date Configuration, Date Start Eric: Needs Meeting Assemble& Deployment Assessment Data Configure Support Integration Project Communication and Management Any changes, issues and/or updates will be communicated by the Project Manager to the customer's designated representative. Boynton Beach Fire-Rescue Deployment Plan Page 335 of 701 Product Shipping, Inventory, Testing and AssembIly X-Series'devices are manufactured to order. An estimated shipping date will be made available within 7-14 days of receiving a purchase order. Every effort is made to adhere to this timeline. That said, issues could arise that are outside of ZOLL's control which may stall or halt the manufacturing process. Should this occur, customer will be given the option to delay training or proceed as planned using loaner equipment provided by ZOLL. ZOLL's Clinical Deployment Team (CDS) will arrange for the inventory, assembly, testing and configuration of equipment in advance of scheduled training. Our team will apply and record asset tags if requested. Product Configuration and Data Integration At least 45 days prior to scheduled training, the assigned Sales [Data] Engineer (SE) will contact customer's IT Department to discuss available option for 12-lead transmission and data integration into the existing ePCR system. This meeting is typically done via conference call and, if needed, the SE will make a site visit. The SE will also discuss the various ways area hospitals can receive 12-lead EKGs and other benefits of the ZOLLonline system. As X-Series)training nears, a conference call will be scheduled to discuss various configuration options. It is not uncommon to make minor changes to a configuration based upon provider feedback as they go through trainings. Suggestions will be noted and addressed with EMS leadership at the end of each day. Trainings are conducted in a manner that configuration changes will not require retraining. Training and Quallity Assurance All ZOLL Clinical Deployment Specialists are seasoned paramedics with at least 10 years of experience in prehospital care, substantial experience in clinical education and a certificate in Project Management. While we are not an authorized provider of continuing education credit, we will make available to the customer any documentation necessary for them to apply for such. Sign-in sheets will be maintained for each program and a post-course evaluation will be provided to invite participant feedback. Participants will also have access to ZOLL's eLearning website before, during and after the training. If the customer has their own learning management system (Cetrelearn, Target Solutions, ect...), ZOLL will provide the files necessary to host on customer's own servers. Administration / Supervisor Training Additional training may be offered for administrators, supervisors or other key field personnel who are the initial "go-to" people to troubleshoot problems. This module is typically a 90-minute session held after participants have completed their initial monitor training. Boynton Beach Fire-Rescue Deployment Plan Page 336 of 701 Hospital Information Session ZOLL recognizes the importance of timely and reliable transmission of 12-lead EKG's. We propose hosting a one-hour 'Lunch-and-Learn' for key hospital personnel. This provides ER Managers and STEMI coordinators an opportunity to ensure their organization is prepared to receive prehospital 12-leads without disruption. The X-Series@ can push 12-leads into many commercially available EKG management programs, including RescueNet 12-Lead, LifeNet, CarePoint and GE Muse. Hospitals without a purpose-built 12-lead receiving program will be introduced to ZOLLonline, a free, HIPAA-compliant hosted solution for receiving and archiving prehospital data and alerting STEMI response teams. Community Rellations ZOLL has many resources available to make the community aware of your department's investment in lifesaving technology. Local media affiliates are welcome to attend our training events to obtain photographs or video footage for news broadcasts. Additionally, ZOLL's public relations manager can assist with drafting news releases or articles for city-sponsored publications. Boynton Beach Fire-Rescue Deployment Plan Page 337 of 701 -a U O u0 4 - U ,� E U U N = Ln O Q U O L x o Y O Q) J U C O C L a) - N ltA +' C 4- U O ro > a N OL > � Q) () 'a +- rO +' Q) W Q) O L L m 4-1 C: 00 Ln �O+ i Q) � e � ,7 . c-I N M Ln -� 4- U O O Q) m m m m m v O qAC: CL N in in in V) n 00 N 4- O O� c C7 D L •� Q) Q ?; c-I N d N d Q] O N L 0 0 O O O O Q Q) t Q U Q) r N U +- O Ln <. 2 2 2 2 2 O O O Y "MO c c c c c a (B N 41 + - U O O L„ c +' E E E E (6 +� -C L fB m Q mo Q N O L U L a- ,t Ol N Ol N Q) N Q Q O Q) (6 N Q) O Q)UA UA UA t t -i N M ' Ln O O O +' fi Lu Lu Lu Lu Lu v Ln 4- .� Q) in in in V) �` v U 4- O O N +, a E O vi tip tB '� Y Q) +, O Ln 0 'L N O 2 2 2 2 2 v Q) .O Q) C O •N 1= N N N N N ru Y C C C C C U Ul CSDron Q �, ru Q ru CL " E E C� � (� L .� Ln - - Ol N Ol N C O Q) L _ L - - N Q •� •L Y i___ t O O 'a +' OL N m Ln cB cB O V O L +1 O O c L fB +• O N ci N ci N Ln Q) fB C O C a-- Q) _ E O O +� O Q 'O O O O O O Q C Uu u u u u +' N O 2 2 2 2 2 v V O Q) C Q) CL c c c c o > C L > O U V 4- O Q) O N - Q) fB L U > fB ro Q ro Q SQ1 U hI) C Ol N - - Ol N ro Ul r � 3 E � '� �Ul Y 4-a `� o �L � 4- O m -p O rt CO C C� N O O tB CU O 4- N . ..i C ,•~ E C•L m •L Q) , -4r--+' .' Q Q) Q , O O O Q) C r N a- O 'a +' O ai _ _ Q ul a' N Q i > Q) O Q t Q) Q) Q) Q) `n LU 0 U L -0 0 Ln -a -a O • • i • • The Worry-Free Service Plan is designed for customers who want the maximum coverage for their ZOLL device. No surprises® No worrying. The Worry-Free Service Plan is our most comprehensive plan, combining accidental damage coverage,* battery replacement, greater discounts on accessories, cables, and upgrades, and an on-site support option, including deployment of devices.** TheWorry-Free Service PlIan provides: Accidental damage coverage* - ECG 12-lead cable replacement* Lithium-ion SurePower TM battery replacement - Available on-site response option** Annual on-site** preventive maintenance Y 24/7 Technical phone support *Exclusions: Catastrophic damage/beyond repair will Discounts on accessories and cables, additional not be covered **Dependent on geographical location batteries, and parameter upgrades ***Upon failure (excluding physical damagel, Y Parts/labor on repairs for normal wear and tear with on-site support option Battery Replacement Program: • Batteries must be maintained per ZOLrs+recommended maintenanceprogram • Batteries are replaced upon failure, one for one, throughout the term of the ExpertCare Service contract,; should the SurePower battery or SurePower Charger display a fault • Batteries must be evaluated and confirmed of failure through ZOLL Technical Support and/or an on-site field service technician • Up to three'batteries per device will be covered for batteries acquired from ZOLL in last 36 months. • For batteries acquired from ZOLL over 36 months ago,;one battery per device will be covered r TRUST YOUR EQUIPMENT TO THE PEOPLEIT BEST We are committed to providing you with unparalleled service for all of your ZOLL devices. NEED E INFORMATION? ©2020 ZOLL Medical Corporation.All rights reserved.ExpertCare,SurePower, X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical Email: ServiceContractsAdmln@zoll.com Corporation in the United States and/or other countries. MCN CRP 19110073 Phone: 800.34.8.901 1 Contact your ZOLL representative Page 339 of 701 We offer o variety f service contract options to suit your needs and your budget. Field Preventive Maintenance* • Handle replacement as needed • Screen protector installation 40 40 • Tracking of PM schedule • Documentation for regulatory agencies Free loaner equipment shipped to arrive 40 01 40 by 10 a.m. next business day Telephone support 24/7 40 01 40 General software updates ($499 value) 40 01 40 Shipping fees waived** ($30 value) Minimum service fee waived ($285 value) Discounted accessories/cables Discounted lithium-ion SurePower TM II batteries Repairs: Parts/labor covered for normal wear and tear SurePower Charger: Parts/labor covered for normal 40 wear and tear Discounted parameter upgrade 40 Lithium-ion SurePower battery replacement upon end of life (exclusions apply) Accidental damage coverage*.. �r �(��I�ntat�tt'JWtI� eUalu�It�'dt�d„p�okdevtc�`tra=refur`r to ` lJpanfail'tii�`��xclu`di�gPhysi�al'dam�ae�el :�n�'f��n�'/unifjy�ar ` ` Qn slt�d�,v1o�d��lc�yrn�nfi whin r�laaired *Dependent on geographical location. **For PM Only Plan,will cover shipping of device for PM only. ***EXCLUSIONS: Catastrophic damage/beyond repair will not be covered. Page 340 of 701 TECHNICAL SUPPORT AND SERVICE ZOLL Medical Corporation provides technical assistance through our Technical Support Department. Should the ZOLL equipment require service, contact the Technical Support Department directly. Hours of Coveraae Technical Support is available through our Technical Support Help Desk by calling 1- 800-348-9011, Monday through Friday from 8:30 AM to 6:00 PM EST. The Technical Support Representative will require the following pertinent information to open a Service Request: • Unit Serial Number • Description of the complaint • Department where the equipment is being used • Patient information if applicable • ECG strips if available • Purchase Order number if the device is out of warranty This information will assist us in performing a full evaluation when the product is received at our Depot. You will be given an RMA number to track the return of your product. Emernencv Service Technical Support is available on an emergency basis 7 days a week during the hours not covered during a normal business day. Emergency Support is available by calling 1-800-348-9011. Repairs Repair service is provided via Depot Repair at ZOLL Corporate in Chelmsford, MA. Service is performed by factory trained Service Repair Technicians. Each unit is certified by successfully completing the 6 Month Checkout Procedure as detailed in the appropriate Service Manual, applying a Calibration sticker, and returning the product with a Warranty Repair Form indicating the work performed. As an ISO 9000 certified facility, we retain training records on each employee and are committed to providing the highest level of quality in the servicing of all ZOLL products. Service Loaners A Service Loaner is available at no charge during the repair analysis process and is shipped to arrive before 10 AM the next business day. ZOLL pays for the shipping and insurance of the customer unit and the Service Loaner while the unit is under Factory or Extended Warranty. Updated:9/25/08 Page 341 of 701 Hourly Labor Rates Our current Depot Repair Rate is $150 per hour. This rate is subject to change October 1" of each year. Overtime Hours and Rates There is no additional cost for overtime on Depot repaired items. On-site Service Repairs are performed at our Repair Depot at ZOLL Corporate in Chelmsford, MA. We do not offer on-site service but will provide loaners within 24 hours. Replacement Parts All replacement and repair exchange parts are typically available for shipment on the next business day following the request. Repair Exchange (R/X) Program The Repair Exchange program allows you to purchase"Repair Exchange Parts"at 50% off List Price. When an order is shipped for a "Repair Exchange Part", you will receive an invoice at full list price. Once the repair is complete, you must return the defective module for repair. Once the defective part is returned, if the module is repairable, you will receive a credit for 50% off the List Price of the Invoice. Guaranteed Parts Availability ZOLL guarantees parts for seven (7) years from the last date of manufacture. Guaranteed Service Turnaround Time As an ISO 9000 certified facility we are constantly trying to improve our turnaround time while maintaining a high quality of repair. You can expect a less than 10 business day turnaround on repairs. A Service Loaner is available at no charge while the product is being repaired. Guaranteed Eauipment Uptime You can expect 99% uptime based on typical use and the arrival of a Free Service Loaner by 10 AM the next business day. Updated:9/25/08 Page 342 of 701 OPTIONAL SERVICE CONTRACT PROGRAMS Preventive Maintenance Programs Preventive Maintenance programs can be purchased to maintain the superior performance of your ZOLL equipment. In most areas, ZOLL has either an authorized 3RD Party Biomedical Representative who have been factory trained or a ZOLL Field Support Representative to provide Preventive Maintenance on site at the Customer's location. These representatives are dispatched by the ZOLL Technical Support Contracts Department based on contract requirements. Upon completion of the Preventive Maintenance, the Field Representative will provide the customer with a Service Repair form for the work that was completed. In the event that on site PM service is not available in your area, arrangements will be made to send the devices to ZOLL Chelmsford Service Depot for service. A service loaner or loaners will be shipped to the customer's location for use during the time the units are in the ZOLL Service Depot. ZOLL recommends that Preventive Maintenance be performed twice per year or every six (6) months. Extended Warranty Programs ZOLL Medical offers a variety of Extended Warranty programs. These programs are designed to help you to budget your maintenance costs and protect you against price increases. An Extended Warranty can be purchased at any time by contacting ZOLL Technical Support Contracts Department. Biomedical/Service Training Program ZOLL Technical Support offers a two-day training and certification program, which will enable the attendees to repair and calibrate the defibrillator. This can be purchased through your local ZOLL Sales Representative. Rental Equipment Rental Equipment is available for rental purposes on a monthly basis. This can be purchased through our Technical Support Department. Updated:9/25/08 Page 343 of 701 t ,t>tt �Y ! It ssr u I i��i 4�,:ts��Vssv1 Si �� 111i {.;)� v�}�1�'11��Ssg 14{S)51 issiiu(s4ii71�1, s��i�r�4�}v t ALMOST TWO TIMES LIGHTER THAN OTHER ,s;,t,,}>>f�,��s�,,�{�,it�� `�„`„�t�°,��i,�<< POPULAR O ITO S The X Series® extends the ZOLL legacy of smaller, lighter monitor/defibrillators. Pick it up. Feel the difference. At 11 .7 L pounds (b kilograms, chances are it's twice as light as what t you're carrying today. MOST COMPACT, BEST EQUIPPED Starting with a high-contrast, color display that simultaneously shows up to four waveforms, the X Series delivers the capabilities you expect from a full-featured monitor—for neonates through adults. And it can be equipped with a complete selection of best-in-class parameters, including Masimo® rainbovW SET pulse CO-Oximetry, Microstream® etCO2, and Welch Allyn NIBP, as well as three invasive pressures and two temperature channels. A MILITARY HERITAGE OF DURABILITY Driven by requirements from air transport and field military operations, the X Series raises the bar for durability. It complies with standards requiring normal operation following multiple drops from a height of 6.5 feet (2 meters. An industry-best ingress protection rating of IP55 means no other monitor is �sa' protected from dust particles and water like the X Series. :f >r I 4t { \ �UF a tt l r164v Ma ate _sF n�i ��,: is { 17 4 i 4. r a 1 t ! POW4 i 4 t ?s1 tt{ 1 } t `ii i A r r'istt ��__- rr \,ti}l li\iif Frtalr-:. jri t stt. 1)t4tl r�i la�tt t .1�[. �;- } w 'i11�(( „ttl � i�—`„— �114� ai a yr„4 jh•4�,. __ �(�tid i {y�;f� t �, i Iti rte 1 U. 4 t - t ij sss»>tt�� t tt � r trtss 4 ilj ft i lc � a�trtl� �_ - ��. -- i--' } s ,;'-<~• � i 5' ti2t�j` 1� �} : l ��`tts{t{��S��f33\��1�aaF 4� t1 le Yl,�� r1 rfs ( 4 rmeikfi, t �yll��t{�i - v, 1 rc r �1 t t S 5t 1„ t { x ` w r i� �I • a• a s • e a o • o s •6 ® a e � • as IIryryI Ai Sf� MAKING THE DIFFERENCE FOR PATIENTS When several Arizona fire departments deployed Real CPR Help° in combination with scenario-based training, the likelihood of patient survival nearly tripled.' In a study involving 373 medics and 484 patients, the odds of surviving cardiac arrest were 2.7 times better when Real CPR Help was used. A TOOL FOR SHORTENING PAUSES Pre-shock pauses as brief as 10 seconds adversely impact survival.2 The X Series is equipped with Unfiltered ECG signal during CPR industry-exclusive See-Thru CPR"' filtering technology. It reduces the length of interruptions by removing compression artifact so that medics can look for organized electrical activity during compressions. Signal filtered by See Thru CPR ' A V BECAUSE CPR IS A TEAM ACTIVITY Not everyone who works a code is an experienced responder. The CPR DashboardTl is a real-time window that gives team leaders an at-a-glance look at the quality of first-responder CPR. EVEN THE BEST RESCUER FATIGUES Real CPR Help prompts by exception. This means when medics are fresh and delivering good compressions, it is silent. With repetitive two-minute cycles, even the most fit medic tires. When compressions fall out of range, it gently guides rescuers back to high-quality, Guidelines-compliant compressions. ;I:wil ii NEW I Bobrow Bi et al.Annals of Emergency Medicine. 2013;62:47-56. 2 Cheskes,et al. Circulation. 201 1;124:58 66. 3 Meaney PA,et al. Circulation 2013;1 28:417-35. j t uyl��k 1 Yell t f Y dt �• \l `�.Y' lrY t Y iiU 1 'I sts ---------- ----- — ®® • ••• • • -• - •• • - • • • • • • - e i 12 LEADS ON SCREEN IMPROVE TRACE QUALITY The STEMI View lets medics see trace quality simultaneously in all r, leads. Confidently record a 12-lead ECG with the expectation it will1` be clean the first time and ready STEMI View for transmission without delay. A WINDOW TO SERIAL ECG CHANGES Unstable patients call for extra- fS�st�+'1�11�ftSr�'t' �iyi�il �i4�th)1S1 ii rl� {�lt��}r ordinary vigilance. Substantial ST �'lh��t�� changes can occur between the <<' �� Initial transmission and arrival at �_. the 4 The Split-Screen hos ital. S creen View p p tmb�- f keeps medics on top of the situation by displaying the real waveform next �� to one that was previously acquired. split-screen View QUICKER, MORE CONFIDENT DECISIONS At 94% sensitivity for detection of early STEMI, the X Series '' 12-lead algorithm is unmatched by other popular monitors. rte„ Make that alert call knowing it is based on the best algorithm. OPEN ARCHITECTURE MAXIMIZES STEMI OPTIONS ,, .' The X Series puts medics in the best position to decide where to take a patient. Its open architecture means the X Series can transmit a 12-lead ECG into all of the leading STEMI and cardiology management systems. 4 Davis M,at al. Prehosp Emerg Care 2014;1 8:9-14. 1 i' i Ottt}}fli��ltl)fl��l�?�i; r — itti� �is I �1Sutt�, t t t u f� �I s t DESIGNED WITH CHARTING IN MINS �` �,` �� ,t, # The X Series is designed with electronic charting in mind. It redefines what a monitor should send to the patient ' t'f record. The built-in memory ensures a complete patient IJ l �l �5 record is transmitted by capturing 24 hours of event (ECG ;;_" !� and vital signs) or trend data, and up to 1,000 time- stamped ime stamped events. TRANSMIT T THE SPEED OF WIFI The X Series simplifies j}" TM transmission. Its standard • ��uh '°_ j.� communication package makes wires, cables, and � "dangles" a thing of the past. It is the first monitor to integrate Wil'i, Bluetooth, and USB capabilities as part of the standard communication package. AN OPEN, UNIVERSAL ePCR SOLUTION - The X Series speeds medic charting by seamlessly - xf uploading the event record. It automatically populates patient data fields in many of the leading ePCR systems. ZOLL's open interface software development kit (SDK) is available to all ePCR vendors. t 4 fi�sjtiAn.>R �.. I, tf" ,t t "ve s t r+ sst %§ , In � this, - f�i4r r i ME } Ysti}ss� I;1V t5 si �_ a ti t rte iS a B *Ig Screen Small Device .3{. View up to four waveforms '" of your choice. Switch from a brilliant color display to either high-contrast black- and-white or night-vision mode to ensure visibility under extreme conditions. �y t"Al'1,7" 7 ii y ` Visual Alarm �v Indicator Oridion Microstream® �� i� �i��° Capnography �i ski.......... H" Masimo®rainbow®SET . i Pulse CO-Oximetry a� p„ Page 353 of 701 1y41 � u Resuscitation View You get unequaled support for CPR. Display CPR Dashboard along with the real-time depth indicator and the filtered ECG that See-Thru CPR provides. Ready-for-Use Indicator 7I�IIII�iI Patient-Specific Settings -- Select the mode—Adult, Pediatric, or Neonate—and the alarm thresholds and energy Welch Allyn NIBP levels will automatically adjust. with Sure BPO and SmartCuf® SurePower System The lithium-ion SurePowet"ll battery delivers six hours of continuous run time. That's iiy,ft,,„ r`ss enough power for even thety'� � busiest EMS operation. T ; F r Rescueet® Code Review Aw Conduct post-event analysis in Preconnected CPR support of QA, training, and Stat-padz®for documentation programs with monitoring,pacing, this unparalleled software tool. defibrillation, and �f Real CPR Help® rrs, Impacting Outcomes Link by Link Earl - Early � Early � ; Early Early � Early Post Resus Intervention Access "' CPR Defibrillation �� ACLS Carey Data Management and Analysis --�� - 49ll?it1)S9t i k1 '� �»> S EARLY INTERVENTION yl1 EARLY DEFIBRILLATION Immediate defibrillation is the single most Patients benefit when AEDs are deployed. While the important factor in saving an SCA victim's life. AED Plus° brings simplicity to the public responder, the ZOLL's LifeVest°Wearable Defibrillator is the AED Pro°delivers the durability expected for the first ultimate early intervention for high-risk patients. responding BLS provider. EARLY ACCESS EARLY ACLS A timely 91 1 response is critical to survival. " "` Whether it is ZOLL's biphasic waveform, which is ZOLL's RescueNet°suite of call management superior in high-impedance patients, an external pacing products helps ensure the right resources get to waveform that captures twice as often at half the current, the right place ASAP. or best-in class patient monitoring, ZOLL ensures providers are equipped to deliver the best care possible. t EARLY CPR " More than half of arrests involve non-shockable kys>, �' POST-RESUSCITATION CARE rhythms. Delivering consistent, high-quality " It is increasingly evident that post-resuscitation care CPR, whether manually using Real CPR Help or is a vital link in the Chain of Survival. Goal directed mechanically with the AutoPulse°is the basis of therapy, including fever control, fluid management, treatment for these patients. and glucose control, promise to improve outcomes. ZOLL has technologies for temperature management and delivery of fluid and blood products. AD ANCING RESUSCITATI0N . TODAY.° ZOLL Medical Corporation 1 269 Mill Road I Chelmsford,MA 01824 1978-421-9655 1800-804-4356 1 www.zoll.com For subsidiary addresses and Copyright©2C14 ZOLL Medical Corporation.All rights reserved.Advancing Resuscitation.Today.,CPR Dashboard,GfeVest, fax numbers,as well as other Real CPR Help,RescueNet,See-Thru CPR,SurePower,X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical global locations,please go to Corporation in the United States and/or other countries.All other trademarks are the property of their respective owners. www.zoll.com/contacts. SmartCuf and Sure BP are registered trademarks of Welch Allyn. Masimo,Rainbow,SET,SpCO,and SpMet are trademarks or registered trademarks of Masimo Corporation. Mcrostream is a registered trademark of Oridion Medical 1987 Ltd. Printed in U.S.A. MCN EP 1312 0018 ZQeLL01 Technical Specifications. flE, tr m ly Small, Light, and Powerful • At less than 12 pounds/6 kilograms, the X Series is about half the size and weight of other full-featured devices. • Its large, bright screen allows for simultaneous viewing of four traces, all 12 ECG leads, or static and dynamic 12-lead views on a "split screen' • The device also incorporates the latest, most advanced and most complete monitoring capabilities, including "gold standard" Masimo° rainbow° SET Pulse CO-Oximetry and Welch Allyn's Rapid NIBP technology to improve accuracy and reliability. CPR with Confidence • CPR Dashboard T"' provides real-time numeric depth and rate values and has a CPR timer that switches to an idle timer when compressions are stopped. The release indicator and the perfusion performance indicator (PPI) also help maximize CPR performance. • See-Thru CPR° (unique to ZOLLO) helps minimize the duration of interruptions by filtering out artifact, allowing you to see organized underlying rhythms during CPR. Unsurpassed 12-lead Data Collection and Communications Capabilities • The X Series is the first monitor/defibrillator with integrated WiFi. Bluetooth° and USB cellular modem capabilities are standard as well. • The X Series is designed to work in conjunction with the new RescueNet° Link EMS communications system.* With RescueNet Link, patient data can be automatically uploaded and streamed to remote displays in ambulances, hospitals, and communication centers while the rescuer cares for the patient on scene and in transit. • The X Series acquires, stores, and transmits 12-leads to ZOLL's easy-to-use and economical RescueNet 12-Lead and RescueNet MedGate 12-Lead management systems. ZOLLO Page 356 of 701 General Patient Modes Oxygen saturation during low-perfusion Impedance Pneumography Weight:11.7 lbs.(5.3 kg)with battery User Selectable:Adult,Pediatric,Neonate. conditions: Displayed Data:Numeric breath rate, and paper Automatically sets configurable defaults Adults,Pediatrics 70—100%,±2 digits Impedance waveform Dimensions:8.9 in(22.6 cm) x 10.4 in for alarm limits,defibrillation energy,and 0—69%,unspecified Breath Rate Range:Adult,Pediatric: (26.4 cm) x 7.9 in(20.1 cm) NIBP settings. Neonates,70—100%,±3 digits 2 to 150 breaths/minute.Neonates:3 to 150 Enclosure Protection:Solid Foreign Object: Trends(on-screen) 0-69%,unspecified breaths/minute. IEC 60529,IPSX Tabular numeric format Pulse Rate Range:25—240 bpm Breath Rate Accuracy:2%or±2,whichever Water:IEC 60529,IPX5 All parameters trended/viewable Pulse rate during no-motion conditions: is greater Operating:Temperature: Trend Intervals:1,5,10,15,30,60 minutes Adults,Pediatrics, Displayed Breath Rate:Average of last 0 to 50°C Duration:24 hours at 1-minute intervals Neonates:25-240±3 digits 10 breath-to-breath rates Humidity:15 to 95%PH Snapshots:Minimum of 32(12 seconds Pulse rate during motion conditions Leads:Lead I(RA—LA),Lead II(RA—LL) (non-condensing) of pre-and post-button press) Adults,Pediatrics, Sweep Speed:3.13,6.25,12.5 mm/sec Vibration:MIL-STD 810G,Method 514.6, Quick-access trend display via quick- Neonates:25-240±5 digits Alarm Settings:High,low,and no breath 4.4.2 Procedure II access button Sp02 Average time setting: rate alarm EN ISO 9919(per IEC 60068-2.64) 4,8(default),16 seconds Invasive Pressure EN 1789 for ambulance.RTCA/DO-160G Memory Capacity A combination of 24 hours of trends at Maximo rainbow-'SET Si Three Channels (multiple helicopter frequencies) Shock:IEC 2-27,1008,6 ms half sine 1-minute intervals,1000 time-stamped Range:0-99% Pressure Range:-30-300 mmHg Drop:EN 17889,9,30-inch functional drop,IEC events,and 32 snapshots,including monitor, Accuracy:1—40%±3 digits Pulse Rate Measurement Range: 60601-1,tested at 2 meters defibrillator,pacer,and treatment snapshots Maximo rainbow-SET Still 25—250 bpm Altitude:-170 m to 4572 mPacer Range:0—99% Formats:S/D,S/D(M),(M)user selectable (-557 feet to 15,000 feet) Type:External transcutaneous pacing Accuracy:1—15%±1 digits User-Selectable Labels:P1,P2,P3,ABP, A0,ART,CVP,BAP,FAP,LAP,PAP,RAP,UAP, Monitor/Display Pulse Types:Rectilinear,constant current Non-Invasive Blood Pressure(NIBP} UVP,ICP Pulse Width:40 ms±2 ms Smartcuf°and Sure BPO NIBP technology Size:6.5 in(16.56 cm)diagonal Transducer Requirements: Input:3-lead,5-lead,or 12-lead patient Pacer Rate:30—180 bpm±1.5% Measurement Intervals:Automatic 1-,2-,3-, 5M pV/V/mmHg cable,paddles,or multifunction electrodes Output Current:0—140 mA±5%or 5 mA, 5-,10-,15-,30-,60-minute,and manual Zero Adjustment:±200 mmHg Type:Color LCD,640 x 480 pixels, whichever is greater quick-action NIBP Start/Stop button Numeric Pressure Accuracy:±2 mmHg or 800 MCD Modes:Demand and Fixed TurboCuf:5 min of repeated NIBP readings 2%reading,whichever is greater of reading, Sweep Speed:25 mm/sec or 50 mm/sec CPR Display:Systolic,diastolic,mean.Viewable plus transducer error (user selectable) CPR Feedback Technology on-screen with large numerics. Transducer Connector:Standard 6-pin AAMI Lead Selections:Paddles(Pads),I,II,III, See-Thru CPR°:Artifact filtering Cuff Overpressure Protection Temperature AVR,AVL,AVF,V1-6 Real CPR Help°:Real-time depth and rate Typical Measurement Time: Two YSI 400/700 series-compatible channels Frequency Response: feedback 30—45 sec(on deflation) Range:0—50°C ser—122°FI (user selectable) CPR DashboardT":Numeric readout of depth 15—30 sec—Sure BP(on inflation) Units:°C or°Ff I #5 #1 N — ,Infant,Cuff Si d C daruSizes:Neonate 0.67—20 Hz Limited mode and rate,release indicator,perfusion StanDisplay:T1,T2,and Delta temp 0.67—40 Hz Monitor mode performance indicator(PPI) Small Child,Small Adult,Adult Long,Large Accuracy:±0.1°C (±0.06°FI from 10—50°C 0.25-40 Hz Filtered diagnostic mode ECG Adult,Thigh (50-122°F)±0.2°CI±0.11°F)from 0-10°C 0.05—150 Hz Diagnostic mode Default Cuff Inflation Pressure: Cable Detection:Automatic 3-,5-, Adults:160 mmHg (32—50°F) Defibrillator 12-lead ECG Pediatrics:120 mmHg Printer Waveform:Rectilinear BiphasicTM Input:3-lead cable,5-lead cable, Neonates:90 mmHg Type:High-resolution thermal array Energy Selections:1,2,3,4,5,6,7,8,9, 12-lead cable,paddles,therapy cable Pressure Measurement Range: Annotation:Time,date,ECG lead,ECG gain, 10,15,20,30,50,70,85,100,120,150,200 Leads:I,II,III,AVR,AVL,AVF,V1—V6 Systolic:20—260 mmHg heart rate,defibrillation,and pacing joules Heart Rate Range:30—300 bpm Diastolic:10—220 mmHg parameters and treatment summary events Energy Display:Display indicates selected Heart Rate Accuracy:±3 bpm or 3% Mean:13-230 mmHg Paper Width:80 mm and delivered energy Pacer Detection and Display Maximum Cuff Inflation Pressure: Paper Speed:25 mm/sec,50 mm/sec Charge Time:Less than 7 seconds with a ECG Sizes:0.125,0.25,0.5,1,2,4 cm/mV,and Adults:270 mmHg Delay:6 seconds new,fully charged battery auto-ranging Pediatrics:170 mmHg Frequency Response:Automatically set Charge Controls:Front panel and on apex Sweep Speed:25 mm/sec,50 mm/sec Neonates:130 mmHg to monitor's frequency response paddle Masini SET Sl Record Modes:Manual and automatic Pads/Paddles:Hands-free pads and external o EtCO2 Saturation Range:1—100/o (user configurable) adult and pediatric paddles.Adult paddles Range: Saturation Accuracy: Print Option Single waveform or a combina- slide off to expose pediatric paddles. 0 mmHg Oxygen saturation during no-motion conditions: Accuracy: acy: tion up to 3,on alarm,snapshots,treatment Synchronized Mode:Synchronizes Adults,Pediatrics:70—100%,±2 digits 0-3&±2 mmHg summary report,and trend summary defibrillator pulse to patient's R wave. 0—69%,unspecified "SYNC"message displayed on monitor and 39—150:±5%+.08%mmHg>38 Battery Neonates:70-100%,±3 digits Respiration Range:0-149 breaths per Type:Rechargeable lithium-ion,11.1 Vdc, markers shown on both monitor and recorded 0—69%,unspecified ECG.Meets Clause 104 of AAMI DF80. minute 6.6 Ah,73 Wh Oxygen saturation during motion conditions Respiration Rate Accuracy: Capacity:With a new,fully charged battery Adults,Pediatrics:70—100%,±3 digits 0—70 bpm±1 bpm operating at room temperature:At least 6 hours 0—69%,unspecified 71—120 bpm±2 bpm of continuous monitoring of ECG,Sp02,CO2, Neonates:70—100%,±3 digits 121—149 bpm±3 bpm 3 invasive pressure channels,and 2 channels of 0—69%,unspecified Flow rate:50 ml/min-7.5+15 ml/min temperature,with NIBP measurements every 15 Typical response time:2.9 seconds minutes and 10 200-joule shocks.300 shocks at Maximum response time:3.9 seconds 200 joules with fully charged new battery at room temperature.At least 3.5 hours pacing, with ECG,SP02,CO2,three invasive pressures, temperature,NIBP every 15 minutes and pacing at 180 ppm,and 140 mA. AC Power Adapter:100—240 VAC 50,60 Hz, ADVANCING 2A 100—115 VAC 400Hz,2A RESUSCITATION. TODAY.® ( E ZOLL Medical Corporation 0197 Worldwide Headquarters 269 Mill Road *This functionality will be available in future updates. Chelmsford,MA 01824 978-421-9655 Specifications subject to change without notice. 800-348-9011 ©2012ZOLL Medical Corporation."Advancing Besuscltation.Today.",CPB Dashboard,Bectillnear Biphasic,Beal CPB Help, www.zoll.com Bescuepi See-Thru CPB,X Series,and ZOLL are trademarks or registered trademarks ofZOLL Medical Corporation in the United States and/or other countries.Propaq,Smartcuf,and Sure BP are registered trademarks of Welch Allyn.Maslmo, For subsidiary addresses and fax numbers, Bainbow,SET,SpcU,and SpMet are trademarks or registered trademarks of Masimo Corporation.All other trademarks are as well as other global locations,please the property of their respective owners. go to www.zoll.com/contacts. Printed in U.S.A. 021210 9050-0235 agQe5 0 i f � r TESTED TO When it comes to durability, the X Series' is tested to a more challenging standard THE MOST than any other monitor on the market. That's because its durability is measured against DEMANDING the most current military-specified standards. Withstanding multiple 6.5 feet (2 meters) STANDARD drops, the X Series exceeds the IEC failsafe standard. X Series Excels in Every Critical Comparison ZOLL X Series Physio-Control Lifepak 15' Philips MRX2 Size i 731 cubic inches 1796 cubic inches 1204 cubic inches Weight 11.7 lbs. 20.1 lbs. 13.21bs. Drop-Test IEC 60601-1 at 6.5 EN 1789:30-inch drop onto each of 6 IEC 68-2-32 free fall onto a feet:26 drops surfaces;5 drops on each side from 18 steel surface,30 inches with inches onto a steel surface carrying case Operating Temperature 0-60°C 0-45°C 0-45°C Shock 100 g 40 g 30 g Ingress Protection Rating IP 55 IP 44 IP 24 MEETS THE EMS There's a reason hospital equipment doesn't make it in the EMS world. Monitors CHALLENGE, NO are rained on, snowed on, bled on, and worse. Originally developed to survive the MATTER WHAT extreme conditions of the battlefield, the X Series is more than up to the EMS challenge. The X Series holds an industry-best ingress protection (IP) rating. At IP55, the X Series is virtually immune to the onslaught of water, dust, and body fluids your equipment faces in the field. Ingress Protection (IP) Rating 55 First digit C,l, Protection against Not Dust Dust g >50mm >12,5mm >2,5mm >1,0mm foreign objects protected protected tight Second digit jl», . ISM Dripping Protection against Not Dripping water Spraying Splashing Water Heavy' Immersion Submersion moisture protected' water tilted up water water Jets seas to 15°N Page 358 of 701 Your Back Is Your Livelihood 7 POUNDS When asked to name the number one attribute they look for in a monitor, EMS LESS PER LIFT professionals are consistent. They put size and weight at the top of their list. Back injuries are the most common reason medics leave EMS. One in four EMS practitioners experiences a career-ending injury within the first four years of service'because of the cumulative weight they lift. And every year, half of all EMS workers report suffering back pain. That's why ZOLL continually focuses on reducing monitor weight. At 1 1.7 pounds (b kilograms, the X Series is probably twice as light as what you carry today. Pick it up; it's likely 7 pounds lighter. Get that Boeing off your back. By switching to the X Series, you'll be carrying 112,000 less pounds over the course of your career—that's more than the weight of a Boeing 737! What Would You Rather Carry? t �xaz'.raggt P, - � � S t{ 7 Pounds Less Per Lift More Than the Weight of Than Most Monitors a Boeing over Your Career* Don't believe us? Here's the math: *7 lbs. x 4 uses/shift x 2 lifts/use x 2 shifts/week x 50 weeks/year x 20 years/career = 112,000 lbs.' cumulative lifting ILifePok 15 Instructions for Use on www.physiocontrol.com as of 6/18/14. 'Merrill,S.,&Green,D.(2012(.Task performance and health improvement 'Philips MRx M3536A Instructions for Use on www.philips.com as of 6/18/14. recommendations for emergency medical service practitioners.San Diego,Calif.: American Council on Exercise. ZOLL Medical Corporation 1269 Mill Road I Chelmsford,MA 01824 978-421-9655 800-804-4356 1 www.zoll.com ©2014 ZOLL Medical Corporation.All rights reserved.X Series and ZOLL are trademarks or registered trademarks of ZOLL Medical Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners. MCN EP 1406 0056 Page 359 of 701 4 �v The days of the "work alone" monitor/defibrillator are rapidly a thing of the past. An EMS monitor must connect. And that interface is expected to be seamless. Today, time-sensitive STEMI programs and ePCR systems drive communication needs. Mobile integrated health care, community paramedicine, and health information exchanges are on the horizon. Real-time streaming data and video are inevitable. The monitor you buy today must anticipate these needs. Communications are not an afterthought for the X Series°. It is designed to embrace these needs. The X Series comes standard with a communication package rivaled only by those of the latest smart phones. It stands ready for these new challenges. THE FULL The X Series is the first monitor to integrate a complete array of communications COMPLEMENT technology. The approach not only delivers an added layer of protection for the OF INTEGRATED demands of the pre-hospital environment, it eliminates the need for cables and dongles. TECHNOLOGY Every X Series comes with the following communications capabilities: • WiFi Open Architecture Maximizes • Bluetooth STEMI Options • USB 2.0 RescueNet • Ethernet 12-Lead LifeNet 0 ma WIFI — YOUR The X Series anticipates this future with its integrated MusETI Intellispace GATEWAY TO WiFi transmitter. Compatible with the 802.11 a, b, THE FUTURE g, and n standards, it delivers the speed required, "� and security expected, for sending large amounts of sensitive patient-care information. Email Phone ZOLL OPEN The focus on "time to treatment" is all about process Online ARCHITECTURE improvement. Sending a patient's 12-lead is its PUTS PATIENTS foundation in many places. The open architecture FIRST philosophy embodied by the X Series design Internet Encrypted gives services, and ultimately patients, a path to Transmission improvements that can't be matched by other monitors. X Series 12-leads can be sent to all leading STEMI and Bluetooth cardiology management systems. A medic's transport decision can now be driven by the shortest time ;,?h instead of compatibility with a hospital's system. WiFi _ USB Page 360 of 701 Designed for eCharting The use of ePCR systems has dramatically increased the size of the files transmitted. And consider what's around the corner. The demands for real-time streaming waveforms and video will magnify the bandwidth requirements by more than ten-fold. FAST, The X Series redefines what a monitor should collect and send to the patient SEAMLESS record. Its built-in memory ensures the complete patient record is transmitted by DATA UPLOAD capturing 24 hours of event or trend data, and up to 1,000 time-stamped events. SIMPLIFIES The X Series simplifies medic charting by seamlessly uploading the event record CHARTING with the speed of a WiFi connection. It will automatically populate patient data fields for many of the leading ePCR systems. Direct Transmission Cloud-to-Cloud Transmission RescueNet ePCR Partners RescueNet ePCR Partner ePCR ® l Voloftware ` Development Kit(SDK) 00 D0 ZOLL Online ePCR Partner Server ■ ,5 ��ll, � ' "@" ®!00® N � Soso* USB WiFi WiFi USB ZOLL's open architecture makes it possible to send event files to all ePCR systems. In line with ZOLL's commitment to open architecture, a Software Development Kit (SDK) is available to any ePCR vendor desiring to complete the interface. ZOLL Medical Corporation 1269 Mill Road I Chelmsford,MA 01824 978-421-9655 800-804-4356 1 www.zoll.com ©2014 ZOLL Medical Corporation.All rights reserved.Life Net,RescueNet,X Series,and ZOLL are trademarks or registered trademarks of ZOLL Medical Corporation in the United States and/or other countries.All other trademarks are the property of their respective owners. Mel"N t.a'1406 005,1 Page 361 of 701 Wood, Rand From: Christina Duffield <CDuffield@zoll.com> Sent: Thursday, August 20, 2020 5:24 PM To: Wood, Randy Subject: RFP 013-2210-20 Cardiac Monitors Follow Up Flag: Follow up Flag Status: Flagged Good Evening Randy, I am writing to follow up on our phone conversation from earlier. Thank you for taking the time to speak to me. As we discussed, it was noticed that the values for the Option for the Five Year Maintainance Agreement were incorrect and a typo resulted in a very large miscalculation. In fact,the total value of the 5 year pricing should have been the $88,549.50 as it is shown on our quote that was attached to our bid response. Instead,the total value is showing as far greater than it should be. I hope this email will provide some clarification of our error. Please let me know if there is anything I can do to further rectify this situation as I'm sure you know,the error was a complete accident. I have spoken to Maria at the bidsandtenders site, and she has stated that she would like to discuss the situation with you tomorrow. Should you need to get in contact with me, my information is below. Thank you for your understanding and patience on this matter, Sincerely, Christina Duffield Bids and Proposal Contract Specialist ZOLL Medical 269 Mill Road Chelmsford MA,01824 978-300-0581 978-805-6508 i Page 362 of 701 CITY OF BOYNTON BEACH REQUEST FOR PROPOSALS (RFP) FOR CARDIAC MONITORS RFP No. 013-2210-20/RW ONLINE SUBMISSIONS ONLY RFP CLOSING DATE: AUGUST 13, 2020 NO LATER THAN 2:30 P.M. Question Deadline: JULY 31, 2020, No Later Than 12:00 P.M. REQUEST FOR PROPOSALS FOR CARDIAC MONITORS TABLE OF CONTENTS Scope of Services Information Section 1 — Definitions Section 2 —Scope of Services and Project Information Section 3 — Instruction to Proposers Section 4 — Proposal Submission Requirements Section 5 — Evaluation of Proposals Section 6 —General Conditions for Proposers Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Proposer's Qualification Statement Anti-Kickback Affidavit Non-Collusion Affidavit of Respondent Certification Pursuant to Florida STATUTE § 287.135 DRAFT CONTRACT Draft Contract Agreement Insurance Advisory Form APPENDICES Table of Contents REQUEST FOR PROPOSALS FOR CARDIAC MONITORS RFP No. 013-2210-20/RW Electronic Requests for PROPOSALS (RFP's) shall be received by the bidding system up until: AUGUST 13, 2020, No Later Than 2:30 PM (Local Time). Question Deadline: JULY 31, 2020, No Later Than 12:00 P.M. All RFP's will be publicly opened and only the names of the Proposers will be disclosed. RFP's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals for a contract for purchase of cardiac monitor/defibrillators for the Emergency Medical Services (EMS) division of Boynton Beach Fire/Rescue. The EMS division is seeking to purchase 13 Cardiac Monitors/Defibrillators with(12) lead electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems, including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set-up. Boynton Beach Fire/Rescue will not be trading in existing cardiac monitors/defibrillators, chargers, and batteries. TERM Number of Days for Delivery of the Cardiac Monitors effective upon date the contract is fully executed is Days, FOB Destination. The initial term of the maintenance agreement of the contract shall be for six (6) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2)five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. RFP 013-2210-20/RW for Cardiac Monitors CONE OF SILENCE: Pursuant to Palm Beach County Section 2-355, after the deadline to respond to this RFP, members of the City Commission are prohibited from communicating directly or indirectly with proposers or respondents regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2)rejects all responses, or(3)otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071(1), sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this RFP are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. RFP 013-2210-20/RW for Cardiac Monitors SPECIAL INSTRUCTIONS TO PROPOSERS SECTION 1 - DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: 1.1 City: The City of Boynton Beach, Florida 1.2 Contract(s)/Purchase Order(s): The written agreement(s) entered into between the City and the awarded Proposer. 1.3 Evaluation/Selection Committee: City Staff and /or outside Consultant(s) assigned to evaluate the submitted proposals. 1.4 Procurement Services:The Procurement Services Section of the Department of Finance of the City of Boynton Beach. 1.5 Proposer: Any individual, firm or corporation submitting a response for this RFP, acting directly or through a duly authorized representative. 1.6 "OPERATIONS TEAM", "Provider", "Bidder", "Contractor", "Successful Proposer" or "Firm": The Proposer(s) awarded as a result of this Request for PROPOSALS (RFP). Said terms may be used interchangeably while retaining the same meaning. 1.7 PROPOSALS/Proposal, Proposals, Responses or Submissions: Shall refer to any Offer(s) submitted in response to this Request for PROPOSALS (RFP). 1.8 RFP: Request for Proposals 1.9 Sub-Contractor:Any person, firm, entity, or organization, other than the employees of the successful Proposer, who contract with the successful Proposer to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the successful Proposer. RFP 013-2210-20/RW for Cardiac Monitors 0 REQUEST FOR PROPOSALS (RFP) RFP No. 009-2511-19/RW FOR "CARDIAC MONITORS" SECTION 2—SCOPE OF SERVICES AND PROJECT INFORMATION 2. INTRODUCTION The purpose of this Request for Proposal (RFP) is to solicit competitive sealed proposals for a contract for purchase of cardiac monitor/defibrillators for the Emergency Medical Services (EMS) division of Boynton Beach Fire/Rescue. The EMS division is seeking to purchase 13 Cardiac Monitors/Defibrillators with(12) lead electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems, including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set-up. Boynton Beach Fire/Rescue will not be trading in existing cardiac monitors/defibrillators, chargers, and batteries. 2.1 SPECIFICATIONS / SCOPE OF WORK 2.1.1 Specifications The cardiac monitor/defibrillators shall, at a minimum, have the ability to perform the following functions: 1. Monitor,print, and visually display 4-lead ECG rhythms 2. Monitor and print 12-lead ECG rhythms 3. Monitor and visually display continuous,real-time peripheral capillary oxygen saturation(Sp02) 4. Monitor and visually display continuous,real-time end tidal carbon dioxide readings (ETCO2) 5. Monitor and display carbon monoxide (SpCO)readings 6. Perform Non-Invasive Blood Pressure Monitoring (NIBP) 7. Temperature Monitoring 8. Perform synchronized cardioversion based on current American Heart Association recommendations RFP 013-2210-20/RW for Cardiac Monitors 9. Perform unsynchronized defibrillation based on current American Heart Association recommendations 10. Perform Transcutaneous Pacing (TCP) 10. Transmit electrocardiograms (ECG) directly from the cardiac monitor to a receiving hospital with the use of a wireless card(i.e. from a remote location away from response vehicle) and via a secured Wi-fi network(when in range of response vehicle's wireless network) 11. Upload complete full-disclosure case reports to an electronic patient care report(ePCR)Respondent shall provide a list of all ePCR solutions that can facilitate a direct upload with their product 12. Ability to upload complete full-disclosure case reports to a repository(client based and/or cloud based) to ensure all patient reports are stored, the current ability to transmit 12 lead ECG to local hospitals via cellular,Bluetooth or Wi-Fi, the current ability for multiple authorized personnel and/or agents to access the 12 lead ECG or other transmitted information from a secured portal and the ability to transmit data,including ECG,NIBP, SPO2, capnography wave form or any other parameter available on the proposed unit into the patient care report software version EHR via Wi- Fi, Bluetooth or USB connection. 13. The cardiac monitor/defibrillators shall be approved for use by the Food and Drug Administration(FDA)in a pre-hospital setting 14. The end-user shall be able to view the entire case report after upload and it shall have the ability to be viewed in real-time. This ability can be either built into the ePCR or can be a standalone product that can be installed on the ePCR tablet 15. The cardiac monitor shall have the ability to be secured to the stretcher for continuous patient monitoring while moving the patient from one location to another on the stretcher. The Contractor shall provide assurance that the cardiac monitor can be secured to a Stryker brand stretcher for patient movement 16.The cardiac monitor shall have the ability to be secured inside the patient compartment of a transport vehicle in accordance to National Fire Protection Association standards 2.1.2 Preventive Maintenance: Respondent shall include their recommended maintenance plan for the cardiac monitor/defibrillators listing all correlating costs Boynton Beach Fire/Rescue will be charged for this service. This plan shall include the cost of expedited loaner equipment, weekly on- site repair visits, bi-annual (two (2) times per year)preventative maintenance/quality assurance checks, and replacement parts/accessories. The maintenance plan shall be comprehensive in nature. It is preferred that battery replacement is part of the maintenance plan and the Contractor shall specify if that is included in the plan. If battery replacements are part of the maintenance plan please specify the frequency of battery replacement. All repairs and preventative maintenance shall be performed at one of the following locations (subject to change in the future): Primary Station for repairs will be Station 45 FD Headquarters 2080 High Ridge Road BB 33426 RFP 013-2210-20/RW for Cardiac Monitors Other Station Addresses that may be used for repairs are: Station 41 —200 NE 1st Street 33435 Station 42 —2615 Woolbright Road 33426 Station 43 — 3501 North Congress Avenue Fire Station 44 — 1919 South Federal Highway 33435 Shall Include: 1. The cost of expedited loaner equipment 2. Battery replacement program 3. Bi-Annual (2 times per year)preventive maintenance/quality assurance checks 4. Replacement parts/accessories Respondent shall provide Boynton Beach Fire/Rescue with pricing (or a percentage discount off of list pricing) on accessories that are not covered under the preventative maintenance plan. 1. Limb Lead Cables 2. 12-Lead Cables 3. Sp02/SpCO sensors/probes/cables (both pediatric and adult) 4. NIBP hoses 5. NIBP cuffs —Pediatric, Adult, Large Adult 6. Replacement carrying cases 7. Factory Direct replacement batteries 2.1.3 Warranty. Shall Include: One (1)year parts and labor warranty against manufacturing defects affecting the performance of the unit to include transport of affected units OPTION: purchase a long-term bumper to bumper 5-year maintenance agreement to extend beyond the 1st year warranty for a total of 6 years. 2.1.4 Delivery: Respondent shall include the estimated time frame for delivery of the cardiac monitors/defibrillators. All cardiac monitors/defibrillators shall be delivered at the same time and the price shall include all freight and delivery charges. The units shall be shipped to Boynton Beach Fire/Rescue Headquarters at 2080 High Ridge Road, Boynton Beach, Florida 33426. RFP 013-2210-20/RW for Cardiac Monitors 2.1.5 Training: 1. The Contractor shall provide an on-going non-warranty service agreement to include training for field personnel for initial deployment and provide any additional updates that are required of the manufacturer. Details of this service agreement shall be included with each proposal. There shall be no additional charge to Boynton Beach Fire Rescue for this service agreement. 2. Respondent shall provide the length of training recommended by the manufacturer as well as a timeline of when the training will be performed. Respondent shall provide an overview of training for the end-user as well as an overview of training for administrative personnel (approximately 140 end users and 5 administrative staff). 3. Respondent shall note the maximum number of days they will provide roll-out specialists to help get field staff trained for the new equipment. The Contractor and Boynton Beach Fire Rescue will agree on a training schedule based on the proposed number of days. 2.1.6 Functional Testing: A. Upon Boynton Beach Fire/Rescue's approval of the Proposer's functional demonstration, the department will be provided sufficient time to conduct additional testing of the product using varying test scenarios and to identify any undiscovered discrepancies with regard to the requirements in the scope of work. The amount of time provided for the period of functional testing shall be up to three (3) consecutive days so a sufficient number of field staff can test the equipment in a non-clinical setting. Part of the testing will include the use of the product in a transport vehicle. The product will be required to perform and transmit 12-lead ECG's to area hospitals and be able to obtain vital signs and continuous monitoring of 4-lead rhythms over different road conditions that are representative of all parts of Boynton Beach (i.e. paved roads and dirt roads). Respondent shall have a representative on site for functional testing to assist with troubleshooting and provide an overview of the product to the end-users prior to testing. The timing of the functional testing will be mutually agreed upon by the Proposer and the department and shall take place at Boynton Beach Fire/Rescue's Headquarters. The functional testing shall be complete after the mutually agreed upon amount of time has elapsed and the departments project manager has accepted the corrective action plan for any outstanding defects or errors. Contractor will suggest sources of funds in collaboration with the City. RFP 013-2210-20/RW for Cardiac Monitors REQUEST FOR PROPOSALS (RFP) RFP No. 013-2210-20/RW FOR "CARDIAC MONITORS" SECTION 3— INSTRUCTION TO PROPOSERS 3.1 Electronic Requests for PROPOSALS (RFP's) shall be received by the City's e-Procurement bidding system no later than: AUGUST 13, 2020 No Later Than 2:30 PM (Local Time). a) Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. b) Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. C) It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the RFP closing time and date in the event additional addenda are issued. d) To obtain documents online please visit Boynton-beach.bidsandtenders.net. You may preview the RFP documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. e) ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. f) Proposers are cautioned that the timing of their Submittal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. g) For the above reasons, it is recommended that sufficient time to complete your Proposal Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. h) Proposals should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su1212anbidsandtenders.net. i) Late Submittal Responses are not permitted by the Bidding System. j) To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. k) All expenses for making RFP responses to the City are to be borne by the Proposer. RFP 013-2210-20/RW for Cardiac Monitors Page 9:72 OFF811 1) A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for PROPOSALS for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). m) Each Proposer, by submission of an RFP response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the RFP. N) Question Deadline: JULY 31, 2020, No Later Than 12:00 P.M. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP 013-2210-20/RW for Cardiac Monitors 0 REQUEST FOR PROPOSALS (RFP) RFP No. 013-2210-20/RW FOR "CARDIAC MONITORS" SECTION 4— PROPOSAL SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Proposal is to demonstrate the PROPOSALS, competence, and capacity of the Firms seeking to undertake the requirements of this Request for PROPOSALS. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for PROPOSALS requirements. The selected Firm(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. If the Proposer is a joint venture or consortium, the PROPOSALS of each firm comprising the joint venture or consortium should be separately identified and the Proposer that is to serve as the principal firm should be noted, if applicable. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. The detailed Proposal should follow the order set forth in Section 3 of this Request for PROPOSALS. 1. Letter of Interest—To be completed online The Letter of Interest shall summarize the Proposer's primary PROPOSALS and a firm commitment to provide the proposed services. 2. Firm's Qualifications —To be attached online Provide one (1) or more reference contracts with Local Governments or other Public Entities projects of a similar size, scope and complexity that have been awarded to your firm within the last five (5) years. Each should demonstrate the experience of the firm providing at least one of the services described in Section 2 as required by this RFP. RFP 013-2210-20/RW for Cardiac Monitors For each reference, provide the following information: 1) Client name/Client's Representative name, address, phone number, and email. 2) Name and location of the contract/project. 3) Description of the scope of work. 4) Role your company performed for each service provided to this entity: 5) Date of award and duration of contract. 6) Contract Price 7) Present status of the contract. 3. Qualifications of Team and availability of specialty resources. —To be completed online Provide an overview of the Qualifications of the specific team to perform the requested services. Specify and present as a minimum, similar experience in scope of work. Identify the management staff who would be assigned to the project as follows: a. An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this contract, including familiarity with projects of a similar nature. c. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. e. Experience of identified staff members with developing comparable scope of services. f. Availability location and workload of the proposed team contained on a maximum of one (1) page including: 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled by the key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Implementation Plan and Approach Narrative of Prosect Understanding: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of equipment, capital costs and operating and maintenance costs over the life of the equipment. RFP 013-2210-20/RW for Cardiac Monitors This section shall be limited to no more than fifteen (15)pages.Work plans longer than fifteen (15) pages will only have the first fifteen (15) pages reviewed. 5. References— Past Performance —To be completed online Provide three (3) governmental agencies references similar in scope contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3)times. 7. Sub-Contractors —To be completed online a. Identification of any sub-contractor providing significant services that may be assigned more than five (5%) of the work. 8. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledge when required and submitted. In addition, all other request and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement b) Proposer Qualification Statement— Upload Online c) Addenda Acknowledgement— Online Acknowledgement d) Anti-Kickback Affidavit— Upload Online e) Non-collusion Affidavit of Proposer— Upload Online f) Confirmation of Minority Owned Business - Online Form g) Certification Pursuant to Florida Statute § 287.135 - Upload Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement j) Local Business Certification - Online Form k) Statement of Non-Submittal (if applicable) - Online Form 1) Schedule of Sub- Contractors— Online Form m) Submit current Florida Professional License(s), including evidence of possession of required licenses or business permits —Attach and Upload n) Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form herein as an attachment. —Attach and Upload o) Submit any Supplemental information relative to this RFP—Attach and Upload P) Additional Information to be Provided (Delivery, Discount on Accessories, & Option for 5-Year Maintenance Agreement) - Upload Online RFP 013-2210-20/RW for Cardiac Monitors Page 9:76 OFF811 SCHEDULE OF PRICES Consist of the following: 1. Thirteen(13) Cardiac Monitors/Defibrillators with (12) lead electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems, including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set-up. 13 Cardiac Monitors/Defibrillators X Price Per Unit = Total BID SHEET IS A SEPARATE DOCUMENT WHERE YOU WILL INPUT PRICES WITHIN THE SYSTEM ADDITONAL INFORMATION TO BE PROVIDED: A. Number of Days for Delivery FOB Destination: Days B. Pricing (or a percentage discount off of list pricing) on accessories that are not covered under the preventative maintenance plan. C. OPTION: purchase a long-term bumper to bumper 5-year maintenance agreement to extend beyond the I"year warranty for a total of 6 years. 5-Year Maintenance X Price Per Year = Total THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFP 013-2210-20/RW for Cardiac Monitors REQUEST FOR PROPOSALS (RFP) RFP No. 013-2210-20/RW FOR "CARDIAC MONITORS" SECTION 5— EVALUATION OF PROPOSALS 5.1 EVALUATION OF PROPOSALS The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best-qualified Respondent(s)will be based on whether the Respondent(s)are responsible and responsive to this solicitation, and will be evaluated as follows: The selection committee will review and evaluate all RFP responses. The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. Evaluation Criteria Maximum Potential Points Company Background, Capabilities and Qualifications 0 - 25 Relevant Operations and Maintenance Experience 0 - 15 Implementation Plan and Approach 0 — 5 References 0 - 15 Price 0 - 40 Total Points" 100 The selection committee will score each of the proposals based on the weighted criteria listed above. The top three (3) Proposers will be invited in for a presentation. After the presentations are concluded, the selection committee may update initial scoring and will finalize and tabulate scores. The scores for all proposals will be tabulated and each proposal will be ranked. The first ranked Proposer resulting from this process will be recommended to the City Commission to direct the City Manager to negotiate a contract for services. RFP 013-2210-20/RW for Cardiac Monitors A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFP, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the Proposer is qualified to render the required services according to State regulations and the requirements of this RFP. 2. In the event less than three (3)firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3)firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFP and may create a short list of a minimum of three (3)firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Proposer(s). 5. The upon completion of the evaluation of the written proposals, the Selection Committee may at its sole discretion,conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations,the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of Proposers recommended for award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement based on the attached draft contract developed from this Request for PROPOSALS. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be submitted to the City Commission for their consideration and approval. 8. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest-ranked firm, negotiations will formally be terminated. The City will then undertake negotiations with the second-ranked firm. Should negotiations fail also with the second-ranked firm,then the third-ranked proposerwill be notified for negotiations. RFP 013-2210-20/RW for Cardiac Monitors REQUEST FOR PROPOSALS (RFP) RFP No. 013-2210-20/RW FOR "CARDIAC MONITORS" SECTION 6 —GENERAL CONDITIONS FOR PROPOSERS 1. FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFP FORMS: The Proposer will submit an RFP on the RFP forms provided. All RFP prices, amounts and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFP forms must be executed and submitted for easy identification. The face of the envelope shall contain the company's name and address, RFP title, number, RFP date and time. RFPs not submitted on RFP forms herein may be rejected. All RFPs are subject to the conditions specified within this solicitation document. RFPs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFP: RFP must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. RFP DEADLINE: It is the Proposer's responsibility to assure that the RFP is submitted electronic by or at the proper time and date prior to the RFP deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive any defect, irregularity or informality in any RFP or RFP procedure; B. Reject or cancel any or all RFP's; C. Reissue the RFP; D. Extend the RFP deadline time and date; E. Consider and accept an alternate RFP as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has: RFP 013-2210-20/RW for Cardiac Monitors A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 8. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific RFP no later than ten (10)days prior to the RFP deadline. Inquiries must reference the date by which the RFP is to be received. 9. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 10. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the sub-contractor and the name of the person to be contacted on the attached "Schedule of Sub-contractors". The City of Boynton Beach reserves the right to acceptor reject any or all RFPs wherein a sub-contractor isnamed and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject an RFP of any Proposer if the RFP names a sub-contractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 11. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer through the City's e-Procurement system Boynton-beach.bidsandtenders.net, it is each Proposer's responsibility of each Proposer to have receive ALL addenda that are issued. Proposers should check online at Bovnton-beach.bidsandtenders.net prior to submitting their proposal and up until the RFP closing time and date in the event additional addenda are issued. If a Proposer submits their proposal prior to the RFP closing time and date and an addendum has been issued,the Bidding System shall WITHDRAW the Proposer submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFP Proposal. The Proposer can view this status change in the "MY BIDS" section of the Bidding System. The Proposer is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 12. ANTITRUST CAUSE OF ACTION: In submitting a RFP to the City of Boynton Beach, the Proposer offers and agrees that if the RFP is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the Purchasing Division tenders final payment to the Proposer. 13. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the RFP 013-2210-20/RW for Cardiac Monitors Proposer will in no way be a cause for relief from responsibility. 14. ON PUBLIC ENTITY CRIMES—All Invitations to RFP's as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a RFP on a contract or provide any goods or services to a public entity, may not submit a RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit a RFP on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list". 15. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFP, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Proposer 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 Proposer of the City's determination concerning the false certification. Proposer 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, Proposer 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 Proposer 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. 16. NON-COLLUSION AFFIDAVIT: Each Proposer shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 17. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. RFP 013-2210-20/RW for Cardiac Monitors EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 18. ANTI-KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 19. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 20. ADVERTISING: In submitting a response, the Proposer agrees not to use the results there from as a part of any commercial advertising. 21. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the funds which may become due hereunder are not assignable except with the prior written approval of the CITY. 22. INDEMNIFICATION: The selected Proposer shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected Proposer(s)shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents,servants and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract,for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from Proposer's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the Proposer's within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the Proposer's hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit or actions. The Proposer shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the Proposer's breach of any of the provisions of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 23. 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 ofthe 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; RFP 013-2210-20/RW for Cardiac Monitors 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 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 24. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost- effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 25. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 26. PALM BEACH COUNTY INSPECTOR GENERAL: The Contractor is aware that the Inspector General of Palm Beach County has authority to investigate and audit matters relating to the negotiation and performance of any CONTRACTOR Agreement/Task Order resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the CONTRACTOR and its SubCONTRACTORs and lower tier SubCONTRACTORs. The CONTRACTOR understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the CONTRACTOR or its SubCONTRACTOR s or lower tier SubCONTRACTOR s to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded CONTRACTOR(s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final PROGRESSIVE CONTRACTOR Agreement/Task Order. RFP 013-2210-20/RW for Cardiac Monitors PROPOSER'S QUALIFICATION STATEMENT TO BE COMPLETED AND U The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation Name: Partnership Address: Individual CITY, State, Zip: Other Telephone No.: Fax No.: Email Address.: 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: RFP 013-2210-20/RW for Cardiac Monitors 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: c. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this RFP. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES F7 NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work(a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES F-1 NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 22. What will be your turnaround time for written responses to City inquires? 23. List and describe all bankruptcy petitions (voluntary or involuntary)which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 26. Has the Proposer, its principals, officers or predecessors' organization(s)been convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's PROPOSALS to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of ' 2020 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES '40 ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND U STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I,the undersigned hereby duly sworn,depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 0 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND U State of ) County of ) being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFP: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further,the said proposer nor any of its officers, partners,owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES i CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 COMPLETEDTO BE I I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract.The CITY shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The 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 the 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 Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1)Contracting with companies for goods or services at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES TO BE CONSIDERED COMPLETE AND ACCEPTABLE As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the CITY for goods or services may be terminated at the option of the CITY if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES Page 994 %-f ;ZA41 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE "DRAFT CONTRACT" "CARDIAC MONITORS" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and TBD , hereinafter referred to as "Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with a Contractor, and WHEREAS, THE City issued a Request for PROPOSALS for "CARDIAC MONITORS, RFP No. 013-2210-20/RW; and WHEREAS, RFP No. 013-2210-20/RW defined Scope of Services as CARDIAC MONITORS; and WHEREAS, the CITY determined that Contractor is qualified to perform the scope of services set forth in the Request for PROPOSALS; and WHEREAS, the City Commission on 2020, determined that Contractor is qualified for appointment to perform the scope of services set forth in the Request for PROPOSALS; and WHEREAS, the City Manager's administrative staff, has successfully negotiated an Agreement with Contractor defining terms and conditions for the performance of maintaining the municipal facilities and grounds services within the scope of the Request for PROPOSALS. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 Contractor agrees to provide 13 Cardiac Monitors/Defibrillators with (12) lead electrocardiogram (ECG), numerous ancillary functions and equipment, battery charging systems, including additional batteries, data management and transmission, in-service and continual training for staff, equipment warranty, equipment service plans, new monitor/defibrillator set-up. RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES The City's Representative during the performance of the Contract shall be_ telephone (561) 742 - The Contractor's Representative during the performance of the contract shall be telephone ARTICLE 2 — TERM Number of Days for Delivery of the Cardiac Monitors effective upon date the contract is fully executed is Days, FOB Destination. The initial term of the maintenance agreement of the contract shall be for six (6) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for two (2)five-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the City to the Contract by way of a purchase order executed by the CITY. Contractor shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the City. ARTICLE 4 - PAYMENT 4.1 The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Contractor shall be made as provided on Exhibit " " attached hereto. The total contract price in the amount of $ shall be the total amount of payment to Contractor for services provided under this Agreement. b. The Contractor may submit invoices to the City once per month during the progress of the Work. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Contractor in the amount approved. c. Final payment of any balance due the Contractor of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the City after the completion of the Work. RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Contractor, all documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the Contractor shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with Contractor's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of Contractor, shall be at the City's sole risk and without liability to Contractor and Contractor's sub-contractor. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the City in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 Contractor represents and warrants to the City that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned services during the term of this Agreement. In submitting its response to the RFP, Contractor has represented to CITY that certain individuals employed by Contractor shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, Contractor shall not change the designated Project Manager for any project without the advance written approval of the City, which consent may be withheld in the sole and absolute discretion of the City. One (1)year parts and labor warranty against manufacturing defects affecting the performance of the unit to include transport of affected units OPTION: purchase a long-term bumper to bumper 5-year maintenance agreement to extend beyond the Ist year warranty for a total of 6 years. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 Contractor shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 9.1 Contractor shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, Contractor shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The Contractor shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-contractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the City of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The Contractor 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 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 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. 10.1.3 Business Automobile Liability: The Contractor shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The Contractor shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the Contractor from claims for damage for RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES 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 Contractor or by anyone directly or indirectly employed by the Contractor . 10.1.4 Professional Liability (Errors and Omissions) Insurance: The Contractor shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. 10.2 It shall be the responsibility of the Contractor to ensure that all sub-contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the Contractor of additional liability insurance coverage or coverage which is different in kid, the City reserves the right to require the provision by Contractor 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 Contractor 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 Contractor, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 Contractor shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claim- made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The Contractor warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the Contractor's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside contractors. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The Contractor,with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 -ASSIGNMENT 15.1 The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON-WAIVER 16.1 A waiver by either CITY or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons the Agreement or causes it to be terminated, Contractor shall indemnify the CITY against loss pertaining to this RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non- performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have,with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 Ocean Avenue Boynton Beach, FL 33435 Notices to Contractor shall be sent to the following address: Firm Name: Attn: ADDRESS: CITY/STATE/ZIP Tel: Fax: Email: RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and Contractor. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. City's liability for costs and attorney's fees, however, shall not alter or waive City's entitlement to sovereign immunity, or extend City's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The City does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 — FLORIDA'S PUBLIC RECORDS LAW 23.1 The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.2 Keep and maintain public records required by the City to perform the service; 23.3 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 RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES Chapter 119, Florida Statue or as otherwise provided by law; 23.4 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 contact term and, following completion of the contract, Contractor shall provide copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 23.5 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. 23.6 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THECONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 1000CEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 I ARTICLE 24. SCRUTINIZED COMPANIES 287.135 and 215.473. 24.1 By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the Agreement and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2020. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) City Clerk RFQ 009-2511-20/RW TOWN SQUARE/CITY FACILITIES MAINTENANCE SERVICES C-10 Page 404 of 701 Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary 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 Contractor, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Prod ucts-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 Contractor/ Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 INSURANCE ADVISORY FORM 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 ------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY FORM The City of Boynton Beach Finance/Procurement Services 100 East Ocean Avenue Boynton Beach,Florida 33435 Telephone:(561)742-6310 FAX:(561)742-6316 ADDENDUM No. 1 DATE: AUGUST 04, 2020 REQUEST FOR PROPOSAL TITLE: CARDIAC MONITORS RFP No.: 013-2210-20/RW This addendum to the specifications and/or contract documents is issued to provide additional information and clarification to the original ITB specifications and bid form, and is hereby declared a part of the original specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Question 1: Do you want reusable or disposable Sp02/SpCO sensors for both adult and pediatric purposes? Answer: Reusable SP02/SpCO sensors for adult and pediatric purposes are desired. Question 2: The RFP is requesting for 2 Preventative Maintenances per year but the recommended frequency is one per year. Would you still like to be quote the price for two or will one suffice? Answer: The recommended once per year maintenance will suffice but would like a quote on the bi- annual maintenance as well. Question 3: Our equipment has an integrated WiFi module built in to the monitor. Do you want is to include an additional modem for data transmission to hospitals that sits in the carry case of the monitor or do the vehicles/tablets have their own modems and will use that to connect? Answer: We would like to request additional modems for data transmission. Question 4: Our device utilizes one battery to operate. Do you wantjust one additional backup battery or two? Answer: We would like 2 additional batteries as backup. Question 5: We have a 4-bay charging system , how many total you will need? Answer: We will need a total of(5) 4-bay charging systems (1 for each of our 5 Stations). Question 6: Are we required to answer the following parts below: 3. Qualifications of Team and availability of specialty resources.—To be completed online Provide an overview of the Qualifications of the specific team to perform the requested services. Specify and present as a minimum, similar experience in scope of work. Identify the management staff who would be assigned to the project as follows: a. An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this contract, including familiarity with projects of a similar 1 Page 407 of 701 nature. c. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. e. Experience of identified staff members with developing comparable scope of services. f. Availability location and workload of the proposed team contained on a maximum of one (1) page including: 1. Current project work listing and remaining labor commitments. 2. Historically, describe the typical number of projects handled by the key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of 4. Implementation Plan and Approach Narrative of Project Understanding: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of equipment, capital costs and operating and maintenance costs over the life of the equipment. 7. Sub-Contractors—To be completed online a. Identification of any sub-contractor providing significant services that may be assigned more than five (5%) of the work. ADDITONAL INFORMATION TO BE PROVIDED: A. Number of Days for Delivery FOB Destination: Days B. Pricing (or a percentage discount off of list pricing) on accessories that are not covered under the preventative maintenance plan. C. OPTION: purchase a long-term bumper to bumper 5-year maintenance agreement to extend beyond the 1st year warranty for a total of 6 years. 5-Year Maintenance X Price Per Year = Total Answer: Yes. If you should require additional clarification,please submit your question to the Purchasing representative through the Bidding System by clicking on the "Submit a Question"button for this specific Solicitation. 2 Page 408 of 701 Evaluation Details Summary Report Notes Bid Number: 013-2210-20/RW Bid Title: Cardiac Monitors Project Type: RFP Bid Status: Closed Purchasing Representative: Randy Wood Bid Closing Date: August 13, 2020 Availability: Public Edit Export AUditEvaluation Stages Evaluators Score Cards Views Export Summary Score Card Submital Compliance Section Progress Stryker ZOLL Medical Evaluator C Submital Compliance Complete Passed Passed Expand come Total: Pass Pass Evaluation Page 409 of 701 Maximum ZOLL l Section Progress Score Stryker Medical 4 Company Background, Capabilities Complete 25.00 15.00 23.57 l and Proposals Relevant Operations and Maintenance Complete 15.00 9.64 13.50 l Experience Implementation Plan and Approach Complete 5.00 2.93 4.50 l References Complete 15.00 11.14 12.64 l Total: 60.00 38.71 54.21 Pricing Section Progress Maximum Score Stryker ZOLL Medii Pricing Stage Score 40.00 40.00 31.18 Total: 40.00 31.18 Weighted Final Scores Stage Weight Stryker ZOLL Medical Evaluation 60.00 38.71 54.21 Pricing 40.00 40.00 31.18 Total: 100.00 78.71 85.39 Page 410 of 701 Consensus Final Scores Stage Weight Stryker ZOLL Medical Evaluation 60.00 38.71 54.21 Pricing 40.00 40.00 31.18 Total: 100.00 78.71 85.39 Page 411 of 701 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in the written report for October 06, 2020- "Request for Extensions and/or Piggybacks Over $100,000." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM MORTON SALT, Sodium Chloride is Piggyback PBC September 11, $200,000 INC. required for Bid No. 19- 2020 to Annual regenerating the 069/MB September 10, Estimate MI EX Resin for 2021 Utilities water treatment. MAE VOLEN Transportation Two Party October 1, $110,000 SENIOR CENTER, Services for the City Agreement 2020 through Annual I NC. of Boynton Beach September 30, Estimate Senior residents 2021 GALLS, LLC Materials and Resolution No. October 25, $180,000 Distribution utilizing R18-011 2020 to Annual the City of Tallahassee Approving October Estimate Contract#3806 with Piggybacking City of 24,2021 Galls for the purchase Tallahassee Contract of uniforms for #3806 with Galls, Police LLC. How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Page 412 of 701 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment REQUEST FOR 100K+ BID EXTENSIONS 10- 06-20 RW D Letter PBC Renewal Morton Salt September 2020 D Agreement Renewal Agree. Morton Salt- 9-11-2020 D Letter Galls Renewal Letter 9-10-20 D Agreement MaeVolenTransportationSer\4cesAgreement- Sept202O D Letter Tallahassee E)tension Letter with Gall's Page 413 of 701 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 OCTOBER 6, 2020 REQUESTING DEPARTMENT. CITY MANAGER/RECREATION DEPARTMENT CONTACT:Kacy Young TERM: October 1, 2020 through September 30, 2021 SOURCE FOR PURCHASE: Two Party Agreement ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S):MAE VOLEN SENIOR CENTER,INC. ANNUAL ESTIMATED EXPENDITURE:$110,000 DESCRIPTION: The Volen Center provides Transportation Services for the City of Boynton Beach Senior residents four times daily, Monday through Friday. The program follows routes and destinations as established by the City. The Volen Center provides all staff, vehicles, and insurance. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT:Michael Dauta TERM: October 25, 2020 through October 24, 2021 SOURCE FOR PURCHASE: Piggyback City of Tallahassee Contract#3806A ACCOUNT NUMBER: 001-2110-521-52-22; 001-2111-521-52-22; 001-2112-521-52-22; 001-2210-522-52-22 VENDOR(S): GALLS, LLC ANNUAL ESTIMATED EXPENDITURE:$180,000 DESCRIPTION: On October 15, 2019, Commission approved renewing the City of Tallahassee Contract with Gall's for the purchase of uniforms for Police and Fire. The Contract allows for one (1) additional one-year renewal with the same terms, conditions and pricing and the Vendor has agreed to renew the Contract for an additional one-year term through October 24, 2021. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT:Juan Guevarez TERM: September 11, 2020 to September 10, 2021 SOURCE FOR PURCHASE: Piggyback PBC Bid No. 19-069/MB ACCOUNT NUMBER:401-2811-536-52-35 VENDOR(S):MORTON SALT,INC. ANNUAL ESTIMATED EXPENDITURE: $200,000 DESCRIPTION: The City Commission approved the City's piggyback of the Palm Beach County Bid No. 19-069/MB on October 1, 2019. The County has renewed the Term Contract with Morton Salt for a one-year period with the all the original terms, conditions, specifications and prices. Sodium Chloride is required for regenerating the MIEX Resin for Utilities water treatment. xcht A.4 ORI'D Form L Purchasing Department September 1, 2020 5(1 south Milivacy 1'rafl,SLIfte 110 VVest Palin Beadi, FL 3-5415-3199 Morton Salt, Inc. (561)016-6800 Lisa Petramala, Sales Manager FAX: (561)242-6744 444 West Lake Street, Suite#3000 %v\v%v.pbcg)VrCf)tllipll!-CllaSil'lg Chicago, IL 60606 TERM CONTRACT #19069A IN Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners Paim each county ("County") is entering into a Term Contract with your company for Sodium Chl2E!q�t, Board of County Solar Salt Quality, Purchase and Delivery of based on: Commissioners 1XI RENEWAL OF CONTRACT based on SOLICITATION #19-0691MB in Dave Keniei,.mayoi- accordance with all original terms, conditions, specifications and prices with no deviation. Robert S. %vemi,oti't, Vice mayor Hal R. Valeclic, The term of this contract is 09/11/2020 through 09110/2021 and has an estimated dollar value of$1,040,850. Glegq K, Weiss If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Mary Loki Rerger term of the contract, including any renewals or extensions thereof. Melissa McKinlay County User Departments will issue individual"Delivery Orders"against this contract Mack Beniard as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g. DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and County Administrator Vendor's TIN/FEIN Number on the Vendor's bid/quotelresponse must be exactly the Verdellia C, Baker same as it appears on the invoice and in the County's VSS system that can be accessed at https:l/pbcvssp.co.paIm-beach.fl.us/webapp/vssp/AltSelfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at m brown Op bc_qov.o rg or (561) 616-6815. Sincerely, Kathleen M lett Director Aol E(Jiwd 0 ppw now), c: Vernetha Green, Water Utilities Department [/fir AcI 071F?rIjjloyel' File �-K)' pit-itedonsustainable widiecyc1cdpaper Page 415 of 701 The City of Bo ntorn Beach 00 Finance/Procurement Services P.O. Box 310 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX. (561)742-6316 September 2, 2020 RE: PIGGYBACK OF PALM BEACH COUNTY BID No. 19-0691MB WITH MORTON SALT, INC. Agreement between the City of Boynton Beach and Morton Salt, Inc.: NEW CONTRACT TERM: SEPTEMBER 11, 2020 TO SEPTEMBER 10, 2021 X Yes, I agree to extend the City of Boynton Beach piggyback of the Palm Beach County Contract #19-0691MB with the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to extend the City of Boynton Beach the same terms, conditions, and pricing for the following reason(s) Morton Salt, Inc. C�fIB�G NAME OF COMPANY SIGNATURE Charlie Cassell Director, B2B Manufacturing Sales NAME OF REPRESENTATIVE TITLE (please print) 9/11/2020 844-410-0513 DATE (AREA CODE) TELEPHONE NUMBER buyindustrialsaltmortonsalt.com E-MAIL America's Gateway to the Gulf Stream Page 416 of 701 0 CITY OF TALLAHASSEE September 10, 2020 Via email: Blevins-Lenlece@galls.com ATTN: Ms. Leniece Blevins Galls 3710 NW Passage Tallahassee, FL. 32303 Re: Final Extension Letter-Contract No. 3806A IFB No. 0103-16-KM-BC—Police Uniforms& Emblems Ms. Blevins: The above referenced contract will expire October 24, 2020. As such, this letter shall serve as the City of Tallahassee's formal notice to extend the above referenced contract for the period October 25, 2020 through October 24, 2021. Per City records, your certificate of insurance(COI)expires on September 30,2020. Per Section 5 no work shall be performed against subject master contract until a valid COI has been received by the City. Therefore, at the appropriate time please submit the required COI to cover the remainder of the extended period. Indicate the contract number on all future insurance certificates for reference purposes. NOTE: PER THE CONTRACT TERMS THE CITY OF TALLAHASSEE MUST BE NAMED AN ADDITIONAL INSURED ON THE COI. The COI may be faxed to (850)891-8177; emailed to Cindy.Dickinson tal ov.com; or mailed to: Treasurer Clerk Office/Contracts Division 300 S.Adams Street, Mail Box A-31 Tallahassee, FL 32301 Please indicate your firm's acceptance of this extension by signing and dating below and returning this letter via AdobeSign. The City looks forward to continuing its excellent working relationship with your firm. Should you have any questions please contact Keith Milton at keith.milton@talgov.com, or telephone(850) 694-7001. Sincerely, A__C� Veronica McCracken Manager for Procurement Services ACCEPTANCE OF CONTRACT EXTENSION r Signature Name(Type or Printed) David Scheve,Cro Date 09/11/2020 CITY HALL JOHN E.DAILEY DIANNE WILLIAMS-COX ELAINE W.BRYANT GURUS RICHARDSON JEREMY MATLOW 300 South Adams Street Mayor Mayor Pro Iem '..... Commissioner Commissioner Commissioner Tallahassee,FL 32301-1731 850-891-0000 - REESE GOAD CASSANDRA K.JACKSON '... JAMES O.COOKE,IV DENNIS R.SUTTON TDD:711•Talgov.com City Manager City Attorney City Treasurer-Clerk City Auditor Page 417 of 701 AGREEMENT FOR TRANSPORTATION SERVICES This Agreement is entered into the do4ir.,of ne,2020, between the City of Boynton Beach ("City") and the Mae Volen Senior Center, Inc. ("Volen") as it relates to transportation services. WHEREAS,The City and Volen have negotiation the terms of a one year agreement for Volen to provide senior transportation services to the City at the same level of service rendered by Volen during the 2019-2020 budget year. NOW THEREFORE the City and Volen, in exchange of the mutual covenants expressed herein agree as follows OBLIGATIONS OF VOLEN Volen will perform the following services: 1. Effective date October 1, 2020 and until September 30, 2021, Volen will provide a Transportation program for the City's senior residents. 2. The program will follow the routes and destinations as described in the attached schedule "A". 3. Volen will provide four daily rides (Monday-Friday) arriving to and from the City's Senior Center and individual residences. 4. Service will be provided on a first-come, first-serve basis. 5. Volen reserves the right to alter the schedule with regards to days and times as to best meet the needs of the seniors of Boynton Beach. 6. Volen will be responsible for all salaries and benefits for the driver(s) as well as all gas, maintenance, repair, tires, insurance, etc. for the vehicles. 7. Volen will also provide all office staff, dispatch, scheduling and intake staff. 8. The cost per trip for the senior rider is $3 each way and there is no membership fee associated with this program at this time. 9. Volen will provide packets of information including all of the necessary paperwork and forms to the City and any interested senior residents. All riders must fill out an enrollment/registration form, sign applicable waivers and forms and adhere to Volen's policy on rider conduct. 10. Volen has the sole discretion to determine who is appropriate and who is not for the service and to monitor compliance with the standards of conduct for the individual riders. Riders must notify Volen if they are not going to need a scheduled ride and will need to adhere to Volen's Community Coach guidelines as it pertains to scheduling and cancelling any rides. 11.Provide the City on request data regarding ridership, fares collected, and ridership complaints, if any. 12.Insurance: CONTRACTOR shall at all times during the agreement, maintain a comprehensive general liability policy as set forth: (00379705.1306-9001821) 1 Page 418 of 701 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 10 19 01 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: 100379705.2 306-90018211 2 Page 419 of 701 City of Boynton Beach HR Risk Manager P.O. Box 310 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. 100379705.1 3WM1821) 3 Page 420 of 701 13. The City is a public agency subject to Chapter 119, Florida Statutes. Volen shall comply with Florida's Public Records Law, Specifically,Volen 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, Volen shall destroy all copies of such confidential and exempt records remaining in its possession once Volen transfers the records in its possession to the CITY;and D. Upon completion of the contract, Volen shall transfer to the CITY, at no cost to the CITY, all public records in Volen's possession All records stored electronically by Volen 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 VOLEN HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO VOLEN'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. GIBSONC@BBFL.US 14. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Volen certifies that Volen is not participating in a boycott of Israel. Volen further certifies that Volen 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 Volen been engaged in business operations in Syria.Subject to limited exceptions provided in state )0037SM5.13r-NO1821) `t Page 421 of 701 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 Volen of the City's determination concerning the false certification.Volen 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, Volen 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 Volen 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. OBLIGATIONS OF THE CITY -rhe City will: 1. The City will pay Volen $110,000 to provide the services listed above. 2. The $110,000 with be paid in four quarterly payments of$27,500.00. 3. In the event the Agreement is terminated early,the quarterly amount will be pro-rated. 4. Forward to Volen all ridership complaints which are communicated to the City. ADDITIONAL TERMS 1. This Agreement does not constitute a fixed term. 2. TERMINATION a. The City reserves the right to terminate this Agreement at any time by giving thirty (30)days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City.This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 3. The City is under no duty to continue to appropriate funds for the services being provided by Volen. 4. The transportation services being provided by the Volen remain solely under the control of Volen and the City has no operational control over the operational means and methods used by Volen. 5. Volen is not an employee or agent of the City but operates as a private independent entity. 6. EFFECTIVE DATE: 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. {00379705.2 3%-90oie21) 5 Page 422 of 701 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: ynBy: Cr tal Gibson,MMC,City Clerk Lori LaVenriere,City Manager v ay of ... ro ,s - ,2020 Approved totfoand legality by Office of a Crney By- JatOVA.CherofifflTY Attorney (W379M5.1"r,9W9821) 6 Page 423 of 701 WITNESSES: MAE VOLEN SENIOR CENTE ,l B Signature - = ., Print Name a Title Print Name an Title - day of � a ,2020 day of m , 2020 Signature I e _� tyA Pr' t Name and Title day of 2020 100379705.1306-9W18211 7 Page 424 of 701 Page 425 of 701 CITY O F TALLAHASSEE September 10, 2020 Via email: Blevins-Leniecegalls.com ATTN: Ms. Leniece Blevins Galls 3710 NW Passage Tallahassee, FL. 32303 Re: Final Extension Letter-Contract No. 3806A IFB No. 0103-16-KM-BC— Police Uniforms & Emblems Ms. Blevins: The above referenced contract will expire October 24, 2020. As such, this letter shall serve as the City of Tallahassee's formal notice to extend the above referenced contract for the period October 25, 2020 through October 24, 2021. Per City records, your certificate of insurance(COI)expires on September 30, 2020. Per Section 5 no work shall be performed against subject master contract until a valid COI has been received by the City. Therefore, at the appropriate time please submit the required COI to cover the remainder of the extended period. Indicate the contract number on all future insurance certificates for reference purposes. NOTE: PER THE CONTRACT TERMS THE CITY OF TALLAHASSEE MUST BE NAMED AN ADDITIONAL INSURED ON THE COI. The COI may be faxed to (850) 891-8177; emailed to Qii .la :iinscn1: 9Ca.rcnn, or mailed to: Treasurer Clerk Office/Contracts Division 300 S. Adams Street, Mail Box A-31 Tallahassee, FL 32301 Please indicate your firm's acceptance of this extension by signing and dating below and returning this letter via AdobeSign. The City looks forward to continuing its excellent working relationship with your firm. Should you have any questions please contact Keith Milton at keith.milton@talgov.com, or telephone(850) 694-7001. Sincerely, Veronica McCracken Manager for Procurement Services ACCEPTANCE OF CONTRACT EXTENSION Signature Name(Type or Printed) David Scheve,CFO Date 09/11/2020 CITY HALL JOHN F.DAILEY DIANNE WILLIAMS-COX ELAINE W.BRYANT CURTIS RICHARDSON JEREMY MATLOW 300 South Adams Street Mayor Mayor Pro Tem Commissioner Commissioner Commissioner Tallahassee,FL 32301.1731 '.. 850-891-0000 REESE GOAD CASSANDRA K.JACKSON JAMES O.COOKE,IV DENNIS R.SUTTON Page 426 of 701 TDD:711-Talgov.com City Manager City Attorney City Treasurer-Clerk City Auditor 7.E. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Resolution No. R20-113 -Approve Piggy-Back the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, a Purchasing Alliance for Participating Public Agencies for the purchase of Injection Molded Mobile Refuse Containers for an estimated annual amount of$192,000 and authorize the City Manager to sign a piggy-back Agreement. Explanation of Request: CONTRACT TERM: October 5, 2016 through October 4, 2021 National IPA (U.S. Communities and National IPA are now part of OMNIA Partners-the nation's largest purchasing organization in procurement and supply chain management). Miami-Dade County issued RFP00254 for the procurement of"Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services". Miami-Dade awarded the contract to Rehrig Pacific for a five year term with the option to renew for an additional five years. "Piggy-Backing the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, will enable the Public Works Department to meet the immediate and ongoing demand for Injection Molded Mobile Refuse Containers. Rehrig Pacific has extended the City of Boynton Beach Preferred Customer Pricing, which is 10% lower than the bid pricing—Appendix C "Payment Schedule for Participating Public Agencies". Rehrig Pacific will supply the same carts to the City of Boynton Beach as previously specified in expired Bid No. 048-2510-15/J MA. How will this affect city programs or services? By piggybacking this contract between Rehrig Pacific and Miami-Dade County, Solid Waste will continue to replace damaged and irreparable waste carts in a timely manner. Fiscal Impact: Budgeted Funds for the purchase of Injection Molded Mobil Refuse Carts have been budgeted in Solid Waste account 431-2515-534-52-74. Alternatives: The City of Boynton Beach could issue a bid for the purchase of these mobile refuse carts. Strategic Plan: Strategic Plan Application: Climate Action: Page 427 of 701 Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\Ang piggy-back with Rehrig for refuse containers D Contract Piggy-back Contract with Rehrig D Contract Rehrig Contract with Miami-Dade D Attachment Boynton each Pricing based on Omnia Contract D Addendum Appendix C-US Communities Tiered Pricing D Addendum Rehrig.Amendments—all—2020.01.22 Page 428 of 701 I RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVE PIGGY-BACKING THE MIAMI-DADE COUNTY, 5 DEPARTMENT OF SOLID WASTE MANAGEMENT AND REHRIG 6 PACIFIC COMPANY AGREEMENT WITH OMNIA, A 7 PURCHASING ALLIANCE FOR PARTICIPATING PUBLIC 8 AGENCIES FOR THE PURCHASE OF INJECTION MOLDED 9 MOBILE REFUSE CONTAINERS FOR AN ESTIMATED ANNUAL 10 AMOUNT OF $192,000 AND AUTHORIZE THE CITY MANAGER II TO SIGN A PIGGY-BACK AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 15 WHEREAS, Miami-Dade County issued RFP00254 for the procurement of"Waste 16 Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services" and awarded the 17 contract to Rehrig Pacific for a five year term with the option to renew for an additional five 18 years; and 19 WHEREAS, Piggy-Backing the Miami-Dade County, Department of Solid Waste 20 Management and Rehrig Pacific Company Agreement with OMNIA, will enable the Public 21 Works Department to meet the immediate and ongoing demand for Injection Molded Mobile 22 Refuse Containers; and 23 WHEREAS, the City Commission of the City of Boynton Beach, upon the 24 recommendation of staff, deems it in the best interest of the citizens and residents of the City 25 of Boynton Beach to approve piggy-backing the Miami-Dade County, Department of Solid 26 Waste Management and Rehrig Pacific Company Agreement with OMNIA, a Purchasing 27 Alliance for Participating Public Agencies for the purchase of Injection Molded Mobile Refuse 28 Containers for an estimated annual amount of$192,000 and authorize the City Manager to sign 29 a piggy-back Agreement. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:ACA\RESO\Agreements\Piggy-Back-With Rehrig For Refuse Containers -Reso.Docx Page 429 of 701 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 33 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 34 Section 2. The City Commission of the City of Boynton Beach hereby approves 35 piggy-backing the Miami-Dade County, Department of Solid Waste Management and Rehrig 36 Pacific Company Agreement with OMNIA, a Purchasing Alliance for Participating Public 37 Agencies for the purchase of Injection Molded Mobile Refuse Containers for an estimated 38 annual amount of$192,000 and authorize the City Manager to sign a piggy-back Agreement. 39 A copy of which Agreement is attached hereto and incorporated herein as Exhibit"A". 40 Section 3. That this Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this day of October, 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 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 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) 65 S:ACA\RESO\Agreements\Piggy-Back-With Rehrig For Refuse Containers -Reso.Docx Page 430 of 701 CITY OF BOYNTON BEACH AGREEMENT WITH REHRIG PACIFIC COMPANY FOR PURCHASING INJECTION MOLDED MOBILE REFUSE CONTAINERS CONTRACT NO. 042-2515-20/RW This Agreement is made as of this 6TH day of October, 2020 by and between REHRIG PACIFIC COMPANY with a principal address 4010 East 26th Street, Los Angeles, CA 90058 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 a sufficient supply of Injection Molded Mobile Refuse Containers to provide to the public, the City's Finance Department is requesting the City enter into an Agreement with REHRIG PACIFIC COMPANY to provide Injection Molded Mobile Refuse Containers; and WHEREAS, REHRIG PACIFIC COMPANY has agreed to allow the City to piggy-back the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA pursuant to Miami-Dade County issued RFP00254 for the procurement of "Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services". for a five 5 year term with the option to renew for five (5)years, commencing October 05, 2016; 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 Rehrig Pacific Company agree that Rehrig Pacific Company shall provide the same carts to the City of Boynton Beach as previously specified in expired Bid No. 048- 2510-15/JMA for an estimated annual amount of $192,000. Piggy-Backing the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA, will enable the Public Works Department to meet the immediate and ongoing demand for Injection Molded Mobile Refuse Containers. Rehrig Pacific has extended the City of Boynton Beach Preferred Customer Pricing, which is 10% lower than the bid pricing — Appendix C "Payment Schedule for Participating Public Agencies for a one(1) year term commencing October 06, 2020, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA pursuant to Miami-Dade County issued RFP00254 for the procurement of "Waste Carts, Recycling Carts, Cart Parts, Page 1 REHRIG PIGGYBACK AGREEMENT 042-2515020/RWC:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\9197F4D1- DD46-419C-B3FF-96CA81)8AIBBI\Boynton Beach.22812.1.Rehrig_Pacific_Piggyback Contract 9-30-20 RW.Docx Page 431 of 701 Bins and Related Products and Services" shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 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 Page 2 REHRIG PIGGYBACK AGREEMENT 042-2515020/RWC:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\9197F4D1- DD46-419C-B3FF-96CA81)8AIBBI\Boynton Beach.22812.1.Rehrig_Pacific_Piggyback Contract 9-30-20 RW.Docx Page 432 of 701 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 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 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. Page 3 REHRIG PIGGYBACK AGREEMENT 042-2515020/RWC:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\9197F4D1- DD46-419C-B3FF-96CA81)8AIBBI\Boynton Beach.22812.1.Rehrig_Pacific_Piggyback Contract 9-30-20 RW.Docx Page 433 of 701 Section 1. In the event that the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA is amended, or terminated, Rehrig Pacific Company shall notify the City within ten (10) days. In the event the Rehrig Pacific Companyis 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 2. Rehrig Pacific Company agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 3. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 4. In all other aspects, the terms and conditions of the Miami-Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: REHRIG PACIFIC COMPANY BY: Print Name: Title: Page 4 REHRIG PIGGYBACK AGREEMENT 042-2515020/RWC:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\9197F4D1- DD46-419C-B3FF-96CA81)8AIBBI\Boynton Beach.22812.1.Rehrig_Pacific_Piggyback Contract 9-30-20 RW.Docx Page 434 of 701 EXHIBIT A Appendix C-US Communities Tiered Pricing Page 5 REHRIG PIGGYBACK AGREEMENT 042-2515020/RWC:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\9197F4D1- DD46-419C-B3FF-96CA8D8AIBBI\Boynton Beach.22812.1.Rehrig_Pacific_Piggyback Contract 9-30-20 RW.Docx Page 435 of 701 i Miami-Dade County,FL RFP No.00254 Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services Contract No. 00254 THIS REEMENT made and entered into as of this day of T� r�(� I J� by and between Rehrig Pacific Company, a corporation organized and existing under the laws of the State of Delaware, having its principal office at 4010 East 26th Street, Los Angeles, CA 90058(hereinafter referred to as the "Contractor"), and Miami- Dade County, a political subdivision of the State of Florida, having its principal office at 111 N.W. 1st Street, Miami, Florida 33128 (hereinafter referred to as the "County"), WITNESSETH: WHEREAS,the Contractor has offered to provide waste carts, recycling carts, cart parts, bins and related products and services, on a non-exclusive basis, that shall conform to the Scope of Services (Appendix A); Miami-Dade County's Request for Proposals (RFP) No. 00254 and all associated addenda and attachments, incorporated herein by reference; and the requirements of this Agreement; and, WHEREAS, the Contractor has submitted a written proposal dated March 4, 2016, hereinafter referred to as the "Contractor's Proposal" which is incorporated herein by reference; and, WHEREAS, the County desires to procure from the Contractor such waste carts, recycling carts, cart parts, bins and related products and services for the County, in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS The following words and expressions used in this Agreement shall be construed as follows,except when it is clear from the context that another meaning is intended: a) The words"Contract"or"Agreement"to mean collectively these terms and conditions,the Scope of Services (Appendix A), all other appendices and attachments hereto, all amendments issued hereto, RFP No. 00254 and all associated addenda, and. the Contractor's Proposal. b) The words "Contract Date"to mean the date on which this Agreement is effective. Page 1 of 39 Rev. 6/21/2016 Page 436 of 701 Miami-Dade County,FL RFP No.00254 C) The words "Contract Manager"to mean Miami-Dade County's Director, Internal Services Department, or the duly authorized representative designated to manage the Contract. d) The word "Contractor"to mean Rehrig Pacific Company and its permitted successors. e) The word "Days" to mean Calendar Days. f) The word"Deliverables"to mean all documentation and any items of any nature submitted by the Contractor to the County's Project Manager for review and approval pursuant to the terms of this Agreement. g) The words "directed", "required", "permitted", "ordered", "designated", "selected", "prescribed" or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the County's Project Manager; and similar) "approved", acceptable" "satisfactory", " " y the words " pp , , ry , equal , "necessary", or words of like import to mean respectively, approved by, or acceptable or satisfactory to, equal or necessary in the opinion of the County's Project Manager. h) The words "Extra Work" or "Additional Work" to mean additions or deletions or modifications to the amount, type or value of the Work and Services as required in this Contract, as directed and/or approved by the County. i) The words "Project Manager" to mean the County Mayor or the duly authorized representative designated to manage the Project. j) The words "Scope of Services" to mean the document appended hereto as Appendix A, which details the work to be performed by the Contractor. k) The word "subcontractor" or "subconsultant" to mean any person, entity, firm or corporation, other than the employees of the Contractor, who furnishes labor and/or materials, in connection with the Work, whether directly or indirectly, on behalf and/or under the direction of the Contractor and whether or not in privity of Contract with the Contractor. I) The words "Work", "Services" "Program", or "Project" to mean all matters and things required to be done by the Contractor in accordance with the provisions of this Contract. ARTICLE 2. ORDER OF PRECEDENCE If there is a conflict between or among the provisions of this Agreement, the order of precedence is as follows: 1)these terms and conditions, 2)the Scope of Services(Appendix A), 3)the Miami- Dade County's RFP No. 00254 and any associated addenda and attachments thereof, and 4)the Contractor's Proposal ARTICLE 3. RULES OF INTERPRETATION a) References to a specified Article, section or schedule shall be construed as reference to that specified Article, or section of, or schedule to this Agreement unless otherwise indicated. b) Reference to any agreement or other instrument shall be deemed to include such agreement or other instrument as such agreement or other instrument may, from time to time, be modified, amended, supplemented, or restated in accordance with its terms. Page 2 of 39 Rev. 6/21/2016 Page 437 of 701 i I i i I' Miami-Dade County,FL RFP No.00254 c) The terms"hereof', "herein", "hereinafter", "hereby", "herewith", "hereto", and"hereunder" shall be deemed to refer to this Agreement. d) The titles, headings, captions and arrangements used in these Terms and Conditions are for convenience only and shall not be deemed to limit, amplify or modify the terms of this Contract, nor affect the meaning thereof. i ARTICLE 4. NATURE OF THE AGREEMENT a) This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. b) The Contractor shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the County in all aspects of the Services performed hereunder. C) The Contractor acknowledges that this Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all Work and Services under this Contract. All things not expressly mentioned in this Agreement but necessary to carrying out its intent are required by this Agreement, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. d) The Contractor shall furnish all labor, materials, tools, supplies, and other items required to perform the Work and Services that are necessary for the completion of this Contract. All Work and Services shall be accomplished at the direction of and to the satisfaction of the County's Project Manager. e) The Contractor acknowledges that the County shall be responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input on policy issues in the form of recommendations. The Contractor agrees to implement any and all changes in providing Services hereunder as a result of a policy change implemented by the County. The Contractor agrees to act in an expeditious and fiscally sound manner in providing the County with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. ARTICLE 5. CONTRACT TERM The Contract shall become effective on date indicated on Page 1 of this agreement and shall continue through the last day of the 60 month. The County, at its sole discretion, reserves the right to exercise the option to renew this Contract for a period of five (5) additional years, The County reserves the right to exercise its option to extend this Contract for up to one hundred- eighty (180) calendar days beyond the current Contract period and will notify the Contractor in writing of the extension. This Contract may be extended beyond the initial one hundred-eighty (180) calendar day extension period by mutual agreement between the County and the Page 3 of 39 Rev, 6/21/2016 Page 438 of 701 Miami-Dade County,FL J RFP No.00154 Contractor, upon approval by the Board of County Commissioners. ARTICLE 6. NOTICE REQUIREMENTS All notices required or permitted under this Agreement shall be in writing and shall be deemed sufficiently served if delivered by Registered or Certified Mail, with return receipt requested; or delivered personally; or delivered via fax or e-mail (if provided below) and followed with delivery of hard copy; and in any case addressed as follows: (1) to the County a) to the Project Manager: Miami-Dade County Department of Solid Waste Management Attn: Deputy Director for Waste Operations Phone: 305-514-6689 and, b) to the Contract Manager: Miami-Dade County Internal Services Department, Procurement Management Division 111 N.W. 1st Street, Suite 1375 Miami, FL 33128-1974 Attention: Assistant Director Phone: (305) 375-2363 Fax: (305) 375-2316 E-mail: (2) To the Contractor Rehrig Pacific Company 4010 East 261h Street Los Angeles, CA 90058 Attention: Mr. Matt Callier Phone: 407-857-3888 Fax: 407-857-0900 E-mail: mcallier@rehrig.com Either party may at any time designate a different address and/or contact person by giving notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. ARTICLE 7. PAYMENT FOR SERVICES/AMOUNT OBLIGATED The Contractor warrants that it has reviewed the County's requirements and has asked such questions and conducted such other inquiries as the Contractor deemed necessary in order to determine the price the Contractor will charge to provide the Work and Services to be performed under this Contract. The compensation for all Work and Services performed under this Contract, including all costs associated with such Work and Services, shall be in accordance with Appendix B, Payment Schedule (Miami-Dade County), Appendix C, U.S. Communities National Pricing Schedule and Appendix D, National Freight Averages for Participating Public Agencies. The Page 4 of 39 Rev. 6/21/2016 Page 439 of 701 Miami-Dade County,FL RFP No.00254 County or any Participating Public Agency shall have no obligation to pay the Contractor any additional sum in excess of this amount, except for a change and/or modification to the Contract, which is approved and executed in writing by the County or Participating Public Agency and the Contractor. All Services undertaken by the Contractor before County's approval of this Contract shall be at the Contractor's risk and expense. With respect to travel costs and travel-related expenses, the Contractor agrees to adhere to Section 112.061 of the Florida Statutes as they pertain to out-of-pocket expenses, including employee lodging, transportation, per diem, and all miscellaneous cost and fees. The County shall not be liable for any such expenses that have not been approved in advance, in writing, by the County. ARTICLE 8. PRICING Contract pricing for carts and bins shall be firm for the first complete quarter in accordance with the calendar year(i.e. March, June, September, and December) of the contract. Thereafter, the Contractor, during the last month of the quarter, shall submit the Chemical Data Monthly Petrochemical & Plastics Analysis Report as produced by Chemical Data (CD), 111 North Loop West, Suite 1140, Houston, Texas 77008. Quarterly price adjustments for carts and recycling bins shall be revised as a result of increase or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. The increase/decrease will be reflected in the unit price per cart for the term of the contract, for the amount of resin per pound per cart (95196 and 64165 and 35 gallon) as identified below. Product Description Resin Weight Per Container 95196 Gallons 34.1 lbs. 64165 Gallons 27.5 lbs. 34 Gallons 17.9 lbs. The February 2016 Chemical Data Index of$.645 per pound is the base rate for adjustment per the Chemical Data Index. In terms of ongoing adjustments. Should for some unknown reason the execution of the contract award and start be delayed past January 1, 2017, the container pricing would be adjusted to reflect the pricing at the end of that current month. For example; if the award was made on January 10, 2017, the Contractor is required to honor its submitted pricing until January 31, 2017. Using the same benchmark pricing of February 2016, the adjusted price would take effect on February 1, 2017 with an adjustment request submitted by the Contractor on or about January 25, 2017. Price adjustments would remain quarterly on the calendar year with the next potential adjustment taking place on April 1, 2017. ARTICLE 9. METHOD AND TIMES OF PAYMENT The Contractor agrees that under the provisions of this Agreement, as reimbursement for those actual, reasonable and necessary costs incurred by the Contractor,which are directly attributable or properly allocable to the Services, the Contractor may bill the County periodically, but not more than once per month, upon invoices certified by the Contractor pursuant to Appendix B — Price Schedule, Appendix C — U.S. Communities National Pricing Schedule for Participating Public Agencies or Appendix D - National Freight Averages for Participating Public Agencies. All invoices shall be taken from the books of account kept by the Contractor, shall be supported by copies of payroll distribution, receipt bills or other documents reasonably required by the County, Page 5 of 39 Rev. 6/21/2016 Page 440 of 701 Miami-Dade County,FL RFP No 00254 shall show the County's contract number, and shall have a unique invoice number assigned by the Contractor. It is the policy of Miami-Dade County that payment for all purchases by County agencies and the Public Health Trust shall be made in a timely manner and that interest payments be made on late payments. All firms,including Small Business Enterprises, providing goods and services to the County, shall receive payment to maintain sufficient cash flow. In accordance with Florida Statutes, Section 218.74 and Section 2-8.1.4 of the Miami-Dade County Code, the time at which payment shall be due from the County or the Public Health Trust shall be forty-five (45) days from receipt of a proper invoice. Billings from prime Contractors under services and goods contracts with the County or Public Health Trust, that are Small Business Enterprise contract set- aside, bid preference or contain a subcontractor goal, shall be promptly reviewed and payment made by the County or Trust on those amounts not under dispute within fourteen (14) calendar days of receipt of such billing by the County or the Trust pursuant to Sections 2-8.1.1.1.1 and 2- 8.1.1.1.2 of the Miami-Dade County Code. All payments due from the County or the Public Health Trust, and not made within the time specified by this section shall bear interest from thirty (30) days after the due date at the rate of one percent(1%) per month on the unpaid balance. Further, proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the County Mayor, or his or her designee(s), not later than sixty (60) days after the date on which the proper invoice was received by the County or the Public Health Trust. In accordance with Miami-Dade County Implementing Order 3-9, Accounts Receivable Adjustments, if money is owed by the Contractor to the County, whether under this Contract or for any other purpose, the County reserves the right to retain such amount from payment due by County to the Contractor under this Contract. Such retained amount shall be applied to the amount owed by the Contractor to the County. The Contractor shall have no further claim to such retained amounts which shall be deemed full accord and satisfaction of the amount due by the County to the Contractor for the applicable payment due herein. Invoices and associated back-up documentation shall be submitted in duplicate by the Contractor to the County as follows: Miami-Dade County Department of Solid Waste Management 8801 NW 581h Street Doral, Florida 33172 Attention: Cart Program Manager Phone: (305) 514-6336 The County may at any time designate a different address and/or contact person by giving written notice to the other party. ARTICLE 10. INDEMNIFICATION AND INSURANCE The Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. The Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to Page 6 of 39 Rev. 6/21/2016 Page 441 of 701 Miami-Dade County,FL RFP No.00254 indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Upon County's notification, the Contractor shall furnish to the Internal Services Department, Procurement Management Division, Certificates of Insurance that indicate that insurance coverage has been obtained, which meets the requirements as outlined below: 1. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. 2. Commercial General Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami-Dade County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection with the Services, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. 4. Professional Liability Insurance in an amount not less than $1,000,000 per claim. The company must be rated no less than "A" as to management, and no less than "Class VII"as to financial strength by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. OR The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Financial Services and are members of the Florida Guaranty Fund. The mailing address of Miami-Dade County as the certificate holder must appear on the certificate of insurance as follows: Miami-Dade County 111 N.W. 1st Street Suite 1300 Miami, Florida 33128-1974 Compliance with the foregoing requirements shall not relieve the Contractor of this liability and obligation under this section or under any other section in this Agreement. Award of this Contract is contingent upon the receipt of the insurance documents, as required, within ten (10) business days. If the insurance certificate is received within the specified timeframe but not in the manner prescribed in this Agreement, the Contractor shall have an additional five (5) business days to submit a corrected certificate to the County. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Agreement within fifteen (15) business days, the Contractor shall be in default of the contractual terms and conditions and award of the Contract may be rescinded, unless such timeframe for submission has been extended by the County. Page 7 of 39 Rev. 6/21/2016 Page 442 of 701 Miami-Dade County,FL RFP No 00254 The Contractor shall assure that the Certificates of Insurance required in conjunction with this Section remain in full force for the term of the Contract, including any renewal or extension periods that may be exercised by the County. If the Certificate(s) of Insurance is scheduled to expire during the term of the Contract, the successful Bidder shall submit new or renewed Certificate(s) of Insurance to the County a minimum of ten (10) calendar days before such expiration. In the event that expired Certificates of Insurance are not replaced or renewed to cover the Contract period, the County may suspend the Contract until the new or renewed certificates are received by the County in the manner prescribed herein. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Contract for cause and the Contractor shall be responsible for all direct and indirect costs associated with such termination. ARTICLE 11. MANNER OF PERFORMANCE a) The Contractor shall provide the Services described herein in a competent and professional manner satisfactory to the County in accordance with the terms and conditions of this Agreement. The County shall be entitled to a satisfactory performance of all Services described herein and to full and prompt cooperation by the Contractor in all aspects of the Services. At the request of the County, the Contractor shall promptly remove from the project any Contractor's employee, subcontractor, or any other person performing Services hereunder. The Contractor agrees that such removal of any of its employees does not require the termination or demotion of any employee by the Contractor. b) The Contractor agrees to defend, hold harmless and indemnify the County and shall be liable and responsible for any and all claims, suits, actions, damages and costs (including attorney's fees and court costs) made against the County, occurring on account of, arising from or in connection with the removal and replacement of any Contractor's personnel performing services hereunder at the behest of the County. Removal and replacement of any Contractor's personnel as used in this Article shall not require the termination and or demotion of such Contractor's personnel. c) The Contractor agrees that at all times it will employ, maintain and assign to the performance of the Services a sufficient number of competent and qualified professionals and other personnel to meet the requirements to which reference is hereinafter made. The Contractor agrees to adjust its personnel staffing levels or to replace any its personnel if so directed upon reasonable request from the County, should the County make a determination, in its sole discretion, that said personnel staffing is inappropriate or that any individual is not performing in a manner consistent with the requirements for such a position. d) The Contractor warrants and represents that its personnel have the proper skill, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Services described herein, in a competent and professional manner. e) The Contractor shall at all times cooperate with the County and coordinate its respective work efforts to most effectively and efficiently maintain the progress in performing the Services. f) The Contractor shall comply with all provisions of all federal, state and local laws, statutes, ordinances, and regulations that are applicable to the performance of this Agreement. Page 8 of 39 Rev. 6121/2016 Page 443 of 701 Miami-Dade County,FL RFP No.00254 ARTICLE 12. EMPLOYEES OF THE CONTRACTOR All employees of the Contractor shall be considered to be, at all times, employees of the Contractor under its sole direction and not employees or agents of the County. The Contractor shall supply competent employees. Miami-Dade County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on County property is not in the best interest of the County. Each employee shall have and wear proper identification. ARTICLE 13. INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees and agents of the County. The Contractor does not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. ARTICLE 14. AUTHORITY OF THE COUNTY'S PROJECT MANAGER a) The Contractor hereby acknowledges that the County's Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of,this Agreement including without limitations: questions as to the value, acceptability and fitness of the Services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Contractor's Proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. b) The Contractor shall be bound by all determinations or orders and shall promptly comply with every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Contractor agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. C) The Contractor must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Contractor and the Project Manager are unable to resolve their difference, the Contractor may initiate a dispute in accordance with the procedures set forth in this Article. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. d) In the event of such dispute, the parties to this Agreement authorize the County Mayor or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the County Mayor's purview as set forth above shall be conclusive, final and binding on Page 9 of 39 Rev. 6/21/2016 Page 444 of 701 I Miami-Dade County,FL RFP No.00254 parties. Any such dispute shall be brought, if at all, before the County Mayor within 10 days of the occurrence, event or act out of which the dispute arises. e) The County Mayor may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether Contractor's performance or any Deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the County Mayor participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by the Contractor to the County Mayor for a decision, together with all evidence and other pertinent information in regard to such questions, in order that a fair and impartial decision may be made. Whenever the County Mayor is entitled to exercise discretion or judgement or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be fair and impartial when exercised or taken. The County Mayor, as appropriate, shall render a decision in writing and deliver a copy of the same to the Contractor. Except as such remedies may be limited or waived elsewhere in the Agreement, Contractor reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. ARTICLE 15. MUTUAL OBLIGATIONS a) This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by the duly authorized representatives of both parties. b) Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control)to a party. G) In those situations where this Agreement imposes an indemnity obligation on the Contractor,the County may, at its expense, elect to participate in the defense if the County should so choose. Furthermore, the County may at its own expense defend or settle any such claims if the Contractor fails to diligently defend such claims, and thereafter seek indemnity for costs from the Contractor. ARTICLE 16. QUALITY ASSURANCE/QUALITY ASSURANCE RECORD KEEPING The Contractor shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Contractor and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. ARTICLE 17. AUDITS The County, or its duly authorized representatives or governmental agencies, shall until the expiration of three (3) years after the expiration of this Agreement and any extension thereof, have access to and the right to examine and reproduce any of the Contractor's books, documents, papers and records and of its subcontractors and suppliers which apply to all matters of the Page 10 of 39 Rev. 6/21/2016 Page 445 of 701 Miami-Dade County,FL RFP No 00254 County. Such records shall subsequently conform to Generally Accepted Accounting Principles requirements, as applicable, and shall only address those transactions related to this Agreement. Pursuant to Section 2-481 of the Miami-Dade County Code, the Contractor will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Contractor agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allowability and allocability of costs. ARTICLE 18. SUBSTITUTION OF PERSONNEL In the event the Contractor wishes to substitute personnel for the key personnel identified by the Contractor's Proposal, the Contractor must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. ARTICLE 19. CONSENT OF THE COUNTY REQUIRED FOR ASSIGNMENT The Contractor shall not assign, transfer, convey or otherwise dispose of this Agreement, including its rights, title or interest in or to the same or any part thereof without the prior written consent of the County. ARTICLE 20. SUBCONTRACTUAL RELATIONS a) If the Contractor will cause any part of this Agreement to be performed by a Subcontractor, the provisions of this Contract will apply to such Subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Contractor; and the Contractor will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the Subcontractor, its officers, agents, and employees, as if they were employees of the Contractor. The services performed by the Subcontractor will be subject to the provisions hereof as if performed directly by the Contractor. b) The Contractor, before making any subcontract for any portion of the services, will state in writing to the County the name of the proposed Subcontractor, the portion of the Services which the Subcontractor is to do, the place of business of such Subcontractor, and such other information as the County may require. The County will have the right to require the Contractor not to award any subcontract to a person, firm or corporation disapproved by the County. C) Before entering into any subcontract hereunder, the Contractor will inform the Subcontractor fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be performed. Such Services performed by such Subcontractor will strictly comply with the requirements of this Contract. d) In order to qualify as a Subcontractor satisfactory to the County, in addition to the other requirements herein provided, the Subcontractor must be prepared to prove to the satisfaction of the County that it has the necessary facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County that it has satisfactorily performed services of the same general type which is required to be performed under this Agreement. e) The County shall have the right to withdraw its consent to a subcontract if it appears to Page 11 of 39 Rev. 6/21/2016 Page 446 of 701 Miami-Dade County,FL RFP No.00254 the County that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Agreement. All Subcontractors are required to protect the confidentiality of the County's and County's proprietary and confidential information. Contractor shall furnish to the County copies of all subcontracts between Contractor and Subcontractors and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the County in the event the County finds the Contractor in breach of this Contract, permitting the County to request completion by the Subcontractor of its performance obligations under the subcontract. The clause shall include an option for the County to pay the Subcontractor directly for the performance by such Subcontractor. Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability on the part of the County to any subcontractor hereunder as more fully described herein. ARTICLE 21. ASSUMPTION PARAMETERS PROJECTIONS ESTIMATES AND EXPLANATIONS The Contractor understands and agrees that any assumptions, parameters, projections, estimates and explanations presented by the County were provided to the Contractor for evaluation purposes only. However, since these assumptions, parameters, projections,estimates and explanations represent predictions of future events the County makes no representations or guarantees; and the County shall not be responsible for the accuracy of the assumptions presented; and the County shall not be responsible for conclusions to be drawn therefrom; and any assumptions, parameters, projections, estimates and explanations shall not form the basis of any claim by the Contractor. The Contractor accepts all risk associated with using this information. ARTICLE 22. SEVERABILITY If this Agreement contains any provision found to be unlawful, the same shall be deemed to be of no effect and shall be deemed stricken from this Agreement without affecting the binding force of this Agreement as it shall remain after omitting such provision. ARTICLE 23. TERMINATION AND SUSPENSION OF WORK a) The County may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the County through fraud, misrepresentation or material misstatement: b) The County may, as a further sanction,terminate or cancel any other contract(s)that such individual or corporation or other entity has with the County and that such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. C) The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be debarred from County contracting for up to five (5)years in accordance with the County debarment procedures. The Contractor may be subject to debarment for failure to perform and all other reasons set forth in Section 10-38 of the County Code. d) In addition to cancellation or termination as otherwise provided in this Agreement, the County may at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Contractor. Page 12 of 39 Rev. 6/21/2016 Page 447 of 701 Miami-Dade County,FL RFP No.00254 e) In the event that the County exercises its right to terminate this Agreement,the Contractor shall, upon receipt of such notice, unless otherwise directed by the County: i. stop work on the date specified in the notice ("the Effective Termination Date"); ii. take such action as may be necessary for the protection and preservation of the County's materials and property; iii. cancel orders; iv. assign to the County and deliver to any location designated by the County any non- cancelable orders for Deliverables that are not capable of use except in the performance of this Agreement and has been specifically developed for the sole purpose of this Agreement and not incorporated in the Services; v. take no action which will increase the amounts payable by the County under this Agreement; and f) In the event that the County exercises its right to terminate this Agreement,the Contractor will be compensated as stated in the payment Articles herein for the: i. portion of the Services completed in accordance with the Agreement up to the Effective Termination Date; and ii. non-cancelable Deliverables that are not capable of use except in the performance of this Agreement and has been specifically developed for the sole purpose of this Agreement, but not incorporated in the Services. g) All compensation pursuant to this Article are subject to audit. ARTICLE 24. EVENT OF DEFAULT a) An Event of Default shall mean a breach of this Agreement by the Contractor. Without limiting the generality of the foregoing, and in addition to those instances referred to herein as a breach, an Event of Default shall include the following: i. the Contractor has not delivered Deliverables on a timely basis; ii. the Contractor has refused or failed to supply enough properly skilled staff personnel; iii. the Contractor has failed to make prompt payment to subcontractors or suppliers for any Services; iv. the Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; v. the Contractor has failed to obtain the approval of the County where required by this Agreement; vi. the Contractor has failed to provide "adequate assurances" as required under Page 13 of 39 Rev. 6/21/2016 Page 448 of 701 Miami-Dade County,FL RFP No.00254 subsection b below; vii. the Contractor has failed in the representation of any warranties stated herein. b) When, in the opinion of the County, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Services or any portion thereof, the County may request that the Contractor,within the timeframe set forth in the County's request, provide adequate assurances to the County, in writing, of the Contractor's ability to perform in accordance with the terms of this Agreement. Until the County receives such assurances, the County may request an adjustment to the compensation received by the Contractor for portions of the Services which the Contractor has not performed. In the event that the Contractor fails to provide to the County the requested assurances within the prescribed timeframe, the County may: i. treat such failure as a repudiation of this Agreement; and ii. resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. C) In the event the County shall terminate this Agreement for default, the County or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. ARTICLE 25. NOTICE OF DEFAULT- OPPORTUNITY TO CURE If an Event of Default occurs in the determination of the County, the County may so notify the Contractor ("Default Notice"), specifying the basis for such default, and advising the Contractor that such default must be cured immediately or this Agreement with the County may be terminated. Notwithstanding,the County may, in its sole discretion, allow the Contractor to rectify the default to the County's reasonable satisfaction within a thirty (30) day period. The County may grant an additional period of such duration as the County shall deem appropriate without waiver of any of the County's rights hereunder, so long as the Contractor has commenced curing such default and is effectuating a cure with diligence and continuity during such thirty (30) day period or any other period which the County prescribes. The default notice shall specify the date the Contractor shall discontinue the Services upon the Termination Date. ARTICLE 26. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to: a) lost revenues; b) the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for re-procurement of Services, including procurement and administrative costs; and C) such other direct damages. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. The County may also bring any suit or proceeding for specific performance or for an injunction. Page 14 of 39 Rev. 6/21/2016 Page 449 of 701 Miami-Dade County,FL RFP No.00254 ARTICLE 27. FORCE MAJEURE A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire,flood, earthquake, storm, hurricane or other natural disaster),war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity. If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in this Article. ARTICLE 26. PATENT AND COPYRIGHT INDEMNIFICATION a) The Contractor shall not infringe on any copyrights, trademarks, service marks, trade secrets, patent rights, other intellectual property rights or any other third party proprietary rights in the performance of the Work. b) The Contractor warrants that all Deliverables furnished hereunder, including but not limited to: equipment, programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any copyrights, trademarks, service marks, trade secrets, patent rights, other intellectual property rights or any other third party proprietary rights. C) The Contractor shall be liable and responsible for any and all claims made against the County for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the Work, or the County's continued use of the Deliverables furnished hereunder. Accordingly, the Contractor at its own expense, including the payment of attorney's fees,shall indemnify,and hold harmless the County and defend any action brought against the County with respect to any claim, demand, cause of action, debt, or liability. d) In the event any Deliverable or anything provided to the County hereunder, or portion thereof is held to constitute an infringement and its use is or may be enjoined, the Contractor shall have the obligation to, at the County's option to (i) modify, or require that the applicable subcontractor or supplier modify, the alleged infringing item(s) at its own expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the County, at the Contractor's expense, the rights provided under this Agreement to use the item(s). e) The Contractor shall be solely responsible for determining and informing the County whether a prospective supplier or subcontractor is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any Deliverable hereunder. The Contractor shall enter into agreements with all suppliers and subcontractors at the Contractor's own risk. The County may reject any Deliverable that it believes to be the subject of any such litigation or injunction, or if, in the County's judgment, use thereof would delay the Work or be unlawful. Page 15 of 39 Rev. 6/21/2016 Page 450 of 701 Miami-Dade County,FL RFP No.00254 ARTICLE 29. CONFIDENTIALITY a) All Developed Works and other materials, data, transactions of all forms, financial information, documentation, inventions, designs and methods obtained from the County in connection with the Services performed under this Agreement, made or developed by the Contractor or its subcontractors in the course of the performance of such Services, or the results of such Services, or which the County holds the proprietary rights, constitute Confidential Information and may not, without the prior written consent of the County, be used by the Contractor or its employees, agents, subcontractors or suppliers for any purpose other than for the benefit of the County, unless required by law. In addition to the foregoing, all County employee information and County financial information shall be considered Confidential Information and shall be subject to all the requirements stated herein. Neither the Contractor nor its employees, agents, subcontractors or suppliers may sell, transfer, publish, disclose, display, license or otherwise make available to others any part of such Confidential Information without the prior written consent of the County. Additionally,the Contractor expressly agrees to be bound by and to defend, indemnify and hold harmless the County,and their officers and employees from the breach of any federal, state or local law in regard to the privacy of individuals. b) The Contractor shall advise each of its employees, agents, subcontractors and suppliers who may be exposed to such Confidential Information of their obligation to keep such information confidential and shall promptly advise the County in writing if it learns of any unauthorized use or disclosure of the Confidential Information by any of its employees or agents, or subcontractor's or supplier's employees, present or former. In addition, the Contractor agrees to cooperate fully and provide any assistance necessary to ensure the confidentiality of the Confidential Information. G) It is understood and agreed that in the event of a breach of this Article damages may not be an adequate remedy and the County shall be entitled to injunctive relief to restrain any such breach or threatened breach. Unless otherwise requested by the County, upon the completion of the Services performed hereunder, the Contractor shall immediately turn over to the County all such Confidential Information existing in tangible form, and no copies thereof shall be retained by the Contractor or its employees, agents, subcontractors or suppliers without the prior written consent of the County. A certificate evidencing compliance with this provision and signed by an officer of the Contractor shall accompany such materials. ARTICLE 30. PROPRIETARY INFORMATION As a political subdivision of the State of Florida, Miami-Dade County is subject to the stipulations of Florida's Public Records Law. The Contractor acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the contract, the Contractor will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County Page 16 of 39 Rev. 6/21/2016 Page 451 of 701 Miami-Dade County,FL RFP No.00254 (hereinafter "Computer Software"). All third-party license agreements must also be honored by the contractors and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the contractors' employees with the approval of the lessor or Contractors thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Contractor will report to the County any information discovered or which is disclosed to the Contractor which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Contractor's authority to prevent improper use, disclosure or removal. ARTICLE 31. PROPRIETARY RIGHTS a) The Contractor hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Contractor hereunder, including all copyright and other proprietary rights therein, including but not limited to all data related to customer service requests, (e.g., requests received, processed and returned), and to all cart inventory related data (e.g., carts received, distributed and remaining), which the Contractor as well as its employees, agents, subcontractors and suppliers may use only in connection with the performance of Services under this Agreement. The Contractor shall not, without the prior written consent of the County, use such documentation on any other project in which the Contractor or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Contractor to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to any patents and patent applications on any inventions invented by employees of the County shall become the property of the County. All rights, title and interest in and to any patents and patent applications on any inventions invented by employees of Contractor shall become the property of Contractor. All rights, title and interest in and to any patents and patent applications on any inventions invented jointly by employees of the County and. Contractor shall become the joint property of the County and Contractor. C) The County shall have a non-exclusive, royalty-free, perpetual license to use any feature added by Contractor at the specific request by the County to the extent such feature was not already in Contractor's product roadmap or pipeline or development or patent application. Such license to use shall not include access to source code. d) Upon expiration of this Agreement, Contractor shall deliver to the County all the data relating to the County's residents and inventory residing in its system(s). Such data shall be provided in a standard electronic unencrypted format, such as CSV, comma delimited flat file or similar, within 14 days of request. If requested by the County, Contractor shall provide a sufficient number of hours of technical assistance to effectuate an adequate transition, as determined by the County, to another system, at the rate of $150 per hour. After expiration, the County shall have a non-exclusive, royalty-free, perpetual license to use, copy, modify, or publish any printed materials provided by Contractor to County. Such license shall be limited to the benefit of the County and its residents, and shall not extend Page 17 of 39 Rev. 6/21/2016 Page 452 of 701 Miami-Dade County,FL RFP No.00254 to any third party outside the County. e) The County acknowledges that no license to any software shall be provided past termination unless otherwise agreed in writing. Contractor is to provide hosted services to the County that are accessible to the County under this Agreement on a subscription- based arrangement and that such access will be suspended at termination unless otherwise agreed in writing. f) Contractor acknowledges that the County is not agreeing to hold any information in confidence and that any statement or legend to the contrary shall be void and have no effect. ARTICLE 32. VENDOR REGISTRATIONICONFLICT OF INTEREST a) Vendor Registration The Contractor shall be a registered vendor- with the County — Internal Services Department, Procurement Management Division,for the duration of this Agreement. In becoming a Registered Vendor with Miami-Dade County, the Contractor confirms its knowledge of and commitment to comply with the following: 1. Miami-Dade County Ownership Disclosure Affidavit (Ordinance 97-35) (Section 2-8.1 of the County Code) 12. Miami-Dade County E-Verify Affidavit 2, Miami-Dade County Employment Disclosure Affidavit (Executive Order 11-116) (Section 2.8-f(d)(2)of the County Code) 13. Subcontractor/Supplier Listing 3. Miami-Dade Employment Drug-free Workplace (Section 2-8.8 of the County Code) Certification (Section 2-8.1.2(b)of the County Code) 14. Environmentally Acceptable Packaging (Resolution R-738-92) 4. Miami-Dade Disability and Nondiscrimination Affidavit 15. W-9 and 8109 Forms (as required by the Internal Revenue Service) (Section 2-8.1.5 of the County Code) 16. FEIN Number or Social Security Number In order to establish a file, the Contractor's Federal 5. Miami-Dade County Debarment Disclosure Affidavit Employer Identification Number (FEIN) must be (Section 14.38 of the County Code) provided. If no FEIN exists,the Social Security Number ofthe owner or individual must be provided.This number 6. Miami-Dade County Vendor Obligation to County becomes Contractor's "County Vendor Number". To Affidavit comply with Section 119.071(5)of the Florida Statutes relating to the collection of an individual's Social Security (Section 2-8.1 of the County Code) Number, be aware that the County requests the Social Security Number for the following purposes: 7. Miami-Dade County Code of Business Ethics ■ Identification of individual account records Affidavit - To make payments to individual/Contractor for goods and services provided to Miami-Dade County - Tax reporting purposes (Section 2-8,1(i)and 2-11(b)(1)of the County Code through - To provide a unique identifier in the vendor (6)and(9)of the County Code and Section 2-11.1(c)of the database that may be used for searching and County Code) sorting departmental records 8. Miami-Dade County Family Leave Affidavit 17. Office of the Inspector General (Article V of Chapter 1 f of the County Code) (Section 2-1076 of the County Code) 9. Miami-Dade County Living Wage Affidavit 18. Small Business Enterprises (Section 2-8.9 of the County Code) The County endeavors to obtain the participation of all small business enterprises pursuant to Sections 2-8.2,2- 10. Miami-Dade County Domestic Leave and Reporting 8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Affidavit Code of Federal Regulations. (Article 8,Section f lA-60 f IA-67 of the County Code) 19. Antitrust Laws 11. Subcontracting Practices Page 18 of 39 Rev. 6/21/2016 Page 453 of 701 Miami-Dade County,FL RFP Na.00254 By acceptance of any contract,the Contractor agrees to comply with all antitrust laws of the United States and the State of Florida. b) Conflict of Interest/Code of Ethics Section 2-11.1(d)of Miami-Dade County Code requires that any County employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County, competing or applying for a contract, must first request a conflict of interest opinion from the County's Ethics Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect,with Miami-Dade County or any person or agency acting for Miami-Dade County. Any such contract or business engagement entered in violation of this subsection, as amended, shall be rendered voidable. All autonomous personnel, quasi-judicial personnel, advisory personnel, and employees wishing to do business with the County are hereby advised they must comply with the applicable provisions of Section 2-11.1 of the Miami-Dade County Code relating to Conflict of Interest and Code of Ethics. In accordance with 2-11.1 (y), the Miami Dade County Commission on Ethics and Public Trust (Ethics Commission) shall be empowered to review, interpret, render advisory opinions and letters of instruction and enforce the Conflict of Interest and Code of Ethics Ordinance. ARTICLE 33. INSPECTOR GENERAL REVIEWS Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20, the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter"IPSIG"),whenever the County deems it appropriate to do so. Upon written notice from the County, the Contractor shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Contractor's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision apply to the Contractor, its officers, agents, employees,.subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Contractor in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Contractor or any third party. Miami-Dade County Inspector General Review According to Section 2-1076 of the Code of Miami-Dade County, Miami-Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts. The cost of the audit for this Contract shall be one quarter(114)of one(1) percent of the total contract amount which cost shall be included in the total contract amount. The audit cost will be deducted by the County from progress payments to the Contractor. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b)contracts for legal services; (c)contracts for financial advisory services; (d) auditing contracts; (e)facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating Page 19 of 39 Rev. 6/21/2016 Page 454 of 701 i Miami-Dade County,FL RFP No.00254 contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) professional service agreements under$1,000; (k) management agreements; (1) small purchase orders as defined in Miami-Dade County Administrative Order 3-38; (m) federal, state and local government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all County contracts including, but not limited to, those contracts specifically exempted above. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in conformance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process, including but not limited to project design, specifications, proposal submittals, activities of the Contractor, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon written notice to the Contractor from the Inspector General or IPSIG retained by the Inspector General, the Contractor shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Contractor's possession, custody or control which, in the Inspector General's or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements form and which successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. ARTICLE 34. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS Contractor agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State and the County orders, statutes, ordinances, rules and regulations which may pertain to the Services required under this Agreement, including, but not limited to: a) Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this Contract. b) Miami-Dade County Florida, Department of Small Business Development Participation Provisions, as applicable to this Contract. C) Environmental Protection Agency (EPA), as applicable to this Contract. d) "Conflicts of Interest" Section 2-11 of the County Code, and Ordinance 01-199. Page 20 of 39 Rev. 6/21/2016 Page 455 of 701 Miami-Dade County,Ft RFP No 00254 e) Miami-Dade County Code Section 10-38 "Debarment". f) Miami-Dade County Ordinance 99-5, codified at 11A-60 et. seq. of Miami-Dade Code pertaining to complying with the County's Domestic Leave Ordinance. g) Miami-Dade County Ordinance 99-152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami-Dade County. The Contractor shall hold all licenses and/or certifications, obtain and pay for all permits and/or inspections, and comply with all laws, ordinances, regulations and building code requirements applicable to the work required herein. Damages, penalties, and/or fines imposed on the County or Contractor for failure to obtain and maintain required licenses, certifications, permits and/or inspections shall be borne by the Contractor. The Project Manager shall verify the certification(s), license(s), permit(s), etc. for the Contractor prior to authorizing work and as needed. Notwithstanding any other provision of this Agreement, Contractor shall not be required pursuant to this Agreement to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Contractor, constitute a violation of any law or regulation to which Contractor is subject, including but not limited to laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. ARTICLE 35. NONDISCRIMINATION During the performance of this Contract, Contractor agrees to not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation, gender identity or gender expression, status as victim of domestic violence, dating violence or stalking,or veteran status, and on housing related contracts the source of income, and will take affirmative action to ensure that employees and applicants are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not limited to: recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on the job training. By entering into this Contract, the Contractor attests that it is not in violation of the Americans with Disabilities Act of 1990 (and related Acts) or Miami-Dade County Resolution No. R-385- 95. If the Contractor or any owner, subsidiary or other firm affiliated with or related to the Contractor is found by the responsible enforcement agency or the County to be in violation of the Act or the Resolution, such violation shall render this Contract void. This Contract shall be void if the Contractor submits a false affidavit pursuant to this Resolution or the Contractor violates the Act or the Resolution during the term of this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. ARTICLE 36. CONFLICT OF INTEREST The Contractor represents that: a) No officer, director, employee, agent, or other consultant of the County or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the award of this Agreement. b) There are no undisclosed persons or entities interested with the Contractor in this Agreement. This Agreement is entered into by the Contractor without any connection with any other entity or person making a proposal for the same purpose, and without collusion, Page 21 of 39 Rev. 6/21/2016 Page 456 of 701 Miami-Dade County,FL RFP No.00254 fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: i) is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Contractor or to the best of the Contractor's knowledge any subcontractor or supplier to the Contractor. C) Neither the Contractor nor any officer, director, employee, agency, parent, subsidiary, or affiliate of the Contractor shall have an interest which is in conflict with the Contractor's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Contractor provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. d) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. e) In the event Contractor has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Contractor shall promptly bring such information to the attention of the County's Project Manager, Contractor shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Contractor receives from the Project Manager in regard to remedying the situation. ARTICLE 37. PRESS RELEASE OR OTHER PUBLIC COMMUNICATION Under no circumstances shall the Contractor without the express written consent of the County: a) Issue or permit to be issued any press release, advertisement or literature of any kind which refers to the County, or the Work being performed hereunder, unless the Contractor first obtains the written approval of the County. Such approval may be withheld if for any reason the County believes that the publication of such information would be harmful to the public interest or is in any way undesirable; and b) Communicate in any way with any contractor, department, board, agency, commission or other organization or any person whether governmental or private in connection with the Services to be performed hereunder except upon prior written approval and instruction of the County; and C) Except as may be required by law, the Contractor and its employees, agents, subcontractors and suppliers will not represent, directly or indirectly, that any product or service provided by the Contractor or such parties has been approved or endorsed by the County. Page 22 of 39 Rev. 6/21/2016 Page 457 of 701 Miami-Dade County, FLRFP No,00254 ARTICLE 36. BANKRUPTCY The County reserves the right to terminate this contract, if, during the term of any contract the Contractor has with the County, the Contractor becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Contractor under federal bankruptcy law or any state insolvency law. ARTICLE 39. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract(whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. Venue shall be Miami-Dade County. ARTICLE 40. FIRST SOURCE HIRING REFERRAL PROGRAM Pursuant to Section 2-2113 of the Code of Miami-Dade County, for all contracts for goods and services, the Contractor, prior to hiring to fill each vacancy arising under a County contract shall (1)first notify the South Florida Workforce Investment Board ("SFWIB"), the designated Referral Agency, of the vacancy and list the vacancy with SFWIB according to the Code, and (2) make good faith efforts as determined by the County to fill a minimum of fifty percent (50%) of its employment needs under the County contract through the SFWIB. If no suitable candidates can be employed after a Referral Period of three to five days, the Contractor is free to fill its vacancies from other sources. Contractor will be required to provide quarterly reports to the SFWIB indicating the name and number of employees hired in the previous quarter, or why referred candidates were rejected. Sanctions for non-compliance shall include, but not be limited to: (i) suspension of contract until Contractor performs obligations, if appropriate; (ii) default and/or termination; and (iii) payment of $1,500/employee, or the value of the wages that would have been earned given the noncompliance,whichever is less. Registration procedures and additional information regarding the FSHRP are available at httpsaliapps.careersourcesfl,comlfirstsourcel. ARTICLE 41. PUBLIC RECORDS AND CONTRACTS FOR SERVICES PERFORMED ON BEHALF OF MIAMI-DADE COUNTY The Contractor shall comply with the PublicRecordsLaws of the State of Florida, including...by not limited to, (1) keeping and maintaining all public records that ordinarily and necessarily would be required by the County in order to perform the service; (2) providing the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law; (3) ensuring that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (4) meeting all requirements for retaining public records and transferring, at no cost, to the County all public records in possession of the Contractor upon termination of the contract and destroying any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements upon such transfer. In addition, all records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure to meet any of these provisions or to comply with Florida's Public Records Laws as applicable shall be a material breach of this Agreement and shall be enforced in accordance with the terms and conditions of the Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE Page 23 of 39 Rev. 6/21/2016 Page 458 of 701 I Miami-Dade County,FL RFP No.00254 PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (305) 375.5773, ISD-VSS@MIAMIDADE.GOV, 111 NW 1st STREET, SUITE 1300, MIAMI, FLORIDA 33128 ARTICLE 42 NOTICE OF DEFERRAL UNDER FEDERAL GRANT UNIFORM GUIDANCE As permitted under the rule published at 80 FR 54407, the County is electing to defer until July 1, 2017, the implementation of the procurement provisions of the Uniform Guidance, as detailed in 2 CFR 200 subsections .317 through .326. During this period, we will continue to operate under the guidance of 44 C.F.R. § 13.36(a)-(i) (States, Local and Tribal governments) and 2 C.F.R. 215.40-48 (Institutions of Higher Education, Hospitals, and Private Non-Profits). This notice shall constitute the documentation of this decision as required, and shall be deemed incorporated into the County's internal procurement policies. ARTICLE 42. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly,the respective obligations of the Contractor and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract date herein above set forth. Contractor Miami-Dade Count rig Pacific Company { By: B Rajesh J. Luhar y Name: Tame: Carlos A. Gimenez Title: CFO 4 Title: Ma or Date: 8/15/2016 Date: ' Attest: ` Attest: Corpo' to ecretary/Notary Public CI rk of ® °° Buena M. Blackburn, Notary Public ��' •. C My Commission expires; Sept. 22, 2016 °` :`:P `t4 ;�*° Corporate Seal/Nota Seal Approved as to form cau;at� i A otary Public or other officer completing this certificate verifies on y the n legal s fficiency �® identity of the individual who signed the document to which this certificate , c3 is attached,and not the truthfulness,accuracy,or validity of that document. .+ State of California; County of Los Angeles Assistanj Coulity A me Rajesh J.Luhar,who approved to me upon satisfactory evidence to be the person who appeared before me. !certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Page 24 of 39 '@N $/SENA Ni.BLAGICSt1RN Rev. 6/21/2016 COMM.01989157 c Notary puWie-caU4ornis -n Page 459 Of 701 EAS ANGELES COUNTY 11} qtly Comm•Exp, eP. Miami-Dade County,FL RFP No.00254 APPENDIX A—SCOPE OF SERVICES 1.1 BACKGROUND Miami-Dade County, Florida (County) is registered through U.S. Communities Governmental Purchasing Alliance as a lead public agency. The County, as a lead public agency, conducted a competitive solicitation 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")for a complete line of Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services (herein "Products and Services"). Participating Public Agencies that desire to engage Contractor for all or part of the products and services described in this Agreement shall refer to the Master Intergovernmental refer to the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) through U.S. Communities Governmental Purchasing Alliance. The Contractor shall be responsible for the manufacturing and delivering of waste carts, recycling carts, cart parts, bins and related products and services. In addition, the Contractor shall provide an asset management system that will enable the County to track and manage waste carts, recycling carts, and bins. All products and services provided under this contract are to be a part of a robust turn-key waste and recycling cart solution which will allow the County and Participating Public Agencies to address their respective waste and recycling needs utilizing a single contractor. 2.1 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all Federal, State, and local governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.2 CART SPECIFICATIONS All carts shall meet, at a minimum, American National Standards Institute (ANSI) cart standards Z-245.30-1996 and Z-245.60-1996, or latest ANSI update. All applicable rules, regulations, laws and standards pertaining to this product must be adhered to. The following specifications. supersede the standards listed above, where applicable: a.) The cart shall be manufactured from high-density polyethylene (HDPE). The HDPE must have a density of 0.947 to 0.968 grams cm3. The Melt Index (MI) of the HDPE must be, at minimum, 4.0. b.) The cart shall have an ultraviolet(UV)inhibitor to prevent deterioration and shattering. The Ultraviolet inhibitor shall be added at a minimum of 2% by weight, or technologically advanced equivalent, thus ensuring maximum protection from the elements. c.) The cart shall be manufactured with a smooth non-textured surface inside and shall have no sharp edges on the outside. d.) The cart shall be manufactured free of inside recesses, projections or other obstructions where refuse could be trapped. e.) The cart shall be manufactured with a narrow width design to fit through a 30 inch door opening. f.) The cart shall be manufactured with a foot operated tilt feature designed in the axle area to facilitate easy tipping. Page 25 of 39 Rev. 6/21/2016 Page 460 of 701 Miami-Dade County,FL RFP No.00254 g.) The cart shall be manufactured with a slight taper, so that the top of the body is slightly larger than the bottom for nesting during shipment. h.) The cart shall be aerodynamically designed to remain stable in winds of approximately 25- 30 miles per hour. i.) The cart shall be designed (whether empty or full)to remain in the upright position when the lid is thrown open. j.) The cart shall be manufactured with a'/"minimum molded-in bottom wear strips for longer life. k.) The cart lifting section shall be permanently molded into the cart by the manufacturer. l.) The carts shall be equipped with a factory installed metal grab bar. m.) With the exception of the metal axle, and possibly the metal grab bar, there shall be no other metal attachments, metal framing, or nuts and bolts on cart. 2.3 CART COMPATIBILITY WITH TRUCK LOADING SYSTEM(S) Carts are required to be compatible with standard truck mounted cart grabbing system(s)where the vehicle's arm empties the cart contents into the vehicle's waste receptacle. The cart shall be designed to be picked up and dumped by a semi-automated or fully automated lifting device that picks up the leading side of the cart and inverts it while preventing it from falling into the truck hopper. The cart shall function regularly and efficiently with a mechanized collection system. 2.4 CART LID AND HANDLE The cart lid shall be a one-piece construction and be manufactured from the same material and color as the cart body unless otherwise specified by the County. It shall be of such a configuration that it will not fade, warp, bend, slump, or distort to such extent that it no longer fits the cart properly or becomes otherwise unserviceable. An ultraviolet inhibitor is required. The inhibitor shall guarantee effectiveness against sun deterioration or the lid becoming brittle due to exposure. The cart section will be furnished with a hinged lid, with the hinge to the rear of wheeled section. Two-wheeled cart lids that are hinged shall be marked with a statement such as, "CLOSE LID BEFORE MOVING", at the County's discretion. Lids shall be curved or built up to drain and shall be light and stiff for convenient handling. Lids shall sit flush or overlap the sides, but may flare out so they will not bind against the sides if the container is distorted by the lifting device. The lid must have a molded memory that returns to its original shape if distorted by the lifting device, so that the lid closes completely. Lids shall be securely attached to the cart without the use of nuts and bolts and shall be hinged to open using gravity as the cart is dumped. The lid shall open to a position of 270 degrees from the closed position and hang open without stressing the lid, cart body or tipping over the cart. The cart lid should prevent the intrusion of rain water, rodents, birds, and flies and prevent the emission of odors. It should enable the free and complete flow of material from the cart during the dump cycle without interference with the material already deposited in the truck body or the truck body itself and its lifting mechanism. The lid shall not blow open during inclement weather conditions. Users of the cart should be able to conveniently and easily open and close the lid throughout the serviceable life of the cart.The cart lid and body must be of such design and weight that would prevent an empty cart from tilting backward when lifting the lid open. Lids should be designed to be easily removed in the event of damage or failure; the hinge assembly shall not be capable of being readily removed by the public, by hand or with ordinary tools. Lids will not have a locking device. Handle attachments must be of durable construction and may be integrally molded or metal. Page 26 of 39 Rev. 6/21/2016 Page 461 of 701 i Miami-Dade County,FL RFP No.00254 2.5 CART WHEELS Each cart shall be furnished with two (2) plastic molded, minimum 1 '/" cross-section snap on wheels, and each wheel shall be furnished with an inner lock pin made out of a corrosion resistant material.Wheels shall be molded from first quality 100%virgin high-density polyethylene (HDPE) resin or high-density polyethylene (HDPE)resin that may include recycled HDPE material. A quiet tread is required. Wheels must be secured to the axle by a means that resists hard set downs, pushing, pulling, and testing. Wheel bearings, if provided, shall be maintenance-free and self- lubricating. a) Cartwheels for the 95196 gallon carts must have a minimum diameter of 10 inches. b) Cartwheels for the 64165 gallon carts must have a minimum diameter of 10 inches. c) Cart wheels for the 35 gallon carts must have a minimum diameter of 8 inches. The County, at its sole discretion, may opt to request that each cart be furnished with two (2) rubber wheels.The wheels shall consist of a minimum 1 % inches cross-section, solid rubber tires pressed onto hubs. Wheels must be secured to the axle by a means that resists hard set downs, pushing, pulling, and testing. Wheel bearings, if provided, shall be maintenance-free and self- lubricating. d) Cartwheels for the 95196 gallon carts must have a minimum diameter of 10 inches. e) Cart wheels for the 64165 gallon carts must have a minimum diameter of 10 inches. f) Cart wheels for the 35 gallon carts must have a minimum diameter of 8 inches. 2.6 CART AXLE Each cart shall be furnished with a 518 inch minimum solid steel axle with corrosion resistant coating that shall be securely attached to body by molded axle retainers. The axle must slide in the cart bottom and must not be exposed to contents inside of the container. Metal attachments are not acceptable. 2,7 CART MARKINGS a) Manufacturer Information: Carts shall be permanently identified with 1) manufacturer's name or trademark, 2) model, 3) year and month of manufacture, 4) manufacturer's maximum load weight rating and 5)volumetric capacity. b) Standards: Carts shall be clearly marked that they are designed and manufactured in accordance with ANSI Standards. If the cart conforms to the requirements of one or more of the standard container types specified in ANSI Z245.60-1996 or latest update, the marking shall include; "CONFORMS WITH ANSI Z245.60-1996 (or latest update), TYPE B (barlock)and G (automated) ANY REPAIR, RECONSTRUCTION, OR MODIFICATION MUST ALSO CONFORM TO THIS STANDARD." c) Logo: The County's logo will be inscribed or hot-stamped in white color on both sides of the body of the cart. Decals, stickers or surface paint are not acceptable. In order to maintain consistency with existing cart markings, the County requires the exact, or minimally altered, logo appearance as is currently utilized. Size variations shall not exceed l/2 inch in any direction. Final art approval is at the discretion of the County. The logo shall be in the shape of a rectangle and sizes shall be per cart size, as follows: i. 95196 Gallon Cart- 7" H x 11 %W Page 27 of 39 Rev. 6/21/2016 Page 462 of 701 Miami-Dade County,FL RFP No.00254 ii. 64/65 Gallon Cart- 6" H x 9"W iii. 35 Gallon Cart - 3" H x 6"W The County reserves the right to change the shape and sizes of the logo if deemed necessary. d) Required Cart Identification: A serial number must be placed in at least one (1) location using materials and an application method that is highly durable and appropriate to the weather and waste environment. The serial number must be in a position that will permit unobstructed visibility while the containers are nested or stacked (as received upon delivery), with a preferred location above the County logos on either side. The Contractor will include the ongoing ability to view the serial number under normal wear and tear conditions in an exposed environment in the cart warranty. The Contractor may offer relevant options for upgraded, alternate methods and/or a method of replacing lost/damaged serial numbers. Acceptance of alternatives shall be at the discretion of the County. The starting number shall be determined by the County, and updated upon request. e) Instructions for Use of Cart: All cart lids shall be clearly embossed with raised letters and inscribed, or hot-stamped onto the outside of the lid near the front. Verbiage shall be in up to three languages, to include English, Spanish and Creole, and will be finalized by the County prior to an order being placed. The County shall reserve the right to change the verbiage or request the verbiage in another language other than those listed below as long as it is provided by the County to the Contractor prior to cart production. i. The language for waste carts should be customizable and shall include at least the following: ■ Property of Miami-Dade County ■ For Customer Service Call 311 ■ Keep Lid Closed ■ This Side Toward Street ■ No Construction Material ■ No Flammable Material ii. The language for recycling carts should be customizable and shall include at least the following: ■ Property of Miami-Dade County ■ For Customer Service Call 311 ■ Keep Lid Closed ■ This Side Toward Street ■ Recyclable Materials Only f) Recycled Content Symbol: To comply with Florida State Law relating to identification of recycled plastic materials, the recycling symbol and a number indicating the type of plastic used shall be embossed on all carts or lids. The marking shall be at least 3" x 3" or compliant with current regulations, and shall meet Society of Plastic Industry (SPI) voluntary coding system. 2.8 BAR CODE/SERIAL NUMBER LABEL FOR RETROFIT The Contractor shall provide bar code/serial number labels that may be permanently adhered to existing carts. Labels shall be made of durable plastic, use permanent adhesive and ensure a life expectancy of at least five (5)years. The label adhesive shall be durable, anti-fading, wrinkle Page 28 of 39 Rev. 6/21/2016 Page 463 of 701 Miami-Dade County,FL RFP W 00234 resistant and resistant to extreme weather conditions such as: heat, cold, high humidity and high volume water pressure.The bar code/serial number label shall be capable of attaching to various manufacturer carts. At a minimum, the labels should adhere to: Schaefer, Cascade, Otto, Rehrig and Toter Carts and bins. 2.9 RFID LABEL FOR RETROFIT OF EXISTING CARTS The Contractor shall provide RFID/serial number labels that may be permanently adhered to existing carts for various manufacturers. Labels shall be made of durable plastic, use permanent adhesive, and ensure a life expectancy of at least five (5) years. The label adhesive shall be durable, anti-fading, wrinkle resistant and resistant to extreme weather conditions such as: heat, cold, high humidity and high volume water pressure. The RFID/serial number label shall be capable of attaching to various manufacturer carts. At a minimum, the labels should adhere to: Schaefer, Cascade, Otto, Rehrig and Toter Carts and bins. 2.10 COLOR IN MOLD LABELS (OPTIONAL) At the discretion of the County, the Contractor's cart/recycling bin(s) may be requested to have color in mold labels as an alternative/additional feature to the County's logo, or other identifying information such as the barcode/RFID labels. 2.11 RFID HARDWARE FOR NEW CARTS The Contractor shall provide embedded RFID tag technologies that allow for the tracking and distribution of the carts purchased by the County. The Contractor shall produce and ship carts and associated containers with the embedded UHF RFID tag that has been pre-configured and programmed at the Contractor's production facility. This is a feature that may be elected by the County and shall be tied to compatible RFID readers integrated into the operating software system that allow for tracking, distribution, and assignment. At a minimum, the RFID Hardware, RFID tag reader device(s), and associated software functionality shall be as follows: a) RFID tag must be installed within the cart container body, with no exposure to the outside elements. RFID tags affixed to the container lid or placed inside of the container are unacceptable.The serial number/bar code shall contain ten (10)total alphanumeric digits, including a three (3) digit prefix that indicates the container size, city/brand plate identification and types followed by a unique seven (7) digit serial number. The serial number bar code must be the same number as what is used to identify the container for warranty purposes. Adhesive or sticker RFID tags and/or bar codes will not be acceptable. b) Contractor is required to establish for the County and maintain a web based software system that allows for an electronic database to be viewed and edited by authorized County personnel. The software system (System), at a minimum, shall provide information as to specific RFID data and associated information for all products and services purchased as a result of this contract. The System must be capable of including each cart container's RFID tag, container size, container type, and assignment address. The System should be capable of exporting County data in a flat file upon request. Additionally, the System should be capable of reporting and allowing for data to be extracted into Microsoft Excel or other similar type of application. c) RFID tag inlay must be passive Gen 2 UHF tag and have an optimal operating frequency of 860-960 MHz and have an operating temperature of -40°F to +149°F. The dry inlay must meet ISO/IEC 18000-6C and EPC global C1G2 protocol. Page 29 of 39 Rev. 6/21/2016 Page 464 of 701 Miami-Dade County,FL RFP No.00254 d) RFID tag used in manufacturing must have been tested and certified with an IP67 rating. The testing certification requirements consist of(1) 1 mm Probe per EN 60529, (2) Dust circulation per EN 60529 and(3) Temporary Immersion per EN 60529. e) RFID tag must be encoded and verified at the manufacturing facility to ensure that it is working properly prior to shipment. 2.12 RFID TAG READER DEVICE - MINIMUM REQUIREMENTS The Contractor must supply and maintain hand-held RFID tag readers which are compatible with the RFID tags installed in the carts as specified above. The County prefers that this reader also read existing Bar Codes. The readers should be reasonably lightweight, user-friendly, possess extended battery life, and be ruggedized and capable of operating via a choice of connection options (cellular service or Wi-Fi). The readers must be capable of a wired download as a back- up solution should there be a network problem and retain all data until the network is available. The Contractor shall supply all required accessories to operate the reader devices in the field. This shall include but not be limited to a wall charger, car charger, and a case or holster as appropriate to the design of the reader. The reader device, must include at minimum, a one (1) year warranty. In addition, options for extended warranties to include pricing should be made available by the Contractor. Defective units will be returned to the Contractor for replacement within 30 days. The Contractor shall replace the returned item within ten (10) business days from the date of receipt of the defective reader. The Contractor must include appropriate training materials and live training courses(hard copy, electronic copy, web-based, power point. etc. as appropriate) for County users at no additional cost. 2.13 CART SPARE PARTS The Contractor shall make available for purchase: new, andlor post-consumer recycled parts compatible with the carts purchased by the County under this contract. All parts supplied will meet ANSI Standards and manufacturer's specifications and standards for parts currently being distributed on new 35, 64165, and 95196 gallon waste carts and recycling carts specified in Section 2.2. Cart Specifications. Original spare parts shall be throughout the ten(10)year warranty period of each cart. 2.14 CART TRAINING COURSE The Contractor shall provide the County with a one-time training course which will cover detailed cart assembly and repairs within 30 days from the: 1)initial purchase order or, 2) purchase orders of new types of cartslbins. This course must be provided in real-time with an opportunity for questions and answers but may take place virtually. This course will be at no cost to the County. 2.15 RECYCLING BIN SPECIFICATIONS All recycling bins shall meet, at a minimum, American National Standards Institute (ANSI) cart standards Z-245.30-1996 and Z-245.60-1996, or latest ANSI update, or equivalent. All applicable rules, regulations, laws and standards pertaining to this product must be adhered to. The following specifications supersede the standards listed above where applicable: a) The bin shall be made from high density •polyethylene containing a minimum of twenty (20%) post-consumer recycled plastic. b) The bin material shall contain ultra violet stabilizers and be resistant to fading or breakage due to the exposure of sunlight. An ultraviolet inhibitor shall be added at a minimum of 2% Page 30 of 39 Rev. 6/21/2016 Page 465 of 701 Miami-Dade County,FL RFP No.00254 by weight, or technological equivalent, thus ensuring maximum protection from the elements. Warranties shall guarantee the ultraviolet effectiveness and sun exposure causing deterioration or shattering of the carts/bins or lids will be cause for replacement by the Contractor on the grounds of improper use of inhibitor. c) The bin shall be new, unused and clean. d) The bin shall have capacity of approximately eighteen (18) gallons, weigh a minimum of five (5) lbs. empty, and shall be capable of supporting seventy (70) pounds. e) The bins shall be rectangular in shape with solid sides as opposed to open grid sides. f) The bin material shall have no sharp edges. g) The bin drainage design must allow the retention of small amounts of liquid spillage while allowing for drainage of precipitation. h) The bin shall have a nesting ratio of greater than or equal to 3.5 to 1 to allow for economical storage for containers. i) The County's logo and additional program information shall be inscribed or hot Stamped in white color on the front of the bin. Decal stickers or surface paint are not acceptable. The logo shall be a 4 Y2" H x 9"W rectangle. j) Recycled Content Symbol: To comply with Florida State Law relating to identification of recyclable plastic materials, the recycling symbol and a number indicating the type of plastic used shall be embossed on the carts. The marking shall be at least 3" x 3" or compliant with current regulations, and shall meet Society of Plastic Industry (SPI) voluntary coding system. 2.16 COLOR CHOICE(S) FOR CARTSIRECYCLING BINS The Contractor must provide color catalogs of all possible color options to include standard and special order. Up to eight (8) sample swatches of colors may be requested at no cost to the County. The County reserves the right to change the color of the cart and/or lid at a later date, and reserves the right to order multiple colors as necessary. Color shall be ultraviolet light stabilized to reduce fading during normal use. The color shall be non-fading throughout the warranty period. 2.17 DELIVERY OF CARTS/ RECYCLING BINS The Contractor shall make deliveries of waste carts, recycling carts, cart parts and bins to the County within 45 calendar days after the date of the purchase order. In cases where the delivery and availability will be delayed, the Contractor shall notify the County within 48 hours from the date of the purchase order: if the-County approves, a revised delivery schedule may be established. The Contractor shall furnish the following per order at the time of order delivery, at no cost to the County: a) Ten (10) instruction manuals for each cart/recycling bin size or type. b) One (1) digital instruction manual for each cart/recycling bin size or type. c) Ten (10) copies of the Safety Data Sheet (SDS) or Materials Safety Data Sheet (MSDS) for the materials used in the manufacturing of each cart/recycling bin size or type. d) One (1) digital copy of the Safety Data Sheet (SDS) or Materials Safety Data Sheet (MSDS) for the materials used for the manufacturing of each cart/recycling bin. 2.18 PACKING SLIPIDELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The Contractor shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this contract. The packing slip shall be included with the product and shall be made available to the County authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: Page 31 of 39 Rev. 6/21/2016 Page 466 of 701 Miami-Dade County,FL RFP No.00254 a) purchase order number b) date of order c) a complete listing of items being delivered d) range of serial numbers of carts being delivered, and e) back-ordered quantities and estimated delivery of backorders, if applicable. 2.19 CARTIRECYCLING BIN WARRANTY REQUIREMENTS 2.19.1 Cart Warranty The Contractor shall fully guarantee the performance of the carts and warrant carts against defects in materials and workmanship for a minimum of ten (10) years on all carts after the date of acceptance of the product. Warrantable carts delivered by the Contractor that fail within the warranty period shall be replaced and warranted for the remainder of the warranty period. For purposes of this section, a cart shall be defined as a complete unit, including a full lid assembly, all hot stamping, all in-mold labels, all embossing,wheel assembly, hardware, serial numbers/bar codes, and all other components (as applicable). During the warranty period, the awarded Proposer shall replace defective carts/ parts at no additional cost to the County, including transportation and handling. The warranty term will survive the contract term. 2.19.2 Recycling Bin Warranty The contractor shall fully guarantee the performance of the recycling bins and warrant bins against defects in materials and workmanship for a minimum of five (5)years on all bins after the date of acceptance of the product. Warrantable bins delivered by the Contractor that fail within the warranty period shall be replaced and warranted for the remainder of the warranty period. For purposes of this section, a bin shall be defined as a complete unit, including all hot stamping, all in-mold labels, all embossing, hardware, serial numbers/bar codes, and all other components (as applicable). During the warranty period, the Contractor proposer shall replace defective bins/parts at no additional cost to the County, including transportation and handling. The warranty term will survive the contract term. Examples of defects in materials and workmanship shall include, but are not be limited to: a) Failure of the lid to prevent rainwater from entering the cart when in the closed position. b) Damage to the cart body, lid or any component parts through opening or closing the lid. c) Failure of the lower lift bar from damage during interface with standard ANSI approved ............... lifting devices. d) Failure of the body and lid to maintain their original shape. e) Damage or cracking of the cart body through normal operating conditions. f) Failure of the wheels to provide continuous easy mobility as originally designed. g) Failure of any part to conform to standards as specified herein. h) Failure of ultraviolet effectiveness resultant of sun exposure causing deterioration or shattering of the carts or lids will be cause for replacement by the Contractor on the grounds of improper use of inhibitor. i) Failure of barcode/RFID tag to be read by the appropriate device. 2.19.3 Replacement Any cart/recycling bin or component parts that does not conform to the technical requirements, as deemed by the County, or that fails by reason of inadequate or improper materials, defective workmanship, insufficient resistance to weathering or for any other cause whatsoever other than negligence or abuse shall be replaced within forty-five (45) calendar days from notice to the Contractor, at no cost to the County. Page 32 of 39 Rev. 6/21/2016 Page 467 of 701 i Miami-Dade County,FL RFP No.00254 2.19.4 Cart Replacement Parts The Contractor shall provide to the County all cart components for use as replacement parts of defective and unserviceable carts still under warranty, at no cost to the Agency. Replacement parts shall be the same or superior in quality and performance as the original equipment manufactured parts. In the event that the Contractor is unable to provide the County with any replacement part for a period longer than forty-five (45) calendar days, the Contractor shall be liable for providing new replacement carts. For each unavailable cart part requested by the County, the Contractor's maximum liability shall not exceed the cost of a new, replacement cart delivered to the County. The specialized tool sets required for cart repairs shall be replaced at no cost to the County, as requested by the County. The County shall not seek warranty replacement to exceed twenty-five (25)sets of specialized tools per contract period. 2.19.5 Responsibility for damage or loss The Contractor shall not be responsible for damage or loss of carts/bins due to vandalism, abuse, neglect, theft or acts of nature subsequent to delivery and acceptance by the County. To the extent that the cart/recycling bin conforms to the contract requirements, the Contractor shall not be responsible for damage or loss due to fire. 2.19.6 Claim Procedures The County may remove a cart/recycling bin from residential service for repair or replacement at any time, regardless of the cause of defective performance. For carts/ recycling bins that are subject to a warranty claim (Warrantable Carts/Recycling Bins), but repairable, the County may elect to install replacement parts such as wheels, grab bars and lids. This action will in no way waive the warranty requirement of the carts/recycling bins. All carts that are identified as not repairable, as determined by the County, and are warrantable Carts/Recycling Bins, shall be replaced as discussed in section 2.19.3. In the event that a Warrantable cart/recycling bin or component part is identified by the County as requiring complete replacement, then the County shall retain the warrantable cart/recycling bin or component part and promptly notify the Contractor in writing of its warranty claim. Within forty- five (45) calendar days of this notification, the Contractor shall honor the warranty claim by delivering a replacement cart to the County. If the Contractor contests the warranty claim, notice must be submitted in writing to the County's contract manager within fourteen (14) calendar days. In the case of a contested claim, resolution must be reached 60 days after the initial claim was filed. The Contractor may visually inspect the warrantable cart/recycling bin or component part during the forty-five (45) calendar day post-notification period. The Contractor may, upon its inspection of damaged carts/bins/parts, challenge its obligation to replace subject carts/bins/parts on the basis that the failure resulted from either negligent handling and/or abusive use. The burden of proof when contesting warranty claims shall be placed solely on the Contractor. Such proof shall be in writing with specific details as to the exact cause of the defect. The County will consider the details of the Contractor's contested item. In the event of a contested warranty claim, the County and the Contractor shall use their best efforts to mutually resolve the disagreement. In the event that the County and the Contractor cannot resolve their disagreement within forty five(45)calendar days, the County's determination shall be final. Page 33 of 39 Rev. 6/21/2016 Page 468 of 701 Miami-Dade County,FL RFP No.00254 2.20 PRODUCT RETURNS The County may elect to return to the Contractor any unused item within sixty(60) business days of receipt and acceptance of that item by the County if the item is determined to be defective by the County. Items will be returned with all original documentation. The Contractor must supply a pre-authorized return receipt for returned items upon request. All return costs for defective items returned pursuant to this section will be borne by the Contractor. 2.21 CARTIRECYCLING BIN BUY BACK PROGRAM The Contractor, at its sole discretion, may participate in the County's competitive bidding process to purchase the County's non-warrantable cart/recycling bins, when the County offers such for sale, The terms and conditions of the County issued competitive solicitation shall govern that process and subsequent sale agreement. 2.22 REQUIRED ASSET MANAGEMENT SOLUTION TO INCLUDE SOFTWARE AND HARDWARE Waste and recycling carts shall be provided with automated software capable of inventory management up to and including final disposition,work order processing, and reporting.The data within the software shall be made available to the County no later than seven days from a written request, in all available formats,throughout the term of the contract and any extensions or renewal periods exercised. Appropriate training materials and live training courses (hard copy, electronic copy, web-based, power point or additional formats) must be provided to County at no cost. The Contractor's software shall at a minimum perform the functions listed below. 2.22.1 Software: Asset Management Program and Work Order Solution The software shall: a) Be offered as a web based, hosted solution by the Selected Proposer and not require any additional installation on end user equipment; only a browser and internet connection are needed for access. b) Provide users access availability twenty-four(24) hours per day, seven (7) days a week, 365 days per year. c) Include technical support at no additional cost from 7am to bpm, Eastern Standard Time, Monday through Friday. d) Ability to customize tiered levels of role-based security permissions where technicians and ......... management have different permissions based on their respective roles. e) Provide inventory management capabilities to include progress tracking of container shipments. f) Transmit in real time service requests, modified service requests, replacement requests and repair work orders. g) Allow the user to scan bar codes and/or RFID tags to identify and track each cart/recycling bin associated with a specific customer address that is located/maintained in the County's current Waste Collection System (WCS). h) Maintain the database for the purpose of identifying and managing carts inventory with all appropriate fields, including but not limited to: a unique cart serial number(corresponding to the bar code), cart size, cart color, purchase order no., delivery date and other cart- related features/data as needed, including condition (i.e., good, poor, return for warranty repairlreplace). i) Have the capability to add newly delivered carts (and their various characteristics)coming from the Contractor to the inventory (database) via scanning of the bar code with a handheld device at the time of delivery (e.g., as a load is delivered, staff scans each cart Page 34 of 39 Rev. 6/21/2016 Page 469 of 701 Miami-Dade County,FL RFP No.00254 delivered, confirms agreement with de live rylpacking list); all such additions to be identifiable by date and time-stamp and user performing the scan will be included in the database. j) Provide the capability of adding information regarding carts to be shipped to the system. This information must remain in a pending file until the agency "releases" each cart into regular status upon verification that the actual shipment matches the file listing. k) Provide the capability to add existing (non-barcoded or non-RFID) carts to the inventory (database) via placement of retrofit compatible bar codes on the carts and subsequent scanning of the bar code accompanied by appropriate data entry); all such additions to be identifiable by date & time-stamp and user performing the scan. 1) Provide ability to automatically deduct carts from inventory based on work orders (involving delivery of a new cart, refer to Work Order processing below) and/or major distributions. m) Provide ability to pre-program and send "alerts" to designated staff when existing inventories (by class, color, size, etc.) reach a pre-defined low point, reminding them to re-order. Inventory markers must have the ability to set a minimum level, maximum level, re-order point, and lead time. The re-order point should automatically alert the appropriate individual to begin the order process. n) Provide standard software upgrades/updates at no additional cost to the County throughout the contract period. 2.22.2 Miami-Dade County Interface Requirements The Contractor shall configure and develop the following interfaces for the County: a) An interface capable of accepting service requests from other defined systems (e.g., WCS, 311, Route Smart, etc.) via a standard format API (Application Programming Interface) and also permit manual entry of service requests as needed. b) An interface that is able to accept work orders/service requests for service work related to carts, (e.g., repairs, replacements, new distribution to new accounts, etc.) from the WCS, preferably in real time using web services. c) The required fields will include but will not be limited to: address, (waste)account number, garbage route number, type of cart (garbage or recycling), cart size (in gallons), and cart barcode number(if available)date and time of service request and specific type of request (e:g. repair, replacement,etc.) by numeric request code: d) An interface capable of receiving service requests from a routing application via a standard routing interface (e.g. CSV, comma delimited text, web services, DB scripts, access or ESRI shape file). e) An interface capable of allowing for all results of work order requests to be "returned" to other systems (e.g., WCS, 311, etc.)via a Standard format API (Application Programming Interface). f) An interface that is be able to return information regarding the status of work orders/service requests to the WCS, again preferably in real time using web services. g) The required fields will include but will not be limited to: address, (waste) account number, garbage route number, a description of the resolution/completion by type (e.g., repair, replacement, etc.) by numeric code, type of cart (garbage or recycling), cart size (in gallons), and cart barcode number (of replacement unit if applicable) and the date and time of the request completion. h) An interface capable of work order processing and provide for the geographical grouping of repair requests to the various County repair crews (into the zones or groups of garbage routes which a given cart crew will service). Page 35 of 39 Rev. 6/21/2016 Page 470 of 701 Miami-Dade County,FL RFP No.00254 i) An interface capable of providing data in a file format of the service requests that will be suitable for possible future use with a routing software. j) An interface that provides each zone's or cart crew's daily list of addresses to be serviced, available to the specific handheld device of that crew. k) Provide a highly intuitive and easy user interface that will, via a customizable drop-down list, allow the cart crewluser to select the action(s) taken to "close" the service request (e.g., repair broken wheel, replace lid, etc.) inclusive of scanning the cart to be delivered; the software should prevent"closing" without a successful scan of new cart delivered and will remind the user to bar code or RFID, and scan the cart being removed and add relevant data to the inventory database (if applicable). I) An interface that allows for input related to requests that could not be "closed" for any number of reasons (primarily"no cart left out for servicing"), which will be segregated for appropriate re-processing with the next day's requests; the software will enable the "closing" of a second visit regardless of the visit outcome. 2.22.3 Data Reporting Tool Requirements a) Proposed solution will provide the ability to generate reports including pre- programmedlautomatically generated (and emailed) reports on a daily, weekly or monthly basis. b) Proposed solution will be capable of producing reports on a customized ad hoc basis. c) Proposed solution will provide capability to provide reports in various file formats for export to include at least PDF, Excel and Text File. d) Proposed solution will have the ability to provide a dashboard style of data presentation in real time for both inventory and work order data sets. 2.22.4 Interim Processing Due to the fact that a new Waste Collection System (WCS) is currently in development, and may not be completed and implemented in advance of the delivery of the proposed interface solution, it may be necessary for the proposed interface solution to provide temporary means of exchanging data via batch processing with the current Mainframe WCS, presumably via uploads of file extracts (of service request data) from the WCS with downloads (of service completion data) from the proposed interface solution being returned to the WCS. 2.22.5 Technical Support .. .......For the.term of..this Agreement, Contractor shall provide telephone support in the following ... ..... manner: Queries for specific technical problems and failures are possible at any time. For this purpose, the County will generally leave a message indicating the exact problem description and a classification in the following priority and error levels: i. Level A: System does not work. ii. Level B: System works with limited functions. iii. Level C: System basically working. Just errors/problems with specific functions. Contractor ensures the following response times(via phone or e-mail)to the County: i. Level A: Response within the two hours of notification (Monday- Friday, 7 a.m. until 6 p.m. eastern standard time). ii. Level B: Response within twenty-four hours or less(Monday- Friday, 7 a.m, until 6 p.m. eastern standard time). iii. Level C: Response within the next working(Monday- Friday, 7 a.m. until 6 p.m, eastern standard time). 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(0 O a O_ C Z ; (a cn Z (n v N d °6 Q E o O W CL (D N pL = ` 'Z m U to ❑: ,V N U Y v to = W O (D c (D C (D W ` � r C N Z 0 C (D ° r O � '� L (0 `C,6 a) L O N O a) = LL o D (0 (� C a) c� 0 c 0 C 0 0 L i () p .2 C C b V � -6 V 'Q � am ocn ami a d ,� C7 > > W v o a E ❑ o o v, o O o Z � W ; ° a) ass �' c � R R o � E � � � � � H � ❑ � �_ LLcn Q a. ro v ax) °) O_ c -0 ° ml t= om � rnc`no (m a) o cu 3 (D p c m » O " 0 v L L O tl�Y (YU ° o. m o UU ma- 0 32 o dmcoc*> (� cnL 2 3 Page 472 of 701 Order Acknowledgement Order : 230981 SO TO M'1 anv Date: 9117!2020 SINCE 1919 Sold To: 204923 — Customer e: CITY OF BOYNTON BEACH Freight Terms: AGREED BILLABLE BY Billing Address: 222 NE 9TH AVE TRUCKLOAD BOYNTON BEACH FL 33435-3140 Purchase Order#: FORTHCOMING Phone: Email Inv to: Greco-ArencibiaA bbfl. us Pay m ent Terms . Net 30 Days Aftn: Special Instructions: Ship To: 204923 Company e: CITY OF BOYNTON SEAL Shipping Aress: ADRIANNA GRECO-ARE CIBIA 222 NE 9TH AMIE BOY TON BEACH FL 33435-3140 Phone: Attn: Quantity Cust.SKU Prom Delivery Part# Description Unit Price Total 702 1018120 439814 95G EG ROC TEAL 54.3000 38,118.60 324 1018120 521851 65G NS RECYCLE ROC TEAL 49.3200 15,979.68 351 1018120 439814 95G EG ROC TEAL 54.3000 19,059.30 This acknowledgement is to confirm that your order has been received and processed. Sub Total: 73,157.58 Delivery dates and freight rates are estimated and are subject to change. Rehrig Pacific Freight: 3,030.00 will advise you of any changes to your order status as soon as these are known. Please Tax: notify of any changes to avoid a restocking fee. Total: USD 76,187.58 Thank you for your partnership. RPC ORLANDO.,7452 PRESIDENTS DR , ORLANDO , FL 32809 Page 473 of 701 aQo 0 0 0 R 0 0 0 0 0 0 :ROC) co (-4 00 00 LO 0 m 0 'T 00 "I. 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U 0 0 ai tf aj CC U o IN I- L) L) - (1) - 0 L) .2 .2 E L) 0 0 '0 '0 '0 '0 '0 C) E a 0 0 m M CL a) 0 0 0 U) CL -i -i -1 0 0 E E o .2 E 0 N m m m > Z a Z " " C) C) C) 0 r 2 2 -rn U-) CO 0 2 (1) 0 0 LL LL I C E L) 0 E 0 0 x x LL LL LL M M fL Z-5 r C4 M .4 N m Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 16 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Contract Pricing remains the same pursuant to the attached Appendix B, Payment Schedule for Miami- Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated January 2, 2020. All terms, covenants and conditions of the original Contract and any supplemental agreements issued theretoshall remain in full force and effect,except to the extent herein specifically amended. 1 Page 479 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 15 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Contract Pricing remains the same pursuant to the attached Appendix B, Payment Schedule for Miami- Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated October 01 , 2019. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 480 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 14 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Contract Pricing remains the same pursuant to the attached Appendix B, Payment Schedule for Miami- Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated July 01 , 2019. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 481 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 13 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Contract Pricing remains the same pursuant to the attached Appendix B, Payment Schedule for Miami- Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated April 01 , 2019. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 482 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 12 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the decrease of - $0.06, which includes a Non-Market Price Adjustment and the decrease in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated January 01 , 2019. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 483 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 11 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Dakota Thompson Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.03, which includes a Non-Market Price Adjustment and the decrease in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated October 1, 2018. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 484 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 10 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to no change in resin per pound price, Contract Pricing remains the same, see Appendix B, Payment Schedule for Miami-Dade County, and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated July 1, 2018. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 485 of 701 Miami-Dade County Amendment No. 9 Contract No. RFP00254 AMENDMENT NO. 9 TO: Miami-Dade County, Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This notice is issued for informational purposes only. Rehrig Pacific Company has made available a container buy back credit program to U.S. Communities' members. This program was not part of the subject contract's competitive process. Members should follow their policies and procedures when accessing this program. Rehrig will buyback scrap containers less freight costs at the established per pound rates below. Credits to be issued to customer Container Buy Back Credit returning containers.Truckload volume preferred to maximize payout. HDPE (Rehrig, Otto, Cascade and Schaefer) RGO01 H n/a C're am: $0.;18 per a�iundle s fro�ght" No credits will be issued for warrantied containers LDPE (Toter) RG001 L n/a Gredit OQ2a per p00h,d less froight Other Scrap (miscellaneous Credit$O.UQ per oun less freight an returns) RG001 O n/a dlsUaI feed All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. Page 486 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 8 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.04, which includes a Non-Market Price Adjustment and the decrease in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated April 1, 2018. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 487 of 701 Miami-Dade County Contract No. RFP00254 AMENDMENT NO. 7 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.02 in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated January 1, 2018. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 488 of 701 Miami-Dade County Amendment No. 6 Contract No. RFP00254 AMENDMENT NO. 6 TO: Miami-Dade County, Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This notice is issued for informational purposes only. Rehrig Pacific Company has made available their % yard and 1 yard size commercial containers to U.S. Communities' members. However, these Carts were not part of the subject contract's competitive process, and Miami-Dade County does not purchase these carts. Members should follow their policies and procedures when accessing non- competed items. Commercial Containers, Jul 2017 Jul 2017 Jul 2017 Plastic Pricing includes Part# Wght Price for Price for Price for #of Units in plastic lid 1-20 21-50 51+ Truckload 3/4 Yard Sem-Automated CC-3/4YAuto 64.5 $620.00 $620.00 $620.00 170 1 Yard Convertible 170 Container CC-1YConv 78 $655.00 $655.00 $655.00 All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. Page 489 of 701 Miami-Dade County Amendment No. 5 Contract No. RFP00254 AMENDMENT NO. 5 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.05 in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated October 1, 2017. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 490 of 701 Miami-Dade County Amendment No. 4 Contract No. RFP00254 AMENDMENT NO. 4 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This notice is issued for informational purposes only. Rehrig Pacific Company has made available their 95 gallon Bear Cart (Part #ROC- 95Bear) to U.S. Communities' members. However, this Bear Cart was not part of the subject contract's competitive process, and Miami-Dade County does not purchase this item. Members should follow their policies and procedures when accessing non- competed items. Residential Carts for Recycling,Waste, Part Number Part Unit Price Unit Price and Organics/Yard Waste Collection Wght 112-314 315+ 95 Gallon Bear Cart ROC-95Bear 37 $ 275.00 $ 220.00 All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 491 of 701 Miami-Dade County Amendment No. 3 Contract No. RFP00254 AMENDMENT NO. 3 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Jesus Lee Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the decrease of $0.03 in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated July 1, 2017. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 492 of 701 Miami-Dade County Amendment No. 2 Contract No. RFP00254 AMENDMENT NO. 2 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Phillip Ford Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.08 in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated April 1, 2017. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 493 of 701 Miami-Dade County Amendment No. 1 Contract No. RFP00254 AMENDMENT NO. 1 TO: Miami-Dade County Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Phillip Ford Procurement Contracting Officer Contract Number: RFP00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment is and does become a part of the above referenced contract. This Amendment is issued to modify Contract No. RFP00254 as follows: In accordance with Article 8. PRICING of the subject contract, the quarterly price adjustment for carts and recycling bins shall be revised as a result of increases or decreases in resin per pound in accordance with the change in HDPE Resin for Large Buyer Contract Prices for Medium Quality Injection Molding as documented by the Chemical Data Monthly Petrochemical & Plastics Analysis Report. Due to the increase of $0.09 in resin per pound, Contract Pricing is modified pursuant to the attached Appendix B, Payment Schedule for Miami-Dade County and Appendix C, U.S. Communities National Pricing Schedule for Participating Public Agencies, dated January 1, 2017. All terms, covenants and conditions of the original Contract and any supplemental agreements issued thereto shall remain in full force and effect, except to the extent herein specifically amended. 1 Page 494 of 701 7.F. CONSENT BIDS AND PURCHASES OVER$100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approve the bid award (ITB-RM-20-68) issued by the Town of Davie as Lead Agency for Southeast Agency Florida Governmental Purchasing Cooperative Group for Fertilizer. The City of Boynton Beach was a participating agency in this bid solicitation. Explanation of Request: CONTRACT TERM: July 29 2020 to July 28 2023 The City of Boynton Beach participates in the SE Florida Governmental Purchasing Cooperative Group to secure goods and services at competitive pricing due to the quantities required for multiple municipalities. The Town of Davie solicited sealed bids for fertilizers and awarded: Harrell's LLC; Helena Agri-Enterprises, LLC; SiteOne Landscape Supply, LLC and Sunniland Corporation as the lowest responsive and responsible bidders for the supply of fertilizer in accordance with unit prices identified in "Attachment A" pricing. This is a three year bid award with the option to renew for two (2) one-year terms. How will this affect city programs or services? Fertilizer is mandatory for the Links Golf Course to maintain the health of the greens tees, and grounds. Parks and Grounds also uses this Co-op bid in the maintenance of various parks throughout the City. Fiscal Impact: Budgeted Anticipated budgeted expenditures: Golf: 411-2911-572-52-19- $50,000. Parks: 001-2730-572-46-98- $6,500. Alternatives: The City of Boynton Beach could issue their own bid but would likely receive higher pricing. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No Grant Amount: Page 495 of 701 ATTACHMENTS: Type Description D Addendum Bid back-up for Co-op Fertilizer Bid D Addendum 2020-fertilizer-pricing-contract-award-distribution D Addendum US Communities pricing - Miami Bid Page 496 of 701 999C6ZO-LL :N133 woo-1j6eeuGjGq@wa/jj.:SsalPPV PLU3 J@&d/118D :xej mc-L Z9 (zgc) :auoqd gAi-A p[" ::PeluOD 99Z 4-9NCC -IJ '40 9PBG 89L L X09 '0 'd :SS,9JPPV JOPuaA Auedwoo 1801wsqO BUSIGH VNV 0-11 'sasijdjgIU3-!J6V eUG19H :aweN JOPuDA auvmv HoaN3A 0 rl- 4-- :N13J :aj!sq@jiA 0 Z90969L-6z rl- 0') woo-sileneq@oPesoll :ssaippv Jima 6909-9 L91,96 JaSed/HaD 0) tLLZ-L99-C98 :OuOqd opeso}j Uelspi .:PeluOD 968££ -1A 'PuB19MBI ABmqb'H edwej. m9N 90L9 :ssaJPPV JOPuaA 01-1 S.11D3JEH :"IN JOPu9A (3HVMV M0QN3A U N01133S :ajeCj Pu3 :ale(]liels 'ON IE!fAaua)J :91e(I Pu3 :ale(]:Pels 'ON lEmBuDU 9zoz18zlLo :ale(]Pu3 VZOZ/6Z/L0 :ale(]:Pels z 'ON [Em@uDU VZOZIeZILO :01EG Pu3 CZOZ/6Z/LO :ajeG:Wejs L 'ON lemauall (awl-LIO POIJ@d) (Slem@UD'd JO'ON) JO}suoi gdo lemauad z :PeJluOD 94110 SwJai lemDu@d CZOZ/gZ/LO ;ajec]pu� OZOZ/6Z/LO qjeo:wejs wialloeiluoo leplul JazigpeA :@jj!j/uoijdij:)sa(] 99-oz-MI-811 ON dJU/010 Z dO I 39Vd -aOedpeiluo:)DAllejadoo:)allsqamli3SdE)lNaqluoluawa:)eldJo}A6-- �5BPUu i6j- buo! 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Bulk Non-Bulk P.cke in Bulk Non-Bulk Pack.in Bulk Non-Bulk Pack.in Bulk Non-Bulk P.cka in $026 $026 NO BID NO BID $021 $021 50 LB. $0.1875 NO BID 40x 50LB BAGS 1 6-2-0 Milar anile LBS. 50 LB BAG $032 NO BID $027 $027 $033 $033 50 LB. $0281 NO BID 40x 50LB BAGS 2 24-2-11 LBS. 50 LB BAG 50 LB BAG $035 NO BID $030 $030 $030 $030 50 LB. $0315 NO BID 40x 50LB BAGS 3 15-2-15 LBS. 50 LB BAG 50 LB BAG NO BID NO BID $029 $029 $030 $030 50 LB_ $030 NO BID 40x 50LB BAGS 4.15 0 15 LBS. 50 LB BAG $024 $024 $0.18 $0.18 $024 $024 50 LB. $022 NO BID 40x 50LB BAGS 5 21-0-0 LBS. 50 LB BAG 50 LB BAG $019 $019 $024 $024 $023 $023 50 LB. $019 NO BID 40x 50LB BAGS 6 21-0-0 r ratle LBS. 50 LB BAG 50 LB BAG $042 NO BID $018 $018 $048 $048 50 LB_ $0438 NO BID 40x 50LB BAGS 7 Granular Sulfate of PD,sh 0-0-50-17s LBS. 50 LB BAG 50 LB BAG $027 $027 $022 $022 $072 $072 50 LB. $0271 NO BID 40x 50LB BAGS 8 0-0-21 LBS. 50 LB BAG 50 LB BAG $030 $030 $028 $028 $032 $032 50 LB. $0338 NO BID 40x 50LB BAGS 9 0-0-21 r ratle LBS. 50 LB BAG 50 LB BAG $920 N/A 25 GAL NO BID NO BID $780 $636 55 55GAL(Bulk) NO BID NO BID AL(IJm- 10 Li_Micranutnent Sal S-1 GALS ulk) $038 NO BID $032 $032 $032 $032 50 LB. $0364 NO BID 40x 50LB BAGS 11 133-13 LBS_ 50 LB BAG 50 LB BAG $0425 $0425 $035 $035 $054 $054 50 LB. $0375 NO BID 40x 50LB BAGS 12 8-2-12 LBS. 50 LB BAG 1 50 LB BAG 13 Techmanam LBS. 064 064 50 LB BAG $052 $Q 52 052052 50 LB BAG 070 070 50 LB. NO BID NO BID $0325 NO BID $025 $025 $032 $032 SO LB_ $027 $027 40x 50LB BAGS 14 20-2-10 LBS. 50 LB BAG 50 LB BAG $0345 NO BID $028 $028 $038 $038 50 LB. $0348 NO BID 40x 50LB BAGS 15 9-2-24 LBS. 50 LB BAG 50 LB BAG $0335 NO BID $028 $028 $040 $040 50 LB. $0338 NO BID 40x 50LB BAGS i6 15-0-22 LBS. 50 LB BAG 50 LB BAG $029 NO BID $025 $025 NO BID NO BID $0235 NO BID 40x 50LB BAGS 17 i6-2-8 LBS. 50 LB BAG 50 LB BAG $0787 NO BID $026 $026 $030 $030 50 LB_ $0253 NO BID 40x 50LB BAGS 18 18-24-12 LBS. 50 LB BAG 50 LB BAG 19 20-20-20 LBS. $088 $088 25 LB BAG NO BID NO BID NO BID NO BID NO BID NO BID 20 14-14-14 LBS $0775 $0775 50 LB BAG $027 .$027 50 LB BAG $043 $043 40 LB_ NO BID NO BID 21 19-0-19 WITH PRE-M LBS. NO BID NO BID NO BID NO BID 054 054 50 LB. NO BID NO BID $0395 $0395 $034 $034 $040 $040 50 LB. $0368 NO BID 40x 50LB BAGS 22 24-2-11 Talstar 0 069 Plus LBS. 50 LB BAG 50 LB BAG $0382 NO BID $029 $029 $045 $045 50 LB. $0338 NO BID 40.50LB BAGS 23 24-2-11 Talstar ranular insecticid. LBS_ 50 LB BAG 50 LB BAG NO BID NO BID $029 $029 $048 $048 50 LB. $030 NO BID 40.50LB BAGS 24 22-2-11 Atrazine 1.05 Plus LBS. 50 LB BAG 25 Hihm,nan,s,combo chelated m,,rm,t,,,nts GALS NO BID NO BID NO BID NO BID NO BID 840 25 GAL NO BID NO BID $0386 NO BID $032 $032 $092 $092 50 LB. $0374 NO BID 40.50LB BAGS 26 13-2-13 LBS. 50 LB BAG 50 LB BAG $0334 NO BID $028 $028 $076 $076 SO LB. $0331 NO BID 40x 50LB BAGS 27 14-2-14 L85. 50 LB BAG 50 LB BAG $069 NO BID $037 $037 NO BID NO BID $055 NO BID 40.50LB BAGS 28 14-2-14 r ratle LBS. 50 LB BAG 50 LB BAG $0328 NO BID $023 $023 $034 $034 50 LB. $030 NO BID 40.50LB BAGS 29 24-0-11 LBS. 50 LB BAG 50 LB BAG 30 Su erThrive GALS NO BID NO BID NO BID NO BID NO BID $14789 1 GAL NO BID NO BID $0825 NO BID $073 $073 $095 $095 50 LB. $0875 NO BID 40.50LB BAGS 31 21-2-11 with 1 00%Ranstar LBS_ 50 LB BAG 50 LB BAG 322107 LBS_ NO BID NO BID $030 $030 50 LB BAG $046 $046 50 LB. $0274 NO BID 50 LB BAG 33 Fl.r.tin2 Tur er LBS_ NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 34 Fl.r.tine Per4Ma.Gallons LBS_ NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 35 Gater E.cel Iran Plus LBS 11 20 11 20 25 GAL BOTTLE NO BID NO BID 880 880 25 GAL NO BID NO BID 36 Gate,Perferm SRN 18 0 LBS_ $1540 $1540 2 150 5 GAL NO BID NO BID $1 $1150 25 GAL NO BID NO BID 37 L.sce 4-4-5 Ch.1-d Iran Plus LBS_ NO BID NO BID NO BID NO BID 2760 2760 25 GAL NO BE NO BID 38 T.-Mm T—B LBS. NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 39 Mirimichi Green Carboni,PN Soil Enhancer LBS. 0425 0425 40 LB BAG NO BID NO BID 040040 40 LB. NO BID NO BID 40 Mirimichi Green 9-0-1 C LBS. NO BID NO BID NO BID NO BID $6800 $6800 25 GAL NO BID NO BID 41 Mirimichi Green Nutri-KA 1-1-4 LBS. NO BID NO BID NO BID NO BID 5400 5400 25 GAL NO BID NO BID 42 20 0 0 LBS_ $0339 NO BID 50 LB BAG $027 $027 50 LB BAG $035 $035 50 LB. $0322 NO BID 50 LB BAG 43 15 0 0 LBS_ NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 44007 LBS_ NO BID NO BID NO BID NO BID $032 $032 50 LB. NO BID NO BID 45313-1 LBS_ 035 NO BID 50 LB BAG 025 025 50 LB BAG NO BID NO BID NO BID NO BID 46 Prosecutor GALS NO BID NO BID $1300 $1300 2.25 GAL $1520 $1520 25 GAL NO BID NO BID 47 Nenienic Surfactant 90/10 GALS NO BID NO BID1150 1150 4.1 GAL 1400 1400 25 GAL NO BID NO BID 4801x.02 LBS_ $125 $125 30 LB $125 $125 30 LB BAG $130 $130 30 LB. NO BID NO BID 49 Neutral Thrive 18-6-12 LBS. 068 068 50 LB NO BID NO BID NO BID NO BID NO BID NO BID 50 23 0 23 LBS_ NO BID NO BID $030 $030 50 LB BAG $1 12 $1 12 25 LB. NO BID NO BID 51 12-0-0 GALS. 1120 1120 25 GAL NO BID NO BID IS 80 IS 80 25 GAL NO BID NO BID 52 i6-1-2 re s ratle LBS. $070 $070 50 LB NO BID NO BID NO BID NO BID NO BID NO BID 53 15-0 30 a LBS_ 1 00 1 00 50 LB NO BID NO BID NO BID NO BID NO BID NO BID 54 6-0-0 GALS. $2000 $2000 25 GAL NO BID NO BID NO BID NO BID NO BID NO BID 55 93-6 GALS NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID 56 0-0 30 Tdle Ph a GALS $3000 $3000 25 GAL NO BID NO BID $21 31 $21 31 25 GAL NO BID NO BID 57 Liquid Foliar i6-0-0 GALS. 1120 1120 2 5 GAL NO BID NO BID NO BID NO BID NO BID NO BID 5818-0-18 BAGS $1625 NO BID 50 LB BAG $025 $025 50 LB BAG $1925 $1925 50 LB. NO BID NO BID 59 FI,Ud,FHentll GALS $930 $930 25 GAL NO BID NO BID $900 $900 25 GAL NO BID NO BID 60 Ca,ben P-L GALS $1920 $1920 25 GAL NO BID NO BID $13250 $13250 25 GAL NO BID NO BID 61 D-Dimension 2EW—Herbicitle GALS 21550 21550 25 GAL 21550 21550 2.25 GAL 21550 21550 25 GAL NO BID NO BID '62 Tribute Total OUNCES $6000 $6000 60Z $36000 $36000 G x G OZ BOTTLE$6010 $6000 60Z NO BID NO BID 63 L.sce M.h,I.ed S.d Oil GALS 2040 2040 25 GAL 1590 1590 30 GAL DRUM 1400 1400 25 GAL NO BID NO BID '64 21 0 0 SdM22ecticitle n BAGS $1275 $1275 51 LB BAG N/A $1061 50 LB BAG $1150 $1150 50 LB. NO BID NO BID 65 Ta hake InsBAGS 12650 13900 50 LB 13900 13900 50 LB BAG 12650 13900 50 LB_ NO BID NO BID 66 Tri e Crmn T801 nsecticid. GALS. $24700 $24700 1GAL $26000 $26000 4.1 GAL $26000 $26000 1GAL NO BID NO BID 67 Acele rn Insecticid, GALS NO BID 202300 6402 101150 101150 05 GAL 202300 202300 64 OZ NO BE NO BID 68 Dacenil Action Fl—ble Fun,,,d. GALS $81 00 $81 00 25 GAL $81 00 $81 00 2.25 GAL $6662 $6662 25 GAL NO BID NO BID 69Heritae Action Fun,,,d. LBS_ 33300 33300 1 L 33300 33300 6x6.1 LB 33300 33300 1LB_ NO BID NO BID 70 Mirimichi Green Cartlen¢n Soil Enhancer TON $85000 $85000 40 LB NO BID NO BID $63800 $63800 40 LB. NO BID NO BID $59500 $59500 870Z JUG $595 95 00 $59500 87 OZ BOTTLE$59500 $500 87 OZ. NO BID NO BID (Case=4 x 87 az) 71 Baer Revolver Herbicitle OUNCEJUG 72 0 0 0-90 BAGS 1738 1738 50 LB NO BID NO BID 1960 1960 50 LB. NO BID NO BID 730020 BAGS $1425 $1425 50 LB NO BID NO BID $1800 $1800 SO LB. NO BID NO BID 74 Tracker Spr,V Ind,,,ter D, GALS $3000 $3000 25 GAL $1500 $1500 2.25 GAL 18 80 $,8Q 25 GAL NO BID NO BID 58 58 NO BID NO BID $4900 $4900 2.167 GAL $ 00 $ 167 GAL NO BID NO BID 75 Reuntlu PLMax Herbicitle GALJUG CONTAINER '76 S—Guartl SC Herbtle OUNCE $861 NO BID 640Z $55095 $55095 4.64 GAL $55095 $55095 640Z. NO BID NO BID 77 CrassXCheck Plus GALS 5000 5000 1 GAL NO BID NO BID 4200 4200 1 GAL NO BID NO BID 78 PRO Limestone PAI-d BAGS $1163 $1163 50 LB NO BID NO BID $770 $770 50 LB_ NO BID NO BID 79 0-0-24 LBS. $034 NO BID 50LB $029 $029 50 LB BAG $042 $042 50 LB. NO BID NO BID $0382 NO BID 50 LB $037 $037 50 LB BAG $0484 $0484 50 LB_ $0398 NO BID 40.50LB BAGS 80 8-0-12 LBS. 81 Pra IP,N R ul LBS_ 0835 NO BID 50 LB NO BID NO BID NO BID NO BID NO BID NO BID 82 16-1-2 LBS. $046 $046 50 LB NO BID NO BID NO BID NO BID NO BID NO BID 83 D Ia.02 LBS 125 125 30 LB 125 125 30 LB BAG $130 $130 30 LB. NO BID NO BID 84 18-0-6 GALS. NO BID NO BID NO BID NO BID $1060 $1060 250 GAL NO BID NO BID $0595 NO BID 50 LB $052 $052 50 LB BAG NO BID NO BID $0588 NO BID 40 x 50LB BAGS 85 26 4 11 with Ranstar 0 67% LBS_ LeI,erd e62 plmNtling same pace;P....per e 64 etl per bag by ne,phcei per eT11- 76 plmNtling same pnce;H $550 95 mr 64 oz Page 506 of 701 ITB-RM-20-68 Fertilizer COOP-Contract Award Distribution Rem# Description Bulk Non-Bulk 1 6-2-0 iloranite SunnilaLdCation SdeOne Lan tlsca a Su LLC -2 CC2 2411 Helena hemaom Helena Chemical Cormoanv Dual Award Dual Award Helena Chemical Company. He lena Chemical Company, 3 15-2-15 SdeOne Landscape Supply.LLC SdeOne Landscape Supply.LLC 4 15-0-15 Helena Chemical Comoanv Helena Chemical Cormoany 5 21-0-0 Helena Chemical Cormoanv Helena Chemical Cormoanv Dual Awand Hanell's.LLC He nell's.LLC 6121-0-0 ratle Sunnilantl Cor oration 7 Granular Sulfate of Potash 0-0-50-17s Helena Chemical C—o.—ioanv Helena Chemical Cormoanv 8 0-0-21 Helena Chemical Cormoanv Helena Chemical Cormoanv 90-0-21 ratle n Helena Chemical Com a Helena Chemical Com an 10 Li Micronutrient Soil Supplement SdeOne Lantlsca a Su l.LLC SdeOne Lantlsca a Supply,LLC Dual Awartl'. Dual Award Helena Chemical Company.SdeOne Helena Chemical Company. 11 13-3-13 Lantlscaa Su I LLC SdeOne Lantlsca a Su LLC 12 8-2-12 Helena C hemicalCom a Helena ChernicalCormoanv 13 Techman a Helena ChemicalCom a Helena ChemicalCom a 14 20-2-10 Helena Chemical Com a Helena ChemicalComoanv 15 9-2-24 Helena ChemicalCom a Helena ChemicalCom a 16 15-0-22 Helena ChemicalCom a Helena Chemical Com a 1716-2-8 Sunnilantl Cororation Helena ChernicalCormoanv 1818-24-12 Sunnilantl Cororation Helena Chemical Cormoanv 19 20-20-20 Harrell's LLC Hanell's LLC 20 14-14-14 Helena ChemicalCom anHelena ChemmicalCoan 21 19-0-19 WITH PRE-M SdeOne Landscape Su l LLC SdeOne Lantlsca a Su l LLC 22 24-2-11 Talstar 0.069 Plus Helena Chemical Com a Helena Chemical Cormoanv 23 24-2-11 Talstar r nular insecticide Helena Chemical Com a Helena Chemical Com a 24 22-2-11 Atrazine 1x05 Plus Helena Chemical Cormoanv Helena Chemical Com an 25 Hi h man a combo chelated micronutrients NO BIDS SdeOne Lantlsca a Su l LLC 26 13-2-13 Helena ChemicalCom a Helena Chemical Com a 27 14-2-14 Helena C heroic al Com a Helena Chemical Cormoanv 28 14-2-14grade Helena Chemical C oro a Helena Chemical Com a 29 24-0-11 He lena C heroic m al Coa Helena Chemical Com a 30 Su erThrive NO BIDS SdeOne Lantlsca a Su Comic- 30 LLC 31 21-2-11 wdh 1.00%Ronstar Helena Chemical Com a Helena ChemicalCom a 32 21-0-7 Sunnilantl Cor oration Helena Chemical Corncanv 33 Floratine Tur or NO BIDS NO BIDS 34Floratine Per4Max Gallons NO BIDS NO BIDS 35 Gator Excel Iron Plus SdeOne Lantlsca a Suoolv LLC SdeOne Lantlsca a Su LLC 36 Gator Perform SRN 18-0-6 SdeOne Lantlsca a Su LLC SdeOne Lantlsca a Su LLC 37 Le-4-4-5 Chelated Iron Plus SiteOne Lantlsca a Su LLC Sit One Lantlsca a Su LLC 38 Tena Max Tazo B NO BIDS NO BIDS 39 Mirimichi Green Carbon¢PN Soil Enhancer SdeOne Lantlsca a Su LLC SdeOne Lantlsca a Su I LLC 40 Mirimichi Green 9-0-1 C Site One Lantlsca a Su I LLC Sde0ne Land sca a Su LLC 41 Mirimichi Green Nutri-Kelp1-1-4 SdeOne Lantlscape Su I LLC Sit Lantlsca a Su LLC 42 20-0-10 Helena C hemicalCom a Helena Chemical Comoanv 43 15-0-0 NO BIDS NO BIDS 44 0-0-7 SdeOne Lantlsca a Suoolv LLC SdeOne Lantlsca a Su LLC 45 31-3-1 Helena Chemical Com a Helena Chem ical C oro Dan 46 Prosecutor Helena ChemicalCom a Helena ChemicalCom a 47 Nonionic Surtactant 90/10 Helena ChemicalCom a Helena C hemicalCom a Dual Award Dual Award He nell's.LLC Harrell',LLC 48 D lox 6.2 Helena Chem ical Com a Helena Chemical Com a 49 Neutral Thrive 18-6-12 Hanell's LLC Hanell's LLC 50 23-0-23 Helena Chemical Com a Helena ChemicalCom a 51 12-0-0 SdeOne Landscape Su nl LLC SdeOne Lantlsca a Su nl LLC 52 16-1-2 re ratle Hare Is LLC Hanell's LLC 53 15-0-30 a Harrell's LLC Hanell's LLC 54 6-0-0 Hanell's LLC Hanell's LLC 55 9-3-6 N0--B O BIDS NO BIDS 56 0-0-30 Title Phvte SdeOne Lantlsca a Su LLC SdeOne Lantlsca a Su LLC 57 Liquid Foliar 16-0-0 Harrell's LLC HM" LLC 58 18-0-18 He lena C heroical Cpeom a LLC Helena Chemical Comman Y 59 Flonce Friends SdeOne LantlscaSupply. SdeOne Lantlscape Supply.LLC 60 Carbon Pro-L Hanell's LLC Harrell's LLC Triple Award Harrell's.Triple Award LLC Helena Harrell',LLC Chem ical Company SiteOne Helena Chemical Company 61 Dow Dimension 2EW—Herbicitle Landscape Supply.LLC SdeOne Landscape Supply.LLC Triple Awartl'. Harrell's.Triple Awartl'. LLC Helena Harrell's.LLC Chemical Company SiteOne Landscape Helena Chemical Company Supply.LLC SdeOne Landscape Supply.LLC 62 Tribute Total 63 Lesco Meth latetl Seetl Oil Sde0ne Land sca a Su LLC SdeOne Lantlsca a Su LLC 64 21-0-0 Solu re Sit Lantlsca a Su LLC Sde)us Lantlsca a Su LLC Dual Award Triple Award Harrell's.LLC Hanell's.LLC S deOne Landscape Supply.LLC Helena Chemical Company 65 To choice Insecticitle SdeOne Landscape Supply.LLC 66 Tri le Crown T80 l nsecticide Hanell's LLC Hanell's LLC Triple Award Harrell,Triple Award LLC Helena Hanell's.LLC Che. SiteOne Helena C hemicalCompany 67 Acele r n Insecticide Lantlsca a Suoolv LLC SiteOne Lantlsca a Su LLC 68 Daconil Action Flowable Fungicide Triple Awartl'. Harrell's.Triple Awartl'. LLC Helena Hanell's.LLC Chemical Company SiteOne Lantlscape Helena C heroical Company SdeOne 69 Henta eAction Fungicide Su .LLC Lantlsca e Su I.LLC 70 Mirimichi Green Contortion Soil Enhancer SdeOne Lantlscape Supply.LLC SdeOne Landscape Supply.LLC Triple Award Harrell,Triple Award LLC Helena Hanell's.LLC Che. 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PUBLIC HEARING 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Ordinance No. 20-031 - Second Reading - Approve Catanzaro Residential Future Land Use Map Amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR). Proposed Ordinance No. 20-032 - Second Reading - Approve Catanzaro Residential Rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. Explanation of Request: The subject parcel, currently vacant, was reclassified from the Medium Density Residential (MEDR) to Local Retail Commercial (LRC) future land use and concurrently approved for a professional medical office in 2017. The office project was never built; the property has been on the market but buyers' interests remain focused on its potential for residential, rather than commercial development. In response to the clear market preferences—and consistent with the residential character of the surrounding area—the property owner is requesting this future land use (FLU) amendment and rezoning that would allow for the site to be developed for residential use. The property would be brought back to its previous MEDR future land use category and rezoned to R-3. Note that the CRA Plan (the Plan) future land use recommendation for the subject parcel, the adjacent parcel to the south, as well as for the areas to the north and west that are currently classified MEDR, is HDR, High Density Residential (see Exhibit B). However, given the small size of the subject parcel, the proposed reversal of the FLU to the property's previous Medium Density Residential is arguably a small departure from the Plan's recommendation. Ideally, the subject property would be assembled with abutting parcels in future, resulting in a larger and more intensive development supported by HDR future land use. The Planning and Development Board reviewed these items at its August 25, 2020 meeting and forwards them with a recommendation of approval. How will this affect city programs or services? No significant impact on either programs or services. Fiscal Impact: Eventual development of the property would represent a small increase in the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Page 513 of 701 Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng Catanzaro land use amendment D Ordinance Ordinance appro\4ng Catanzaro rezoning D Staff Report Staff Report D Location Map Location Map D Exhibit CRA Plan recommendation D Location Map Current FLU Classification D Location Map Proposed FLU Classification D Location Map Current zoning D Location Map Proposed Zoning Page 514 of 701 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS CATANZARO 7 RESIDENTIAL AND DESCRIBED HEREIN, CHANGING THE 8 LAND USE DESIGNATION FROM LOCAL RETAIL 9 COMMERCIAL (LRC) TO MEDIUM DENSITY RESIDENTIAL 10 (MEDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 11 AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 15 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 22 in the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 Future Land Use of the following described land: 30 31 LOT 21, CRESTVIEW, ACCORDING TO THE PLAT THEREOF, AS 32 RECORDED IN PLAT BOOK 23, PAGE 154 OF THE PUBLIC 33 RECORDS OF PALM BEACH COUNTY, FLORIDA. 34 35 36 is amended from Local Retail Commercial (LRC)to Medium Density Residential (MEDR). 37 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, S:\CA\Ordinances\Planning\Land Use\Catanzaro LUA-Ordinance.Docx Page 515 of 701 38 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 39 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 40 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 41 including appeals, are exhausted. In the event that the effective date is established by state law 42 or special act, the provisions of state act shall control. 43 FIRST READING this day of September, 2020. 44 SECOND, FINAL READING and PASSAGE this day of , 2020. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 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 ATTEST: 61 62 63 64 Crystal Gibson, MMC 65 City Clerk 66 67 68 (Corporate Seal) 69 S:\CA\Ordinances\Planning\Land Use\Catanzaro LUA-Ordinance.Docx Page 516 of 701 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 CATANZARO RESIDENTIAL FROM C-2 NEIGHBORHOOD 7 COMMERCIAL TO R-3 MULTI-FAMILY RESIDENTIAL; 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the City has made application to rezone land, said land being more 14 particularly described hereinafter, from C-2 Neighborhood Commercial to R-3 Multi-Family 15 Residential; and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from C-2 26 Neighborhood Commercial to R-3 Multi-Family Residential. A location map is attached hereto 27 as Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 LOT 21, CRESTVIEW, ACCORDING TO THE PLAT THEREOF, AS 29 RECORDED IN PLAT BOOK 23, PAGE 154 OF THE PUBLIC 30 RECORDS OF PALM BEACH COUNTY, FLORIDA. 31 32 33 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 34 accordingly. 35 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. I S:\CA\Ordinances\Planning\Rezoning\Catanzaro-Rezone-Ordinance.Docx Page 517 of 701 36 Section 5. Should any section or provision of this Ordinance or any portion thereof be 37 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 38 remainder of this Ordinance. 39 Section 6. This ordinance shall become effective immediately upon passage. 40 FIRST READING this 15th day of September, 2020. 41 SECOND, FINAL READING and PASSAGE this day of , 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 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 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Catanzaro-Rezone-Ordinance.Docx Page 518 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-015 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: August 12, 2020 PROJECT: Catanzaro Residential LUAR 20-003 REQUEST: Approve Catanzaro Residential Future Land Use Map amendment from Local Retail Commercial (LRC) to Medium Density Residential (MEDR) and rezoning from C-2 Neighborhood Commercial to R-3 Multi-Family Residential. PROJECT DESCRIPTION Property Owner/Applicant: Bruce Catanzaro, CM&J Boynton Properties, LLC Agent: Christi Tuttle/ Urban Design Studio Location: East side of SE 3rd Street, approximately 85 feet north from the intersection of SE 3rd Street and SE 23rd Avenue (Exhibit "Al) Existing Land Use/Zoning: Local Retail Commercial (LRC) / C-2 Neighborhood Commercial District Proposed Land Use/Zoning: Medium Density Residential (MEDR)/ R-3 Multi-Family Residential Proposed Use: No site plan proposed at this time Acreage: 0.25 acres Page 519 of 701 Page 2 Catanzaro Residential LUAR 20-003 Adjacent Uses: North: Duplex, classified Medium Density Residential (MDR) and zoned R-3, Multifamily; South: Multifamily rental property, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; East: Multifamily rental property, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial; West: The right of way of SE 3rd Street; further west multifamily rental property classified Medium Density Residential (MDR) and zoned R-3, Multifamily. BACKGROUND The subject parcel, currently vacant, was reclassified from the Medium Density Residential (MEDR) to the Local Retail Commercial (LRC) future land use and concurrently approved for a professional medical office in 2017. The property's original MEDR future land use was inconsistent with its commercial C-2 zoning and reclassification to LRC eliminated the discrepancy. However, the office project was never built; the property has been on the market but buyers' interests remain focused on its potential for residential, rather than commercial development. In response to the clear market preferences—and in consistency with the residential character of the surrounding area—the property owner is requesting future land use (FLU) amendment and rezoning that would allow for the site to be developed for residential use. The property would be brought back to its previous MEDR future land use category and rezoned to R-3. Note that the CRA Plan (the Plan) future land use recommendation for the subject parcel, the adjacent parcel to the south as well as for the areas to the north and west currently classified MEDR is HDR, High Density Residential (see Exhibit B). The only zoning district corresponding to HDR is Infill Planned Development District (IPUD), with no minimal acreage requirement. However, given the small size of the subject parcel, the proposed reversal of the FLU to the property's previous Medium Density Residential is arguably a small departure from the Plan's recommendation. In the future, a land assembly can result in a larger and more intensive development supported by HDR future land use. No site plan application will be required, as the site constraints will only permit a single- or two-family residential structure, which are exempt from site plan review processes. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in 2 Page 520 of 701 Page 3 Catanzaro Residential LUAR 20-003 the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As explained in the Background section of this report, the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in the site's potential for residential development. While the long term impact of COVID19 pandemic on the commercial real estate remains unclear, the significant decline of demand across offices and retail space may persist in many locations, therefore strengthening the justification of the applicant's request. 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. In recent years, the City added several policies to its Comprehensive Plan aimed at protecting lands with industrial and commercial designations. For example, Policy 1.17.6 of the Future Land Use Element states that "The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses."However, the subject FLU amendment, if approved, would simply reverse the 2017 reclassiffication, giving the property back its previous MEDR residential classification. Moreover, as already discussed, the market has not supported commercial use on the site. The CRA Plan future land use recommendation for the subject parcel, the adjacent parcel to the south as well as for the areas to the north and west currently classified MEDR is the High Density Residential (HDR). As argued in the Background section of this report, the proposed reversal of the FLU to the site's previous Medium Density Residential is not a significant departure from the Plan's recommendation, especially given the property's small size. In the future, a land assembly can result in a larger and more intensive development supported by HDR future land use. 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 3 Page 521 of 701 Page 4 Catanzaro Residential LUAR 20-003 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. Proposed FLUM amendment would be consistent with the established land use pattern. It would not create an isolated zoning district/land use classification, as it would revert the site to its previous residential FLU classification, matching those of areas north and west of the property. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning in itself does not carry any sustainability attributes. There is no concurrent site plan application. 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. With the maximum of two units ( a duplex) permitted on the subject parcel under the requested zoning, this amendment would have a negligible impact on the capacity of public services/infrastructure. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed FLUM amendment and rezoning would be compatible with the current use of adjacent and nearby properties and will not affect local property values. Any potential changes to the area's land use in the future will be guided by the recommendations of the CRA Plan. As already noted, the requested reclassification/rezoning to residential use constitute a reversal of reclassification approved in 2017 for a small, 0.25-acre property. Their impact on the needs of the neighborhood (let alone on the City as a whole) would 4 Page 522 of 701 Page 5 Catanzaro Residential LUAR 20-003 therefore be negligible. g. Direct Economic Development Benefits. For rezoning/ Future Land Use map amendments involving rezoning to a planned zoning district. N/A h. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further the City's Economic Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. Since the requested reclassification reverts the property to a residential use, the main economic development benefit of this action would be the project's contribution to the City's tax base. See also response to criterion "a": the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in the site's potential for residential development. L Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See responses to criteria "a" and "h". The proposed FLU amendment/rezoning would reduce the amount of land available for commercial development. However: (1) the property is very small, so the reduction would be insignificant; and (2) the property has been on the market for the considerable amount of time, with no takers interested in commercial uses. On the other hand, there has been a significant interest from buyers' in 5 Page 523 of 701 Page 6 Catanzaro Residential LUAR 20-003 the site's potential for residential development. j. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. The criterion does not apply to the subject case, as it is not a project looking for suitable site. The owner failed to find a buyer willing to develop the property with a commercial use. k. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. No application for a site plan was submitted. RECOMMENDATION The proposed amendment would reverse the property to its previous residential FLU classification and conforming zoning designation after it failed to attract buyers for commercial development under the current zoning. Staff recommends approval of the subject request. S:\Planning\SHARED\WP\PROJECTS\Catanzaro Reside ntial\Catanzaro Residential LUAR 20-005 Staff Report.dou 6 Page 524 of 701 Exhibit A CATANZARO RESIDENTIAL LOCATION MAP , 1 4 j' � t lit - t v- - , it - i ,1r thy, �t,ta�ts �a 0 15 30 60 90 Feet Page 525 of 701 Exhibit B CRA REDEVELOPMENT PLAN FLU RECOMMENDATIONS FOR CATANZARO SITE AND ADJACENT AREAS ke:_ s4 V F f � �4 y �� 1 �� 4 •-Y ',� e�g f 4 � t I SE 23rd Ave 1 t � I Y t � G d Legend Proposed Future Land Use Categories High Density Residential (HDR) Max. 15 D.0/Acre Mixed Use Low Max. 20 D.U./Acre Page 526 of 701 Exhibit C CATANZARO RESIDENTIAL - CURRENT FLU MEDR s CIO 'W Wo M 'W MEDR CIO re r. f SE 23rd Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR), 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) TCEA Boundary 0 25 50 go A ��5 7 Exhibit D CATANZARO RESIDENTIAL - PROPOSED FLU MEDR s W .� to M 'W MEDR SITE MEDR F L ( Y tt� r tr � SE 23rd Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR), 20 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) TCEA Boundary 0 25 50 �QO A r�s 5rq 7 Exhibit E CATANZARO RESIDENTIAL CURRENT ZONING SITE, � 1 I 1 r s , 11 i 1� I s 11 l "II� .sg�}�1�tI��1 Ii,llllllll t`i>g\1,,�\,iil£Illlllllllll lr`4!,',I l}t��l�`��kl�tC sl I l � 1 I I I � I I \ � , I \s I f1 I 5 r , I 1 , 1 :-.- 4i( t, R3 Multi Family, 11 du/ac \�\ I , ,1 C2 Neighborhood Commercial r. 1r� }#IPUD Infill Planned Unit Development r.,... .. ;itit ;\t Il .til t c.1 tl! t)t llyii\r! I CEA Boundary lilt 11 II»4� ,}I ill ,III,}SII ...}�.. (� yl,t+J� 11 1t r�11 I� l��Il S\a,l»�s„ 1 ;y1}t ,t,\ !� �11 1ii ,}�t�l�Il,�ll�ll - I SII, 1 \ 1 5 ,,. ,. 1_: r 15 5 t , t s_ ,15 , , r 1 t# I 1 t \,_ t � _2 r 4..r.,fi,.1f. t t t t , )4._ ,�..l.,.k,s.1, , S t ' l },rF 0 1530 60 90 Feet Page 529 of 701 Exhibit F CATANZARO RESIDENTIAL PROPOSED ZONING "II� .sg�}�1�tI��1 Ii,llllllll t`i>g\1,,�\,iil£Illlllllllll lr`4!,',I l}t��l�`��kl�tC sl I l � 1 I I I � I I \ � , I \s I f1 I 5 r , I 1 , 1 t� Legend i r t L n e e ,. :-.- 4i t, R3 Multi Family, 11 du/ac IK" I I IIII I III I:IlI l�l:.1�,t,,,il I 11 111I 111 IIII .�,,,311�1l \�\ _\. I I_,I , , r. Neighborhood C2 Commercial i 1 t 41 \ I 4,1t s 1111 ;Ft ,�4lt1�3` tf I 4, d 111 11.,1.111 1r� , , . � , � � , IPUD Infill Planned Unit Development TCEA Boundary �llss� r .. , t... t s_ l_ I 4\ t,.2 ._ IIS � t 0 1530 60 90 Feet Page 530 of 701 8.B. PUBLIC HEARING 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Ordinance 20-030 - Second Reading -Adoption of ordinance allowing for virtual city commission meetings by communication media technology. (Tabled from the August 4, 2020 Commission meeting.) Explanation of Request: The City Commission has been conducting virtual meetings by use of communication media technology under the general state wide authority granted by the Governors Executive Orders. The continuation of those orders has created both confusion and uncertainty regarding the ability to continue virtual meetings. The most recent Governor's Executive Order extends the ability to continue virtual meetings until 12:01 a.m. November 1, 2020. The attached Ordinance, adopted on first reading on August 4, 2020 is intended to establish local home rule based authority for Virtual City Commission meetings during the COVI D-19 pandemic. The City Commission adopted an Emergency Ordinance on September 30, 2020. To conform Ordinance 20-030 to the Emergency Ordinance several amendments are necessary as shown in the ordinance for second reading. Prior to adoption on second reading there should be a motion to amend Ordinance 20-030 as shown in the ordinance in the back-up. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 531 of 701 ATTACHMENTS: Type Description D Ordinance Ordinance 20-030 CIVIT meetings (revised for 2nd reading) D Attachment Governor's Executive Order 20-246 Page 532 of 701 ORDINANCE NO. 20-0301 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO MAKE PROVISIONS FOR PUBLIC MEETINGS BY USE OF COMMUNICATION MEDIA TECHNOLOGY AND FOR ATTENDANCE BY USE OF SUCH TECHNOLOGY BY ELECTED AND APPOINTED OFFICIALS DURING PERIODS WHEN THE CITY COMMISSION DETERMINES AND DECLARES A LOCAL PUBLIC HEALTH EMERGENCY OR OTHER CIRCUMSTANCES WHICH THE COMMISSION DETERMINES NECESSARY TO PROTECT THE HEALTH AND SAFETY OF CITY OFFICIALS, CITY STAFF, AND THE PUBLIC; PROVIDING FOR THIS ORDINANCE TO CONTROL IN THE EVENT OF CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission deems it to be in the best interest of the citizens and residents of the City of Bovnton Beach, to make provisions for public meetings by use of communication media technolo!2�y and for attendance byuse of such technology by elected and appointed officials during periods when the City Manager determines and issues a declaration of local public health emergency or other circumstances in which the City Manager determines necessary to protect the health and safety of City Officials, City staff, and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. The fore!2�oin,!2�whereas clause is hereby ratified and confirmed as being true and correct and is hereby made a part of this Ordinance. SECTION 472. LEGISLATIVE FINDINGS, PURPOSE,AND INTENT. In adopting this Ordinance, the City Commission of the City of Boynton Beach (the "City Commission") intends to protect the public health and safety by making provisions for the Second Reading Amendments shown in tracked changes format. 100389071.3 306-90018211 S:ACA\Ordinances\ORD 20-030 CMT Meetings(00389071-3xc4b6a).Docx Page 533 of 701 occurrence of and attendance at public meetings by use of communication media technology {LCMT}D during local public health emergencies, as determined by the City (—'---.mis4e*Manage . The City Commission finds: 1. The Coronavirus (COVID-19), a respiratory illness caused by a virus that spreads rapidly from person to person and may result in serious illness or death_constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Bovnton Beach. 4-.2. On March 1, 2020, Ron DeSantis, Governor of the State of Florida, issued Executive Order No. 20-51, directing the Florida Department of Health to issue a Public Health Emergency. ,2-.3. On March 1,2020,the State Surgeon General and State Health Officer declared that a Public Health Emergency exists in the State of Florida as a result of COVID- 19. -34. On March 9,2020,Governor DeSantis declared that a state of emergency exists in the State of Florida as a result of the continued spread of COVID-19. 5. Since April 21, 2020, either in accord with Florida Governor Executive Orders or City Emergency Ordinances 20-008, 20-009 and 20-026 the City has been conducting public meetings by use of communication media technology (CMT). 6. To reduce the spread of COVID-19_theUnited States Centers for Disease Control and Prevention ("CDC") recommends implementation of community mitigation strategies to increase containment of the virus. 4-.7. The current outbreak of (COVID-19) has made the City Commission acutely aware that provisions must be made to ensure that the business of municipal governance can occur without unnecessarily exposing e4h�public officials, City personnel or members of the public to a risk of infection while ensuring public access and open government. 8. As of September 20, 2020, the Florida Department of Health reports a total number of COVID-19 cases of 685,439 with 13,480 deaths in Florida and 45,425 cases and 1,277 deaths in Palm Beach Countv. These numbers continue to rise and current data is available at: hLtps:Hexperience.arcgis.com/experience/96dd742462124faOb38ddedb9b25e429.. 9. Palm Beach Countv has recently announced the extension of its facemask requirements which indicates a continuing public health concern in Palm Beach Countv. Palm Beach County Emergency Order 2020-026. {00389071.3 306-9001821} 2 Page 534 of 701 X10. Florida law, including Article 1, Section 24 (b) Florida Constitution, and Florida Statutes Sections 286.011 and 166.041,requires that meetings of elected and appointed officials ("Bodies"), for the conduct of public business, must be held following procedures (notice, access of meetings, opportunity to be heard,the taking of minutes, etc.) that ensure that the public is able to participate in and be aware of the decision making process (the "Sunshine Law"). X11. Previously, when asked whether a public body complies with the Sunshine Law when one or more members of the Body wish to participate in a meeting electronically from a remote location, the Florida Attorney General ("AG") has opined that a quorum of the Body must be physically present in order to allow a member, who due to "extraordinary circumstances" is unable to physically attend the meeting, to appear and participate electronically. X12. On March 19, 2020, the AG issued an AGO 2020-03 which provides that "unless and until legislatively or judicially determined otherwise, if a quorum is required to conduct official business, local government bodies may only conduct meetings by teleconferencing or other technological means if either a statute permits a quorum to be present by means other than in-person, or the in-person requirement for constituting a quorum is lawfully suspended by the Governor during the state of emergency." 913. On March 20, 2020, Governor DeSantis issued Executive Order Number 20- 69 which suspends any Florida Statute that requires a quorum to be present in person or requires a local government body to meet at a specific public place and permits local government bodies to utilize GGR4,41414iGatJ949 R4edi , teGI41 9I9gYCMT such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes. EO 20-69 has been extended on several occasions reflecting the continued state of emergency and-threat to the public when gathering to attend public meetings but at this time the extension are scheduled to end September 30, 2020 and there is no indication of additional extension. The City Commission finds further extension is justified but has no authority to compel the Governor to so act. 14. Section 4 D of Governor DeSantis' Executive Order 20-52 expressly authorizes the City Commission to take whatever prudent action is necessary to ensure the health, safetv, and welfare of the community in accordance with section 252.38, Florida Statutes. 15. Chapter 252, Florida Statutes, among other things, confers upon the City Commission the emergency mowers provided for in Chanter 252 in order to nroteet the public peace, health, and safety; and to preserve the lives and property of the people of the state, and to "make, amend, and rescind such orders and rules as are necessary for emergency management purposes and to supplement the carrying out of the provisions of ss. 252.31-252.90,but which are not inconsistent with any orders or rules adopted by the division or by any state agency exercising a power delegated to it by the Governor or the division." Section 252.46(1) Florida Statutes. {00389071.3 306-90018211 3 Page 535 of 701 -9-16. COVID-19 has created or imminently threatens to create conditions that may severely affect the public health, safety, welfare and security of theT residents and visitors of the City of Boynton Beach, Florida. 4.9-17. The City Commission finds there is a clear and present danger in holding a public "in person" meeting for those attending and those who come in contact with those attending. 418. The technology exists to conduct public meetings using technology in which the City can comply with the provisions of the Sunshine Law while preserving human life. 419. The City Commission also possesses broad home rule powers that authorize it to protect the public health, safety, and welfare, declare emergencies, and protect its citizens, and pursuant to ;.'Is GlgaFt„r 20. There is no statute, Charter provision, or ordinance that defines "present" as physically within the walls of the City 4a4Hall chambers. Webster's Dictionary includes "in attendance" as a meaning of"present". 421. Section 84 of the City Charter provides: The City Commission shall be the jud,ges of the qualifications, election and returns of its own members: it ma ey pact rarocedare and may prescribe penalties for the non-attendance or dis- orderly conduct of its members (eml2hasis added) , and enforce the same. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of any business, but a smaller number may adjourn from time to time, and under the provisions of ordinances or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. Additionally Sec. 8 oLthe Charter provides:: ... 4 ® date -/E regularmeetmgs® special meeting® ®_Ilee_j e- Tl, r (q) f mmirni n r n11 1, IrT qtr mee as the C-emmirvv;en deems ne SheuIrl n scheduled 01-®, Gemmissi ,n meeting r-11 ,®n b, 61 1-11 e datean re,leir•le any nn nn1 r•nr®ntr, nr mr®n.--.pal election it �se1r1 unth W,94; rin„ (h) Tl,e Mayer-, r any three members the Of-®, Gemmis i n may X11 me rr,ad user urn 11„ nr 1-4 atthe usual place of rer"enee. All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business(e nets a e {00389071.3 306-90018211 4 Page 536 of 701 22. The Charter does not prohibit attendance at the meeting of City r9n4n4iss P,-4:FCommissioners by electronic media and the City Commission finds that its attendance requirement for the purpose of establishing a quorum, participating and voting can be satisfied by physical or CMT attendance. This same rule of attendance applies to City Board or Committee meetings and quasi-judicial hearings. 23. There is no intrinsic evil to telephonic or CMT attendance to achieve a quorum. Consequently, the"preemption" of phone attendance,if it exists, must be tq �expressly set forth in the Florida Constitution or general or special law, not vaguely and ambiguously implied. Thus, the City Commission finds that no preemption exists in state law. 4-6-.24. The City Commission finds that it is in the best interest of theinterests of the City Commission, Boards, Committees, City personnel, and citizens and residents of the City to authorize the City Manager to provide 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, Boynton Bea P pursuant to the City's Charter,Chapter 252,Florida States, Section 4 D of Governor DeSantis' Executive Order 20-52, and the City's home rule authority, including that set forth in Article VIII, Section 2(b), Florida Constitution, and Section 166.021, Florida Statutes. SECTION 2-3. DECLARATION OF EMERGENCY. Pursuant to its home rule powers, Chapter 252, Florida Statutes, section 4 D of Governor DeSantis' Executive Order 20-52 and based upon the Legislative Findings set forth in the above-stated Re �recitals,the City Commission of the City of Boynton Beach hereby finds and declares that aRa public health emergency exists requiring immediate action by the City Commission. By virtue of the threat to public health and safety and by virtue of the threat to the City's financial health and home rule powers,itis necessary for the City to implement this regulation. SECTION -34. LIMITED AUTHORIZATION FOR PUBLIC MEETINGS WITHOUT PHYSICAL PRESENCE. The City Manager is hereby authorized, pursuant to the 149n4e Rulehome rule authority of the City Commission, Chapter 252, Florida {00389071.3 306-90018211 5 Page 537 of 701 Statues, section 4 D of Governor DeSantis' Executive Order 20-52, and based upon the Legislative Findings set forth in the above-stated recitals, during a declared public health emergency to: a) arrange for the City Commission, Boards, and Committees to meet electronically-; b)promulgate rules of procedure that will ensure compliance with the Sunshine Law; c) provide technology and administrative support as necessary to fulfill these objectives. Such a meeting may only be conducted without the physical presence of a quorum of the City _R4beF-SCommissioners, Boards, and Committees, if an emergency is declared based upon an infectious disease, and only so long as (1)the meeting b-&Lls properly noticed, (2) minutes 4eare taken, and (3) the public beis permitted to attend via communication media technology(CMT)technology such as teleconferencing or web-based conferencing. SECTION 45. SEVERABILITY. If any pFovis4onclause section or other p,Lrt of this or-dinance Js for- any reason Ordinance shall be held to be Jnvalkl-OF unconstit-ution4by any court of competent jurisdiction to be unconstitutional or invalid,such pr-9;44o4unconstitutional or invalid part shall be considered as eliminated and suek skall not aff,-c4in no wav affecting the validity of any etker-pr-evisand to tkat enel,the �other provisions of this oF4k+aneeQrdinance. SECTION 6. HYBRID MEETING. Nothing herein shall be construed to prohibit hybrid public meetings in which one or more members of the City Commission (or a City Board)physically attend at a City Hall location while other Commission (or Board)members attend by communication media technology, provided proper notice is provided and all {00389071.3 306-9001821} 6 Page 538 of 701 requirements for conducting a sunshine law compliance meeting are 14eFeby deela4zc-d met. SECTION 47. CONFLICTS. All oF4k+a*ee&Ordfinances or parts of o-F��Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are 4.er�repealed to the extent of such conflict. SECTION 48. EFFECTIVE DATE. This o4:e��Ordinance shall take effect immediately upenits This Ordinance shall expire on ,December �31 2020. Nothing contained in this or-dinance shall glive equil-able estoppel, or-elaim for-continuint-1---IT Ispecifie ],—,A but maybe extended by Resolution of the City Commission. FIRST READING this day of August, 2020. SECOND, FINAL READING AND PASSAGE this day of—, 2020. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor— Steven B. Grant Vice-Mayor—Ty Penserga Commissioner—Justin Katz Commissioner—Woodrow L. Hay Commissioner—Christina L. Romelus VOTE ATTEST: {00389071.3 306-9001821} 7 Page 539 of 701 Crystal Gibson, MMC City Clerk (Corporate Seal) {00389071.3 306-90018211 8 Page 540 of 701 t'�' TATE OF FLORIDA �5 OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-246 (Emergency Management_..COVID 19-- Local Government Public Meetings) WHERF,AS, Executive Order 20-69, as extended by Executive Carders 20-112, 20-123, 20-139, 20-150 and amended by Executive Orders 20-179 and 20-1.93, expires on October 1, 2020, unless extended. NOW, THEREFOR-E, I, RON DESAN TIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section(1)(a)of the Florida Constitution, Chapter 252, Florida statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect: Section 1. 1 hereby extend Executive Order 20-69, as extended by Executive Orders 20-112, 20-123, 20-139, 20-150 and amended by Executive Larders 20-179 and 20-193, subject to the condition of Section 2 below, until 12;01 a.m. November 1, 2020. This order supersedes section 4 of Executive Order 20-69. Section 2. This order shall not apply to election canvassing boards. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida.to be affixed, at Tallahassee, this /Othay September, 2020. ,° lY DESANTIS, GOVERNOR. > ATTEST: , b ;:. r c.` /SECRETARY OF ST T Page 541 of 701 8.C. PUBLIC HEARING 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Ordinance No. 20-034 - First Reading - Approve Legacy at Boynton Beach (REZN 20-001) rezoning subject property from CBD (Central Business District) to MU-C (Mixed-Use Core) with a master plan for 274 multi-family residential units and 12,422 square feet of retail, located at the northeast corner of SE 2nd Avenue and Federal Highway. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach will occupy 2.76 acres in the CRA's Downtown District. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels classified Mixed-Use High (MXH), and zoned CBD, Central Business District. The applicant has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH classification and carrying that classification's maximum density of 80 dwelling units per acre (du/ac). The rezoning would support a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of retail adjacent to Federal Highway. Although the proposed density of 98 du/ac exceeds the maximum density permitted in MU-C zoning, the project's location in the Downtown Transit–Oriented Development District (DTODD) allows the developer—contingent on the participation in the City's Workforce Housing Program—to utilize the DTOD District's 25 percent density bonus. MU-C is the designation recommended for this location by the CRA Plan. All areas north of the proposed project up to NE 4th Avenue, and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One and The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is being gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the vision of the Downtown District embedded in the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 50 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The master plan includes features designed to mitigate the negative impacts of the project's height, bulk and scale on the adjacent low-rise residential properties. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on-street parking, street trees, and wide sidewalks. The Planning and Development Board reviewed this item at its September 22, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Page 542 of 701 Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance appro\4ng Legacy rezoning D Staff Report Staff Report D Attachment Exhibit Al. Owner list D Location Map ExhibitA2. Location Map D Location Map Exhibit B. Existing FLU classification D Location Map Exhibit Cl. Existing Zoning D Location Map Exhibit C2. Proposed Zoning D Attachment Exhibit D. CRA Plan recommendation Page 543 of 701 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 LEGACY AT BOYNTON BEACH FROM CBD (CENTRAL 7 BUSINESS DISTRICT) TO MU-C (MIXED-USE CORE); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS, the applicant has requested to rezone the parcels to Mixed Use-Core 14 (MU-C), a zoning designation corresponding to the MXH classification and carrying that 15 classification's maximum density of 80 dwelling units per acre (du/ac); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from CBD 26 (Central Business District) to MU-C (Mixed Use-Core). A location map is attached hereto as 27 Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 28 PARCEL I 29 30 BINGHAM PROPERTY: 31 LOTS 5, 6, 7 AND 8, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF- 32 WAY AND LOTS 95 AND 96 AND LOTS 65 AND 66 OF "THE LAWNS", 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF 34 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 35 36 PARCEL II 37 38 BOWDEN PROPERTY: 39 LOTS 9, 10, 11 AND I2 AND THE NORTH 10 FEET OF LOT I3, LOTS 15 AND 16, 1 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 544 of 701 40 "THE LAWNS", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT 41 BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 42 FLORIDA, LESS THE WEST 25 FEET THEREOF FOR ROAD RIGHT-OF-WAY. 43 44 PARCEL III 45 46 SCAGGS PROPERTY: 47 LOTS 67, 68, 69 AND 70, "THE LAWNS", ACCORDING TO THE PLAT THEREOF 48 ON TILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR 49 PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 50 51 PARCEL IV 52 53 DSS PROPERTIES PROPERTY: 54 LOTS 71 AND 72, "THE LAWNS", ACCORDING TO THE PLAT THEREOF ON FILE 55 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM 56 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9 AT PAGE 69. 57 58 PARCEL V 59 60 GARCIA PROPERTY: 61 CONDOMINIUM PARCEL A OF INTRACOASTAL MEDICAL BUILDING 62 CONDOMINIUM, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE 63 DECLARATION OF CONDOMINIUM THEREOF, RECORDED FEBRUARY 8, 1980 64 IN OFFICIAL RECORDS BOOK 3229,PAGES 180 THROUGH 214 OF THE PUBLIC 65 RECORDS OF PALM BEACH COUNTY, FLORIDA, AND ALL AMENDMENTS 66 THERETO. 67 68 PARCEL VI 69 70 RUGGERI PROPERTY: 71 UNIT B OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, ACCORDING 72 TO THE DECLARATION THERE OF RECORDED IN OFFICIAL RECORDS BOOK 73 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, 74 FLORIDA, AND ALL AMENDMENTS THERETO. 75 76 PARCEL VII 77 78 CHIODO PROPERTY: 79 UNIT C OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 80 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 81 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 82 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 83 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 84 85 PARCEL VIII 86 87 SOLIS PROPERTY: 88 THE SOUTH 15 FEET OF LOT 13 AND ALL OF LOT 14, LESS THE WEST 25 FEET 89 THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA FOR ROAD 90 RIGHT OF WAY PURPOSES, AND ALL OF LOTS 61, 62, 63 AND 64, "THE LAWNS", 91 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 69 2 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 545 of 701 92 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 93 94 PARCEL IX 95 96 SPENCER PROPERTY: 97 UNIT D OF INTRACOASTAL MEDICAL BUILDING CONDOMINIUM, A 98 COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 99 CONDOMINIUM THEREOF,RECORDED FEBRUARY 8, 1980 IN OFFICIAL 100 RECORDS BOOK 3229,PAGE 180 OF THE PUBLIC RECORDS OF PALM BEACH 101 COUNTY, FLORIDA, AND ALL AMENDMENTS THERETO. 102 103 PARCEL X 104 105 VACATED RIGHT-OF-WAY 106 A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 107 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 108 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 109 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 110 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 111 FOLLOWS: 112 113 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 114 00000'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF 115 SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; 116 THENCE NORTH 88046'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF 117 SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 118 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH 119 FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST 120 ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND 121 PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 122 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT- 123 OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID 124 LOTS 8, 96,AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. 125 126 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 127 BEACH,PALM BEACH COUNTY, FLORIDA AND CONTAINING 120,347 SQUARE 128 FEET, (2.7628 ACRES), MORE OR LESS. 129 130 131 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 132 accordingly. 133 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 134 Section 5. Should any section or provision of this Ordinance or any portion thereof be 135 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 136 remainder of this Ordinance. 3 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 546 of 701 137 Section 6. This ordinance shall become effective immediately upon passage. 138 FIRST READING this day of October, 2020. 139 SECOND, FINAL READING and PASSAGE this day of , 2020. 140 CITY OF BOYNTON BEACH, FLORIDA 141 YES NO 142 143 Mayor— Steven B. Grant 144 145 Vice Mayor—Ty Penserga 146 147 Commissioner—Justin Katz 148 149 Commissioner—Woodrow L. Hay 150 151 Commissioner— Christina L. Romelus 152 153 VOTE 154 ATTEST: 155 156 157 158 Crystal Gibson, MMC 159 City Clerk 160 161 162 (Corporate Seal) 4 S:\CA\Ordinances\Planning\Rezoning\Legacy-Rezone-Ordinance.Docx Page 547 of 701 LOCATION MAP Exhibit A Z• 1 �'� ` �� f ��h i�� fit` k is�.. k � - �Lj � ,: E Ocean roomve , i � 19S si� tl � i � ➢}' Y`, r +t {M 4 i e ` f SE 1st Ave — ,a l st t + W4 f �; —E2nc! Ave t,9 Page 548 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-018 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Craig Pinder, Planner II DATE: September 16, 2020 PROJECT: Legacy at Boynton Beach REZN 20-001 REQUEST: Approve Legacy at Boynton Beach Rezoning (REZN 20-001) from CBD Central Business District to MU-C Mixed-Use Core with a master plan for 274 multi-family residential units and 12,422 square feet of retail. PROJECT DESCRIPTION Property Owners: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agents: Brian M. Seymour, Gunster and Mark Richards, Kim ley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6t" Street (see Exhibit "A2") Existing Land Use/ Zoning: Mixed Use-High (MU-H)/ CBD Central Business District Proposed Land Use/ Zoning: Mixed Use-High (MU-H)/ MU-C Mixed Use-Core Proposed Use: Mixed-use project with 274 multi-family units and approximately 12,422 square feet of retail Page 549 of 701 Page 2 GCI Residential REZN 20-002 Acreage: 2.76 acres Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way of SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 6t" Street; West: Right-of-way of Federal Highway, then a mixed use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. BACKGROUND Legacy at Boynton Beach will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan (the Plan). The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The parcels are classified as Mixed-Use High (MXH), the future land use (FLU) category allowing a maximum density of 80 dwelling units per acre (du/ac), and zoned CBD, Central Business District. The developer has requested to rezone the parcels to Mixed Use-Core (MU-C), a zoning designation corresponding to the MXH future land use classification and carrying that classification's maximum density of 80 du/ac. The MU-C is the designation recommended for this location by the Plan. The applicant proposes to develop a mixed-use project with 274 multi-family rental units and approximately 12,422 square feet of ground retail adjacent to Federal Highway. The proposed density of 98 du/ac exceeds the requested zoning's maximum density; however, since the project is located within the Downtown Transit–Oriented Development District (DTODD), the developer—contingent on the participation in the City's Workforce Housing Program—can utilize the DTOD District 25 percent density bonus. 2 Page 550 of 701 Page 3 GCI Residential REZN 20-002 Currently, there are three existing projects within close proximity to the project site that are zoned MU-C, including 500 Ocean, Casa Costa, and Marina Village. In addition, the Ocean One site plan has been approved under the MU-C zoning, but has not yet been constructed. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The requested rezoning of the subject site aligns with the CRA's plan that calls for a vibrant downtown where people can live, work, and play in an environment that's bikeable and walkable. This vision is to be implemented through the development of the highest density and intensity projects within the area, supported by the City's most intense FLU and zoning designations and by the opportunity for additional DTOD District's density bonuses. A heightened rationale for intensification of downtown development has been driven by the planned Coastal Link commuter service station, which the 2012 Florida Department of Transportation's TOD Guidebook would classify as a Community Center station, requiring gross density for between 11 and 16 dwelling units per acre. 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 and Redevelopment Plan The Proposed MU-C zoning district is consistent with the recommendation of the 2016 CRA Community Redevelopment Plan and the City's Comprehensive Plan. The MU-C zoning district is intended to replace the existing Central Business District (CBD) zoned parcels classified as MXH, upon request from the developer. The rezoning is also consistent with the following Comprehensive Plan policies: Policy 1.18.1 The City shall continue to implement the Transit-Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within the Downtown TOD District(a % mile 3 Page 551 of 701 Page 4 GCI Residential REZN 20-002 radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri-Rail Coastal Link service on the FEC Corridor). The inner X-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1.18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian-friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not create an isolated district, nor will it constitute a grant of special privelege to the property owner. As stated in criterion "b", the proposed MU-C zoning designation is consistent with the recommendations of the CRA Plan and Comprehensive Plan and implements the MXH future land use classifcation as identified on the City's Future Land Use Map. All areas north of the proposed project (up to NE 4th Avenue), and west to the FEC tracks and beyond are already carrying the MXH future land use classification, while several nearby developments, either built (Ocean 500, Marina Village and Casa Costa) or approved (Ocean One, The Villages), are already zoned MU-C. The current CBD zoning of the properties assembled for the project is beeing gradually phased out and replaced with mixed-use zoning designations corresponding to MXH and MXM future land use categories. The proposed rezoning would continue implementation of the land use pattern envisioned for the Downtown District by the CRA Plan. Note that the Plan's FLU recommendation for the areas east and south of the proposed project (in the adjacent Federal Highway South District) is the Mixed Use Medium (MXM). This classification carry the maximum density of 60 du/ac. The option of the 25% bonus would further intensify the future redevelopment of these areas. The MXM classification is already on the ground on the north side SE 2nd Avenue, where all properties with the exception of the commercial lot on the corner of SE 2nd Avenue and the Federal Highway are residential and zoned R-3 (Multi-Family), a designation inconsistent with the MXM future land use category. 4 Page 552 of 701 Page 5 GCI Residential REZN 20-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning is a mixed-use high density development whose residents will have access to alternative modes of transportation including Palm Tran bus service along the Federal Highway corridor (with a bus stop located in front of the project), and, eventually, the Coastal Link station. In addition, the project also provides pedestrian connectivity through activated ground retail that supports the development of a pedestrian-friendly downtown and encourages residents and visitors to use a form of active transportation (walking or biking) for short trips instead of a private vehicle. The City's Sustainable Development Standards ordinance requires all projects to incorporate specific required design features (i.e., white roof, warm outdoor lighting, butterfly attracting landscape material, and electric vehicle charging stations). Beyond that, new developments must meet a specified point total by selecting a number of design options across five categories. The point requirements are tiered based on size and type of development. For review of the project's sustainable design features, see the corresponding master plan/site plan 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. This request is for rezoning only. Long-term capacity availability for potable water, sewer, and solid waste was reviewed earlier as a part of the area-wide FLUM amendment following the adoption of the CRA Plan. (The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046.) The traffic impact analysis was submitted to the Palm Beach County Traffic Division, with the findings of 1,769 new daily trips, 59 new am peak hour trips and 138 new pm peak hour trips. The Traffic Division confirmed that, since the subject property is within the Traffic Concurrency Exception Area, it is exempt from the Palm Beach County Traffic Performance Standards. The PBC School District's review of The School Capacity Availability Determination (SCAD) letter submitted by the applicant concluded that there will be no negative impacts on the public school system. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. 5 Page 553 of 701 Page 6 GCI Residential REZN 20-002 f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the response to criterion "c," as well as responses to criteria "a" and "b". The proposed master plan supported by the subject rezoning is compatible in scale and character with several nearby developments, either already built or approved. It is consistent with the vision of the Downtown District embedded in the CRA Plan, and will be compatible with the future redevelopment of the surrounding areas as the implementation of the Plan continues. The project is likely to increase some local property values. The master plan includes features designed to mitigate the negative impacts of the project's incompatible height, bulk and scale on the adjacent low-rise residential properties—a two-story condominium to the east, residential parcels to the south, across from the SE 2nd Avenue, and the Sterling Village community farther south and east of the SE 6th Street. The visual impact of the height of the building is broken down to a smaller scale due to the difference of architectural articulation used at the base, middle, and top of the building. In addition, the project will include on street parking, street trees, and wide sidewalks. For details, see the corresponding staff report. 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) ould.(1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed project generates economic development benefits as it presents an opportunity to become yet another contributor to a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors 6 Page 554 of 701 Page 7 GCI Residential REZN 20-002 to the City. Moreover, the density increase in the DTOD District is essential for support of the future Tri-Rail Coastal Link commuter service. The project has a potential to add a significant contribution to the City's tax base ("g2"). The direct impact on job generation would be modest ("g4"); however, there will be substantial indirect (multiplier) effects through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The subject property is currently classified as Mixed Use-High. The proposed rezoning corresponds to that FLU classification and does not affect the type of land uses allowed on the property. The project includes 12,422 square feet of retail uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no adequate sites elsewhere downtown for a high intensity mixed use project without considerable land assembly efforts. The City's downtown has very little vacant land left. The property is already classified MXH; both the MXH classification and the proposed zoning designation are consistent with the CRA Plan recommendation for the area. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The concurrent master plan and site plan shall comply with the requirements of the MU- C zoning district and the site development standards of Part III (LDR), Chapter 4 prior to the issuance of any permits or certificate of occupancy. For the master plan/site plan review, see the corresponding staff report. 7 Page 555 of 701 Page 8 GCI Residential REZN 20-002 RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and found that it implements the CRA Community Redevelopment Plan and the Comprehensive Plan objectives and policies. Therefore, staff recommends that the subject request be approved. s Page 556 of 701 206 S Federal Highway 625 SE 2nd Ave 0010 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 Bowden INC Sara N Garcia 1622 NE 4th Street 625 SE 2nd Ave#A Boynton Beach, FL 33434 Boynton Beach, FL 33435 SE V Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 One Twelve South Fed Hwy INC Maria CS Ruggeri W Bingham c/o PO Box 1182 3549 Harbor Cir Boynton Beach, FL 33425 Delray Beach, FL 33483 SE V Avenue 625 SE 2nd Ave 0030 08-43-45-27-04-000-0670 08-43-45-27-04-000-0030 Joseph W Scaggs Linda and Christopher Chiodo 728 Casa Loma Blvd 2515 SW 13th Ct Boynton Beach, FL 33435 Boynton Beach, FL 33426 SE 1st Avenue 625 SE 2nd Ave 0040 08-43-45-27-04-000-0710 08-43-45-27-04-000-0040 DSS Properties Howard and Marianne Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 557 of 701 Federal Highway 08-43-45-27-04-000-0131 Francisco and Olga Solis 80 SW 15th Court Boca Raton, FL 33486 212 S Federal Highway 08-43-45-27-04-000-0150 Downtown Properties of South Florida LLC 4283 Fox Trace Boynton Beach, FI 33436 Page 558 of 701 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 559 of 701 Exhibit B LEGACY AT BOYNTON BEACH: FUTURE LAND USE E-Ocean-Ave MEDR _ , SE 1-st-Ave � t� I W SITE � S E i2 nd Ave N d-Ave Legend MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) MIXED USE MEDIUM (MXM), 50 D.U./Acre I MIXED USE HIGH (MXH), 80 D.U./Acre 0 45 90 180 270 1 Exhibit C1 LEGACY AT BOYNTON BEACH: CURRENT ZONING E-Ocean-Ave a _ SE=1-St=Ave W W SI ME 0 W ------ --SE i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 1 Exhibit C2 LEGACY AT BOYNTON BEACH: PROPOSED ZONING E-Ocean-Ave a = SE=1-St=Ave W W SI E 0 W U S E i2 nd Ave id- Ave--Legend Zoning R3 Multi Family, 11 du/ac s C3 Community Commercial t CBD Central Business District MU-C Mixed Use Core, 80 du/ac 0 45 90 180 270 1 EXHIBIT D. CRA PLAN FLU RECOMMENDATION ` ' FOR LEGACY AT BB SITE I �.YC I � � f mar ' til I ry t � P $ � r � w R....5onal(R) t i {x. - - Indusinal (1? Low Density Residential(LDR)5 du/ac 1Medum Density Residential(MDR)11 du/ac High Density iResidential(HDR)15 dulac =Special High Density Residential(SHDR)20du/ac Instiluationa9(PPGI) 9 f :,Local Retail Commercial(LRC) General Commercial(GC) ( j,,J�`, 't+�r�+l fxed Use Low(MUL)20 dulac Mixed Use Medium(MUM)50 dulac MMered Use High(MUH)80 du/ac TOD � f. Figure 43: Recommended Land Use for the Downtown District 87 Page 563 of 701 8.D. PUBLIC HEARING 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Ordinance No. 20-035 - First Reading - Approve Legacy at Boynton Beach (ABAN 20-009) abandoning a portion of the improved 45 foot wide right-of-way of SE 11t Avenue running east from Federal Highway for a distance of approximately 175 feet. Applicant: Evan Vlaeminck of GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) Explanation of Request: The applicant is requesting to abandon (ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1St Avenue extending from Federal Highway east for a distance of approximately 175 (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20- 003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the attached analysis, staff has determined that the subject right-of-way no longer serves a public purpose other than retention of a utility easement, if warranted and therefore recommends APPROVAL of the request, subject to the accompanying conditions. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Page 564 of 701 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving abandonment of a portion of the 45 foot ROW D Staff Report Staff Report D Location Map Exhibit A® Location Map D Location Map Exhibit B -Abandonment Area D Drawings Exhibit C ® Survey D Conditions of Approval Exhibit D ® Conditions of Approval Page 565 of 701 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ABANDONMENT OF A PORTION 5 OF THE IMPROVED 45 FOOT WIDE RIGHT-OF-WAY OF 6 SOUTHEAST 1sT AVENUE RUNNING EAST FROM FEDERAL 7 HIGHWAY FOR A DISTANCE OF APPROXIMATELY 175 FEET; 8 AUTHORIZING THE CITY MANAGER TO EXECUTE A 9 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 10 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 11 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, Applicant is requesting abandonment of a portion of the improved 45- 14 foot wide right-of-way of SE Pt Avenue extending from Federal Highway east for a distance 15 of approximately 175 feet; and 16 17 WHEREAS,staff has determined that the requested abandonment would not adversely 18 impact traffic or other City functions, and would not adversely impact other adjacent property 19 owners; and 20 21 WHEREAS, comments have been solicited from the appropriate City Departments, 22 and public hearings have been held before the City Commission on the proposed abandonment; 23 and 24 25 WHEREAS, staff has determined that the subject right-of-way no longer serves a 26 public purpose other than retention of a utility easement, if warranted and therefore 27 recommends approval of the request, subject to the accompanying conditions. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 31 32 Section 1. The foregoing whereas clauses are true and correct and incorporated 33 herein by this reference. 34 35 Section 2. The City Commission of the City of Boynton Beach, Florida, does 36 hereby abandon a portion of the improved 45 foot wide right-of-way of SE Pt Avenue running 37 east from Federal Highway for a distance of approximately 175 feet. The property being 38 abandoned is more particularly described as follows: 39 40 PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE 41 A PORTION OF THE RIGHT-OF-WAY OF SE ist AVENUE LYING BETWEEN LOT 8, 42 LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 43 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT 44 THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF 45 PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS 46 FOLLOWS: 47 {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy).docx Page 566 of 701 48 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 49 00000'00"EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID 50 LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66;THENCE NORTH 51 88046'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 52 ALSO BEING THE NORTH LINE OF SAID LOTS 66,65,AND 9,FOR 174.99 FEET TO A 53 POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US 54 HIGHWAY NO. 1); THENCE NORTH 00000'00"WEST ALONG SAID EAST RIGHT-OF- 55 WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY 56 EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 57 88046'20"EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE I st AVENUE, 58 ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO 59 THE POINT OF BEGINNING. 60 61 ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON 62 BEACH,PALM BEACH COUNTY,FLORIDA AND CONTAINING 7,875 SQUARE FEET, 63 MORE OR LESS. 64 65 Section 3. The City Manager is hereby authorized and directed to execute the 66 attached Disclaimer and cause the same to be filed,with this Ordinance, in the Public Records 67 of Palm Beach County, Florida. 68 69 Section 4. This Ordinance shall take effect immediately upon passage. 70 71 FIRST READING this day of October, 2020. 72 73 SECOND, FINAL READING AND PASSAGE THIS day of October, 2020. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 77 YES NO 78 Mayor— Steven B. Grant 79 80 Vice Mayor—Ty Penserga 81 82 Commissioner—Justin Katz 83 84 Commissioner—Woodrow L. Hay 85 86 Commissioner— Christina L. Romelus 87 88 VOTE 89 ATTEST: 90 91 92 Crystal Gibson, MMC 93 City Clerk 94 95 96 (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy).docx Page 567 of 701 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the improved 45 foot wide right-of-way of SE lst Avenue running east from Federal Highway for a distance of approximately 175 feet. The property being abandoned is more particularly described as follows: PORTION OF RIGHT OF WAY KNOWN AS SE IIT AVENUE A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9,LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS",ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9,PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00000'00" WEST ALONG SAID EAST RIGHT-OF-WAY,LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88046'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95,FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of October, 2020. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy).docx Page 568 of 701 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: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Legacy).docx Page 569 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-023 TO: Chair and Members Planning & Development Board FROM: Amanda B. Radigan Principal Planner THRU: Ed Breese Planning & Zoning Administrator DATE: September 15, 2020 SUBJECT: Request for abandonment of a portion of the improved 45 foot wide right-of- way of SE 1St Avenue running east from Federal Highway for a distance of approximately 175 feet (ABAN 20-009). BACKGROUND The applicant, Evan Vlaeminck with GCI Acquisitions LLC is requesting to abandon(ABAN 20-009) a portion of the improved 45-foot wide right-of-way of SE 1 st Avenue extending from Federal Highway east for a distance of approximately 175 feet (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a New Site Plan Application (NWSP 20-003) and a Rezoning Application (REZN 20-001) for a proposed mixed-use project, Legacy at Boynton Beach, which contains 274 dwelling units and 12,422 square feet of commercial space. This abandonment is for the following platted street segment: A PORTION OF THE RIGHT-OF-WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20"WEST ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00"WEST ALONG SAID EAST RIGHT-OF-WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. ALL OF SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. The location map attached as Exhibit "A" shows the general vicinity of the right-of-way to be abandoned. The attached Exhibit "B"- "Proposed Abandonment" shows the location of the subject property and Exhibit"C" is a Boundary Survey of the portion of the right-of-way to be abandoned and its legal description. Page 570 of 701 Page 2 Memorandum No. PZ 20-023 ABAN 20-009 The following is a description of the zoning districts and land uses of the properties that surround the subject request. The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: North: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of MU-Core (Mixed Use Core). South: Portion of the proposed Legacy at Boynton Beach development with a Future Land Use classification of Mixed Use High (MXH) and a proposed Zoning designation of Mixed Use Core (MU-C). East: The continuation of the right-of-way for SE 1St Avenue, then farther east developed multifamily with a Future Land Use classification of Medium Density Residential (MEDR) and a Zoning designation of Multifamily (R-3). West: Right-of-way for Federal Highway, then farther west a developed mixed-use project known as 500 Ocean Future with a Future Land Use classification of Mixed Use High (MXH)and a Zoning designation of Mixed Use Core(MU-C). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection Public Works/Utilities No objection, with the provision of the relocation of the existing utilities (see Exhibit D) Planning and Zoning No objection, with recommended condition (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and/or relocation of utilities are necessary they will be at the developer's cost. AT&T No objection, with conditions (see Exhibit D) Florida Public Utilities No objection Comcast No objection, with conditions (see Exhibit D) Windstream No objection Page 571 of 701 Page 3 Memorandum No. PZ 20-023 ABAN 20-009 RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions based on the remaining street network in the immediate vicinity and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segment, located within the confines of the proposed development of Legacy of Boynton Beach, no longer serves a public purpose other than retention of necessary utility easements, if warranted and therefore recommends APPROVAL of the request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\—Staff Report\_Staff Report ABAN 20-009.doc Page 572 of 701 Exhibit A PROPOSED ABANDONMENT - GENERAL LOCATION , VI : !� b - #� f § L W _ s 1 s,. I ff r Page 573 of 701 Exhibit B PROPOSED ABANDONMENT �- �� ) 75 )� -- �• �9s�y�(t lis}� t �,}sS�F1(� ) � � � �� - a 5 $r� y SSE� 1st Ave �� S p P t r I �s r 4' _ �•�_ �, � its�s , y Page 574 of 701 EXHIBIT "C" rim SKETCH AND LEGAL DESCRIPTION BY PULICE LAND SURVEYORS, INC. 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777®FAX: (954) 572-1778 E—MAIL: surveys©pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 LEGAL DESCRIPTION: (RIGHT-OF-WAY VACATION) A PORTION OF THE RIGHT—OF—WAY OF SE 1st AVENUE LYING BETWEEN LOT 8, LESS THE WEST 25 FEET AND LOTS 95 AND 96 AND LOT 9, LESS THE WEST 25 FEET AND LOTS 65 AND 66 OF "THE LAWNS", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 95; THENCE SOUTH 00°00'00" EAST ALONG THE SOUTHERLY PROJECTION OF THE EAST LINE OF SAID LOT 95 45.01 FEET TO THE NORTHEAST CORNER OF SAID LOT 66; THENCE NORTH 88°46'20" WEST ALONG THE SOUTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE NORTH LINE OF SAID LOTS 66, 65, AND 9, FOR 174.99 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO. 1); THENCE NORTH 00°00'00" WEST ALONG SAID EAST RIGHT—OF—WAY, LYING 25.00 FEET WEST OF AND PARALLEL TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID LOT 9 FOR 45.01 FEET; THENCE SOUTH 88°46'20" EAST ALONG THE NORTH RIGHT—OF—WAY LINE OF SAID SE 1st AVENUE, ALSO BEING THE SOUTH LINE OF SAID LOTS 8, 96, AND 95, FOR 174.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA AND CONTAINING 7,875 SQUARE FEET, MORE OR LESS. NOTES: 1) BEARINGS ARE BASED ON AN ASSUMED MERIDIAN WITH THE EAST RIGHT—OF—WAY LINE OF SOUTH FEDERAL HIGHWAY (US HIGHWAY NO.1) BEING N00°00'00"W. 2) THIS IS NOT A SKETCH OF SURVEY AND DOES NOT REPRESENT A FIELD SURVEY. 3) THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4) ALL RECORDED DOCUMENTS ARE PER THE PUBLIC RECORDS OF PALM BEACH COUNTY. FILE: Cl RESIDENTIAL SHEF 1F 2 ,; THIS �:/tH I:ELALN NOR SCALE: N/A DRAWN: L.S. CpMPHD 2 ORDER NO.: 67201DATE: 5/18/20RIGHT-OF-WAY VACATION OHN �dPULICE, PROFESSIONAL SUA91❑ BET ° BURNS, PROFESSIONAL SURVPNBEACH,PALM BEACH COUNTY,FLORIDA ❑ VISOR R. GILBERT, PROFESSIONAL S6274 I RESIDENTIAL SITE STATE OF FLORIDA FOR: GC Page 575 of 701 EXHIBIT "C" cis SKETCH AND LEGAL DESCRIPTION cm BY SURVEYORS,PULICEE LAND 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 TELEPHONE: (954) 572-1777•FAX: (954) 572-1778 E-MAIL: surveys0pulicelandsurveyors.com CERTIFICATE OF AUTHORIZATION L13#3870 I=W LOT 5 LOT 96 LOT 95 N�. EAST LINE 1 I LOT 95 LOT 6 POINT OF LOT 94 LOT 93 LOT 92 LOT 91 LOT 90 LOT 89 LOT 88 25' BEGINNING ~1 LOT 7 SE'CORNER I THE I LAWNS" — LOT 95 PLAT BOOK 9, PAGE 69 LOT 8 SOUTH LINE r. L� LOTS 8, 95, 96 LU — Q r r �e O- NORTH RIGHT- O t� SqE 1 Sty YE , g/ o O OF-WAY LINE Ca L Z N8846'20'W 174.99' o SOUTH RIGHT- 07T IGHT- _ O C OF-WAY LINE NORTHI66 NE CORNER�65 U_ ILOT 10 ] LOT 66 ®_ X30 EAST LOT 66 wc'6LOT 67 LOT 68 I LOT 69 LOT 70 LOT 71 LOT 72 LOT 73 j 11� LOT 65 LOT 66 "THE LAWNS"I �I 5' _ LOT 12 PLAT BOOK 9, PAGE 69 =Iw = LOT 13-+ � - - - —+ — � - - -� — - - - - � �Q Wo LOT 14� LOT 64 LOT 63 LOT 62 LOT 61 LOT 60 LOT 59 LOT 58 LOT 57 LOT 56 LOT 15� LOT 16 SE 2nd AVENUE FILE: Cl RESIDENTIAL $I-IEE"r 2 OF 2 THIS DOCUMENT IS NEITHER FULL OR SCALE: 1°'=80° DRAWN: L.S. COMPLETE WITHOUT SHEETS 1 AND 2 ORDER NO.: 67201 DATE: 5/18/20 RIGHT-OF-WAY VACATION BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA FOR: GCI RESIDENTIAL SITE Page 576 of 701 EXHIBIT "D" Conditions of Approval Project Name: Legacy at Boynton Beach File number: ABAN 20-009 Reference: 41h review of plans identified as a Abandonment 20-009 with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ UTILITIES Comments: 1. Per the City Utility Department, the approval of the requested abandonment is contingent on the relocation of the existing X utilities. PLANNING & ZONING Comments: 2. The approval of the requested abandonment is contingent on the permitting and construction of the project within the allowable X timeline permitted by the Development Order and/or the Building Division. UTILITY COMPANIES Comments: 3. Per Comcast, a new easement is required to replace the existing fiber and coax cable; the developer will be responsible for X associated cost. 4. Per AT&T, active service on property 625 SE 2nd Avenue must be X disconnected before demolition. 5. FP&L has not responded to the request for abandonment as of the date of this report. If easements and relocation of utilities are X necessary the developer will be responsible for associated cost. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)WBAN 20-009\_StaffReport\Exhibit D-COA ABAN 20-009.doc Page 577 of 701 8.E. PUBLIC HEARING 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Approval of Legacy at Boynton Beach (NW SP 20-003) new site plan application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. Applicant: Evan Vlaeminck, GCI Acquisitions LLC. (The applicant is requesting to table this item to the October 20, 2020 Commission meeting.) Explanation of Request: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to rezone the property from CBD (Central Business District) to Mixed-Use Core (MU-C). The second application, NWSP 20-003, is for New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25%. Lastly, an application for the Abandonment(ABAN 20-009) of a portion of SE 1st Avenue, east of Federal Highway has been submitted. The proposed project's main vehicular access point is located at SE 2nd Avenue, east of Federal Highway, with a secondary access point on SE 1St Avenue. The project's access design is contingent on the approval of three (3) Engineering Waivers. The architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the coastal architectural style. At the September 22, 2020 Planning & Development Board meeting the Board recommended to not approve the item. How will this affect city programs or services? There will be no impact on City programs or services requiring capacity expansion. Fiscal Impact: The project will expand the City's tax base. Page 578 of 701 Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit ExhibitAl ® PCN and Owner List D Location Map Exhibit A2 ® Location Map D Drawings Exhibit B ® Project Plans D Conditions of Approval Exhibit C ® Conditions of Approval D Development Order Development Order Page 579 of 701 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-019 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda B. Radigan, Principal Planner Craig Pinder, Planner II DATE: September 16, 2020 PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) REQUEST: Approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. PROJECT DESCRIPTION Property Owner: Multiple Owners (see Exhibit Al) Applicant: Evan Vlaeminck, GCI Acquisitions LLC Agent: Brian M. Seymour, Gunster and Mark Rickards, Kimley Horn Location: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street (see Exhibit "A2" — Site Location Map) Existing Land Use: Mixed Use-High (MXH) Proposed Land Use: MXH (Mixed Use High) Existing Zoning: CBD (Central Business District) Proposed Zoning: MU-C (Mixed Use Core) Proposed Use: Mixed use development with 274 multi-family units, approximately 12,422 square feet of commercial space, recreational amenities, parking, and other related site improvements. Acreage: 2.76 acres Page 580 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 2 Adjacent Uses: North: Developed commercial properties, classified Mixed Use-High (MXH) and zoned CBD, Central Business District; farther north, the right-of-way for Ocean Avenue; South: Right-of-way for SE 2nd Avenue, then developed commercial property classified Mixed Use-Medium (MXM) and zoned CBD, Central Business District, and developed rental residential properties classified Mixed Use-Medium (MXM) and zoned R-3 Multi-Family; further south, the residential community of Sterling Village Condominiums, classified Medium Density Residential (MEDR) and zoned R3; East: On the northeast, developed commercial properties classified MXH, Mixed Use-High and zoned CBD, Central Business District; on the southeast, a multifamily development (Sea Terrace Condominiums), also under the MXH and CBD designations; farther east, the right-of-way of SE 61h Street; and West: Right-of-way of Federal Highway, then a mixed-use project (500 Ocean), classified Mixed Use-High (MXH) and zoned MU-C, Mixed-Use Core. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Legacy at Boynton Beach is a proposed mixed-use development that will be situated on 2.76 acres located within the Downtown District as defined by the CRA Community Redevelopment Plan. The project site is an assembly of properties consisting of nine (9) developed and undeveloped parcels, including one story retail, office, and residential multi-family units. The applicant is requesting approval of several concurrent applications for the development of Legacy at Boynton Beach (see the respective staff reports). The first application, REZN 20-001, is to 2 Page 581 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 3 rezone the property from CBD (Central Business District) to Mixed- Use Core (MU-C). The second application, NWSP 20-003, is for a New Site Plan approval, which proposes an 8-story mixed-use development consisting of 12,422 square feet of ground floor commercial space adjacent to Federal Highway, 274 multi-family residential units, and a supporting parking garage with 510 parking spaces. The developer is proposing to participate in the Workforce Housing Program which allows a density bonus of 25% (see Exhibit C —Conditions of Approval). Lastly, an application for the Abandonment (ABAN 20-009) of a portion of SE 1St Avenue, east of Federal Highway has been submitted. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The project would generate 1,769 new daily trips with 59 AM peak trips and 138 PM peak trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity would meet the projected potable water demand for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. The Fire Department has requested additional information to ensure that the drive aisles and turnarounds are meeting the City's requirements (see Exhibit C—Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. 3 Page 582 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 4 The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Additionally, the project has the opportunity to utilize the Downtown Stormwater improvement Watershed for a fee-in-lieu-of capital contribution (see Exhibit C — Conditions of Approval). Access: The proposed project's main vehicular access point is located on SE 2nd Avenue with a secondary access point on SE 1St Avenue. The projects access design is contingent on the approval of three (3) Engineering Waivers. The first Engineering Waiver is a request to reduce the driveway throat depth from the required 100 feet to 60 feet; the second request is to waive the require 12-foot-wide left turn lane for the left turn movement into the garage on SE 2nd Ave; the last request is to reduce the required 22-foot width of SE 2nd Ave to 20.9 feet (see Exhibit C — Conditions of Approval). A portion of SE 1St Avenue is proposed to be abandoned (refer to concurrent application ABAN 20-009) and will no longer connect to Federal Highway, but instead will provide direct access to the parking garage. In addition, the project also provides 20 on-street parking spaces to serve the retail uses on the first floor of the project. Sidewalks are provided along all street rights-of-way. The proposed sidewalks are a minimum of ten (10) feet in width and are lined with street trees for shade. The sidewalk along Federal Highway also abuts a covered eight (8) foot active area that may be used for outdoor dining and commercial uses. The project also proposes a private dog park along the eastern property line and a hardscaped plaza along the north property line to encourage pedestrian activity along the ground floor. There is limited pedestrian access from SE 2nd Avenue into the private amenities for the residents. Parking: Off-street parking for the MU-C zoning district requires 1.33 parking spaces for studios and one-bedroom units, and 1.66 parking spaces for two (2) or more bedroom units. The project proposes 274 units (155 studios and one-bedrooms, and 119 two and three-bedrooms), which would require 404 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 41 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 12,422 square feet of retail, thereby requiring an additional 63 parking spaces (see Exhibit C — Conditions of Approval). In addition to this, the developer will maintain a parking agreement with Two George's to provide 20 parking spaces 4 Page 583 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 5 for their use. Under this standard methodology for calculating required off-street parking spaces, a grand total of 528 parking spaces would be required. The site plan proposes 530 parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90-degree parking and 8 feet by 22 feet for parallel spaces. The applicant is proposing a seven (7)-story parking garage that would accommodate up to 510 vehicles. A resident gate would be placed in the garage with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents to minimize the use of the retail parking spaces by residents. This requirement shall be monitored and enforced by the developer (see Exhibit C — Conditions of Approval). There are an additional 20 on-street parking spaces; ten (10) on Federal Highway; and ten (10) on SE 2nd Avenue. Landscaping: The Plant List (Sheet L200) indicates that the project would add a total of 100 canopy and palm trees, 297 accent and shrub specimens, and 1,469 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Cathedral Live Oak, Natchez Crape Myrtle, Gumbo Limbo, Pigeon Plum, Yellow Bells, Cabada Palm, Alexander Palm, Royal Palm, and Sabal Palmetto. The applicant has chosen Coontie, Milkweed, and Firebush as butterfly attracting plants. Projects proposed in the Mixed-Use Core (MU-C) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and optimize the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed around the private terraces and along the building foundation, and street trees placed between 5 Page 584 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 6 the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Lastly, a 15-foot wide urban landscape buffer is provided along the east property line; a wall is required within the buffer to mitigate impact to the adjacent property (see Exhibit C — Conditions of Approval). Building and Site: The proposed site area totals 2.76 acres. The proposed mixed-use buillding contains 274 dwelling units which are located above the retail spaces fronting Federal Highway and wrapping a central parking garage. Along SE 2nd Ave the building creates a large courtyard which allows for the ground floor amenity deck to be visable from the unit balconies. The retail portion of the project totals 12,422 square feet and provides an elevated covered arcade adjacent to Federal Highway. As noted previously, the parking garage has seven (7) levels of parking, with dedicated resident parking. A portion of the parking garage is visable from SE 1 st Ave and is to be treated with a landscaped wall feature (see Exhibit C — Conditions of Approval). Of the 274 residential units, 20 are studio, 135 are one (1) bedroom, 93 are two (2) bedroom, and 26 are three (3) bedroom units. The units range in size from 650 square feet to 1,350 square feet. Each unit also has a balcony or terrace that either faces out towards the street or in towards the ground floor amenity deck. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use Core (MU-C) zoning district has a maximum FAR of 4.0. The project is also located within the"Transit Core" (1/4 mile radius of the planned station), which requires that new development have a minimum density of 40 dwelling units per acre; the project proposes a density of 99.3 du/ac. (based on a 25% density bonus gained from particpation in the Work Force Housing Program) and a minumum FAR of 2.0; the project has a proposed FAR of 2.91. Building Height: The maximum building height allowed in the MU-C (Mixed Use Core) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the mixed-use building at eighty-four (84)feet, with an overall height of approximately ninety-four(94)feet, 56 feet below the maximum allowable height. Along Federal Highway, the proposed building elevations show that the building steps back ten (10) feet at an approximate height of twenty-six (26) feet and then extends to its overall height. 6 Page 585 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 7 Setbacks: The MU-C zoning district requires no building setbacks, but rather a zero (0) build-to line with accommodation of the required pedestrian zone. The Land Development Regulations requires the building to be setback to allow for an enhanced public realm that includes 2.5 feet— 5 feet for street trees, 10 feet for sidewalks, plazas, and 8 feet for active areas such as outdoor seating and retail uses. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is between 23 feet and 25 feet. Along SE 2nd Avenue, the building setback is between 3.4 feet and 3.9 feet except for the areas of the ground floor amenity deck, which is setback to approximately 85 - 120 feet. The building setback along SE 1St Avenue is approximately 5 - 14 feet. The eastern property line abuts the adjacent property where the setback is 30 feet and includes a dog park with landscaping. Lastly, the building is setback between approximately 26 and 62 feet from the northern property line to allow for the required useable open space. Amenities: As noted above, the project proposes a hardscaped plaza at the northern end of the project which connects to the pedestrian zone along Federal Highway. In addition, a covered active area is proposed along Federal Highway to encourage a mixture of active uses along the exterior of the ground floor retail spaces, and pedestrian zones abut SE 1St Avenue and SE 2nd Avenue. The pedestrian zones include a street tree area, sidewalks, active areas and covered walkways. The project has been designed with a large interior courtyard for resident use, containing the community pool, outdoor lounging areas, and lush tropical landscaping. The private amenities located within the building will include a host of programmed spaces on the ground floor and a rooftop amenity for the residents' enjoyment.The developer will also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project (see Exhibit C— Conditions of Approval). Design: The intended architectural style for the project is a mid-rise modern interpretation of"Coastal" architecture, which is a variation of Florida Vernacular Architecture. This architectural style fosters a sense of place and identity for the district. The project features a strong vertical base which interacts with the pedestrian zone along Federal Highway and provides shade and protection. The upper portions of the building include separate vertical elements that create a scale consistent with the 500 Ocean development. The project's materials include simulated weathered wood planks, clear glass at the retail level, black Page 586 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 8 window frames, vertically-oriented windows and subtle tan tones that create a warmth to the building while maintaining clean lines. The materials and finishes are consistent with the Coastal architectural style. The mixed-use projects are designed to create a pedestrian-friendly environment by placing the buildings along the pedestrian zones and articulating the building mass to avoid a repetitive, continuous, monotonous building block. The building mass fronting SE 2nd Avenue steps back and wraps the ground floor amenity deck, creating a break in the building mass. This approach mitigates the impact of the building's height on the multifamily properties to the south. Along Federal Highway, the building maintains its mass along the length of the road and varies in height to create tower elements at the north end, middle, and south end of the building. As mentioned previously, the building facing Federal Highway is stepped back ten feet at a height of 26 feet in order to move the mass of the building farther from the pedestrian environment. Sustainability: Mixed use developments must achieve a minimum of 25 sustainability points (see Exhibit "C" — Conditions of Approval). The development proposes to satisfy the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Heat Island Reduction - 75% of the non-roof -impervious site 6 Efficient Cooling - All air conditioners are Energy Star qualified. Minimum SEER 16. 2 Building Color - Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. 2 Lighting - Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting. 1 Energy star appliances - All appliance with in a building are 100% energy star. 2 Recycle & Waste Reduction Recycle Content in infrastructure For all new roadways, parking lots, sidewalks, and curbs. 2 8 Page 587 of 701 Legacy at Boynton Beach (NWSP 20-003) Memorandum No PZ 20-019 Page 9 Recycle station \ dumpster area Recycle chute(s) in Mixed Use Districts and dumpster, which include a recycle station. 1 URBAN NATURE Green Wall - Provide a minimum of 600 square feet of an irrigated vegetated wall, which is visible from right- of-way or private amenities. 4 TRANSPORTATION Parking Structure At least 75% of the development's total number of required off-street parking spaces is contained in a parking deck or garage. 2 Electric Charging Stations - Provide four (4) over the required number of electric car charging stations. 4 Total Points 26 Lighting: The photometric plans (Sheets PH-1 & PH-2) include 19 freestanding pole light fixtures, with pole height of 20 feet. The condition of approval requires the ground level poles and fixtures to match the design of the existing poles and light fixtures along 500 Ocean and Casa Costa. In addition, the condition of approval requires the spot reading to be a maximum of 5.9 foot-candles (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Team regarding the art and its placement. The project proposes Public Art throughout the site including utilizing the building walls, site fountains, public courtyards and walkways. RECOMMENDATION Staff has reviewed this request for a New Site Plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\—Staff Report\_Legacy at Boynton Beach Staff Report(NWSP 20-003)DRAFT.doc 9 Page 588 of 701 EXHIBIT Al — List of Owners & PCNs 206 S Federal Highway 625 SE 2nd Ave 0010 Federal Highway 8-43-45-27-04-000-0090 08-43-45-27-04-000-0010 08-43-45-27-04-000-0131 Bowden INC Sara N Garcia Francisco and Olga Solis 1622 NE 4th Street 625 SE 2nd Ave#A 80 SW 15th Court Boynton Beach, FL 33434 Boynton Beach, FL 33435 Boca Raton, FL 33486 SE 1St Avenue 625 SE 2nd Ave 0020 08-43-45-27-04-000-0650 08-43-45-27-04-000-0020 212 S Federal Highway One Twelve South Fed Maria CS Ruggeri 08-43-45-27-04-000-0150 Hwy INC 3549 Harbor Cir Downtown Properties of W Bingham c/o PO Box South Florida LLC 1182 Delray Beach, FL 33483 4283 Fox Trace Boynton Beach, FL 33425 625 SE 2nd Ave 0030 Boynton Beach, FI 33436 SE 1St Avenue 08-43-45-27-04-000-0030 08-43-45-27-04-000-0670 Linda and Christopher Chiodo Joseph W Scaggs 2515 SW 13th Ct 728 Casa Loma Blvd Boynton Beach, FL 33426 Boynton Beach, FL 33435 625 SE 2nd Ave 0040 SE 1St Avenue 08-43-45-27-04-000-0040 08-43-45-27-04-000-0710 Howard and Marianne DSS Properties Spencer 728 Casa Loma Blvd 731 NE 12th Terrace Apt 1 Boynton Beach, FL 33435 Boynton Beach, FL 33435 Ocean Avenue SE 2nd Ave 08-43-45-27-04-000-0610 08-43-45-27-04-000-0630 Francisco and Olga Solis Francisco and Olga Solis 80 SW 15th Court 80 SW 15th Court Boca Raton, FL 33486 Boca Raton, FL 33486 Page 589 of 701 LOCATION MAP Exhibit A2 sst at z ' s� mx W s F E Ocean Ave Id r S�i• ��'`f��1 3ti�� ,.tG4 � SSE 1stFAV e f. h ii s 5 r � SE-2nd Ave i -4 l�tils5 �� 5 r� Page 590 of 701 Exhibit B — Project Plans Page 591 of 701 oZOL/eo/6o�Ltl°HHf 1j HOV36 NOLNd09 IN" sosce OII IVUN30232J IOS w o oz �N�53�d�� N ��ozo�� sw erv�Nw�,ti oma.a3 � Nd1d �l�s ao�a3avd3ad o 'ad'dwntaoe avnwsor Noaoa adas� �OV39 UJOH��(Aalwi000zaoeL NOINAOS J.OVSEI1 v ��3�oad HHH 6R F� W - J U u v a� <m pAQ< mss 133aiS H19 35 s _ El 6.0 �uw r w w0. 1 1 ea - � nnenen a nnn �a m8 u yu d - 3 t d'3=^ LLEo� T 11 NO u o z ®I g o..o.o-o.E� �LLLL oz��c ----49999499--,0 - �Wd � o000000000aownu w ooa000 E > n 4g 'a �C mao 0-0 4 - 55 m - a a<IrW a --g x� `$ Z w p W 0 g �zzs �zz= - LL H FT Hm eff s o. n W w v . , g a nZ h € W k H f 23 I OY o{ m e , b b mmm.m mmmmmmm,. o � E mmmm ..,,"":`.:=4 /.VMH`JIH ]Vd343J 5 ... .. ... 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"sa,a sf 701 odNdaa NddoOs— „aaSod,aad„o,aPsaa » OOOz«06, ,a,e 0=ez OZOze0,aawa,aaS ,d N�a Nroaa NNdd0= e_N,7R 8❑ =n.Rp^ a s � w d r Lll §za8®a;8 U v 20 Na oz rc _____________________________ i ' � t u ti 00 ma _ 17 ! r. E m xl W Nm LLLL�� E�m t 40000 � uF v n� Iv o , q w v p a Eo w 'o mY — s� o= �m �a =�vo �v z E gva�000 n LLL i. IM 41 y LJ M ... .m m�m 1/7 1 NI[ � � Page 59 of 701 b ^ �kW hs-tli E� u aa� ------------------- -7a, x Hill HIM �� r ��, n' v 1111111■I'A� �P � :� r, ■�:1�:1�1 I � I NO OUR WHOM 4 ' n I 4A, � } f 77 �i qctcc�d q O�UA09 '4-�H V�—N -M J-xdnO,'d 0 NN I(I S, °1e e�OeeSBZ HDV39 NOiN),O9 iV),:)VE)31 earns l3VdWl wnslA U t Fa Page 601 of 01 EXHIBIT "C" Conditions of Approval Project Name: Legacy at Boynton Beach (GCI Residential) File number: NWSP 20-003 Reference: 41h review of plans identified as a New Site Plan with a September 8, 2020 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. City has received an Engineering Waiver request for the driveway X throat depth at the SE 2nd Ave access. The plan appears to have 60 ft in lieu of the required 100 ft. Please provide additional information to support the request. The project is conditioned on the waiver's approval. 2. The left turn movement into the parking garage on SE 2nd Avenue X may require a 12 foot wide left turn lane. Prior to permitting revisions to the design of SE 2nd Avenue are required or the submittal of an Engineering Waiver Request. 3. SE 2nd Ave shall be 22' wide per the City's Engineering Handbook X Detail P-1 "Roadway Design Criteria". The current proposal does not meet this requirement. There is existing back-out parking on the south side of the road that is encroaching onto the ROW. If this cannot be met submit an Engineering Waiver Request with an engineer's justification an opinion regarding any added safety elements included in this design that will allow these spaces to continue to function safely. 4. Prior to construction, developer shall submit a construction staging X plan to the Engineering Department. The plan shall indicate the approach to construction parking, materials staging and other aspects of construction coordination. The plans shall also indicate what will be done to keep traffic from using the driveway between 618 and 630 E Ocean Drive to access the GCI site during and after construction. 5. Prior to building permit approval, the Developer shall provide X evidence of screening the residential windows along the south side of SE 2nd Avenue, specifically 610 SE 2nd Avenue, from vehicle headlights. 6. Prior to building permit approval provide a plan and document X detailing the parking configuration and locating where residents, visitors, employees, and retail customers will park in the parking garage, and the location of access gates. Should the gates cause traffic to stage into the City's right-of-way, post development, the City reserves the right to require the removal or relocation of the gates at the Developers expense. Page 602 of 701 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 2 of 5 7. Prior to permitting the site drainage calculations and plans, X including any existing drainage the site may be receiving from off- site, shall be submitted and approved by the City and the SFWMD and/or DEP. Should the drainage design require changes to the site plan, the developer shall be required to apply for a site plan modification. 8. Note that the existing 48" RCP in the FDOT ROW is the main trunk X line serving 500 Ocean and NE 4th St basin and cannot be taken out of service and rerouted without an acceptable temporary bypass. 9. The trash service shall be a dock height, roll off type compactor X unit. Provide a narrative that describes how trash removal will be handled for the project. Be sure to discuss residential, retail and City Sanitation Division perspectives. How and where will bulk trash be handled? 10. Prior to permitting provide a narrative describing how the delivery X area will be used and what steps will be taken to keep vehicular access open at all times. Note that services provided to this site will need to be able to be provided without accessing private property. 11. Provide an AutoTurn simulation for the City's ASL solid waste X trucks. 12. The access to the dumpster is designed as the City's standard X detail for a Shunt turnaround (see detail P-11). This detail requires a 50 ft stub out with a 30' radius. Revise plans accordingly. 13. Relocate the proposed fire hydrant across the street from the X loading zone further east as its current location interferes with the turning radii. 14. The developer is responsible for replacing the existing FPL street X lighting with underground wires and decorative street lighting to match the west side of Federal Highway and City standards. 15. If the project is utilizing the Downtown Stormwater improvement X Watershed then provide documentation that shows there is available capacity. The "fee-in-lieu-of" capital contribution for properties utilizing the installed storm water treatment and/or conveyance facilities within that watershed are as follows: A. Capital cost per impervious square food for water quality is $2.05 B. Capital cost per impervious square foot for water quantity is $0.18 C. Total capital cost per impervious square foot for Water Quality and Quantity is $2.23. The Fee shall be paid prior to the issuance of a building permit for new construction and/or redevelopment in the Downtown Page 603 of 701 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 3 of 5 Watershed. FIRE Comments: 16. Provide a detail of the proposed fire engine turnaround on 1St X Avenue, include all the applicable dimensions. 17. Provide a plan showing a 300' radius from the center of each fire X hydrants to ensure Code 9-32b is being met. 18. Provide a note on the plans that states access roads shall be X provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft from fire department access roads as measured by an approved route around the exterior of the building or facility. With automatic sprinklers the distance is increased to 450' NFPA 1- 18.2.3.2.2 POLICE Comments: All previous comments addressed at DART meeting. BUILDING Comments: All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 19. Per City Ordinance, the Park Impact Fee is based upon a factor of X $595 per unit for multi-family dwellings. Based upon the proposed 274 units, the fee will be $163,030 (274 X $595) due at time of building permit issuance. PLANNING AND ZONING Comments: 20. The Abandonment application is lacking consent forms from Utility X providers. The Site Plan approval is contingent on the approval of the Abandonment application (ABAN 20-009). 21. The Art in Public Places form is incomplete. Please indicate the X proposed value of the project, the 1% Art Fee, and the 30% and 70% figures. The Art proposal is to be approved by the City's Art Commission. 22. Enhance the proposed green wall/ landscaped facade and X architectural elements on the east fa ade to better screen the Page 604 of 701 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 4 of 5 portion of the garage that is not wrapped and is visible from off-site. Ensure that parked vehicles and sloped ramp cannot be seen. 23. Please provide a drawing depicting how the direct pedestrian route X from the garage parking to the commercial spaces and Federal Highway sidewalk will be enhanced, and signed, in order to ensure it is easy for those parking in the garage to locate and follow. The drawing should show an interior view of the garage, depicting signage directing the public to the pedestrian corridor, and how this doorway will be enhanced and signed to easily catch the eye of someone who just parked and is looking for that doorway. 24. Per the Sustainability Code, please provide, and label on the plans, X one (1) Level 2 Electric Charging Station capable of servicing two (2) parking spaces for every 50 units, or fraction thereof, plus one (1)for the non-residential component of the project.. 25. Please provide a detailed typical floor plan for the studio unit, X including square footage. 26. The proposed lighting levels on the roof of the garage exceed the X maximum allowed foot-candles. Please reduce the levels to meet the maximum foot-candles allowed by code (5.9). Staff recommends lowering the height of the light fixtures on the roof to reduce the impact. 27. Per the City's Sustainability Code, please indicate on all X Photometric Plans that all exterior lighting will utilize fixtures within the warm white range. 28. The applicant will be placing, at their cost, all overhead utilities X below ground around the perimeter of the site. 29. Please depict location and footprint of the proposed PalmTran bus X stop. Additionally, please provide a letter of concurrence from Palm Tran. 30. Provide a detail drawing of the proposed bus shelter, designed X utilizing architectural elements, materials and colors matching the proposed building. 31. A Sign Program will need to be submitted and approved prior to X issuance of any signs for the project. 32. Prior to issuance of any permits, a narrative and phasing drawing X shall be provided outlining how the required Two Georges Restaurant will be provided throughout the construction of the project. 33. The proposed landscaping along the east side of the project is X required to meet the Urban Landscape Barrier regulations. Please Page 605 of 701 Legacy at Boynton Beach (GCI Residential) NWSP 20-003 Conditions of Approval Page 5 of 5 revise the drawings to meet those requirements. 34. Provide a detail of the decorative 6' tall buffer wall to be located X within the landscape barrier along the east property line. 35. Please clearly indicate the location of the required bike racks, X including the architectural design of the covering, if not located within the building. 36. Please correct the parking calculations for the non-residential uses X at 1 parking space per 200 square feet, then revise the total parking calculation total for parking required and parking provided. 37. Provide a detail of the proposed fence/wall separating the amenity X area from the public sidewalk. Proposal should include architectural enhancements and possibly an integrated green /vine wall feature or public art. 38. The project's approval is conditioned upon its participation in the X City's Workforce Housing Program or the project shall conform to the City's density provisions of the Downtown Transit Oriented Development District . COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATION /COMMITMENTS 39. The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\GCI Boynton (Legacy at Boynton)\NWSP 20-003\_StaffReport\C0As\Legacy at Boynton NWSP 20- 003 COA.doc Page 606 of 701 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Legacy at Boynton Beach (NWSP 20-003) APPLICANT: Evan Vlaeminck, GCI Acquisitions LLC APPLICANT'S ADDRESS: 25101 CHARGIN BOULEVARD, SUITE 300, BEACHWOOD, OHIO 44122 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20, 2020 APPROVAL SOUGHT: Request for approval of a New Site Plan Application for a mixed-use development consisting of an eight (8)-story building with 274 dwelling units, 12,422 square feet of commercial space, and associated recreational amenities and parking on a 2.76 acre site. LOCATION OF PROPERTY: Northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street DRAWING(S): SEE EXHIBIT "B"ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\GCI Boynton(Legacy at Boynton)\NWSP 20-003\_StaffReport\NWSP 20-003 DO.doc Page 607 of 701 9.A. CITY MANAGER'S REPORT 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Update on Regulations and Available funds for Plant Memorial Fund Explanation of Request: The City's Plant Memorial Fund was established in Fiscal Year 2000 with an initial donation of about $1500.00. As it stands presently, there is an available balance of$7,233.00. Some things to note: • The Plant Memorial Fund is currently funded based on goodwill donations from residents. • The most notable donation was received in 2015 for$16,770.00 from Nancy Byrne. • There is not a significant and sustained revenue source for this fund presently. • Donations must be spent on tree or plant beautification within the City limits and all standard procurement regulations must be followed when using the funds. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 608 of 701 9.B. CITY MANAGER'S REPORT 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: City Staff to provide the Commission with an update on the status of the Art in Public Places Program including the Kinetic Art Exhibit, the recruitment for Public Arts Manager and the mural installation at Fire Station 1. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Mural Renderings Page 609 of 701 V1, t .,; s „s.:; ,r t „._ ,,t_sHIM,, s.,\ t .,_st,- r)1 , t. �_ _s s. 11) \. r ,i__t 1 ,,,, ,�zet f it•,,'-'t7 rzt it-: r, .rs '{ i �.. ,14 S<1,. i s t\.\\�,.i I.t,s� , 1411li3y t(,t=trlil) , l,i, � 15\ {x111,r,;1,.. t1 t1,.. ry i� ! 1vs\t � ifI ( i i{�y{ t t jl, st _ tk k r 3 � r � �lS 1�k � ,1�s;��t i�'Y1�;�,S�e�,td.`, -� �l.k „�I"`' ,,,,,,,. ".r 1 Viily�'l�\�,r is��1� y i��(rrU1 ;ti � is„'•,�17 31 dt�rr )�a�, >�� .— ��a�, ;s8a1S11A1 i�"`,iFt,�It- `-� i,��Aa\;. , , ,„...... n» ri.j ra»nr, Jlk-�..A,�1�1AA7 fit,AllAll,(fi�s4Pr1Y!(, l'>�” p ta��l� i �S��kyste rs 1fy�13)�l�) � 2 � �t 1��1� rt��s Ills��"2s• � � � i a j e �4 jr,;1 W Y tlAtiv�xvv�p{ni'vit5Ssi3a0U,'t ' `i��\}sv kr"�t - ntv � � � as iSS11l1) pp w INpINQ 1SQii ) A fk Sll�}) '�' It tst t�1at » ))) ls)) ZyQy4%�AAv�' a. .. IW { } 141 I. t � mr14i, 'R - kk ,W J ,z,.,t, S,, .,. - ::..,•„ „y.„�>t s ,,,,. S i 1 r,... It.t ,z....kS -s,f ,..d -., 3 t l ,.�, .tS tr.... >1,, SSS r tt t> '�21=_ r =w t� -_t <_''t s ai31r{t,.rlk• .,\\c ti..\ ct rltt ,,.- M ,,,, ,: { 11,-s�Rkk311,_ s)1,£. J „ ..,• a, S ,....e\ \r{, `,,_. t t }1{ , ,rssiz3, ll\lttt?, ,ik33s w 1 �� j's4 Vit\ `ii 11t;_r» ( `1 )` 1)< »}l{4t1”} ;a S i,,, SS4# jtl 1 SSI+�tll�I N� 1� •'� Q ��j1t� !� II S r ra c �y5, )t! dt, {jf){x,11,v1v 'rt' sjsssilill rt 1� ��1i ;1,1 (C) r�+ W? t �))1 y p!1 �11f �tx {0zt Stl j t t v�)� t# �{!}t1�3�{�v14tit��t1\ij��1t ,l\{ �.sr t }}tt.' _ k c~,},i s� s'j--�71��'t��1�Jttr t .. � ,{ Al��t }{?n?'+. ,?ii �,rf111 •,:{.,,�,. , St7'��`,s'�. f (6 „ •,,,tfl i rs r....r ,, ,..x srv' a ;qtr, "'+». �,„£11��,.{.Ik;'�t�� g�f- � }k \�1v 1 r1 Ilk t t}77 ��kk a 11 b r � rtt� 1 � ;z��11j� 14`��3r(f;`k � � ■' �� ( _ � ) �Ii! ea li0 jk 4�}v1 tS1�y}��11}�)A)ES S��iSllli l 4{i)�`tl`) ss tS��S�t\V�zir�sss�ysiV�)�S)�}�jij!}r1r 1141 {" S�S� N - Es v t1s(`y\. S.\I ) t •St S�S f l r t s�u s ny,r d u s S� - (zJ, r fs 4ri3» Sig ri tr ,u,.i1 sy_r 111�e,}�, S # tr,{tt`y tr;r ft r r G tk lrr 1�-r r t �l - h 3�)rtj}3 3t ,. t({ 9ia �� 1iyr•j F}\� 1 �_' rya i{!` _r vti @ .� IL 1r S{ 1N�1\11j11 } s z �` 1 fS f1AA, . Y ter 1)V' i 9!t{4 3111��i St ,,, t(1 13st { �a is r" rs r,� fir' i a£ J 9.C. CITY MANAGER'S REPORT 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: City staff to request City Commission to schedule a workshop to discuss revisions to workforce housing ordinance. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 612 of 701 12.A. LEGAL 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Proposed Resolution No. R20-093-Approve and authorize the Mayor to sign documents releasing and creating project easements. (Tabled from the September 15, 2020 Commission meeting.) Explanation of Request: In order to advance the Town Square project, existing temporary access and parking easements will be released and new easements created. These recordable documents require signature by the Mayor and authorization by the City Commission. How will this affect city programs or services? This will facilitate the projects completion. Fiscal Impact: Recording costs Alternatives: Include the easement releases and new agreement for easement into a comprehensive amendment to the development documents. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 613 of 701 ATTACHMENTS: Type Description D Resolution Resolution appro\Ang release and creation of town square documents D Attachment Termination of Temporary Construction and Parking Easement Agreement- Central Parcel Termination of Temporary Construction and D Attachment Parking Easement Agreement- North Parcel D Attachment Termination of Temporary Construction and Parking Easement Agreement- South Parcel D Attachment Temporary Parking Easement® Central parcel D Attachment Temporary Parking Easement- North Parcel Page 614 of 701 1 RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 DOCUMENTS RELEASING AND CREATING 7 PROJECT EASEMENTS; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in order to advance the Town Square project and facilitate the 11 project's completion, existing temporary access and parking easements will be released and 12 new easements created; and 13 WHEREAS, the recordable documents require the Mayor's signature and the City 14 Commission's authorization. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby approve and authorize the Mayor to sign the documents releasing and creating project 22 easements which shall be in a form subject to final approval by the City Attorney 23 Section 3. Copies of the final documents approved by the City Attorney are attached 24 hereto as Composite Exhibit"A". 25 Section 4. This Resolution will become effective immediately upon passage. 26 S:\CA\RESO\Town Square Easements-Reso.Docx Page 615 of 701 27 PASSED AND ADOPTED this day of September, 2020 28 CITY OF BOYNTON BEACH, FLORIDA 29 YES NO 30 31 Mayor— Steven B. Grant 32 33 Vice-Mayor—Ty Penserga 34 35 Commissioner—Justin Katz 36 37 Commissioner—Woodrow L. Hay 38 39 Commissioner— Christina L. Romelus 40 41 VOTE 42 ATTEST: 43 44 45 Crystal Gibson, MMC 46 City Clerk 47 48 49 (Corporate Seal) 50 51 S:\CA\RESO\Town Square Easements-Reso.Docx Page 616 of 701 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS Central Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this tay of ust,2020,biz between JKM BTS Central LLC, a Florida limited liability company ("GRA �R");r; City of BoynBeach (the "CITY") a Florida municipal corporation CFP BO TON BE�� Ii SQUA LC, a Florida limited liability company ("CFP") and the Cl 1'� CFP's a' is s , a �yees, or � �lit, �contractors; . 1 �4� ��G}�LIk��'ti �� W I T N 'S�l}�� . H : 1#`q, 11 1141, WHEREAS,GRANTOR is the o ��,'` ; ertai� ' el of re� roperty located within the City of Boynton Beach, with a legal descrill, n as atta in E ' t "A" , ereinafter referred to as the "Property"); and tl�zf' WHEREAS, GRANTO�� cuted porary Co ruche and Parking Easement Agreement ("Easement") in order to permit C ,,nd the , at th 4 t t sole cost and expense, to complete the necessary grading and ut work on t ` T)ropert i ' comp „ e site preparation of the Property, and for the use of the Property H Jug,�ch Ease �, 's recorded in Official Records Book 30300 Page 1261 of the P2, c RecCounty +orida; and +%04 WHEAS, GRANTOR"9P(, and the +Y have all agreed to terminate the Easement. NOW, t in pon§l ion of the mutual promises contained herein and Ten and no/10, �� '' {,Dol d other go",# an ivaluable considerations,the receipt, sufficiency,and adequacy of h is lie` ` ackn dged,thee rties hereto agree as follows: I, 1. 4 1,f r aid recitals° ,� a and correct and are incorporated herein. 2. Each NTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it mj v$ in the Easement rights set forth in the Easement, and declares the Easement (and any rights grad ��thereunder or pursuant thereto)terminated. i�, (Signatures appear on the following pages) t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 617 of 701 Signed and sealed the day and year first above written. GRANTOR JKM BTS Central, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager t ' ` dam dman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '04, The foregoing instrument was acknowledged befor 4 e by m� s" presence or ❑ online notarization this day of August, 2020,by� �, . Free as j�JKM BTS Capital, LLC,a Florida limited liability company,the Manager o ' BTS ral,LLC,a Florida limited liability company, on behalf of the companies. He is, *111ilil kn 69 me o ! s produced as identification. ��}�� }� el Q iS�G i �Y foi1 � ;{ NO CRY PUBLIC WIN }� i� � � 1 � TY OF BOYNTON BEACH } r �> } I . , '} MAYOR STEVEN B. GRANT ATT `' { 4�1 k Ills, Approved} orm: Jim Cherof, City "tty t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 618 of 701 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 619 of 701 EXHIBIT"A" Parcel 3,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390076.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS Central Parcel) Page 620 of 701 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 TERMINATION OF f TEMPORARY CONSTRUCTION AND PARKING EASEME t EEMENT (BTS North Parcel) ` THIS TERMINATION OF TEMPORARY CON TR TION ARKING EASEMENT AGREEMENT (this "Agreement")made this G' ay of ust,2020,biz between JKM BTS North,LLC,a Florida limited liability company("GRANT ") thof Boynton ch(the "CITY"), a Florida municipal corporation, CFP BOYNTON BEACH VN ,, RE, LLCFlorida limited liability company("CFP"), and the CITY's and C ?�(( ts, sery em tractors; W I T N,I T WHEREAS,GRANTOR is the owner ofthat cert ° arcel o property located within the City of Boynton Beach, with a legal descripti d m ibit "A� hereinafter referred to as the "Property"); and � )�)'��' }t. WTI WHEREAS, GRANTO ecutTemporary tructI d Parking Easement Agreement ("Easement") in order to permit P and' , rCITY at t soleicost and expense, to complete the necessary grading and utility work orre Prop to comp t site preparation of the Property, and for the use of the Property as, blic parking lhich ent w' recorded in Official Records Book 30300 Page 1252 of the Pubh alm h Cou # ida and �� 4, � ��t�t��,I-<�� WHERFANT�� (pCFP ao� ' ave all agreed to terminate the Easement. NCO" REF ,E, in Awderation of the mutual promises contained herein and Ten and no/100($10.00) soar good .valuable considerations,the receipt, sufficiency,and adequacy of w F �� ,y a ledged,thj7 art hereto agree as follows: 1. ijjflpe afo; id reci re hand correct and are incorporated herein. 2. Eac Ckk GRANTOR,ONP, and the CITY does hereby release and abandon any right, title or interest that i� have in the Easement rights set forth in the Easement, and declares the Easement (and any rights g` d thereunder or pursuant thereto)terminated. a'' i (Signatures appear on the following pages) t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 621 of 701 Signed and sealed the day and year first above written. GRANTOR JKM BTS North, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida 3 limited liabili om an its Manager, t 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p '�i }��' " s The foregoing instrument was acknowledged befor �� , by m� s�' 1, f presence or ❑ online notarization this day of August, 2020 by . Free, as , j�JKM BTS Capital, LLC,a Florida limited liability company,the Manage ��.r BTSrth,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' 69 me oro s produced as identification. ��}, ,�� x� ' i S�G i alk 1 �Y �}} � ;{ NO ",CRY PUBLIC 41 444 04 TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATT }01f?�E�`� Approved} orm: Jim Cherof, City "tty t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 622 of 701 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 623 of 701 EXHIBIT"A" Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390077.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS North Parcel) Page 624 of 701 This instrument prepared by: Stephen J. Grave de Peralta,Esquire PG Law 5030 Champion Blvd., Suite G11-281 Boca Raton,Florida 33496 561.325.6510 TERMINATION OF1��}�` TEMPORARY CONSTRUCTION AND PARKING EASEM T AGREEMENT (BTS South Parcel) �,t �fl�� THIS TERMINATION OF TEMPORARY Cq TRU ON AND z . RKING EASEMENT AGREEMENT (this "Agreement")made this of A '' t,2020,by a' tween JKM BTS South,LLC,a Florida limited liability company("GRANTORS,the Boynton #ch(the "CITY"), a Florida municipal corporation, CFP BOYNT CH TO S �'' p �� a Florida ft limited liability company("CFP"), and the CITY's an �FP � �" ts;4ployee "''r contractors; ' l WITN S' ,+, H . 1, 1# +} , i. 3iG WHEREAS,GRANTOR is the ow� � y' ertain ' $el of re}� roperty located within the City > t`r of Boynton Beach, with a legal descri n as a in Et "A" einafter referred to as the "Property"); and fi=t "IN � WHEREAS, GRANT( I "I�t ecuted , , porary C ructio�and Parking Easement Agreement ("Easement") in order to permit C1�4 and th� at th sole cost and expense, to complete the necessary grading and uti t work on th Prope r ;3l com , e site preparation of the Property, and for the use of the Property' +' ing v h Eas s recorded in Official Records Book 30300 Pae 1270 of the P c Rec Count'; = orida; and WHE AS, GRANTOR,R, and the hY have all agreed to terminate the Easement. NOW, F �' in cons'( r on of the mutual promises contained herein and Ten and no/10 �'_ Do �d other go + an 'aluable considerations,the receipt, sufficiency,and adequacy of h is h' ack ' dged,the rties hereto agree as follows: QL fo�aid recitals �e and correct and are incorporated herein. ��,,� I Each y RANTOR, CFP, and the CITY does hereby release and abandon any right, title or interest that it m ' ave„in the Easement rights set forth in the Easement, and declares the Easement (and any rights grathereunder or pursuant thereto)terminated. (Signatures appear on the following pages) t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 625 of 701 Signed and sealed the day and year first above written. GRANTOR JKM BTS South, LLC, a Florida limited liability company By: JKM BTS Capital, LLC, a Florida J3 limited liabili om an its Jy� p y� Manager J 4 ' ` dam eedman, Mar STATE OF FLORIDA i { COUNTY OF PALM BEACH p ��iJ }��' ta,J s The foregoing instrument was acknowledged befoxqg, e by ms' presence or El online notarization this day of August, 2020,by4 ` . Freel asj�JKM BTS Capital LLC,a Florida limited liability company,the Manager o ��.r BTS th,LLC,a Florida limited liability company, on behalf of the companies. He is,"11 W11 kn' ao me os produced as identification. ��},� ;�, Q;ryj4` �0� ilk i S�G i �Y �}} � ;{ NO CRY PUBLIC IMP! �� G}� i� i TY OF BOYNTON BEACH N B y MAYOR STEVEN B. GRANT ATTF1,17 � it 1 91 Approved} } orm: Jim Cherof, City "tty t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 626 of 701 CFP BOYNTON BEACH TOWN SQUARE, LLC By: Steve Collins, Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me by means of ❑ s ical presenc,, or ❑ online notarization this day of August,2020,by Steve Collins,as Manag, ;of CFP Boy Beach Town Square,LLC,a Florida limited liability company,on behalf of the co pany li k e is persd°ia own to me or has produced as identification${� '�k4; 11104 AN ��` OTA PUB s� xk�s k' t r � isi�# S {_! 1101 �e7#Y V,�, �4 }} rt { 44 WIN X54 1tI$f Ill RkII 4, , t�{4fi 4=li 's'sa. , if I It a 'a,V1111ftf, It, It }_i it {00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 627 of 701 EXHIBIT"A" Parcel 7,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof,recorded in Plat Book 127,Pages 1- 5,of the Public Records of Palm Beach County,Florida. 4 �I }� r s 4 } , tl tt I F1 �q, . ti f t� Iry. X47{ } Ohl tl g"If Ill ""t, ,", it {{ t00390075.1 306-9905263} TERMINATION OF TEMPORARY CONSTRUCTION AND PARKING EASEMENT AGREEMENT (BTS South Parcel) Page 628 of 701 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel 1D t (p4 PIril��sf ,k}� �b I� , I�° TEMPORARY PARKING EASEMENT A THIS TEMPORARY PARKING EASEMENT AG rt �� s `� sement") is made and executed as of August 2020 by and between M C a Florida limited liability company, having an address at 2300 Glad` I ad, Suii202E,Boca "aton,Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida ed liacompany, having an address at 2300 Glades Road, Suite 202E, Boca rorid a�, Roper"), and The City of Boynton Beach Florida a political su ��vision, l Sta Flo "a 100 East Ocean Avenue $ a Boynton Beach FL 33435 ("City"). �' a} WIC , SSE �1 r },11 WHEREAS Gra nd DeveN r area sand direct or beneficial parties to a March 19, 2018, Development' 1 City and Grantor is the owner of certain property located in Boynton ,'' h Pad Beac Florida described on Exhibit"A" attached hereto and made a part, Oreof(the "G� or Property"); and WHERE!��k � th 'rinto Prrty, pursuant to the Development Agreement, will be improv �,� �� eve ' , with a sldential and/or mixed-use project, together with a parking struc e(the" ' j ect F � r d wi,��e occupied by tenants to reside or conduct business therein; and k r � AS, the t porary parking spaces provided by this Agreement and a like Easement A° Ment with 7KM BTS North,LLC, a Florida limited liability company, are intended to satisfy the te` ry parking which Developer may hereafter be required to provide to the City with respect to trking structure (the"South Garage")to be constructed upon certain property located in Bo nt�n Beach, Palm Beach County, Florida described on Exhibit"B" attached hereto Y and made a part hereof (the "South Parcel") pursuant to the Developer's Agreement, without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390073.1 306-9905263} 1 Page 629 of 701 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property")for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property") or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and lf4� NOW, THEREFORE, in consideration of the mutual covenants a� ments heretofore made, and in satisfaction of the requirement to provide temporary park'i `g under th {4 evelopment Agreement, and for other good and valuable consideration, the receipt; d sufficJ , , of which is hereby acknowledged by the parties hereto, Grantor and City herby a' e as follow lit, � � 1. Recitals. The foregoing recitals are true and correct and a4i ere �r1�,�'�'=;��I :orat ' 'into this Easement by reference in their entirety. 11 IgI �'}t,r J iflgiil 11"', vvV ,0�jllioii,ii Vow 2. Parking Easement. ��' �i IN � a. Parking Easement. Grantor and Develo >> , ereby ablish, create and grant to the City a temporary, exclusio for ng on parking areas constructed and existing from ti o time n th ;� s ent Property (the "Parking Easement"). Grantopi & ashes, creat nd gr s the Parking Easement for City to use, without ��men' zany fee o'„r harge the Easement Property for the intended purpos wl set to ` ; this E ment. For the avoidance of doubt, the Parking Easement on nclud �� E” .xment Property and does not include any right toter up any n of the Grantor Property outside of the EaserrleitP111�,��yi,� b. � t to Modifv. ove or Relocate Parking Easements. Grantor and Developer no� haveright � n time and from time to time, upon 90 days prior written , it��ity; to' o remove and relocate all or any portion of the Parking �' §�� ';, ase ; describe (herein to another location with the consent of the City (which . � ;t I sent ' ` no :�e unreasonably withheld), within the Grantor Property (or to an ,,ternative erty owned by Grantor or Developer or to an Alternative Property �I l�Jprocured byes rantor or Developer), provided in all events that the City is provided ,e use of at least 300 spaces when taking into account spaces provided by or �; ' �d by Grantor, Developer, or their affiliates at the Grantor Property, the A� � `cent Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390073.1 306-9905263} 2 Page 630 of 701 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. la 3. Prohibited Use. The intended use of the Easement Propert fres for par g of typical passenger vehicles by City employees, their invitees, and the eral pulf� , connection with business with the City or attending civic events, for� he a t dance of do the City shall not use or park any heavy equipment, buses, recr� pal v les or other �ersized vehicles within the Easement Property. The City will use its' st e � o pr ot or limit any use not consistent with the intended use. Th 1 t will no e t nt Property to stage any civic or social events. City sh1° using the Easement � 1 t g Property in violation of any law or for any 'Pose o �4 r than ' Parkin Easement. The City will establish and enforce reasoa' strictid'ft assure that minors are permitted on the easement property only when accom `' 'ed by4�' � adult and that animals are prohibited on the easement prope , ' whe leash'''' "`other physical halter. The City will mark or sign the wa 'ays fro ,pari` "lo s" to City facilities to enhance safety and minimize foot-tra ��' vement on ac Ile or Developer properties. Subject to applicable goy °nmeiiquiremer ; `hand approvals, and with the consent of City (which consent she`ll be a onably thheld), Grantor and/or Developer may post signs on the Grantor Pro�ty and '' a E�ement Property setting forth the rules and restrictions fort tie Eas��ent Pr consistent with the terms of this Easement, and the prohi Mori 4s of e Grantor Property other than the Easement lik Property. 4. Use ntor �rantor� e 'eloper may continue to use the Easement Property and all other p r��f tie G�,ant�roperty for any lawful purposes that do not unreasonably ' wi' e easem�;'t rights granted herein, including the right to improve the rasem tareas;�, ch �1 provements may include parking, paving, sidewalks, lighting, I91 gree Faces, recreational areas, drive aisles for motor-vehicles, and 1 � co k tion of throj ect. City shall not interfere in any manner with Grantor's or Deis operations and activities upon the Easement Property. 5. Mainten e. �Y a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390073.1 306-9905263} 3 Page 631 of 701 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor an Developer shall be responsible to perform all Maintenance Obligations as r ' �r1,,11y necessary and reasonably required hereby on or at the Easement Prop Y. 40 e. Standard of Care. To the extent required to be erfo d by each parties hereto as set forth in this Easement, all Maintena� Obh ns shall beformed in a good and workmanlike manner, and in comp�nce'�� respectwith all axe applicable laws, rules, regulations and o, ances of" ov authorities having jurisdiction over the Grantor P � `�R�� ' t Property. 6. No Duties of Grantor or Developer. Nitsrantor 4r Developer shall have any duty 11 .to City whatsoever with respect to the Par Easen� or the Easement Property, including no duty to provide t 61011 se whats,� er, except infrastructure �� maintenance as required by 1subjec � � os e it tI ns set forth in Section 5. Furthermore, neither Grant o ' � p eveloper hav ' iy duty to City or any of City's employees, agents, controliors, ts, or invi }, s to provide security or to monitor the Grantor Property or the'fagnent P rty in orr to protect against injury to any person or to safeguard or protect anehicles� er al property of any such parties. Neither Grantor nor Dev 11 havny liawhatsoever for any injury to any person or for an lost 1oleri , � � ert `�to City or any of City's employees, agents, Y �119111 contractors, �ts, or 1 itees. Ci y ' City's employees, agents, contractors, guests, and invitees ume al risk o 4 ury to any person and loss (including,but not limited to theft) and d to an�� their r e�gtive vehicles or other personal property, and City, on its own beha n beha oft r ity's employees, agents, contractors, guests, or invitees, r, ho�� cantor an 11!Developer harmless from and against any and all damages in �$ onnec '�` wit e rd..` ing Easement including, but not limited to, consequential age arisin gespect to the matters set forth in this Easement.Neither Grantor nor Der shall ha''e any obligation to assist (or to cause their employees or agents to assis � in collecting and/or removing any vehicles or personal property of City or other Party fr A Easement Property after the Parking Easement has been terminated. Any V(hicles o'> 'ersonal property left on the Easement Property after termination of the Parking Easement shall be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390073.1 306-9905263} 4 Page 632 of 701 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. a. Default. If City shall be in default under any of the obi'{ ations ap cable to it as set forth in this Easement for 72 hours after receipt of ' itten note ` y default(or such lesser time in the event of an emergency) g1t yen b'x rantor or y per, or if such default shall be of such a nature that thOl a c' ' t practicabl a�� e cured within such 72 hour period and City shall not with suc�� od co�ence the curingof such default and thereafter with dili enc6`- mp� ' firing of such , � g a default then Grantor and/or Develop' to steps to cure such p >, default City shall, following tl deman wl,_V c fi; `, �4e accompanied by appropriate supporting documenft ,reimb� the Grantor and/or Developer t for the City's share of the costs and' en es onably paid or incurred by Grantor and/or Developer { ise ch righ 10, b. Standard of Care foel Any , s whiff' the Grantor or Developer shall perform or cause Elbe pe',k ed in ex se of its self-help and cure rights under {fi this Section 8 sha 4 ,e perf d with same standards of care, diligence and workmanship as if su'' cts w ei performed or caused to be performed by City purs Ak,; obI ns or 's hereunder. 9. Estoppel 41116ficate.1 ,City sha� out charge, at any time, and from time to time, within t x`'(10) days afteequest therefor, certify by written instrument duly executed, ackn ed an eliverei pr for the benefit of any existing or prospective tenant bu er or� ee oaf th�Gr �Itor Property (or any portion thereof), specify: ��Jfi6�! "114 at thi� e is unmodified and in full force and effect (or if there has been r (Ai odificat hat the Easement is in full force and effect as modified and stating ` he mod ion); b. ��r or not there are any existing defaults under this Easement and if so, sifying such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390073.1 306-9905263} 5 Page 633 of 701 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. � x41 �'Jrr, a. The intended and primary use of the Easement Propert s for Cilyol loyee, City invitees, and general public parking, and such use,will h , priority o her uses unless a like number and quality of alternative" skin '`� rovided atocation reasonably agreed to by the City in accordance wi� the of this ,asement. The exercise of the rights and privilege, ranted here sh ��'�Iercised in a manner which does not unreasonabl I � �� srupt the normal use, business or occupation of the Proje �` r any ifWrovem �� ted or to be located on the Grantor Property or the Eage� ' Prope� �i b. All provisions of this Eas ;'' ' the a ent ries hereunder shall run with the land and shall be b ing upo ntor' it successors and assigns. The Grantor Property sly eafter be sol conveyed, operated and leased subject to the eas �ents," �� rictions c man s and conditions contained in this Easement. �' '��, a c. All noticr��, ds re � sts or r communications required hereunder shall be initin ? ogni, ed express courier (such as FedEx or United Pa I oa§ervice Nnqr via U tates registered, certified mail, postage prepaid, rn recipt req ed, addressed to each party hereto, as the case may be, at the ess fid I,, eremae0provided or such other address as any party may from ti111 y e sig ate writing to the other.116 Sig tl! :� �� j �f d. '_ � is Ea'' nt 1 be governed by and construed in accordance with the laws of f � State o „� ida. Venue of any litigation or administrative proceeding shall be exclusively Palm Beach County, Florida. The prevailing party in any litigation sing from the terms of this Easement shall be entitled to recover its reasonable s' fees, both at trial and on appeal, as well as court costs, from the non- pr, Failing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390073.1 306-9905263} 6 Page 634 of 701 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed contempq�aneously with this Agreement by the parties to address additional tempora '�N g on JKM BTS North, LLC property. ,10 #'yrs •a,IY'f} tt k'M �i : j. City shall not be liable or responsible to Gra or b , , nd the mo' limits specified in Ch. 768.28, Fla. Stat., regardless ia 'lbethe t d liability b eased in tort, contract,indemnity or otherwise; and in no evenba11e liabl ;r ' Grantor for punitive or exemplary damages or fob ''t rofit's oonse amages. 1Ir�s fry, [SIGNATURES AND ACKNO DG� N�� 2 ON THE FOLLOWI,� u. GES] u x�tf�rfi(1�� t;'� ]11�`�Fgil 444q2 ! 7 Jpggg t 1 .4 t6} "0 {00390073.1 306-9905263} 7 Page 635 of 701 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS Central, LLC, a Florida limited of: liability company Witness #1 By. JKM BTS C,I� a , C a Florida limited lia �ty compa its Printed Name: Z �) , Manager € �''i r�� B {P Witness #2 t _, Add P. an onager Printed Name: 011, � �a ., STATE OF FLORIDA COUNTY OF PALM BEACH � r , The foregoing instrument was acknx ged before #'by m s of ❑ physical presence or ❑ online notarization this da hof A'' � 2020, b '�r dam '. Freedman, as Manager of JKM ,x BTS Capital, LLC, a Florida hr '� habili mpany Manager of JKM BTS Central, LLC, a Florida limited liability company, ohalf o � h co any, who (_)is personally known to me or(_)produced r �:��s r � � as identification. It 'Og i�� #f NOTARY PUBLIC State of Florida rl� � Print Name My Commission expires: a, OF It' Serial No.: k a r} (SEAL) {00390073.1 306-9905263} 8 Page 636 of 701 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Freedm anager �� g�" }} Witness #2 ��€; Printed Name: 11K V I to STATE OF FLORIDA I'' r1is' COUNTY OF PALM BEACH 1/ t11010111� r'[';� 411 `10 The foregoing instrument was acknowledged b by m s of ❑ physical presence or ❑ online notarization, this day of August 2020, b�'`I�} a �edman, as Manager of JKM BTS Capital, LLC, a Florida limited lia ' $ r ny ehalf '�such company, who (� is personally known to me or (� p uced �' ' �' 0 as identification. } 4 N OTARY PUBLIC, State of Florida POP Print Name for My Commission expires: Q ,� r} t� . Serial No.: tib � � (SEAL) } 5 }uWIN, V qlliW", rf'} r, {00390073.1 306-9905263} 9 Page 637 of 701 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By: Steven B. Grant vor Witness #2 I Printed Name: Attest: r rel}�l }It4 $ }}q}}#tt�},;r x 7�p`4jtttfFt�,Ii#1 STATE OF FLORIDA 1�t ' ,}� COUNTY OF PALM BEACH it }ll } J, The foregoing instrument wa }� owledgedrem means of El physical presence or ❑ online notarization, thisil, day o 4 ust, 202 y Steven B. Grant, as Mayor of the City of Boynton Beach Florida a politl sub on oft State of Florida who (� is personally known to me or(�produced �a 's. � tras identification. "Ifqg 00, [Notar 1] �� }i Notary Public I Printed Name: }} My commission expires: 1� �T {00390073.1 306-9905263} 10 Page 638 of 701 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 3, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r 40 01 �Slf 0 '1"x'7' fj} r ' tri ht IN '��}' , {;{ �ry y i�l�•, r 4 qu {,«viz I ��ik}tsk 'tha� � x � I , f r i14114 �{ 401 {00390073.1 306-9905263} 1 1 Page 639 of 701 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. r f 40 RIO r ' tri ht IN qu r � ig �} 4 �t{ ,All 111"fli � 10l 94 ii��iSP }�} {00390073.1 306-9905263} 12 Page 640 of 701 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of land being a portion of Parcel 3, BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Northwest corner of said Parcel 3; , Thence North 89°39'57" East(as a basis of bearings) a distance eet to the POINT OF BEGINNING; Thence continue North 89° 39' 57" East, a distance of 71.32 fe} Thence North 00° 20' 03" West, a distance of 9.86 feet* Thence North 89° 39' 57" East a distance of 56.71 feet" `I� IV The previous four courses and distance being coincident wtI the rl 1' IV of said Parcel 3; t ti Thence South 00'20' 03" East, a distance ofr � Thence South 89 40 29 West a distancY , 128.0 et to a p �} Jng 42.87 feet East of and parallel with (as measured at rightani� the line of said Parcel 3; Thence North 00° 20' 03" West alon said pa }. line},i},rest#nce of 229.16 feet to the POINT OF BEGINNING. Said lands situate, lying and b Section�` own51, ,'�youth, Range 43 East, City of Boynton Beach, Palm Bead Containing 29902 squar yet mo � less. it -81 1111111 ppt11,1- 40 o } }#` ',111,#9414 , 1 � �,it F 1 j ,001 119 IiO t00390073.1 306-9905263) 13 Page 641 of 701 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-ownedS1J16n11,`k's,5 hired automobiles for limits of not less than $500,000 bodily injury each person, each accid00,000 property damage, or $500,000 combined single limit each occurrence/aggregat Commercial General Liability Bodily injury and property damage liability as shall protect the Cit�O� Gr om „�ms of bodily injury or property damage which arise from the the Ease� nt. �� nts of such , insurance shall be $2 000 000 per person $2 OOO OO5er" k �I %1 general aggregate limit of$5,000,000.00. This insurance shall inclu„ �overag�4or prow �ipleted operation personal injury liability and contractual liability a�„` �f undef e indemnity provision of this Easement. OF � 4 oalll 111, Workers Compensation Insurance� ��i S 4"", i �� { sof � � , Meeting the statutory requireme of Fl and Emp�er Liability of$1,000,000 per accident limit, $1,000,000 disease per polio*mit, $ 000 d ase each employee limit, providing coverage for employees and owners .�� 't,°;� . Professional Liabilitv xwul,401 In an amount o� ot less an $2,'* 000 each claim and $2,000,000 aggregate. yJP 000j Mir t00390073.1 306-9905263} 14 Page 642 of 701 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this C� � to Easement this day of August, 2020. ��yyys: 41111 B1 58 LL �1 i Affi a Florida limited' ; bili qI�, an Signed, sealed and delivered Q�y}� � �r��i��# , r�� ftt Its Alk Witness tio�`�� 04 € rFol Print Name =,«pat Witnesspz„z fi4tIF°��,P. Print Name fit; k ko STATE OF FLO A "tar COUNTY OF The fore g me # s ackn, ;",ledged before me by means of ❑ physical presence or ❑ onlinezatio hiss August, 2020 by as of BI 58 LL �' '� lo "a limited u ility company, on behalf of such company, who is personally known to me '' Produced ` as identification. Notary Public My Commission expires: t00390073.1 306-9905263} 15 Page 643 of 701 PREPARED BY AND RETURN TO: Stephen J.Grave de Peralta, Esq. PG Law 5030 Champion Blvd. Suite Gl1-281 Boca Raton, Florida 33496 561.325.6510 Parcel IDf 7 Pr TEMPORARY PARKING EASEMENT A E r z T1401 � 4 THIS TEMPORARY PARKING EASEMENT A �� issemeis made and executed as of August 2020,by and between J BT r � ,,, n limited liability 7u ' p company, having an address at 2300 Glade5l Suite 42E Boca' ton Florida 33431 ("Grantor")and JKM BTS Capital,LLC a Florida' ,,, ted liab� company, having an address at 2300 Glades Road, Suite 202E Boc �{, ,,4 oridlvu `}: 31 («� el, per"), and The City of Ig Boynton Beach, Florida, apolitical lbd, ivision'�x�: Sta { Flor � 100 East Ocean Avenue, Boynton Beach, FL 33435 ("City",,)�� ;:. W I E S S E , WHEREAS G� d Devef er are �`55a7}r 'and direct or beneficial parties to a March 19, 2018, Develop ent City," . d Grantor is the owner of certain property 01" located in Boyntf}�-64 P�� Be"No", Fl rida described on Exhibit"A" attached hereto and made a p �ereof(the "Gr44or Property��and �tor, WHEttPr� pursuant to the Development Agreement, will be imprc � ,,I $ eve r with a sid�ntial and/or mixed-use project, together with a parking strq" e(thee of ect d will��occupied by tenants to reside or conduct business therein; and AS, the te� orary parking spaces provided by this Agreement and a like Easement . Iment with 7KM BTS Central, LLC, a Florida limited liability company, are intended to sa the temporary parking which Developer may hereafter be required to provide to the City with reg ' `to the parking structure(the"South Garage")to be constructed upon certain property located irk oynton Beach,Palm Beach County,Florida described on Exhibit"B"attached hereto and made a part hereof(the"South Parcel")pursuant to the Developer's Agreement,without releasing or modifying any of Developer's other contingent obligations to provide temporary parking as referenced therein; and WHEREAS, Grantor and Developer desire to establish, create and grant for the benefit of, and as a burden upon, the Grantor Property, a temporary exclusive easement for use by City over {00390070.1 306-9905263} 1 Page 644 of 701 and across the portion of the Grantor Property as described in Exhibit "C" attached hereto and made a part hereof(the "Easement Property')for the purposes and upon the terms and conditions as set forth herein,for the benefit of City;the Easement Property,together with an easement across adjacent property owned by another affiliate of Grantor and Developer (the "Adjacent Property') or any alternative parking arranged at another location(any such location or locations, collectively, "Alternative Property") by Grantor with the consent of City (which consent shall not be unreasonably withheld), is intended to provide at least 300 parking spaces for use by the City as set forth in this Easement; and 041 NOW, THEREFORE, in consideration of the mutual covenants affill ments heretofore made, and in satisfaction of the requirement to provide temporary par k"ng under th4 Development Agreement, and for other good and valuable consideration, the receiP# nd suffi �� of which is hereby acknowledged by the parties hereto, Grantor and City l�eby a as follow 1. Recitals. The foregoing recitals are true and correct and aid,-, !, ere ' orporate� to this Easement by reference in their entirety. k,, 04, t$�', 2. Parking Easement. �� ' i� a. Parking Easement. Grantor a, Develop ereby'*elish, create and grant to the City a temporary, exclu ' ,, for ° ing on# �, arking areas constructed and existing from t '� to time ,n LI 14 �asem it Property (the "Parking Easement") Granr lishes, crea nd g� `` '� he Parking Easement for City to use, without,"°�ymen'` �; any fee o x argeb the Easement Property for the intended purposes set fo ',= this Eas' hent. For the avoidance of doubt, the Parking Easement or, lude Eas ent Property and does not include any right t I' ' ter u r any � , �"of the Grantor Property outside of the Eas ent Pksl'' , F OR b. ht to Modif ove or Relocate Parking Easements. Grantor and Developer 1 have. right ` rny time and from time to time, upon 90 days prior written k no pp to ,Todi��remove and relocate all or any portion of the Parking q : �� 1 ase describee�ern to another location with the consent of the City (which b ns t" not nreasonably withheld), within the Grantor Property (or to an 1�� xk ter native , , y owned by Grantor or Developer or to an Alternative Property q 'l , �'8rocurentor or Developer), Provided in all events that the City is provided r#�' e use of at least 300 spaces when taking into account spaces provided by or reel by Grantor, Developer, or their affiliates at the Grantor Property, the A ,` � nt Property, and any Alternative Property. c. Termination. The Parking Easement shall be terminated, upon at least ten (10) business days prior written notice, at such time as Developer or its affiliate has completed construction and obtained a certificate of occupancy of the South Garage or at such time as Grantor shall have provided (either itself, through one of its affiliates, or through a third party) alternative parking arrangements consented to by the City (which consent shall not be unreasonably withheld) until such time as the South Garage can be completed. Following termination of the Parking {00390070.1 306-9905263} 2 Page 645 of 701 Easement and conditioned on the availability of alternative parking subject to terms and conditions reasonably comparable to those set forth in this Easement, City shall cease using the Easement Property for parking, and the City will enter into an agreement terminating this Easement and all rights hereunder. d. No Assignment or Transfer. The Parking Easement may not be assigned or transferred by City. Any attempted assignment or transfer of the Parking Easement or any rights granted herein shall be null and void and shall be deemed a violation of the Parking Easement. t 3. Prohibited Use. The intended use of the Easement Prope is for par,'fig of typical passenger vehicles by City employees, their invitees, and the neral puY fil connection with business with the City or attending civic events the , ` 'dance of d '` ° , the City �� shall not use or park any heavy equipment, buses, recea ;anal ` -' les, or other ; ` rsized T' vehicles within the Easement Property. The City will use its�st e to prohib' 'for limit any use not consistent with the intended use. will nset , `° roperty jj�T�jj� to stage any civic or social events. City a1 using the Easement Property in violation of any law or for a ose or tha" Parking Easement. The City will establish and enforce reasona strictiassure that ilinors are permitted on the easement property only w acco 'ed by adult and that animals are prohibited on the easement pro whe ` leash ` her physical halter. The City will mark or sign the ways frog �� par 4r `,,dots t City facilities to enhance safety and minimize foot- ovement oa'�� djace` cantor or Developer properties. Subject to applicable rnme equire meri nd ,' provals, and with the consent of City (which consent shall"iit be urs' nably `�hheld), Grantor and/or Developer may post signs on the Grantor Pro y an ' 1, e Ea " ent Property setting forth the rules and restrictions for e Eas t ent Pr'� onsi stent with the terms of this Easement, and the pro pition= } � � js of t Grantor Property other than the Easement Propertyt, 1 4. Use, antor.+ ran or �� eveloper may continue to use the Easement Property and a ,i ther nto� operty for any lawful purposes that do not unreasonably wi e ease m ' rtghts granted herein, including the right to improve the ,� � easem areass' ich irr� vements may include parking, paving, sidewalks, lighting, �> dsca; g, gree �I€j! es recreational areas drive aisles for motor-vehicles, and c 'tion of the 'oe ct. City shall not interfere in any manner with Grantor's or ...y). J 1 Dev' r s operations and activities upon the Easement Property. 5. Mainten a. Definition of Maintenance Obligations. The term "Maintenance Obligations" means any and all obligations to maintain, safeguard, upkeep, operate, repair, replace and remove the parking areas so that the Easement Property and the Grantor Property remain reasonably safe for the parking of vehicles and the access to such vehicles by their operators. {00390070.1 306-9905263} 3 Page 646 of 701 b. City Duties. The City will keep the parking area free of debris. The City is responsible for the repair of any damage caused by the storage or operation of City heavy equipment, buses, recreational vehicles, or other oversized vehicles on the Easement Property. c. No City. The City has no duty to remove or pay for removal of the temporary parking improvements when the temporary use ends. d. Performance. Subject to Sections 5(a) and (b), Grantor a' Developer shall be responsible to perform all Maintenance Obligations a} asd 'fly necessary and reasonably required hereby on or at the Easement Pro rty. e. Standard of Care. To the extent required to bei�erfo; . d by each a parties hereto as set forth in this Easement, all Maintea' Obh ons shall beormed in a good and workmanlike manner, and in coin p} rice, 11 respects ith all applicable laws, rules, regulations an aances of� rgov � �thorities t�r # "I1; having jurisdiction over the Granto,�rop �e� nt Property. 6. No Duties of Grantor or Developer. Keit rantor Developerhall have any duty to City whatsoever with respect t he Par �YEas0 t or the Easement Property, including no duty to provide�� se what fir, except infrastructure �� R' �{ .y.iV maintenance as required by nd subs ec hos itati s set forth in Section 5. Furthermore, neither Gra ter ' eveloper " hav duty to City or any of City's employees, agents, co r c tors, i. ts, or invi �� to 'ovide security or to monitor the Grantor Property °rth aent� rtY in$ stro protect against ny person ortosafeguard oiProtectanero P ertYof any such artiesNeither ehicl " Grantor nor D 11 ha �ny lid Whatsoever for any injury to any person or for an los toles erty City or any of City's employees, agents, contract ; gu is or $� iteeS. ,City s employees, agents, contractors, guests, and invite 14 ssume 1 risk o � ury to any person and loss (including,but not limited to theft) and�� to an, f their � ective vehicles or other personal property, and City, on its beha�� i�� bhal of'�':FY's employees, agents, contractors, guests, or invitees, sry � ho �� antor an 0 eloper harmless from and against any and all damages in 01,a onne j wit e Pa, ' ' Easement including, but not limited to consequential ing �� age 'aris � `�;t ectgo the matters set forth in this Easement.Neither Grantor nor D"'''� ` = ` er shall hav' any obligation to assist (or to cause their employees or agents to assis ` ' y in collecting and/or removing any vehicles or personal property of City or other Party fry he Easement Property after the Parking Easement has been terminated. Any vehicles o ig sonal property left on the Easement Property after termination of the Parking Easement 'all be deemed to have been abandoned, and Grantor or Developer may remove any such vehicles or personal property from the Easement Property without any obligation to account to City or any other party with respect thereto. 7. Indemnification. City agrees to indemnify and hold harmless Grantor, Developer, and their respective members, managers, lenders (including any lender with a mortgage upon the Grantor Property), attorneys, employees, and agents (the "Indemnified Parties") from and against any damage, cost, or liability to the Indemnified Parties or the Indemnified {00390070.1 306-9905263} 4 Page 647 of 701 Parties' property (including the Grantor Property) caused by the use of the Parking Easement granted herein or the exercise of any rights granted in connection with the Parking Easement,unless such damage, cost or expense was caused by a failure of Grantor or Developer to maintain the infrastructure as required by Section 5 or the negligence or willful misconduct of the Indemnified Party. Nothing in this paragraph shall be interpreted as a waiver of City's sovereign immunity or the limitations of liability set forth in Sec. 768.28, Florida Statutes. 8. Default. f a. Default. If City shall be in default under any of the o igations ap cable to it as set forth in this Easement for 72 hours after receipt o �ritten nopi� default(or such lesser time in the event of an emergency), ven IGrantor or oper, or if such default shall be of such a nature that tie ' e c' t practicablcured within such 72 hour period and City shall not wit' 11 su ,t iod com s ce the curingof such default and thereafter w111,t#1111, ili ence" m _ of such default, then Grantor and/or Develiro ate steps to cure such 141default. City shall following. deman�1! ( 1 e accompanied by appropriate supporting documentati{ ' ' .$reimb'i riR e the Granto and/or Developer for the City's share of they Its anc f ensessonably paid or incurred by 4 - Grantor and/or Develop �� 'a Qise ch OJO � x H u, a b. Standard of Care � ' Hel A n � s �� ',Ie Grantor or Developer shall } Perform or cau�; ` be P ,r 11'1ed self-help and cure rights under this Section 8 sha a'e per d with t ', same standards of care, diligence and workmanship as if su �acts eing� " rformed or caused to be performed by City p� , t obli, *ons or t �iereunder. 9. Esto a t erf'ficate.` City s aout charge, at any time, and from time to time, withi n (10) days afte% equest therefor, certify by written instrument duly executed, ac kr o ed 1,11[,4 elivei-A. o or for the benefit of any existing or prospective tenant or ` ee cif the�11Gra r Property (or any portion thereof), specify: a. ' at thi�� unmodified and in full force and effect (or if there has been �� othe Easement is in full force and effect as modified and stating a modificall'n); b. 4 thv or not there are any existing defaults under this Easement and if so spe} i ging such defaults; and c. Such other pertinent information as the requesting party may reasonably request. 10. Insurance. City, at its sole expense, shall maintain a reasonable program of self-insurance or shall otherwise obtain insurance coverages, as described in Exhibit"D", with admitted insurers authorized to do business in the State of Florida and which are rated "A-/VIII" or equivalent in Best's Key Rating Guide, or any successor thereto(or if there is none, a rating organization having a national reputation); upon Grantor's or Developer's request, City {00390070.1 306-9905263} 5 Page 648 of 701 shall provide to Grantor and Developer a copy of each such policy or a certificate of insurance. Furthermore, any policy of insurance maintained by City in connection with the Easement Property shall provide that written notice shall be given to all insured parties, additional insured parties, and holders of certificates of insurance at least thirty (30) days prior to suspension, cancellation, termination, modification, non-renewal or lapse or material change of coverage. Subject to applicable law, in no event shall the limits of any insurance policies (or the City's election to self-insure as to any risks in connection with the Easement Property)limit the liability of City under this Easement. 11. Miscellaneous. a. The intended and primary use of the Easement Propel&is for Cii loyee, City invitees, and general public parking, and such A."Will e priority o ' her uses unless a like number and quality of alternativerki ;# ' ,} rovided at� �� cation reasonablyagreed to b the Cit in accordance w thea , of this F: ement. The exercise of the rights and privile fb g p i, nted her sh ' I,� �� ised in a manner which does not unreasona 1 i sru t t,e normal use Y � � 1, x p business or occupation of the PrQ, or any rove° ted or to be located on the Grantor Property or the Ease Prope� I, , b. All provisions of this E the ant rihereunder shall run with the land and shall b :g ' ding up ' ntor '` its ''ccessors and assigns. The Grantor Property Os {reafter be '' , solnveyed operated and leased subject to the ements frictions, c nant �and conditions contained in this Easement. 1 c. All no ds retests or ommumcations required hereunder shall be ig�kwritm ervice elvia r, ogniz express courier (such as FedEx or United P 14, r via �tates registered certified mail postage prepaid burn reel ipt req ted, addressed to each party hereto, as the case may be, at the ass fid hereina ve provided or such other address as any party may from kry '"tf ifi a Al . tl 7 e csig ate i G meriting to the other. 111411, is Ea°` nt sh �' e governed by and construed in accordance with the laws of �� z State I�. Venue of an litigation or administrative proceeding shall be Y g P g ° ,� � '11 exclusively i,. palm Beach County, Florida. The prevailing party in any litigation 'sing from the terms of this Easement shall be entitled to recover its reasonable ine .s' fees, both at trial and on appeal, as well as court costs, from the non- pr eY ing party. e. The captions used in this Easement are solely for the convenience of reference and shall not in any way limit or amplify the terms and provisions hereof. f. This Easement may be executed in counterparts, each of which will be deemed an original as against any party whose signature appears hereon, and all of which shall constitute one and the same agreement. {00390070.1 306-9905263} 6 Page 649 of 701 g. This Easement may not be terminated, modified or amended except as provided herein or as otherwise agreed to in a written document executed by the parties hereto or their respective successors in interest. h. Any invalidity of any of the terms and conditions or provision of this Easement by judgment, court order or otherwise shall not affect any of the other terms, conditions or provisions of this Easement. i. A like Easement Agreement will be executed conterm aneously with this Agreement by the parties to address additional tempo pafig on JKM BTS Central, LLC property. j. City shall not be liable or responsible to Gr for b{' nd the molimits specified in Ch. 768.28, Fla. Stat., regardlessIo ''�. eth d liability b` ' '� sed in tort, contract,indemnity or otherwise; and in no eve&jt hale' ;pe liable t i rantor for punitive or exemplary damages or rofits o' o{ nsages. [SIGNATURES AND ACKN9 EDGNON THE FOLLOWN GES] A ok "Pall" iqq' � W"� rip {00390070.1 306-9905263} 7 Page 650 of 701 IN WITNESS WHEREOF, the parties hereto have executed this Easement as of the day and year first written above. Grantor: Signed, sealed and delivered in the presence JKM BTS North, LLC, a Florida limited of: liability company Witness #1 By: JKM BTS r i lapital, ',LC, a Florida limited li 'ility compa ", its Printed Name: Manager , �� i frrk� 4�#rid ix}Pf�it € y. � (i Witness #2 A P. anM ! er ' Printed Name: a g " Oil!!� 10511 STATE OF FLORIDA COUNTY OF PALM BEACH4r ,' IN �' The foregoing instrument was ackged before" ,k'by orf El physical presence or El online notarization, this of A ° t 2020, byjr am Freedman, as Manager of JKM BTS Capital, LLC, a Florida fimf'S liabi ompany ; Manager of JKM BTS North, LLC, a Florida limited liability company, on� half of h co 4 , ny, who (j is personally known to me or(�produced '§ `£ ,.. F�4 as identification. p ��} � '�14 ,Ci NOTARY PUBLIC, State of Florida ,� `tea �1 �� ' fir, Print Name , fax 1t4 My Commission expires: Serial No.: 1p 4(py i i'y (SEAL) rip. {00390070.1 306-9905263} 8 Page 651 of 701 Developer: Signed, sealed and delivered in the presence of: JKM BTS Capital, LLC, a Florida limited Witness #1 liability company Printed Name: By: Adam P. Free „ !Tanager Witness #2 �; ? Printed Name: k : '7i"'i1� II1 STATE OF FLORIDA g } � ',,, COUNTY OF PALM BEACH �}}# The foregoing instrument was acknowledged befo�i } a by m� s of ❑ physical presence or ❑ online notarization, this day of Au 020, b�'! } am P.'- edman, as Manager of JKM BTS Capital, LLC, a Florida limited ny ' ehalf 11#dch company, who (� is } personally known to me or (� duced 'x � as identification. Aidk4''i � } 0 My Commission expires: 09, }� Serial No.: �� (SEAL) �k�r,Uk �o {00390070.1 306-9905263} 9 Page 652 of 701 Signed, sealed and delivered in the presence of: CITY OF BOYNTON BEACH,FLORIDA, a political subdivision of the State of Florida Witness #1 Printed Name: By. Steven B. Gr}p`o711$, #yor Witness #2 Printed Name: Attest:�iik{ s} 4{I{ k k �ik r STATE OF FLORIDA , t 1,5111111 to '#` ; COUNTY OF PALM BEACH { }�}r�� i; t k r {{{ c The foregoing instrument owledged re m 14neans of ❑ physical presence or El online notarization, this ��, day o ust, 202 Steen B. Grant, as Mayor of the City of Boynton Beach Florida a poli' 1 sub �on oft State of Florida who (� is personally �k� �{"��i�k k 7 known to me or(�pro ed as identification. {{}},, "01 of } FT eal , { ] Notary Public ��{ U�� Printed Name: � � ��? My commission expires: 0 {00390070.1 306-9905263} 10 Page 653 of 701 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR PROPERTY Parcel 2, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. If lip 1110'S 4' s� U (Mi 110 3 � if 04 at fit golff ,k{ PiA '1710 1 r i� 4 0,t 0 - {00390070.1 306-9905263} 1 1 Page 654 of 701 EXHIBIT `B" LEGAL DESCRIPTION OF SOUTH PARCEL Parcel 7, Boynton Beach Town Square, according to the plat thereof as recorded in Plat Book 127, Page 1, Public Records of Palm Beach County, Florida. A� 1110 „ 'Sip f R, P � 0 �t � ��i�� f f",, Ilk ) iFk r �Y�C ' S #r�o�s)tdl}i't,i{llq�"' �ii,IN �i r ' {00390070.1 306-9905263} 12 Page 655 of 701 EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT PROPERTY A parcel of landing being a portion of Parcel 2,BOYNTON BEACH TOWN SQUARE, according to the Plat thereof as recorded in Plat Book 127, Page 1 of the Public Records of Palm Beach County, Florida. Being more particularly described as follows: Commencing at the Southwest corner of said Parcel 2; Thence North 00°20'03" West (as a basis of bearings) along the West mosWest line of said Parcel 2, a distance of 30.30' to the POINT OF BEGINNING; M �� : Thence continue North 00° 20' 03" West along said Westernmost W line, a is of 24.00 l#, feet; a ti x „ 91 Thence North 89°40'29" East, a distance of 29.40 feet to a point 1 5 t East of a parallel with (as measured at right angles)the Easternmost West line of sai �, rce'1 Thence North 00° 19' 56" West along said parallel lin �� of 284 00 feed; Thence North 89° 40' 29" East, a distance of 247.13 eet �'' }'"r'1��1iii ai �, 0 !� § � t Thence North 00° 19' 31" West, a distance of 16 � et to a� ,nt being o ie North line of said Parcel 2; Thence North 89° 16' 40" East along said N, ne, a n of�a `� feet; r c Thence South 00° 19' 31" East a distanc tot int o r�,urvature of a circular curve to the right; 5 �]{@_ { tit {7� Thence Southerly and Westerly alj,' ' � soll"',', f saidcA",,a hav, g a radius of 40.00 feet, a central angle of 67°19'05 for a distance 47.0 �Thence South 00° 19' S6" East a dunce09 fI e Thence North 89° 40' 29" East, a diste of 1' f{ r et to a point being on the East line of said Parcel 2; �� }1 Thence South O1° 2t E� alo��'�� ?'ri line, a distance of 24.00 feet; Thence South 89°0 ' f4-- Wes distance of 1 .11 feet Thence South 20' 03 , ast a ,ance of 20.37 feet; 06, Thence Soutli8i, 57 st a dis�' e of 56.71 feet; Thence 00f East a 'stance of 9.86 feet Then �ou' 7; .:° 39 41 ,{„West #.� ,istance of 71.32 feet; Not&' prod ing th'` �es and distance coinciding with the Southern limits of said Parcel q 2Ja' r° Thence No , X00 20' 03” f est, a distance of 30.25 feet; Thence South 40' 29" West, a distance of 303.76 feet to the POINT OF BEGINNING. Said lands situat " ng and being Section 28, Township 45 South,Range 43 East, City of Boynton Beach, Palm Bead County, Florida. Containing 1.89 acres more or less. t00390070.1 306-9905263} 13 Page 656 of 701 EXHIBIT "D" Insurance Coverage Automobile Liability Bodily injury and property damage liability covering all owned, non-owned and hired automobiles for limits of not less than $500,000 bodily injury each person, each accident and$500,000 property damage, or $500,000 combined single limit each occurrence/aggregate. Commercial General Liability Bodily injury and property damage liability as shall protect thelty or ntor from c � s of bodily injury or property damage which arise from the use of fiAserri' The amoun' of such insurance shall be $2,000,000 per person, $2,000,000 per occurrenc& nd ' e ate limit of$5,000,000.00. This insurance shall include coy rod�i�/comp ed operation personal injury liability and contractual liability assteed 1 4' � � `' '� provision of this Easement. 4 ,C �. Workers' Compensation Insurance Meeting the statutory requirements of s,t orida and� � yer � ��ity of$1,000,000 per accident limit, $1,000,000 disease per polic �i �1,000,000 � �ease ch employee limit, providing coverage for employees and ow Professional Liability Insurance �1�� In an amount of notj"sthari (� r �Clasm and $2,000,000 aggregate. , i# PiA '171, } 41 } a t00390070.1 306-9905263} 14 Page 657 of 701 CONSENT TO EASEMENT BI 58 LLC, a Florida limited liability company ("Mortgagee"), is the holder of that certain Mortgage and Assignment of Leases and Rents, recorded in Official Records Book 31110, Page 1715 of the Public Records of Palm Beach County, Florida (the "Mortgage"), upon the Property described therein. Mortgagee hereby consents to the granting of the covenants, restrictions and easements set forth in the foregoing Easement as described in the foregoing instrument. IN WITNESS WHEREOF, Mortgagee has executed this Cons,, � to Easement this day of August, 2020. �� " BI 58 LLCJ1 � � t a Florida lir'i 3o. abi j � ompany 6� at st, }�I� i��'�7a�477f��8'&��##�k� Signed, sealed and deliveredI'}{ ��tt. ' B { { 11 ,til 041.1(4141.11141014 tft e: { o It S', u Witness Print Name �k' , V? 0 04 Witness Print Name ,{lI1lEa� if STATE OF FLOR i{ COUNTY OF l J mJ The forego trun� iwas ac ledged before me by means of ❑ physical presence or ❑ Yf��="''��{�+�{�;�(�iy+. �� Y�{.';.� lit„• online n ,rizat� � his ��;; , day ugust, 2020 by as of BI 58 i Flo ` limite' i 1O�ity company, on behalf of such company, who (� is personally known to�A � '`produced .,f��' as identification. Notary Public My Commission expires: t00390070.1 306-9905263} 15 Page 658 of 701 12.B. LEGAL 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Discussion and direction by City Commission regarding the Letter of Intent from Mallorca Isles, LLC., regarding the Nickels Blvd property. (Tabled from the September 15, 2020 Commission meeting.) Explanation of Request: The City owns approximately 14.7 acres of land commonly referred to as the Nickels Blvd property. The land is undeveloped and outside the City boundaries. It is currently governed by Palm Beach County Land Development Regulations. On November 5, 2019, the City Commission was presented with a Letter of Intent from Pulte Homes to purchase the 14.7 acres. Following negotitions with Pulte, the City Commission approved a Purchase and Sale Agreement but the Agreement has not been signed. Subsequent to the City Commission approval of the Purchase and Sale Agreement the City Manager received a Letter of Intent from Mallorca Isles, LLC., for the purchase of the same property. The City holds a $10,000 good faith deposit from Pulte Homes. Direction is sought as to whether the City Commission wants to proceed with the Purchase and Sale Agreement with Pulte Homes for$2,275,000.00, in which case the Mayor can sign the Agreement or, authorize the City Manager to further explore the Mallorca Isles LOI option and notify Pulte Homes that the Purchase and Sale Agreement is being held in abeyance. If the Commission does not want to proceed with the Purchase and Sale Agreement with Pulte Homes, a motion to rescind Resolution R20-087 must be made and adopted. How will this affect city programs or services? n/a Fiscal Impact: n/a Alternatives: Explore alternative marketing strategies to sell the City's 14.7 acres. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 659 of 701 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Letter Mallorca Isles Letter of Intent D Letter Pulte Homes Letter of Intent Minutes of the August 19, 2020 City Commission D Minutes Meeting discussion on Purchase and Sale Agreement with Pulte Homes D Agreement Purchase and Sale Agreement for Nickels Blvd with Pulte Homes D Attachment Section 2-56(c) Sale of Real Property Page 660 of 701 Centennial Management Corp. 7735 NW 146 ST Harris Lakes, FL 33016 (305)821-0330 Fax (305)821-0402 LETTER OF INTENT TO PURCHASE REAL PROPERTY 8/20/2020 Property: 15.026 AC Parcel Control Numbers: • 00-43-45-19-00-000-3010; • 00-43-45-19-03-006-0080; • 00-43-45-19-04-006-0250; • 00-43-45-19-04-008-0200 To Whom It May Concern: This shall serve as a letter of intent to purchase the above referenced property. This is not intended to and shall not be construed as creating a contract between the Buyer and the Seller. Only a firlly executed agreement for purchase and sale of the property shall serve to bind the parties. 1) Buyer: Mallorca Isles, LLC 2) Seller: City of Boynton Beach,Florida 3) Price: $3,185,000.00 based on the approval of 90 lots 4) Deposits: A FIFTEEN THOUSAND DOLLAR($15,000.+60) refundable deposit due three(3) business days following the execution of the Contract. A FIFTEEN THOUSAND DOLLAR($15,000.00)non-refundable deposit due five(5)business days after expiration of the Investigation Period A ONE HUNDRED TWENTY-FIVE THOUSAND DOLLAR($125,000.00) refundable deposit due five(5)business days after expiration of the Investigation Period 5) Due Diligence: 30 Days frons execution of Contract. 6) Property condition: Property is being sold"AS IS"with Seller making no representations and no warranties concerning the property. 7) Financing: N/A(Cash deal) 1 Page 661 of 701 8) Closing: The closing(the "Closing") shall be held at the offices of Escrow Agent, by "mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty(30)days after the expiration of the Due Diligence period. 9) Brokers: Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. 10) Exclusivity: Upon full execution of this Letter of Intent, Seller hereby agrees not to enter into any agreement, binding or otherwise with any other prospective purchaser for the Property. 11) Liens: Seller shall deliver the Property free of liens and at least ten(10)days prior to closing. If this Letter of Intent is acceptable, purchase contract shall be prepared by the Buyer's attorney. This offer will stay in effect untij,-Sprn of August 31, 2020. Sincerely, l Buyer: x mdfloreafiq'es, LC/ By/- Le,Msj,Sw4y lit Seller: Agreed and accepted this day of 2020 CITY OF BOYNTON BEACH,a Florida municipal corporation By: Name: Title: 2 Page 662 of 701 City of Boynton Beach—Nickels Blvd. November 18,2019 TO: Colin Groff, P.E,Assistant City Manager,City of Boynton Beach Subject: City of Boynton Beach-Nickels Blvd.1,0I This letter is to serve as a Letter of Intent(LOI) for Pulte Group to enter into contract negotiations to acquire+/- 14.7 acres of property known as the Nickels parcels,located in Boynton Beach, FL. Pulte Group has maintained the highest cash and lowest debt ratios amongst our peers through the ups and downs of the housing cycle. Our company has the capital to complete this transaction and we will not include any 3rd party lending approvals as part of our offer to purchase. Pulte understands there is a deed restriction and will bear all the costs of getting the deed restriction removed as well as the entitlements.We are prepared to work with all parties to resolve the deed restriction quickly. The general parameters for the proposed transaction are attached. Pulte agrees to work with the City of Boynton Beach to allow for the property to be annexed into the City at such time it become contiguous with the City limits. We look forward to hearing from you and want to assure you we are prepared to act quickly in working to arrive at a mutually acceptable contract. Respectfully, Pulte Group Awsm ft" Andrew Maxey VP of Land Acquisition Southeast Florida Division Cc: Brent Baker, Division President, Pulte Group Cc: Eliot Goldstein, Land Acquisition Analysts, Pulte Group (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 663 of 701 *Pu Ite i J i City of Boynton Beach—Nickels Blvd. 1. Property Description: The property consists of +/-14.7 acres of land located in Unincorporated Palm Beach County,off Nickels Blvd,as shown below: f i a§.lyt i. L m 1 .d '-...iF:dkrv�RO"w#4'eta°ter PCNs: 00-43-45-19-00-000-3010,00-43-45-19-03-006-0080, 00-43-45-19-04-006-0260,00-43-45-19-04-008-0200 2. Price Determination.The purchase price for the property is estimated to be $2,275,000 calculated based on an assumed entitlement of 91 Units. 3. PSA: Both parties agree to work together to execute a mutually acceptable contract within(60) sixty days after the parties execute a mutually acceptable LOI. 4. Deposits. First Deposit: $10,000 (Cash) Deposit is due within five (5)business days after the parties execute a mutually acceptable LOI and is non-refundable.The First Deposit is to be creditable against the total Purchase Price at Closing. Second De osit: Upon the end of the Inspection Period,Buyer will deliver,within five (5) business days,an additional$10,000 in cash directly to the seller and an additional deposit of$94,000 to Escrow Agent. The Second Deposit is to be creditable against the total Purchase Price at Closing. S. Inspection Period. Pulte will require 90 days from the signing of the contract in which to investigate the property at Buyer's expense.Pulte will have the right to buy(1) 30- day extension to closing by paying$5,000 in cash directly to the seller.The payment will be non-refundable but applicable to the purchase price. 6. Entitlement Period. Following the expiration of the Inspection Period and notice to proceed from buyer,Pulte shall have a period of 12 months to obtain the necessary entitlements to develop the property.Pulte will have the right to buy(1) 3-month (00344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 664 of 701 *Pu Ite City of Boynton Beach—Nickels Blvd. extension to closing by paying$20,000.The payment will be non-refundable and not applicable to the purchase price. a. Pulte will bear all the costs of getting the deed restriction removed as well as the entitlements. 7. Closing Schedule. Pulte shall close within 30 days of fulfillment of closing conditions or Entitlement Period termination date (whichever is earlier). 8. Conditions to Close. a) Palm Beach County revoking the deed restriction to allow for residential uses b) City of Boynton Beach vacating the existing ROW c) Final DRO site plan approval (non-appealable form) for a minimum 91 units d) Technical Compliance of Preliminary Plat and Construction Plans e) ERM Lake Excavation Permit f) LWDD Permit g) SFWMD ERP Permit This letter is not intended to create legal commitments binding upon either Pulte or the Seller. Said parties shall become legally bound only if and when they execute a mutually acceptable contract. If the foregoing is acceptable,please indicate your approval by signing this letter in the space provided below and return one signed copy to Pulte at the address shown on this letterhead. Upon receipt of the acceptance,Pulte will commence preparation of a mutually acceptable written contract. Agreed and Accepted: By:. Seller Date: 100344094.1306-9001821) 4400 PGA Blvd.,Suite 700 Palm Beach Gardens,FL 33410 Page 665 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 other co-working spaces or incubator spaces, creating one and making it affordable and making it right here within the Town Square within the downtown, attracts all those things. This helps to expand the city's vision and where the city is trying to go. She is 100%, maybe even more in favor of what is being done and the direction and trajectory that she believes it will take the residents and the community in the near future. This is just one more step towards that process and would not do anything to deter from that. She said she provided the information because she believes it is relevant. B. Discuss direction to City staff for the 2021 International Kinetic Art Exhibit and possibly consider Resolution No. R20-086 - Authorizing the City Manager to sign a proposal and purchase order for Zucker& Lewis Media Group, LLC to manage and promote the event, currently scheduled for February 6-7, 2021. (Heard earlier in the Meeting) C. Presentation by Staff on the parameters of SHIP and CDBG programs to provide home ownership assistance for residents. (Heard Earlier in the Meeting) 10. Unfinished Business (none) 11. New Business- None A. Proposed Resolution No. 20-087-Authorize the Mayor to sign the Purchase and Sale Agreement with Pulte Home Company, LLC., for a City owned parcel known as the Nickels property. Mayor Grant read the proposed Resolution No. R20-087 into the record by title only. Mayor Grant asked about the timeline. What are the time dates for funding? Colin Groff, Assistant City Manager, responded the Pulte Group has already deposited a down payment to help cover the city's legal costs. Noted the deposit is nonrefundable. As of today, if the resolution is authorized, the Pulte Home Company, LLC will have 90 days to collect information on the land; this is called due diligence. Once this is done, they will have 360 days or one yes to receive all development approvals. Once the Pulte Home Company receives all the development permits, at that time the property will close and the remaining balance must be paid to the city. Mr. Groff stated the money that they're paying upfront is non-refundable, that covers our costs. If they terminate the contract, you know the purchase and sale sometime before they close, they carry all the cost. If the city chooses to, after the 90 days the city chooses not to follow through with the contract, then the city would be responsible for the cost. Staff recommends approval of this, because the property, again, as you all are aware, is outside the City limits. It will have annexation agreements in place, when such time it can be annexed it will be. They will also be water and sewer customers' revenue. 22 Page 666 of 701 Meeting Minutes City Commission Meeting Boynton Beach, Florida August 19, 2020 Motion Vice Mayor Penserga moved to approve Resolution No. R20-087. Commissioner Katz seconded the motion, which passed unanimously 12. Legal A. Proposed Resolution No. R20-088 - Approval of Settlement Agreement Between the City of Boynton Beach and Eckols '76 LTD and Eckols '86 LTD and authorizing the City Manager or the City Manager's Designee to execute the Settlement Agreement. Mayor Grant read the proposed Resolution No. R20-088 into the record by title only. Attorney Cherof stated this is a settlement offer in a foreclosure action. The City has liens on the property in the $850,000 range. The property is worth in the $250,000 range. The defendant, Eckols'76LTD and Eckols 86, has decided that would rather settle the case than to litigate. The subtle end result would be the city would own the property. The property is free and clear of any encumbrances, and the city is encouraged to take it on that condition. Mayor Grant said he believes it would have other encumbrances. Attorney Cherof indicated the city title search indicates the property does not have any encumbrances on it. Mayor Grant asked other than the City liens? Attorney Cherof stated that was correct. Those liens would be merged into our ownership, and the lawsuit for foreclosure would be dismissed with prejudice. Mayor Grant asked if the city would receive a quick claim deed or a warranty deed. Attorney Cherof responded the city would receive a Warranty Deed. Motion Commissioner Katz moved to approve Resolution No. R20-088. Vice Mayor Penserga seconded the motion, which passed unanimously. Mayor Grant announced some sad news regarding the Grand Marshall for 2017, Enrique Zanada passed away, CEO of the Soup Kitchen on West Boynton Beach Boulevard. Mayor Grant indicated he spoke with staff regarding the Urban Tree Canopy Study and requested a discussion regarding ways of funding for sustainability of trees, a tree fund for developers, a utility sustainability program and a memorial tree fund. He heard the city had it on the books. Lori LaVerriere, City Manager, stated the City received donations sporadically in the past. Set up a 691 fund and there is no balance. Indicated the structure is ready to accept 23 Page 667 of 701 AGREEMENT FOR PURCHASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE (this "Agreement") is dated as of the Effective Date (as defined in Section 27) and entered into by the City of Boynton Beach, Florida, a Florida municipal corporation ("Seller"), and Pulte Home Company, LLC, a Michigan limited liability company, and/or its assigns ("Buyer'). BACKGROUND: A. Seller is currently the owner of certain parcels of real property containing approximately 15 acres in the aggregate, located in unincorporated Palm Beach County ("County"), Florida, and which is more particularly described on Exhibit"A" attached hereto and made a pant hereof("Land"). The legal description of the Land shall be subject to verification by a survey prior to the expiration of the Investigation.Period, as defined in Section 4 herein. B. The Land is being acquired with the primary intent of developing a residential community containing a minimum of ninety-one (9 1) single-family residential units, together with associated amenities,parking and other property features (the"Buyer's Intended Use") C. The parties to this Agreement have agreed to the sale and purchase of the Property on the terms and conditions which are set forth in this Agreement. AGREEM ENT: 1. Purchase and Sale. Subject to all of the terms and conditions of this Agreement, Seller will sell to Buyer and Buyer will purchase from Seller the Land, together with all appurtenances, rights, easements, and development rights of way incident thereto, including, without limitation, the following(collectively, with the Land, the"Property"): (a) All easements, rights of way, privileges, licenses, appurtenances and any other rights, privileges and benefits belonging to the owner of, running with title to, or in any way related to,the Land, if any; (b) All land use rights or other consents, authorizations, variances, waivers, licenses, permits, vested concurrency rights, approvals, development orders, or any other approvals issued or granted by or from any governmental authority with respect to the Land, if any; (c) All percolation, soil, topographical, traffic, engineering and environmental reports, appraisals or studies in the possession or control of the Seller, and all riparian, littoral rights,title to submerged lands and other water rights related to or benefiting the Land, if any; (d) All existing rights to sewage treatment capacity, potable water capacity, utility mains, service laterals, hydrants, connections, hood-ups and valves located on, or adjacent to, and servicing or available to service the Land; i I 100391/542 30Cr9903441) WPBDo1us 10386778 6 Page 668 of 701 (e) Any and all other agreements, contracts, covenants, variances and rights, benefits and privileges, and all other intangible rights of Seller related to or benefiting the Land, if any, including the prospective abandonment of unwanted casements or rights of way. 2. Purchase Price. (a) Purchase Price. The total purchase price for the Property is TWO MILLION TWO HUNDRED SEVENTY FIVE THOUSAND and No/100 Dollars ($2,275,000.00) ("Purchase Price"). (b) Initial Deposit. Buyer has previously delivered to Seller a cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) ("Initial City Deposit") following the execution of a Letter of Intent relating to the purchase of the Property. (c) Additional Deposits. Within five (5) business days after the expiration of the Investigation Period, Buyer shall (i) deliver directly to Seller an additional cash deposit in the amount of TEN THOUSAND DOLLARS ($10,000.00) (the "Additional City Deposit" and, together with the Initial City Deposit, the "City Deposits"), and (ii) deliver an additional cash deposit to Goren, Cherof, Doody & Ezrol, P.A., as escrow agent ("Escrow Agent"), in the amount of NINETY FOUR THOUSAND DOLLARS ($91,000.00) (the "Escrow Deposit", and together with the Additional City Deposit, the"Additional Deposits"). Escrow Agent shall hold the Escrow Deposit in a federally insured escrow account. (d) Treatment of Deposits. The Initial City Deposit and the Additional Deposits, together with all interest earned on them, are collectively referred to in this Agreement as the "Deposit", as applicable, and the Deposit shall be fully applied to the Purchase Price at Closing. Upon payment, the City Deposits shall be non-refundable to Buyer except in the event of a Seller default tinder this Agreement or under the circumstances expressly set forth in Section 5(a). (e) Payment of Purchase Price. At the time of Closing, the Buyer will pay to Seller by wire transfer of funds the balance of the Purchase Price as adjusted for prorations and adjustments as set forth in this Agreement. 3. Title Insurance; Survey. (a) Title Commitment. Within fifteen (15) calendar days from the Effective Date, Buyer shall, at its sole cost, obtain an ALTA title insurance commitment with respect to Property ("Title Commitment") (accompanied by electronic copies of all docurnents affecting the Property and which are set forth as exceptions therein), issued by any major national title insurance underwriter selected by Buyer (the "Title Company"). The ALTA Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment shall be referred to tinder this Agreement as the"Title Policy" (b) Title Objections. Buyer shall have fifteen (15) calendar days from the later to be received of both the Title Commitment and the Survey (as defined in Section 3(c)) to give Seller written notice ("Objection Letter") of those matters shown in the Title Commitment or the Survey to which Buyer objects ("Title Objections"). If the Buyer fails to provide the Objection Letter to Seller within such time period, then, for all purposes of this Agreement, the Buyer shall WPSDOCS 10386778 6 [90391354.2 306-99054411 2 Page 669 of 701 be deemed to have accepted title in the condition described in the Title Commitment. Except for Monetary Liens(which Seller shall be required to satisfy or otherwise cure whether or not timely objected to by Buyer), any title exceptions which are not objected to within such time period shall be deemed to be acceptable to Buyer and permitted exceptions ("Permitted Exceptions"). (c) Kure Period. By no later than. ten (10) business days after receipt of the Title Notice (the "Cure Period"), Seller may, at Seller's sole discretion, attempt to eliminate or modify all unacceptable matters to the satisfaction of Buyer, but Seller shall have no obligation to do so, except that Seller shall be obligated to pay, discharge or bond off any monetary lien or monetary encumbrance affecting all or any portion of the Property ("Monetary Liens") prior to the Closing, provided such lien or encumbrance is not created by Buyer. Monetary Liens shall specifically exclude taxes and/or assessments levied by any private or governmental agency and attributable to a period of time on or after the Closing Date. If any Title Objections are not cured (as determined by Buyer) within the Cure Period (other than Monetary Liens which. Seller shall release or satisfy prior to Closing), Buyer may elect to (i) terminate this Agreement and the Escrow Deposit shall be returned by Escrow Agent to Buyer, and all parties hereto shall be released from any and all obligations and liabilities hereunder or (ii) waive any Title Objections, by written notice to the Seller, in which event such Title Objections (other than Monetary Liens) shall be deemed Permitted Exceptions and the Closing shall take place pursuant to this Agreement without any abatement in the Purchase Price. If Buyer fails to notify Seller of either election under the preceding sentence within ten (10) business days subsequent to the end of the Cure Period, then Buyer shall be deemed to have waived any such Title Objections (other than Monetary Liens). Notwithstanding anything contained in this Agreement to the contrary, at or prior to Closing, Seller shall deliver such documentation or take other action necessary for the Title Company to delete the "standard exceptions" under Schedule B-11 of the Title Commitment relating to the "gap", survey matters (subject to Buyer's delivery of a current Survey and any specific matters disclosed therein identified by the Tide Company), unrecorded easements, parties in possession, and construction liens. (d) Updated Title Commitment. In the event that any matter shall be recorded against the Property between the date of the Title Commitment and the Closing Date, which is not contained in the Title Commitment ("New Matter"), then each such New Matter shall be deemed to be objectionable to Buyer and shall be removed by Seller promptly upon Buyer's. request, but in all events, prior to the Closing Date. Prior to the Closing Date, 'Seller shall obtain and deliver to Buyer an updated Title Commitment with an effective date no earlier than fifteen (15) days prior to the Closing Date. (e) ,Survey. Within fifteen (15) calendar days from the Effective Date, 'Seller shall provide to Buyer (and its counsel) a prior survey with respect to the Property, if one exists, ("Existing Survey"), provided Seller has a survey in its possession. By no later than sixty (60) calendar days after the Effective Date, Buyer, at its sole cost and expense, shall obtain an accurate survey of the Property, showing all recorded easements on the Property, certified to the Title Company, Escrow Agent, and Buyer, prepared by a registered surveyor in the State of Florida in accordance with the minimum technical standards imposed under Florida Administrative Code Chapter 5J-17.(}50-.052 or ALTA/ACSM(the "Survey"). Buyer may give notice in its Objection Letter of any defects or matters unacceptable to Buyer, which shall be treated as a Title Objection as provided in Section 3(b) above. Any matters reflected on the WPBD4C5 10386778 6 100391154.2306-99054411 3 Page 670 of 701 Survey to which Buyer does not expressly object in Buyer's Objection Letter shall be deemed Permitted Exceptions. 4. Investigation Period. (a) Property Documents. Within fifteen(15) calendar days after the Effective Date, Seller shall provide Buyer with any and all relevant information relating to the Property which is in Seller's possession, custody or control, including but not limited to all surveys, topographical maps, soil borings reports, traffic studies, agreements, environmental reports, appraisals, site planning concepts, permits, leases, contracts, project approvals, property tax bills, regulations and or other governmental or quasi-governmental matters affecting the Property (the "Property Documents"). In addition, Seller shall deliver to Buyer any additional information with respect to the Property within ten (10) calendar days of the Seller's receipt thereof, which upon delivery shall constitute Property Documents. (b) Inspections. Buyer shall have a period commencing on the Effective Date and expiring ninety (90) calendar days thereafter (the "Investigation. Period"), to inspect the Property in order to determine whether the Property is acceptable to Buyer for Buyer's Intended Use, in its sole and absolute discretion. During the term of this Agreement, Buyer and Buyer's contractors, consultants, employees, and other representatives shall have the right to conduct, at their own expense, inspections of the Property in order to determine if the Property is acceptable to Buyer in its sole discretion. Seller hereby grants to Buyer and its agents, servants, employees, contractors and representatives, a right of entry upon every portion of the Property, and a right to examine all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller or other matters pertaining to the Property(and Seller hereby agrees to make any and all records, documents, data or information of any kind or nature relating to or concerning the Property in the possession or under the control of Seller available to Buyer) from time to time at all reasonable times for the purpose of inspecting the Property. Such inspections may include, but shall not be limited to, surveying, environmental studies, soil borings, wetlands assessments, and utilities and site planning studies, zoning and land use analysis, the analysis of the anticipated construction costs for development of the Property, and any other matters deemed appropriate by Buyer in its sole discretion. Buyer may also contact all applicable agencies and governmental authorities having jurisdiction over the Property to discuss and evaluate Buyer's Intended Use of the Property. Seller confirms and acknowledges that such inspections and testing will be a necessary part of the due diligence to be performed by the Buyer. During the Investigation Period, the Buyer will prepare and submit to Seller's staff a more detailed site plan for the Buyer's Intended Use; however, Seller shall have no right to approve, or otherwise require modifications to, the site plan. (c) Indemnification. The Buyer hereby indemnifies and holds the Seller harmless from any loss, cost or expense, including, but not limited to reasonable attorney's fees and out- of-pocket costs actually incurred by the Seller, as a result of the negligence or misconduct of any of Buyer's agents who enter the Property prior to Closing. The indemnification provided herein shall survive any termination or dosing under this Agreement. Buyer small have no indemnification obligation or other liability for, or in connection with any claims arising from pre-existing conditions on or under the Property, or those arising from the presence, discovery, WPBBOCS 10386778 6 (0039][54.23W9905441) 4 Page 671 of 701 or disturbance of "Hazardous Substances" as such term is defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.19601 et sect. and the regulations promulgated thereunder(as amended from time to time) and shall include oil and oil waste as those terms are defined in the Clean 'Water Act, 33 U.S.C. '1251 et serf. and the regulations promulgated thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42 U.S.C. '6901 et seq., and the Florida Resource Recovery and Management Act, Florida Statutes `403.70-403.73, each as amended from time to time, and also shall include any other elements or compounds contained in the list of hazardous substances adopted by the United States Environmental Protection Agency(the"EPA"), or any other substance or material defined or designated as a hazardous or toxic waste material or substance or other similar term by an federal, state environmental statue, regulation or ordinance presently in effect, as such statute, regulation or ordinance may be amended from time to time or any petroleum or petroleum derivative products. (d) Acceptance Notice. Notwithstanding anything to the contrary contained in this Agreement, in the event that Buyer, in its sole and absolute discretion, is satisfied with the results of its inspections, Buyer may elect to proceed with the transaction described herein by providing written notice to Seller no later than the expiration of the Investigation Period ("Acceptance Notice"). If(i) Buyer does not provide Seller with the Acceptance Notice before the expiration of the Investigation Period or(ii) if Buyer provides written notice to Seller prior to the expiration of the Investigation Period that Buyer disapproves of the feasibility of this transaction, then, in either case, this Agreement shall be deemed terminated and shall be null and void without recourse to either party hereto, except for those obligations which expressly survive the termination of this Agreement. In the event Buyer timely sends the Acceptance Notice on or before the expiration of the Investigation Period, then Buyer shall be deemed to have elected to proceed with this Agreement and to be satisfied with its inspections. (e) flight to Extend Investigation Period. Buyer shall have the right (provided Buyer is not in default hereunder) to extend the Investigation Period for one thirty(30) calendar day extension period ("Inspection Extension Period") by providing Seller with written notice of such election by no later than three (3) calendar days prior to the expiration of the Investigation Period. Buyer shall pay directly to Seller, within three (3) business days prior to the end of the Investigation Period, a nonrefundable extension fee in the amount of Five Thousand Dollars ($5,000.00) ("Extension Fee"), which shall be applied to the Purchase Price due at the Closing. 5. Approvals Period. (a) Approvals. During the Approvals Period as defined herein, the Buyer will, in good faith, seek to obtain the following approvals for the purpose of enabling Buyer to develop the Property for Buyer's Intended Use (the following items being hereafter collectively defined as the "Approvals"). The "Approvals Period" shall mean the period from the date the Investigation Period expires until that date which is three hundred sixty-five (365) calendar days thereafter, provided that Buyer shall have the right, upon giving notice to Seller no later than fifteen (15) days prior to the originally scheduled expiration date of the Approvals Period, to extend the Approvals Period for an additional thirty (30) calendar days, so long as Buyer is still seeking, and continues to seek, in good faith, to obtain the Approvals as set forth below. WPBDOCS 10386778 6 (00391154.2 30&990544.1) 5 Page 672 of 701 (i) Buyer shall have obtained in a final and non-appealable form, a DRO site plan approval for the Property from Palm Beach County and all other required governmental authorities whose approval, consent or permitting is necessary for the development of the Property for Buyer's Intended Use("DRO Site Plan Approval"). (ii) Buyer shall have obtained from South Florida 'Water Management District ("SP'WMD") an environmental resource permit, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use("ERP.Approval"). (iii) Buyer shall have obtained an Environmental Resource Management Lake Excavation Permit from Florida DEP, in a final and non-appealable form, for the development of the Property for Buyer's Intended Use(the"ERM Permit"). (iv) The Future Land Use Plan designation for the Property shall be final and non-appealable, if the designation has been changed, and shall allow the Property to be developed for Buyer's Intended Use. (v) Buyer shall have obtained from the Labe Worth Drainage District, in a final and non-appealable form, a drainage permit for the development of the Property for Buyer's Intended Use ("LWDD Permit"). (vi) All deed restrictions and reversionary rights affecting the Property shall have been terminated or released by all necessary parties, in a final and non-appealable form recorded in the Public Records of Palm Beach County, Florida, sufficient to allow for Buyer's Intended Use and issuance of the Title Policy without exception for such matters. (vii) Buyer shall have obtained from Palm Beach County the Technical Compliance of the preliminary plat and construction plans for Buyer's Intended Use, in a final and non-appealable form ("Technical Compliance"). (viii) Buyer shall have obtained approval from all necessary governmental authorities or other parties for the vacation and abandonment of the right of way(s) currently affecting the Land, in a final and non-appealable form sufficient to allow for Buyer's Intended Use and the issuance of the Title Policy without exception for such right of way(s). (ix) Buyer shall have obtained such permanent easements for utilities over neighboring properties as may be necessary for the development of the Property far Buyer's Intended Use. (x) Buyer and Seller shall enter into a Service Utility Agreement. If Buyer does not receive written evidence that all of the Approvals have been obtained by the expiration of the Approvals Period, then Buyer may terminate this Agreement by delivering written notice to the Seller, whereupon the Escrow Deposit shall be immediately returned by Escrow Agent to Buyer and the parties shall be relieved of any further liability or obligation hereunder; provided, that, if the DRO Site Plan Approval has not been obtained by the expiration of the Approvals Period, then the City Deposits shall also be immediately returned by i WPBDOCs 10386778 6 (00391154.2 346-9905449) 6 Page 673 of 701 Seller to Buyer. Buyer's notice of termination shall be effective upon delivery and shall be delivered prior to the end of the Approvals Period. (b) Duty to Cooperate. Seller shall cooperate with Buyer with respect to Buyer's pursuit of the Approvals and shall execute such applications, requests for approvals, and documents as Buyer reasonably requests or as may be necessary in connection with the Approvals, including, without limitation, written consents to any applications for the Approvals or documentation designating Buyer as Seller's agent with respect to any Approvals; provided, that, Buyer shall be solely and absolutely responsible for all costs and expenses incurred by or on behalf of Buyer and arising out of or related. to Buyer's pursuit of and compliance with the Approvals for the Property. b. Closing Date. The closing (the "Closing") shall be held at the offices of Escrow Agent, by"mail away" closing or such other location as may be mutually agreed to by the parties upon the earlier to occur of thirty (30) days after (i)the expiration of the Approvals Period (as defined below) as the same may be extended, or (ii) Buyer has obtained all Approvals (as defined above) (the"Closing Date"). 7. Seller's Closing Documents. At or prior to Closing, 'Seller shall deliver the following items to the Escrow Agent; (a) Special. Warranty Deed. A Special Warranty Deed in the form attached hereto as Exhibit "BSD (the `.`Deed"), subject only to the Permitted Exceptions and with the legal description provided in the"Title Commitment as verified by the Survey. (b) Affidavit. A "gap", no-lien and exclusive possession affidavit sufficient for the title company to delete any exceptions for parties in possession, mechanic's or materialmen's liens and"gap"from the Title Policy. (c) FIRPTA Affidavit. In order to comply with the requirements of the Foreign Investment Real Property Tax Act of 1980 ("FIRPTA"), Seller will deliver to Buyer at Closing an affidavit under penalty of perjury stating the Seller is not a "foreign person," as defined in Section 1445 of the Internal. Revenue Code of 19861 and the U.S. Treasury Regulations thereunder, setting forth Seller's taxpayer identification number, and that Seller intends to file a United States income tax return with respect to the transfer. Seller represents and warrants to Buyer that it has not made nor does Seller have any knowledge of any transfer of the Property or any part thereof that is subject to any provisions of FIRPTA that has not been fully complied with by either transferor or transferee. As required by law, if Seller fails to comply with the requirement of this paragraph, Buyer shall withhold 15% of the Purchase Price in lieu of payment thereof to Seller and pay it over instead to the Internal Revenue Service in such form and manner as may be required by law. (d) Seller Authorization. Evidence of Seller's authorization to consummate this transaction, as required by the Title Company. WPr3DOCs 10386778 6 (00391154.2306-990.5441..) 7 Page 674 of 701 (e) General Assignment. An assignment of any and all rights, licenses, development rights, contracts and plans of Seller which pertain to the Property. Such assignment shall be in the same farm attached hereto as Exhibit"C" and made a part hereof, (f) Marlccd Up Commitment. Seller° shall cause the Title Company to issue a "marked up" Title Commitment insuring fee simple marketable title to the property, in the insured amount of the Purchase Price, in accordance with the "Title Commitment, and subject only to the Permitted Exceptions. (g) Additional Documents. Such additional documents as are customarily required of seller's in transactions of this type in Palm Beach County, Florida or as may be reasonably necessary to consummate the purchase and sale of the Property, together with any other documents, instruments, or agreements call for under this Agreement that have not been delivered previously, including, without limitation, Seller's counterpart to the approved closing statement referenced under Section 8. 8. Buyer's Deliveries. At the Closing, and atter the Seller has complied with all of the terms and conditions of this Agreement and simultaneously with Seller's delivery of the documents required in Section 7, the Buyer shall pay to the Seller by wire transfer of funds or local cashier's check, the Purchase Price, adjusted for the credits, prorations, adjustments and other payments provided for in this Agreement. Buyer shall prepare a closing statement which must be approved by both Buyer and Seller. 9. Closing Costs,Prorations,and Impact Fees. (a) Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (a) Costs associated to appraisals, survey, environmental reports (phase I and phase Ilya (b) recording fees of the Deed, Mortgage, if any, and any other instrument as required to be recorded in the Public Records; (c) documentary Stamps on the Deed as provided under Chapter 201, Florida Statutes; (d) all costs and expenses related to obtaining and updating the Title Commitment;and(e)the premium for the Title Policy. (b) Prorations. All real estate taxes and assessments for the Property attributable to the year in which the Closing occurs shall be prorated and adjusted as of the Closing Date as an adjustment at the Closing (regardless of whether such taxes and special assessments are then due and payable or delinquent, and taking into consideration the maximum allowable discount). If the tax statements for the year during which the Closing Date occurs are not finally determined, then the assessed value for the year of closing and the millage rate for the immediately prior fiscal year will be used for the purposes of prorating taxes on the Closing Date, with a fiu-kher adjustment to be made after the Closing Date with a reasonable period oftirne following such tax figures being finalized. All special assessments which may be amortized over a number of years will be prorated as of the Closing Date, with Seller responsible only for the period ending on the day prior to the Closing Date. Stich other items that are customarily prorated in transactions of this nature shall be ratably prorated as of the Closing Date. The provisions of this Section shall survive the Closing and delivery of the Deed. WPBDOCs 10386778 6 (09391154,2 30&99054411 8 Page 675 of 701 (c) Impact Fees. Seller shall not be responsible foi•any impact fees owing following the Closing Date in connection with Buyer's ownership or development of the Property. 10. Seller's Warranties. Seller hereby represents and warrants to Buyer, as of the Effective Date and again as of the Closing Date, as follows: (a) There are no condemnation or eminent domain proceedings pending or, to the best of Seller's knowledge, contemplated against the Property or any part thereof, and the Seller has received no notice of the desire of any public authority to take or use the Property or any part thereof. (b) There are no legal actions, suits, or other legal or administrative proceedings pending or, to the best of Seller's knowledge, threated against Seller or any part of the Property, which do or could (i) affect title to the Property or any part thereof, (ii) prohibit or make unlawful the consummation of the transaction contemplated by this Agreement, or render Seller unable to consummate the same; or (iii) would have a material adverse effect on the Property, Buyer's ability to develop the Property for Buyer's Intended Use, or Buyer's ability to sell any residential units once constructed. (c) The Seller has full power and authority, and all necessary governmental actions on behalf of Seller have been taken, to execute and deliver this Agreement and all documents now or hereafter to be delivered by it pursuant to this Agreement, to perform all obligations arising cinder this Agreement, and to complete the transfer of the Property contemplated by this Agreement. This Agreement has been duly executed and delivered by the Seller and constitutes a valid, binding and enforceable obligation of the Seller, subject to bankruptcy and other debtor relief laws and principals of equity. (d) Seller is not, and will not be, a person or entity with whom Buyer is restricted from doing business with under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and. Obstruct Terrorism Act of 2001, H.R. 3162, Public Law 107-56 (commonly known as the "USA Patriot Act") and Executive Order-Number 13224 on Terrorisrn. Financing, effective September 24, 2001 and regulations promulgated pursuant thereto (collectively, "Ami-Terrorism Laws"), including without limitation persons and entities named on the Office of Foreign Asset Control. Specially Designated Nationals and Blocked Persons List. (e) Seller has no notice or actual knowledge of.. (i) any pending improvement liens to be made by any governmental authority with respect to the Property, (ii) any violations of zoning ordinances or other governmental regulations with respect to the Property; (iii) any pending or threatened condemnation proceedings with respect to the Property; or (iv) any suit, action, claim or other proceeding which relates to or affects the Property (f) No person or entity has any agreement, commitment, option, right of first refusal, right of first offer, or any other right, option or agreement, whether oral or written, with respect to the purchase of the Property or any portions thereof or any interest therein, other than Buyer, pursuant to this Agreement. Prior to Closing, no portion of the Property or any interest therein shall be alienated, encumbered, conveyed or otherwise transferred by Seller, nor shall Seller WPDDOCS 10386778 G 10039154230&9905441> 9 Page 676 of 701 enter into any agreement, commitment, option, right of first refusal, or any other right, option or agreement with respect to the purchase of all or any portion of the Property. (g) Seller has not entered into any leases, options or other occupancy agreements, either written or oral, affecting the Property and Seller has exclusive possession of the Property. (h) There are no agreements or contracts entered into by Seller affecting the Property that will be binding on Buyer after Closing. (i) Seller has not made any written or verbal commitments to any governmental authority, utility company, religious body, homeowners' association, or other organization, group or individual, relating to the Property that would impose an obligation upon Buyer to make any contribution or dedications of money or Property or to construct, install or maintain any improvements of a public or private nature on or off the Property, except as may be disclosed in this Agreement. (�) To Seller's knowledge, there are no leases or other possessory rights, oral or written, affecting the Property or any part thereof, and there are no adverse or other parties in possession of the Property, or any part thereof. Between the Effective Date and the Closing Date, Seller will not enter into any leases or other possessory rights, affecting or with respect to the Property, without the prior written consent of Buyer. (k) Seller is not a"foreign person" within the meaning of the United States tax laws, to which reference is made in Internal Revenue Code Paragraph 1445(b)(2). At the Closing, Seller shall deliver to Buyer an affidavit to such effect,which shall also state its tax identification number. (1) Seller has no actual knowledge that any of the Property Documents are inaccurate or incomplete in any material way. (m) Seller has not generated, recycled, reused, sold, stored, handled, transported or disposed of any hazardous Substance on the Property. Seller has not received nor is Seller aware of any written notice fi°orn any governmental agency stating that the Property does not comply with any applicable local, state, federal environmental law, regulation, ordinance or administrative or judicial order relating to the generation, recycling, reuse, sale, storage, handling,transport and/or disposal of any hazardous Substance. Seller makes and shall make no warranty regarding the title to the Property, except as expressly provided in this Agreement and except as to any warranties which will be contained in the instruments to be delivered by Seller at Closing in accordance with this Agreement. Further, Seller makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer speefically acknowledges and agrees that Seller shall sell and Buyer shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement or any of the instruments to be delivered by Seller at Closing in accordance with this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, its agents, WPBDOC;S 10386778 6 100391154.2 301>--M54411 10 Page 677 of 701 officers, or employees, as to any matters concerning the Property including,without limitation, any matters relating to (1) the duality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability,,or adequacy of the Property for any particular use or purpose, (7)the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi-governmental entity or of any other person or entity, including, without Limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Substances or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the fi•eedom of the Property fi°om latent or apparent vices or defects, (11)peaceable possession of the Property, (1 ) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement,or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. Each of the foregoing representations and warranties is true and correct as of the Effective Date, and will be true and correct as of the Closing Date, and shall survive the Closing for a period of six(6)months. 11. Covenants of Seller. Seller hereby covenants with the Buyer that between the date of this Agreement and the Closing: (a) Seller will not, without the Buyer's prior written consent, create by its consent any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, mortgages or other encumbrances, encroachments, rights- of-way, leases, easements, covenants, conditions or restrictions. Furthermore, Seller shall not market the Property or enter into any contracts, letters of intent, agreements, commitments, options, rights of first refusal, rights of first offer, or any other rights, options or agreements to sell the Property or any portion thereof. (b) Seller will not file any application for any change of the present zoning classification of the Property unless such change is requested by the Buyer in writing or called for by this Agreement to allow the Property to be developed with the Project. Seller will cooperate fully with the Buyer by executing consents, applications and other such documents reasonably requested by the Buyer in connection with its efforts in developing the Property to a condition such that building may commence. (c) Upon Seller's receipt of actual knowledge thereof, Seller shall promptly notify Buyer of any material change in any condition with respect to the Property or of any event or circumstance which makes any representation or warranty of Seller under this Agreement materially untrue or of any covenant of Seller under this Agreement which Seller will be incapable of performing. (d) Seller shall not enter into any Contracts or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after WPBDOCS 10386778 6 10391154,2 306-9905441) 11 Page 678 of 701 Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (e) In the event that Seller receives or is served, prior to Closing, with any notices from any governmental or quasi-governmental body or agency or from any person or entity with respect thereto, Seller will promptly comply with them at Seller's expense.. (f) Seller shall comply with all Laws, rales, regulations, and ordinances of all governmental authorities having jurisdiction over the Property. (g) Seller shall not enter into any lease, tenancy agreement or occupancy agreement or other agreement affecting the Property or any portion thereof or the use thereof which will be binding on Buyer or the Property after Closing, without the prior written consent of the Buyer, which consent may be withheld in Buyer's sole and absolute discretion. (h) Seller shall maintain the Property in at least the same general condition as the Property is currently maintained by Seller and Seller shall maintain its current insurance coverages for the Property. (i) So long as Seller is not required to incur any cost or expense with regard thereto (except as is otherwise required pursuant to the terms of this Agreement, including, without limitation the requirements of Section 3 hereof), Seller shall cooperate with Buyer in performing its due diligence with respect to the Property and in seeping any and all consents, permits or approvals regarding the Property as Buyer may request, and Seller shall promptly join in all applications for building permits, certificates or other agreements, and permits for sewer, water, or other utility services, other instruments or other permits or approvals, the granting of or entry into which, by any governmental or quasi governmental authority having jurisdiction over the Property, is, in Buyer's reasonable opinion, necessary to permit the development, construction, use or occupancy of the Property for the Buyer's Intended Use without violating applicable law. 12. Buyer's Representations. Buyer hereby represents and warrants to Seller, as of the Effective Date and again as of the Closing Date, as follows: (a) Buyer has full power and authority to enter into this.Agreement and to assume and perform all of its obligations hereunder. (b) The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the Buyer do not and will not violate the corporate or organizational documents of Buyer and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the Buyer is a party. (c) No action by any federal, state, municipal or other governmental department, CRA, board, bureau or instrumentality is necessary to snake this Agreement a valid instrument binding upon Buyer in accordance with its terms and conditions, 6VP13DOCS 10386778 6 (00391154.2 306-990544€1 12 Page 679 of 701 All of the representations, warranties and covenants of Buyer contained in this Agreement shall be true and correct: in all material respects and not in default at the time of Closing,just as though they were made at such time. 13. Real Estate Commissions. Buyer and Seller represent and warrant to each other that each has not dealt with any broker, agent or similar person in connection with this transaction. Buyer and Seller do mutually agree to indemnify and hold harmless the other party from and against and any all liability, loss, cost, damage and expense, including but not limited to attorneys' fees and costs of litigation both prior to and on appeal, which either Buyer or Seller shall ever suffer or incur because of any claim by any agent, broker or finder claiming by, through, or tinder the indemnifying party, whether or not meritorious, for any fee, commission or other compensation with respect to this Agreement or to the sale and purchase of the Property contemplated herein. The terms of this Section shall survive Closing or the earlier termination of this Agreement until the expiration of all statute of limitations periods applicable to any such claims. 14. )tisk of Loss and Condemnation. Seller shall bear risk of loss with respect to the Property until the Closing has occurred. In the event of the institution against the record owner of the Property of any proceedings, judicial, administrative or otherwise, relating to the taking, or to a proposed taking of any portion of the Property by eminent domain, condemnation or otherwise or if Seller shall receive any notice or knowledge that any agency or entity having the power of erninent domain is conternplating or is seeking the taking or condemnation of the Property, or any part thereof, or any interest therein (which in Buyer's sole opinion materially impairs Buyer's ability to use the Property for Buyer's Intended Use), prior to Closing, or in the event of the taking of any portion of the by eminent domain, condemnation or otherwise, prior to Closing, then the Seller shall notify the Buyer promptly and the Buyer shall have the option, in. its sole and absolute discretion of either (a) terminating this Agreement and obtaining a full refund of the Escrow Deposit and interest thereon; or(b) closing in accordance with the terms of this Agreement, but at Closing the Seller shall assign to the Buyer all of its right,title and interest in and to any net awards that have been or may be made with respect to such eminent domain proceeding or condemnation, or give Buyer a credit against the Purchase Price equal to the allocable portion of such award or settlement if it has previously been received by Seller. Such election must be made by the Buyer within thirty (30) days of the notice furnished by Seller. If Buyer fails to snake an election in writing, it shall be deemed to have elected alternative (a). 15. Default. (a) If Buyer fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Buyer hereunder and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Seller to Buyer (or in the case of a default which cannot be caned in thirty (30) days, Buyer has failed to commence curing the default within such thirty (30) day period), then, as Seller's sole remedy, the Escrow Deposit shall be delivered by the Escrow Agent to the Seller (and Seller shall retain all City Deposits) as liquidated and agreed upon damages; provided,that, Buyer shall not be afforded any cure period if Buyer if fails to timely complete its purchase of the Property on the Closing Date. The parties agree and stipulate that as of the Effective Date, the exact amount of damages to Seller on account of Buyer's breach of this Agreement would be WBD005 10386778 6 100391154.2 306-4905141) 13 Page 680 of 701 extremely difficult to ascertain and that the Deposit constitutes a reasonable and fair approximation of such damages and is not a penalty. (b) If Seller fails to materially perforin or observe any of the covenants, restrictions, requirements and/or stipulations to be performed and/or observed by Seller hereunder, and such failure to perform or observe is not cured within thirty(30) days after written notice thereof from Buyer to Seller (except for Seller's failure to timely complete its sale of the Property on the Closing Date, for which no notice or cure period shall be afforded and shall immediately constitute a default), then Buyer's sole and exclusive remedy on account of Seller's default shall be to terminate this Agreement and thereupon (a) receive a return of the Escrow Deposit (together with all interest earned thereon) fi-orn the Escrow Agent and (b) receive a return of the City Deposits from Seller, as well as receive from Seller payment of Buyer Costs (as defined herein) not to exceed $100,000.00. "Buyer Costs" shall mean all actual out-of-pocket, third party costs incurred by Buyer with regard to this transaction, including, without limitation, its costs incurred in conducting its due diligence studies, exarninations, surveys, environmental, and other exams of the Property, consultant and engineering costs, attorneys' fees, and any and all other expenses incurred by Buyer in pursuing the Entitlements and other development approvals for the Property. Buyer's Costs shall be evidenced by statements submitted to Seller and Seller's attorney and such other reasonable information requested by Seller and Seller's attorney. Nothing contained herein shall limit any of Seller's indemnification obligations that are specifically provided to survive termination of this Agreement and/or Closing. 16. Escrow. Any Escrow Agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow and to disburse the same subject to clearance thereof in accordance with terms and conditions of this Agreement but only with the joint instructions of Buyer and Seller. Failure of clearance of funds shall not excuse performance by the Buyer. In the event of doubt as to its duties or liabilities under the provisions of this Agreement, the Escrow Agent may, in its sole discretion, continue to hold the monies which are the subject of this escrow until the paries mutually agree to the disbursement thereof, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties thereto, or it may deposit all the monies then held pursuant to this Agreement with the Clerk of the Circuit Court of Palm Beach County, Florida, and upon notifying all parties concerned of such action, all liability on the part of the Escrow Agent shall fully terminate, except to the extent of accounting for any monies theretofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the Escrow Agent is made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of this escrow, the Escrow Agent shall be entitled to recover a reasonable attorney's fee and costs incurred, said fees and costs to be charged and assessed as court cost in favor of the prevailing party. All parties agree that the Escrow Agent shall not be liable to any party or person whomsoever.for misdelivery to Buyer or Seller of monies subject to this escrow, unless such misdelivery shall be due to willful breach of this Agreement or gross negligence on the part of the Escrow Agent. Seller acknowledges that Escrow Agent has been retained as counsel for the Buyer in this matter and other transactions and agrees that Escrow Agent may continue to represent Buyer in this matter and any and all present and future transactions. WPBD005 10386778 b 100391154.2 306-990"4Q 14 Page 681 of 701 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the transaction contemplated herein, and it supersedes all prior understandings or agreements between the parties. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, personal representatives, successors and permitted assigns.. 19. Waiver; Modification, The failure by the Buyer or Seller to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of the Buyer's right to insist upon strict compliance with the terms of this Agreement. Either party may waive the benefit of any provision or condition for its benefit which is contained in this Agreement. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. No oral modification of this Agreement shall be binding upon the parties and any modification must be in writing and signed by the parties. 20. Governing Law; Venue. This Agreement shall be governed by and construed under the laws of the State of Florida. The venue of any litigation arising out of this Agreement shall be Palm Beach County, Florida. 21. Headings. The paragraph headings as set forth in this Agreement are for convenience or reference only and shall not be deemed to vary the content of this Agreement or limit the provisions or scope of any paragraph herein. 22. Enforceability. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 23. Notices. Any notice, request, demand, instruction or other communication to be given to either party, except where required by the terms of this Agreement to be delivered at the Closing, shall be in writing and shall be sent as follows: If to Buyer: Pulte Home Company, LLC Attn: Brent Baker,Division President 4400 PGA Blvd, Suite 700 Palm Beach Gardens,Florida 33410 I tiVPBDOCs 10386778 6 CC (00391154.2 306-9905441) 15 Page 682 of 701 E-mail: brent,baker@PulteGi,oup.com With a copy to: Steven R. Parson, Esq. Shutts &Bowen, LLP 525 Okeechobee Blvd., Suite 1100 West Paha Beach, FL 33401 E-mail: sparson ct shutts.corn If to Seller: City of Boynton Beach Attn:Lori LaVerriere, City Manager City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 E-mail: LaVerricrcLbbfl.us With a copy to: Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email: ddoody cr gorencherof corn Attn: Donald J.Doody, Esq. If to Escrow Agent: Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Blvd, Suite 200 Fort Lauderdale,Florida 33308 Telephone: 954-771-4500 Facsimile: 954-771-4923 Email, ddoody gorencherofcorn Attn: Donald J. Doody,Esq. Any such notice shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date such notice is received by the party to whom it is addressed or such party's agent or representative, (b) sent by personal delivery, in which case notice shall be deemed delivered upon receipt or refusal of delivery of such notice, or (c) sent by electronic mail ("Email"), in which case notice shall be deemed delivered upon confirmed transmission of such notice by Email. A party's address may be changed by written notice to the other party; provided, however, that no notice of a change of address shall be effective until actually received by the recipient thereof. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. The attorney for a party has the authority to send and receive notices on behalf of such party. 24, Assignment. Neither party shall assign this Agreement without the prior written consent of the other party, which may be withheld in such party's reasonable discretion, except that Buyer may assign its rights under this Agreement with respect to the Property, without Seller's prior consent, to (a) an affiliated entity of Buyer in which Buyer directly or indirectly wPBDOCS 10386778 6 [00391154.2 306-994154411 16 i Page 683 of 701 has a majority ownership interest, or (b) a joint venture of Buyer with an unaffiliated development partner, provided, however, a copy of the assignment and assumption agreement shall be delivered to Seller prior to Closing Date, if applicable. 25, Attorneys' Fees. In the event that it becomes necessary for either party to bring suit to enforce the terms of this Agreement, then the prevailing party shall be entitled to recover all costs, including reasonable attorneys' fees, incurred in connection with such litigation (including mediation, arbitration, appellate proceedings, and in post judgment collection proceedings) against the non-prevailing party. The terms of this Section shall survive Closing or the earlier termination of this Agreement. 26. Radon Disclosure. Pursuant to statute, Seller hereby notifies Buyer as follows: 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 fi-om your county public health unit. 27. Effective Date. The "Effective Date" of this Agreement shall be the date upon which the last party to sign this Agreement has executed this Agreement. Buyer and. Seller shall confirm to each other in writing the date of the Effective Date. Buyer recognizes that though it has negotiated this Agreement with Seller's representatives and has signed it, Seller cannot execute this Agreement until it has fully complied with the provisions of Section 2-56 of the Seller's City Code. If the City Commission of Seller approves this Agreement in accordance with Section 2-56 of the Seller's City Code, then the Effective Date shall be the date upon which Seller executes this Agreement. 28. Time of the Essence. Time is of the essence with respect to each provision of this Agreement. Provided however, if the date for performance is on a Saturday, Sunday or federal holiday, the date for performance shall be extended to the next business day. 29 . No Third Party Beneficiaries. This Agreement is an agreement between Seller and Buyer only and no third parties shall be entitled to assert any rights as third party beneficiaries hereunder. 30. Counterpart Execution. This Agreement may be executed in two or more counterparts, all of which together shall constitute but one and the same Agreement. To facilitate the execution and delivery hereof, the parties may exchange executed counterparts hereof, or of any amendment hereto, in Portable Document Format(PDF) exchanged via E-mail, which transmission shall be deemed delivery of an original executed counterpart by such party. j 31. Recordation. At the election of Buyer, and at Buyer's sole cost, this Agreement or any memorandum, summary, or other evidence hereof may be recorded in any public records prior to the consummation of the Closing. 32. Marketing the Property. Seller hereby agrees that as of the Effective Date and provided that this Agreement has not terminated, the Seller may not continue marketing the V PBDOCS 14386778 6 (00391154.2 306-990543[} 17 Page 684 of 701 Property or the membership interest of the Seller and may not enter into contracts for the sale of the Property or any contracts for the sale of the membership interest of the Seller. 33. Survival. Except as otherwise provided herein, the provisions of this Agreement shall not survive the Closing and shall be merged into the conveyance documents executed and delivered at Closing. 34. Further Assurances. The parties agree to cooperate in good faith to execute and deliver such documents and instruments as are necessary, and/or reasonably requested by the parties, in order to consummate the transactions contemplated by this Agreement. This Section expressly survives the Closing. 35. JURY TRIAL WAIVER. SELLER AND BUYER EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT WHICH EITHER OF THEM MAY HAVE TO ATRIAL BY JURY WITH RESPECT TO ANY LITIGATION OR LEGAL PROCEEDING BASED UPON OR ARISING DIRECTLY, INDIRECTLY OR. OTHERWISE IN CONNECTION WITH, OUT OF, RELATED TO OR FROM THIS AGREEMENT INCLUDING, BY WAY OF EXAMPLE BUT NOT LIMITATION, ANY COURSE OF CONDUCT, COURSE OF DEALINGS, VERBAL OR WRITTEN STATEMENTS OR ACTS OR OMISSIONS OF EITHER PARTY WHICH IN ANY WAY RELATE TO THIS AGREEMENT. SELLER AND BUYER HAVE SPECIFICALLY DISCUSSED AND NEGOTIATED FOR THIS WAIVER AND UNDERSTAND THE LEGAL CONSEQUENCES OF IT. 36. Approval by Buyer's Asset Management Committee. The terms and provisions of this Agreement are subject to the review and approval of Buyer's Asset Management Committee (the ".AMC"). Buyer will request that the approval by the AMC of the terms and provisions of this Agreement be provided within the Investigation Period, but nothing herein shall be construed as a requirement of Buyer to obtain such approval frorn the AMC. In the event that the approval of the AMC is not obtained within the Investigation Period, then Buyer shall promptly notify Seller and Escrow Agent of such event within the Investigation Period, in which case this Agreement shall be terminated and both parties shall be released from all further obligations under this Agreement, except for indemnification and other provisions that survive termination. 37. No Moratoria. In addition to any other conditions to Closing contained in this Agreement, Buyer's obligation to close this transaction shall be conditioned on there being no sewer, water, building, or other moratoria in effect as of the Closing Date which would prevent or interfere with the development of the Property for Buyer's Intended Use and the occupancy of the any residential units by end-users. [Signatures on Next Page] wPBDOCS 10386778 6 pp 1003911A2 306-990"41) I(? Page 685 of 701 The parties have executed this Agreement as of the day and year last written below. BUYER: PULTE HOME COMPANY,LLC,a Michigan limited liability company By: _dW&arM6tW- Name: Title: V P— WD &=AUtSMION Date: A06)0S7- It ,2020 SELLER: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Title: Date: 12020 WPBD005 10386778 6 (y (01391154.2 306.9905441} 1.9 '. I Page 686 of 701 ACKNOWLEDGEMENT OF ESCROW AGENT By signing Below, the undersigned agrees to act as Escrow Agent in accordance with the terms of this Agreement for the transaction contemplated by this,Agreement. ESCROW AGENT: GOREN,CHEROF,DOODY &EZROL,P.A., a Florida professional association By: Name: Title: P I i WPDDOCS 10386778 6 1003911543 306-99054411 2 Page 687 of 701 E11[MI "A" Legal Description of the Land (SUBJECT TO VERIFICATION BY SURVEY) PARCEL CONTROL NUMBERS: 00-43-45-19-00-000-3010; 00-43-45-19-03-006-0080; 00-43- 45-19-04-006-0260 and 00-43-45-19-040-008-0200 Lots 20-25 and 50-56, inclusive,Block 8 of West Boynton Plat 2-C,as recorded in Plat book 15, Page 14, of the Public Records of Palm Beach County,Florida. Together with: Lots 8 through 31, inclusive, Block 6, Lots 8-31, inclusive,Block 7,Lots 8-31, inclusive, Block 8, Lots 8-31, inclusive,Block 9,Lots 8-31, inclusive,Block 10, all of West Boynton Plat 2-B, as recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County,Florida. Together with.: Lots 26-49, inclusive,Block 6,Lots 26-49, inclusive,Block 7,Lots 26-49, inclusive,Block 8,Lots 26-49, inclusive,Block 9,all of West Boynton Plat 2-C, as recorded in Plat Book 15,Page 14,of the Public Records of Palm Beach County,Florida. Together with: A portion of Genevra Avenue,Harlowe Avenue, Ivanhoe Avenue,Kitely Avenue,Lothair Avenue and Marlow Avenue lying West of Nickels Blvd.and adjacent to Block 6, 7, 8, 9 and 10,of West Boynton Plat 2-13 recorded in Plat Book 15,Page 13, of the Public Records of Palm Beach County, Florida. 4 PBDOCS 1.4386778 6 (00391154.2306-9905441) 21 Page 688 of 701 EXHIBIT"B" Form of Special Warranty Deed This Instrument Prepared By: Parcel Control Nos.: 00-43-45-19-00-000-30'10;00-43-45-19-03-006-0080; 00-43-45-19-04-006-0260;and 00-43-45-19-040-008-0020 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made and entered into as of the day of , 242_, by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal. corporation, whose address is (hereinafter referred to as "Grantor"), and PULTE HOME COMPANY, LLC, a Michigan limited liability company, whose address is 4400 PGA Blvd, Suite 700, Palm. Beach Gardens, Florida 33410 (hereinafter referred to as "Grantee"). WITNESSETH: That Grantor, for and in consideration of the stem of Ten Dollars ($10.00) and other goad and valuable consideration, to it in hand paid, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, its successors and assigns forever, all those certain parcels of land lying and being in the County of Palm Beach, State of Florida, as more particularly described in the Exhibit"A" attached hereto and by this reference made a part hereof(the"Property"). TOGE"T"HER WITH all the improvements, tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining and together with all rights and easements of record. SUBJECT TO taxes for the year 202 , and subsequent years, and applicable zoning ordinances and those matters set forth on Exhibit "B" attached hereto and by this reference made a park hereof; provided, however, that nothing herein shall be deemed to reimpose any of such matters. TO HAVE AND TO HOLD the same in fee simple forever. And the Grantor hereby covenants with Grantee that Grantor, at the time of delivery of this deed, is lawfully seized of the Property in fee simple,that Grantor has good right, full power, and lawful authority to grant, bargain, sell, and convey the same, and that Grantor hereby warrants the title to the Property and will defend the same against the lawful claims of all persons whomsoever, claiming by,through or under the Grantor, but against no others. wPBDOCS 303867786 108391154-2 3D&9905441) 22. Page 689 of 701 IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed in its name, as of the date first set forth above. Signed, sealed and delivered GRANTOR: in the presence of. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, By: Printed Name: , its Printed Name: STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me by means of L physical presence or El online notarization, this day of , 202 , by , as of CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, on behalf of said corporation. She/He is personally known to me or has produced as identification. Printed Name: NOTARY PUBLIC State of Florida at Large (Notarial Sear My Commission Expires: I i wPBDOCS 10386778 4 (00191154.2706_990544.1) 23 Page 690 of 701 EXHIBIT "C" Form of General Assignment THIS GENERAL ASSIGNMENT (the "Assignment") is made as of this _ day of , 202 , by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation ("Assignor"), in favor of FULTE HOME COMPANY, LLC, a Michigan limited liability company("Assignee"). WITNESSETH: WHEREAS, Assignor and Assignee are parties to that certain Agreement for Purchase and Sale dated as of (the "Agreement"), which provides, among other things, for the sale by Assignor to Assignee of that certain tract of Property located in Palin Beach County, Florida, as more particularly described on Exhibit "A" attached hereto and made part hereof(the "Property"); and WHEREAS, the Agreement requires Assignor to assign to Assignee all of Assignor's right, title and interest in all Intangible Rights, Development Rights, and Plans (as such terms are defined below) owned by Assignor. THEREFORE, in consideration of the foregoing and the agreements and covenants herein set forth, together with the sum of Ten Dollars ($10.00) and other good and valuable consideration this day paid and delivered by Assignee to Assignor, the receipt and sufficiency of all of which are hereby acknowledged by Assignor, Assignor does hereby ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER unto Assignee, to the extent assignable, all of Assignor's right, title and interest in and to the following (collectively, the "Assigned Properties"): (a) any and all building, zoning and other certificates, licenses, certificates of compliance, prepaid impact fees, impact fee credits or similar charges which sei-%,ice or pertain in any manner to the Property, utility prepayments or reservation fees, consents, building inspection approvals granted by any govei-nnaental entity running to the benefit of the Property, Assignor and/or Assignor's predecessors in interest and any covenants, conditions and restrictions, reciprocal casement agreements, access easement agreements and other common or planned development agreements or documents necessary in connection with the Property, and all other intangible right or property relating to the ownership or development of the Property (collectively, the "Intangible Rights"); and (b) all permits, governmental approvals, utility rights and utility capacity, traffic trips, and all other development rights and similar rights related to the Property, whether granted by governmental authorities or private persons, for the development of single-family residential units on the Property (collectively, the "Development Rights"); and (c) to the extent assignable, all plans, specifications, site plans, engineering plans, architectural drawings, architectural renderings and similar items prepared for Assignor related WPBDOCS 10385778 4 (00391154.23476-9945441} 24 Page 691 of 701 to structures, parking facilities, streets, drainage or utility facilities or other improvements that are to be constructed on the Property(collectively, the "Plans"). TO HAVE AND TO HOLD all and singular the Assigned Properties unto Assignee, and Assignee's successors, and assigns forever, and Assignor does hereby warrant and shall forever defend all and singular the Assigned Properties unto Assignee, and Assignee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under Assignor. Assignor warrants to Assignee that it holds and has full right and authority to transfer the Assigned Properties to Assignee without the consent of any third party, and that Assignor has not previously assigned or pledged any of the Assigned Properties. Assignor hereby agrees to indemnify and hold harmless Assignee from and against any and all loss, liability, cost, claim, damage or expense incurred to enforce any rights and/or secure any remedies under this Assignment resulting by reason of the failure of Assignor to perform its obligations arising under the Assigned Properties prior to date hereof and/or Assignor's failure to perform its obligations under this Assignment. All of the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Assignment may only be modified, altered, amended, or terminated by the written agreement of Assignor and Assignee. If any term, covenant or condition of this Assignment shall be held to be invalid, illegal or unenforceable in any respect, this Assignment shall be construed without such provision. This Assignment shall be governed by and construed under the laws of the state in which the Property is located without regard to principles of conflicts of law. [Signature Page Follows] wPBDOCS 10386778 4 (0034[]54.2306-9905441 25 Page 692 of 701 IN WITNESS WHEREOF, Assignee has executed this Agreement as of the date below- written. WITNESSES ASSIGNOR: CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation Printed Name: By; Naive: Printed Name: Title: Date: , 202 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 202 by the CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation. She/He is personally known to vie or produced as identification. Notary Public, State of Florida Name: My Commission Expires: i WPBDOCS 10386778 4 (003311542306-4945441)' 26 Page 693 of 701 10/1/2020 ARTICLE IV.PURCHASING AND CONSULTANTS`xx Pfl11t Boynton Beach, FL Code of Ordinances Purchasing , ; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2-56.1 all purchases or sales of personal property, commodities and services involving amounts in excess of twenty-five thousand dollars ($25,000.00), or construction involving amounts of seventy-five thousand ($75,000.00), shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1)time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the commission may direct. The city commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. (c) Real property. Real property maybe sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. (Ord. No. 90-54, § 3, 11-20-90; Ord. No. 97-45, § 1, 9-2-97; Ord. No. 01-66, § 1, 1-2-02; Ord. No. 03-002, § 1, 2-18-03; Ord. No. 12-009, § 2, 5-15-12; Ord. No. 12-024, § 2, 12-18-12) library.amlegal.com/alpscripts/get-content.aspx Page 694 ogoi 13.A. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: At the request of Mayor Grant, Human Resources will present information regarding the City's internship program. - October 20, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 695 of 701 13.B. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Update on the Town Square Naming Rights Campaign - October 20, 2020. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 696 of 701 13.C. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Announce the unveiling of the newly established 'Tim Howard Excellence in Public Service Award" - October 20, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 697 of 701 13.D. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Discuss and consider the development of a public policy relating to the location of monuments on City property - November 4, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 698 of 701 13.E. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Discuss the naming of the amphitheater and open space at the new City Hall campus. November 17, 2020 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 699 of 701 13.F. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Mayor Grant has requested a discussion regarding downtown and future development. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 700 of 701 13.G. FUTURE AGENDA ITEMS 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 10/6/2020 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program- TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 701 of 701