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Agenda 03-02-21The City of Boynton Beach City Commission Agenda Tuesday, March 2, 2021, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 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. °a�1111rIN°„',mf www.boynton-beach.org Page 1 of 527 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 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 March 2, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 2 of 527 number(s) for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 527 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Paterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant 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. Public Arts Manager to make announcement regarding the 2021 Biennial Kinetic Art Exhibit on March 6-7, 2021. B. Recreation & Parks Director to make announcement recognizing the Magic Wheels & Special Deals event sponsor, Joe DiMaggio Children's Health Specialty Center and all the volunteers from Chariots of Love that participated in building this year's "Magic Wheels" for 2 year old Zoe and her family. C. Proclaim March 10, 2021 as National Women & Girls HIV Awareness Day. D. Proclaim support for the statement from Mayors United Against Antisemitism, an initiative of the American Jewish Committee and the U.S. Conference of Mayors and authorize the Mayor to electronically sign the statement on behalf of the City. E. Proclaim the Month of March as Florida Bicycle Month. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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. Legal Expenses - January 2021 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-027 - Authorize the City Manager to sign the quote for the purchase of a FARO Scanner system in accordance with the terms & conditions set forth in Quotation No. 20376878 from FARO Technologies for $84,999.64. The pricing and terms & Page 4 of 527 conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-07F-197GA). C. Approve the purchase of (2) Baroness fairway mowers from DavcoTurf Corp, for the amount of $82,246 for the Golf Course as a sole source provider. D. Approve minutes from the City Commission meeting on February 2, 2021. E. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 2, 2021 - "Request for Extensions and/or Piggybacks." 7. Consent Bids And Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 2, 2021 - "Request for Extensions and/or Piggybacks." B. Approve the purchase of one (1) replacement bus that was approved in the FY20-21 budget for an estimated amount of $111,982 by utilizing the following contract: Florida Department of Education bus contract. The FDOE contract satisfies the City's procurement requirements. C. Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Medians and Right -of -Ways, Bid No. 033-2730- 20/RW performed by Batallan Enterprises, Inc. dba Property Works in the amount of $100,000 annually for the duration of the contract. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-005 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71st Avenue South. City -initiated. Proposed Ordinance No. 21-006 - First Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R -1A, Single -Family Residential for Lawrence Road / 71st Avenue South. City -initiated. B. Proposed Ordinance No. 21-007 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-008 - First Reading - Approve Rezoning (LUAR 21-003) the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. C. Proposed Ordinance No. 21-009 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City -initiated. Proposed Ordinance No. 21-010 - First Reading - Approve Rezoning (LUAR 21-001) Ocean Palm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from I PUD, I nfill Planned Unit Development to C-3, Community Commercial. City -initiated. 9. City Manager's Report - None Page 5 of 527 10. Unfinished Business - None 11. New Business - None 12. Legal A. Proposed Ordinance No. 21-004 - First Reading - On December 1, 2020 City staff received correspondence from the South Florida Water Management District ("the District") requesting that the City implement a Year -Round Irrigation Ordinance. (Tabled on February 16, 2021, staff has requested the District to present to the City Commission and is therefore requesting this item be tabled again until March 16, 2021) B. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B 13. Future Agenda Items A. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 B. Commissioner Katz requested a staff report on Police Department vacancies/staffing levels for last five years - March 16, 2021 C. Staff to provide report and summary of work for Utility Engineering Projects over $500,000 - March 16, 2021. D. E2L Solutions will present their final closeout report for the Boynton Beach Town Square Project - March 16, 2021 E. Police Chief Gregory will give presentation addressing public safety during large gatherings. - March 16, 2021 F. Annual appointment of board members to City advisory boards and selection of Chairs and Vice Chairs as outlined in Ordinance 20-016 adopted on June 2, 2020. - March 16, 2021 G. ILA for Sara Sims Park Pavilion I mprovements - April 20, 2021 H. Voluntary Sustainability Payment on Water Bills - April 2021 1. Staff report on history/process to add names to the Heritage Park monument - April 2021 J . Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — April 2021 K. Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - April 2021 L. Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. - April 2021 M. Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 N. Present option for management of canal assessment program - May 2021 O. Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 P. Discussion on funding for expanding W i-Fi to City parks. - May 2021 Q. Monuments on City Property - June 2021 R. Discussion of LOI process for sale of City land - TBD Page 6 of 527 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 527 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Paterson of Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Grant 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 Application: Is this a grant? No Grant Amount: Attachments: 1.A. Opening Items 3/2/2021 Page 8 of 527 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 Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 3/2/2021 Page 9 of 527 01110111 Requested Action by Commission: Public Arts Manager to make announcement regarding the 2021 Biennial Kinetic Art Exhibit on March 6-7, 2021. Explanation of Request: The fifth biennial Kinetic Art Exhibition event will be held on Saturday and Sunday, March 6 & 7, 2021. It is a free event for the general public to enjoy the new facilities in Downtown Boynton and along East Ocean Avenue. The event includes outdoor sculptures, an indoor kinetic exhibition in the Boynton Beach Arts & Cultural Center, live music in the amphitheater, a youth art exhibition in the library, food trucks on Ocean Ave and other activities. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Building Wealth in the Community, Boynton Beach Branding Strategic Plan Application: Redevelop Downtown: Kinetic Art Exhibition delivers culture and events to downtown. Building Wealth: Several downtown businesses will be providing food to visitors and the sculpture downtown Ocean Ave encourages visitors to discover local businesses. Boynton Branding: The Kinetic Art Exhibition is the only such event in the world and sets the City apart as a unique arts destination. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 10 of 527 Requested Action by Commission: Recreation & Parks Director to make announcement recognizing the Magic Wheels & Special Deals event sponsor, Joe DiMaggio Children's Health Specialty Center and all the volunteers from Chariots of Love that participated in building this year's "Magic Wheels" for 2 year old Zoe and her family. Explanation of Request: On Saturday, February 13, the Recreation & Parks Department hosted the Joe DiMaggio Children's Health Specialty Center "Magic Wheels & Special Deals" 6th annual special event at Barrier Free Park. The event showcased organizations and vendors that support inclusion for all abilities and featured the unveiling of the "Magic Wheels". This year's recipient was Zoe, who received a Minnie Mouse Train decorated with pink bows. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Boynton Beach Branding Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 11 of 527 3.C. Announcements, Community and Special Events and Presentations 3/2/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Proclaim March 10, 2021 as National Women & Girls HIV Awareness Day. Explanation of Request: Mayor Grant has requested a proclamation to recognize March 10, 2021 as National Women & Girls HIV Awareness Day. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type FlirtaaJa irna bola Description FlirtaaJa irna bola INa tioinall V' oirTIE)i: a ind (3)iirlls I II II V/ lids waiir'E)1['1 sa: S ID ay Page 12 of 527 procinmation WHEREAS, The Office on Women's Health (OW H) was established in 1991 within the U.S. Department of Health and Human Services (HHS). OW H coordinates women's health efforts across HHS and addresses critical women's health issues by informing and advancing policies, educating health care professionals and consumers, and supporting innovative programs; and WHEREAS, National W omen and Girls HIV/AIDS Awareness Day, sponsored by the Office on Women's Health, is observed every year on March 10th; and WHEREAS, Every year on March 10th and throughout the month of March local, state, tribal, federal and national organizations come together to shed light on the impact of HIV on women and girls and show support for those at risk of and living with HIV. This year marks the 17th annual observance of National Women and Girls HIV/AIDS Awareness Day; and WHEREAS, HIV remains an epidemic in the United States and in countries around the world. While great progress has been made in preventing and treating HIV, there is still much to do. An estimated 1.2 million people in the United States are living with HIV, and of those individuals, about 1 -in -7, did not know they had HIV; and WHEREAS, in Palm Beach County more than 8,200 persons are living with HIV, and about 1 new infection occurs every day, and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to renew HIV/AIDS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on National Women and Girls HIV/AIDS Awareness Day; and WHEREAS, in 2019, HHS launched Ending theHIV Epidemic:A Plan forAmerica. The initiative aims to reduce new HIV infections in the U.S. by 900/6 by 2030 something that can't be done unless work is done by, with, and for women, outlining the actions steps to 1) Diagnose all people with HIV as early as possible, 2) Treat people with HIV rapidly and effectively to reach sustained viral suppression, 3) Prevent new HIV transmissions by using proven interventions, including pre -exposure prophylaxis (PrEP) and syringe services programs (SSPs), and 4) Respond quickly to potential HIV outbreaks to get needed prevention and treatment services to people who need them. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 10th of March, Two Thousand Twenty -One as: National Women and Girls fIIV/-4I1D,§ -4war�,n�,55'Dag and urge all residents of the City of Boynton Beach to take the HIV Test to know your status and to take part in the other activities and observances designed to increase awareness and understanding of HIV. 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 2nd day of March, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione, Deputy City Clerk 3.D. Announcements, Community and Special Events and Presentations 3/2/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Proclaim support for the statement from Mayors United Against Antisemitism, an initiative of the American Jewish Committee and the U.S. Conference of Mayors and authorize the Mayor to electronically sign the statement on behalf of the City. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type C:lirataaJa irna bola ttaclhtirTIENI'lt Description FlirataaJa irna bola w: to tE)irTIENI'lt suit: irltiSE)irnitisirn Page 14 of 527 Proclamation WHEREAS, five years ago, U.S. mayors from all fifty states issued a call to action to combat antisemitism in Europe Not alone in their concern, mayors from across Europe joined in the fight and signed the pledge; and WHEREAS, vicious attacks on American soil have demonstrated that antisemitism must be confronted with the same urgency in the United States. In October 2018, eleven Jews were killed in the deadliest attack against the Jewish community in U.S. history at the Tree of Life Synagogue in Pittsburgh, Pennsylvania. Jews have also been murdered in Poway, California; Jersey City, New Jersey; and Monsey, New York simply for being Jews. We witnessed chants of "Jews will not replace us" in Charlottesville and "Camp Auschwitz" and other antisemitic messages displayed during the assault on the U.S. Capitol; and WHEREAS, according to the FBI 2019 Hate Crimes Statistics, American Jews who make up less than 2% of the American population were the victims of 60.2% of anti -religious hate crimes; and WHEREAS, in a world of global communications, where antisemitic ideas spread rapidly, a concerted and principled response is required to raise awareness, to educate, and to ensure decency prevails. As mayors and municipal leaders, we have a unique responsibility to speak out against the growing menace of antisemitism. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim we gather again, as leaders of cities and communities to jointly say: enough 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 2nd day of March, Two Thousand and Twenty-one. Steven B. Grant, Mayor ATTEST: Tammy Stanzione Deputy City Clerk MAYORS UNITED AGAINST ANTISEMITISM Five years ago, U.S. mayors from all fifty states issued a call to action to combat antisemitism in Europe. Not alone in their concern, mayors from across Europe joined in the fight and signed onto the pledge. Since then, vicious attacks on American soil have demonstrated that antisemitism must be confronted with the same urgency in the United States. In October 2018, eleven Jews were killed in the deadliest attack against the Jewish community in U.S. history at the Tree of Life Synagogue in Pittsburgh, Pennsylvania. Jews have also been murdered in Poway, California; Jersey City, New Jersey; and Monsey, New York simply for being Jews. We witnessed chants of "Jews will not replace us" in Charlottesville and "Camp Auschwitz" and other antisemitic messages displayed during the assault on the U.S. Capitol. According to the FBI 2019 Hate Crimes Statistics, American Jews—who make up less than 2% of the American population—were the victims of 60.2% of anti -religious hate crimes. And so we gather again, as leaders of our cities and communities, to jointly say: "Enough." We, the undersigned Mayors, express our deep conviction that antisemitism is not only an attack on Jews but an assault on the core values of any democratic and pluralistic society. In a world of global communications, where antisemitic ideas spread rapidly, a concerted and principled response is required to raise awareness, to educate, and to ensure decency prevails. As Mayors and municipal leaders, we have a unique responsibility to speak out against the growing menace of antisemitism by affirming the following: We, the undersigned, • Condemn antisemitism in all its forms, including hatred and prejudice directed toward Jews, stereotypes or conspiracy theories about Jews, Holocaust denial or distortion, and denying the Jewish people's right to self-determination and/or the Jewish state's right to exist; Page 16 of 527 • Support national, state, and local government efforts directed at eradicating antisemitism and preventing extremist indoctrination and recruitment; and support expanded education programs, including Holocaust programs, to counter intolerance and discrimination; • Reject the notion that opinions about the policies, actions, or existence of the State of Israel can ever justify or excuse antisemitic acts; • Recognize the ever-present need to be vigilant about efforts to prevent and report acts of antisemitism and other hate crimes; and • Affirm that a climate of mutual understanding and respect among all citizens is the bedrock of pluralistic communities. We therefore commit to working within and across our communities to advance the values of respectful coexistence. We call upon mayors, municipal leaders, and other elected officials in the United States and around the world—and all people of good faith—to join us in declaring unequivocally that antisemitism is incompatible with fundamental democratic values. THIS IS AN INITIATIVE OFAMERICANJEWISH COMMITTEE (AJQ AND THE U.S. CONFERENCE OF MAYORS (USCM). Page 17 of 527 Requested Action by Commission: Proclaim the Month of March as Florida Bicycle Month. Explanation of Request: Whereas the National Bike Month is the month of May, the State of Florida has chosen March to be the State's month to recognize bicycling as an important activity, including for recreation and physical health as well as for a means of transportation. The proclamation will echo the efforts of Governor DeSantis, the Florida Bicycle Association, the Palm Beach County Transportation Planning Agency, and many other cities within the State of Florida in recognizing bicycling, bicycle safety, the related benefits to personal health and the environment, and the importance of investing in related infrastructure. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D FlirtaaJa irna bola Description :::llor'iida IBliCyaJE) li ointh IFlirtaaJa irna bola Page 18 of 527 Proclamation WHEREAS, Boynton Beach residents and visitors engage in bicycling as a viable and environmentally sound form of transportation and an excellent form of physical activity and recreation; and WHEREAS, the State of Florida and the Florida Bicycling Association recognizes March officially as Bicycle Month and Palm Beach County will recognize it locally; and WHEREAS, Florida Bicycle Month features a number of fitness opportunities and events for riders of all ages to enjoy throughout the month at various parks and locations throughout Palm Beach County; and WHEREAS, the recognition of Florida Bicycle Month will raise awareness of bicycling and ultimately promote physical activity and healthy lifestyles by elevating bicycling as a more widely accepted choice of transportation; WHEREAS, the Palm Beach Transportation Planning Agency plans and recommends projects to make bicycling more accessible and promotes comprehensive community education efforts aimed at improving bicycle safety; and WHEREAS, through these efforts, Palm Beach County now has over 200 miles of designated bicycle facilities, with more than 600 miles of additional bicycle facilities planned and will continue to promote a connected network of improved bicycle level of service. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of March, Two Thousand Twenty -One as: Florida Veg4z 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 2nd day of March, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Tammy Stanzione Deputy City Clerk 5.A. Administrative 3/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/2/2021 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: Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building Wealth in the Community Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt ttaclhtirTIENI'lt ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description Rotatioin air:d ppoiir:tirTIENI'ItS Cobb, INa oirni J OIIIass, Il::.11IE)11': i cli: E� ,wAtt, CatNlE)ENI': J OSENry'r.:ir:d, JOE) Page 20 of 527 Appointments and Applicants for March 2, 2021 Art Advisory Board I Katz Alt 1 yr term to 3/22 Applicants: Ellen Jones Building Board of Adjustments and Appeals I Katz Alt Mayor Grant Alt II Hay Reg III Romelus Reg Applicants: None 1 yr term to 3/22 (Tabled 2) 1 yr term to 3/21 2 yr term to 3/22 2 yr term to 3/22 Community Redevelopment Agency Advisory Board III Romelus Reg 2 yr term to 3/22 (Tabled from 2-2-21) Applicants: Naomi Cobb Joe Josemond Employee Pension Board I Katz Reg 3 yr term to 12/23 11 Hay Reg 3 yr term to 12/23 Applicants: Cathy McDeavitt Historic Resources Preservation Board III Romelus Alt 1 yr term to 3/21 11 Hay Reg 2 yr term to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F77EF5D4-F588-42A3-B8E4-20A3E563375D\Boynton Beach.24662.1.Appointments_for_03-02-21.docx Page 21 of 527 Stanzione, Tammy From: drnrcobb <noreply@123formbuilder.io> Sent: Wednesday, February 03, 2021 4:47 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: NRC Resume 2018 2020.docx Today's date 02/03/2021 Name Naomi Cobb Phone number 954-696-1833 Address 1007 SE 3rd Street Boynton Beach FL 33435 United States Email drnrcobb@gmail.com Current occupation or, if retired, prior Complianace Investigator occupation Education Masters of Public Administration Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been Yes convicted of a crime? If "yes", when and 1983 in the State of Georgia for Fraud involving my then husband for removing checks from my where? desk while I worked at Georgia Tech and forging and cashing those checks. 1 Page 22 of 527 I have received a full pardon from the State of Georgia nd I have been an State/County Government for over 45 years. Advisory Board Community Redevelopment Agency Advisory Board Personal I have previously served on Advisory Board in my previous city, Wilton Manors. I served on the Qualifications Community Relations Board, funded the community diversity board. I also served on the Parks and Recreation Board and while the Chair of LA Lee YMCA, worked very closely with the Community Redevelopment Advisory Board in revitalization efforts i the city of Ft. Lauderdale. I have studied Public Administration for better part of 30 years and the impact that Community Redevelopment ha on a city\'s growth for all its residents and businesses. Professional Memberships Feel free to attach/upload an https://form.123formbuilder.com/upload dld.php?fileid=6845ecb86b651d24cldb393b06dd03d2 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 151.132.206.250 (United States) at 2021-02-03 16:46:39 on Chrome 88.0.4324.104 Entry ID: 429 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214 Page 23 of 527 Resume' Naomi R. Cobb, MPA (954) 696-1833 naomiruthcobb@gmail.com Summary of Qualifications Skilled to provide innovative community organization with an emphasis on community development, community based case management services, strategic planning, capacity building, curriculum and training development. Provide expertise in the area of housing program design, implementation of public/private partnerships in housing and diversity program development. Organizational and subject matter expertise in the field of Employment and Housing Investigations, Community Redevelopment, Case Management, planning and system development. Provided work performance assessments, analyzed performance, contract performance and data utilization. Collaborative internal and external relationships. Grant writing and management with emphasis on preparation, planning and organizational development. Implemented public policy, public welfare programs, employment and training programs, juvenile justice, quality child care programs, and budget preparation and management. Areas of Expertise: Grant Development and Management • EEOC Training and Development • EEOC Employment Investigations • Juvenile Justice Program Management • Community Based Case Management • Quality Child Care Assessments • Program Performance and Evaluation • Quantitative and Qualitative Research and Review Grants and Contract Management • Project Management • Marketing Development and Management • Community and Resource Development • Organizational Management • Curriculum and Training Development • Public Relations and Marketing • Diversity/Cultural Competency Training Page 24 of 527 • Community Revitalization • Project Development and Implementation • Training and Development Experience • Training on Tough Topics: • Religion in the Workplace • HIV/AIDS • Disabilities • Workplace Violence • Sexual Orientation • Multiculturalism • Racial and Health Disparities Work Experience: Palm Beach County Board of County Commissioners 2018 -Present Investigate complaints of alleged discrimination in Housing, Employment and Public Accommodations. Conduct fact finding conferences internally and externally. Conduct site visits to examine for possible sources of evidence. Prepare reports on investigative findings and maintain updated electronic databases and case history files until a final resolution of complaint. Learning Ingenuity Consulting 2000 -Present Develop quantitative and qualitative analysis of organizations in the areas of organizational management, quality improvement, capacity building, diversity and cultural competency training and other pertinent subject matters. Specialized organizations include the following: • Florida Supreme Court Trainings • Non -Profit Organizations o Board Development o Fundraising o Marketing and Public Relations o Non -Profit Management o Capacity Building o Public Safety and Criminal Justice Reform • Various Florida Corporations including but not limited to healthcare, transportation, service and construction industry • Outcomes Driven Training -Train the Trainer Page 25 of 527 Public Personnel Management Training • Train the Trainer in Customer Service Methodologies Broward County Board of County Commissioners 2005-2017 Civil Rights Division/Human Services/Family Success Centers Community Relations Coordinator Civil Rights Investigator Licensing Specialist Training Coordinator Duties include outreach, training and development of community programs that address Civil Rights matters both internally and county -wide. Provide support and planning for community based programs that address discrimination in housing, employment and public accommodations. Community relations and diversity initiatives provided within local county government through assessments and training curriculum. Provide leadership in community building and knowledge building of available community resources. Conduct EEOC and Housing Complaint investigations both internally and externally of County Government. Provide and develop training programs related to EEOC and other discriminatory matters. • Develop and implement diversity action plans • Housing Task Force Development and Training • Homeless Initiative for Long Term homeless populations • Upgraded and repositioned community awareness programs • Created county -wide diversity plan to maximize community awareness • Developed strategies to integrate, disseminate information, and target specific cultural groups within the community • Develop and conduct training curriculum for internal and external agencies • Developed core training tools exclusively for civil rights and employee relations Case Manager II Interview, screen and provide Care Plan Management to customers seeking emergency mortgage, rental or energy assistance. Provide training to staff and community in the areas of services that the county provide. Conduct performance review of needs assessment and program performance. Child Care Licensing Specialist II This is specialized child care regulatory work. Work involves making site visits to child care facilities and family child care homes to monitor for compliance with the State Page 26 of 527 Statutes and the County Child Care Facility and Family Child Care Ordinances. Responsibilities also include participating in overall planning for the child care facilities and/or family child care homes and providing the community with best practices in early child care and development. Work includes investigating complaints, providing technical assistance, and providing in-service training. Work may also involve investigation of suspected unlicensed child care arrangements. Work is performed with considerable initiative and judgment. In addition to monitoring duties and responsibilities, I planned and coordinated training for staff of Child Care Licensing and Enforcement, Elderly and Veterans Affairs and provided training to Child Care providers in the community on an ongoing basis. Also served as the Training Committee Chair, during my tenure as well. Creating Positive Change Foundation, Inc. Founder/Chief Executive Officer 1995-2005 Managed operations of a community based organization that provided HIV/ADIS care. Responsible for financial growth and development of agencies programs and services, managed new project development, staff development and fund-raising. • Developed, positioned and introduced Creating Positive Change Foundation to community resources. Created concept to incorporate it into the established health services community as an additional resource for underserved populations in county, including Housing Opportunities for Persons with AIDS • Housing for Veterans • Capacity Building Training for Housing Providers • Capacity Building to local non profits • Program Review and Evaluation • Implemented qualitative and quantitative analysis • Developed community based trainings to address critical care issues • Developed research methods to guide new and effective treatment regimens • Developed annual Women's Conference • Community Organizer Grant Writing and Management State of Florida, HRS/Department of Juvenile Justice 1983-1995 Multiple Senior Level Positions Organized planed and managed the coordination of court related programs with elected officials, citizens, municipal, state, county and federal agencies, private sector business leaders, philanthropic/civic organizations and criminal justice professional organizations. Conducted oral presentations for various committees/agencies/groups; coordinated and Page 27 of 527 managed meetings with Broward Sherriff Office Offender Reentry services (Adult and Juvenile); conducted research and development as necessary by the Director of Justice Services. Provided leadership to juvenile justice matters within court systems in Miami - Dade County and Broward County. Community Relations Board for the Federal Corrections Institute in Miami. Positions included Sr. Juvenile Court Liaison, Housing Training Coordinator for Re -Entry Program, and Senior Case Management. Developed Nehemiah Project to address minority children in Foster Care in conjunction with Governor's Office Task Force on Children of imprisoned offenders. Developed and managed juvenile justice program to work with families and community to reduce recidivism rates within Miami -Dade County, Broward County. State of Georgia Department of Juvenile Justice 1975-1983 Employed in various juvenile justice programs as a Youth Counselor, and Employment Training Coordinator for multiple programs within the Juvenile Justice System of Care. Community presentations and community outreach activities. School Board of Miami Dade County School Registrar various Adult Education Centers Education Barry College for Girls Barry University Miami Shores, FL Barry University Miami Shores, FL Masters of Public Administration Eastern Kentucky University National Certified Investigator Temple University Certified Case Manager Department of Education Palm Beach State Office of Early Learning Certified Outcome Driven Trainer 1971-1975 June 1975 IDIM4111I11 May 2013 May 2012 March 2016 September 2010 Page 28 of 527 State of Florida Department of Education Early Childhood Education 45 hour Course Completed in 2009 Broward County Board of County Commissioners Office of Learning and Organizational Development SunSational Service Trainer 2011 -Present Positive Start, EEOC Component Trainer 2003-2005 Publications: South Florida Urban Research and Training Guide, 2001 -Present Healthy Changes Project, 2001 -Present Juvenile Justice Times, 1985-1994 Health Disparities in Communities of Color, 2003 Measuring the Effectiveness of Diversity, 2004 Implementation Model for Diversity Education, 2005 -Present SHE Magazine, Columnist/Ethnicity 1997 -Present Conferences Speaking Engagements: North Carolina State University 12th Annual Social Equity Conference Presenter Florida Atlantic University Office of Diversity and Equity Women Studies Center, Boca Raton Barry University Office of Diversity Development Broward Health Foundation Lillian S. Wells Conference Center Minority Women Breast Health Broward General Hospital Conference on Domestic Violence Awards: Page 29 of 527 Broward County Board of County Commissioners Commission on the Status of Women/Women History Month 2012 Outstanding Woman of the Year Award Recipient Miami Dade Human Rights Foundation Woman of the Year Award Recipient Social Equity Award Recipient Community Engagement: YMCA LA Lee Board Chair March 2012 June 2010 January 2016 -June 2019 Board Member June 2019 - Present Board Recruitment, stabled committees to address community needs, including Arts, Culture, Health Disparities, Grant writing, annual campaign fundraising, Building Projects for a larger YMCA in a community that was challenged economically, politically and socially. Gilda's Club of South Florida 1999 — Present Cancer support agency named after Gilda Radner that provides free services to the community for people addressing cancers of all types. Chair of the Women of Color committee, fundraising, trainer, and lecturer, most importantly, volunteer. Page 30 of 527 Stanzione, Tammy From: elljax <noreply@123formbuilder.io> Sent: Friday, February 12, 2021 2:43 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/12/2021 Name Ellen Jones Phone number 601-540-6310 Address 450 n federal hey 1214 Boynton beach FI 33435 United States Email elljax@aol.com Current occupation or, if Healthcare administrTion retired, prior occupation Education PhD Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If "yes", name of business: HealthVoice Are you currently serving on a No City board? Have you served on a City NO board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board Personal Qualifications Involved as volunteer Ymca work Worked w city planners Work w CDC Professional Memberships Feel free to attach/upload an extra sheet or resume. 1 Page 31 of 527 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.135.12.86 (United States) at 2021-02-12 14:43:09 on Phone 14.0.3 Entry ID: 433 Referrer: https://www.boynton-beach.org Form Host: https://form.123formbuilder.com/583214 Page 32 of 527 Stanzione, Tammy From: mtck <noreply@123formbuilder.io> Sent: Saturday, February 13, 2021 3:26 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/13/2021 Name Cathleen McDeavitt Phone number 561-715-3107 Address 237 SW 9th Ave Boynton Beach FL 33435-5543 United States Email mtck@bellsouth.net Current occupation or, if Office Administrator retired, prior occupation Education Some college. CPPT Certified Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If "yes", which board(s) and General Employee Pension board when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Employee Pension Board Personal Qualifications I have successfully met all the requirements for certification in the Florida Certified Public Pension Trustee Program. I have continued my education in order to keep that certification valid. Professional Memberships FPPTA CPP Feel free to attach/upload an extra sheet or resume. 1 Page 33 of 527 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.46.239.250 (United States) at 2021-02-13 15:25:32 on Chrome 88.0.4324.150 Entry ID: 434 Form Host: https://form.123formbuilder.com/583214 Page 34 of 527 Stanzione, Tammy From: jjosemond <noreply@123formbuilder.io> Sent: Thursday, February 04, 2021 2:05 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 02/04/2021 Name Joe Josemond Phone number 561-543-8531 Address 1521 NE 2nd St Boynton Beach FL 33435 United States Email jjosemond@gmail.com Current occupation or, if Administrative Asso. retired, prior occupation Education Master Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: No Are you currently serving on a No City board? Have you served on a City NO board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications Leasing Agent with EDr Trust for 5 years. I maintain records related to sales and rent payment. I also answer plethora of questions regarding to living accommodation in the city of Tallahassee. I also ensure that safety and security are maintained, reporting all problems/hazards immediately regarding the property. Professional Memberships Masonic Lodge 1 Page 35 of 527 Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.237.191.154 (United States) at 2021-02-04 14:05:13 on Chrome 88.0.4324.104 Entry ID: 430 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214 Page 36 of 527 6.A. Consent Agenda 3/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Legal Expenses - January 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt Description (:.,)oir'Eslr': Clh E)rof Jlalr:Uialr'y 2021 Il lr:VOliCE)S (:.,)oir'aslr: Clh E)rof Risk Il.....lifligaflioin Jla ll'i lalr'y 2021 I Ir:VOiCE)S OL.aitsidE) COLAII:SE> fll (3)ENr'aci Jlalr:Uialr'y 2021 f L.aitsidE) COLAII:SE> fll If asadc' in Jla ll'Kiialr'y 2021 Illr:walka21 OL.aitsidE) COLAII:SE> fll I cII::::addaslr: Jlalr:Uialr'y 2021 I IC'I1A6"DIiC Page 37 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 34714 Attn: Lynn Swanson LABOR - General L�� 01/05/2021 SHB Telephone conference with Oldbury re: investigation and discipline matters. 0.30 01/07/2021 SHB Review notice of investigation and follow up with Oldbury. 0.50 01/12/2021 SHB Attend Police Legal Advisor Labor Group meeting. Discuss investigation matters with Dunkiel. 0.70 01/15/2021 SHB Review investigation questions and garrity warning. Various correspondence and discussion with JAC and Oldbury re: investigation matters. 1.50 01/16/2021 JAC Update research on fire fighter interrogations; discuss same with Shana Photocopies 1.40 TOTAL EXPENSES THRU 01/31/2021 1.40 TOTAL CURRENT WORK 1,702.90 Page 38 of 527 Bridgeman and Julie Oldbury 1.50 SHB Research re: Garrity matters; discuss with JAC. 1.00 01/21/2021 SHB Attend webinar re: Covid vaccines in the workplace. 0.20 01/26/2021 SHB Attend FAPA meeting; discuss pending legislation, lobbying matters, and upcoming changes to rules regarding Marsy's Law. 0.50 01/28/2021 SHB Telephone conference with Spates and Leitner re: various la matters. Begin research re: statutory IA procedures. 1.80 01/29/2021 SHB Review new OSHA guidance re: Covid in the workplace. 0.30 FOR CURRENT SERVICES RENDERED 8.30 1,701.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 SHANA H. BRIDGEMAN 6.80 205.00 1,394.00 Photocopies 1.40 TOTAL EXPENSES THRU 01/31/2021 1.40 TOTAL CURRENT WORK 1,702.90 Page 38 of 527 CITY OF BOYNTON BEACH LABOR - General BALANCE DUE Page: 2 02/03/2021 ACCOUNT NO: 306-0603180 STATEMENT NO: 34714 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,702.90 Page 39 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras 01/06/2021 SHB Follow up with Longhini re: NOI processing matters. 01/08/2021 SHB Review RLC status list re pending trials. Various correspondence with Hollander and PD re: upcoming trials and settlement matters. ACCOUNT NO STATEMENT NO 01/12/2021 PE Emailed and called Advantage regarding Varonis issue. SHB Review and approve NOls. 01/16/2021 PE Organized and sort notices. 01/18/2021 SHB Review and approve NOls. 0.40 PE Sort organize and prepare notices. Converted to PDF/A and e -filed. 01/19/2021 SHB Review and approve NOls. 3.70 PE Changed date and e -filed remaining notices. 01/25/2021 SHB Review and approve NOls. 01/26/2021 SHB Attend RLC hearings. Various calls and correspondence with PD and 2,453.00 TOTAL Defense counsel re: upcoming trials and case resolution matters. Receive $1,353.00 money order; follow up with City re: processing of settlement payments. Discuss with Swanson and HN. Follow up with Hollander re: settlement $2,453.00 payments. 01/27/2021 SHB Various correspondence with Jacquet and Leon re: upcoming trials and case resolution matters. Attend Damico red light hearings to request continuance on behalf of officers. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN PATRICIA EUGENE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 6.60 $205.00 8.80 125.00 Page: 1 02/03/2021 306-0806020 34715 HOURS 0.20 0.60 1.00 0.10 0.70 0.40 3.40 0.20 3.70 0.10 3.50 1.50 15.40 2,453.00 TOTAL $1,353.00 1,100.00 2,453.00 $2,453.00 Page 40 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO HOURS 01/04/2021 JAC Review pending staff request for legal review; discussions with assistant CityAttorney's regarding same; prepare for city commission meeting; Review office administration issues with Lynn Swanson; review status of forfeiture cases; review status of foreclosure cases and related federal litigation 6.50 01/05/2021 HN Review of email from Adam Temple regarding the sign code draft ordinance. Response email cc JAC. Phone call discussion with JAC regarding the Boynton Beach mall mural and review of emails related to the mural. Conference call with Lori, Kathryn Matos and JAC regarding mall mural and cherry mart mural. Case law research as to when design criteria for a mural or artwork is deemed unconstitutionally vague. 2.70 DS Reviewed Delta Business Solutions / OMNI Business Solutions Customer Agreement and Maintenance Agreement and Addendum. Drafted email re: Delta/OMNI Addendum. Discussed Delta/OMNI Agreement with City. Reviewed 1/5 agenda. 0.80 QEM Review of file re: 130 SE 14th Ave water and sewer lien; telephone conference with Mr. Denahan. 2.60 JAC Prepare for, attend, and follow up notations regarding city commission meeting; conference call with MDC & DS regarding palmar and bamboo Lane utility matters and general assessment issues; conference call with vice mayor; telephone conference with Kathryn Matos regarding approval process/arts board 6.40 01/06/2021 HN On site office hours. Review and signature of contracts. Meetings with Adam Temple and Erin Dunn re: pending matters. Discussion with Kathryn Matos regarding mural memo. Email to JAC regarding conversation with Kathryn. Review of cases re: unconstitutionally vague speech. 3.50 JAC City commission meeting follow up with Lynn Swanson in assistant City Attorney's; Emails with Jason Evans regarding legacy project and road closure issue; Review well path request for reasonable accommodation documents and status; review CRA additional rent issue; review prevailing party issue for pending town Square litigation; Review Colin Groff request for conditional abandonment language 5.40 01/07/2021 HN Review of case law as it relates to vagueness and the first amendment. Draft of memo to Lori cc Kathryn Matos regarding mural standard of review. Review of the City Code regarding murals and artwork. Email to JAC with draft memo. 3.20 Page: 1 02/03/2021 306-9001821 34716 Page 41 of 527 Page: 2 CITY OF BOYNTON BEACH 02/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34716 General Matters HOURS SHB Reasonable accommodation - Call to Rumpf re: RA request. Review correspondence and proposed edits to agreement. Follow up with Rumpf. Follow up with Code re: lien and citation matters. 1.30 JAC Weekly review of tort defense case status, pleadings, and assistant city attorney assign; Call W/ Swanson regarding miscellaneous office administration issues, computer issues, virtual meeting status; Conference call regarding MSTU program, special assessments, and utility billing and collection options for water and sewer services outside jurisdictional limits 5.00 01/08/2021 HN Discussion with JAc regarding mural memo. Edit to mural memo. Phone call with Lynn and email to Lynn with memo. Review of email exchange with Lynn and Kathryn Matos. 0.30 QEM Review and evaluation of correspondence and law cited in memorandum from counsel re: 130 SE 14th Avenue; review of email and follow-up with Mr. Darty ETR documents. 1.50 DS Discussed Delta Agreement and Addendum with City. Drafted email re: new invoice terms for printer. 0.10 JAC Call with Andrew Mack regarding vehicle purchases; call with Kathryn Matos regarding pending art and other issues;Research and preparation regarding legacy project, abandonment, and threaten litigation regarding quasijudicial hearing 3.70 01/11/2021 DS Drafted email re: printer addendum. 0.10 JAC Preliminary review of women's club land transfer and maintenance in our local agreement; continue review of roadway abandonment related to legacy project and calls regarding same; review agenda items; review state federal and county COVID-19 related policy updates; discuss testing site issues with City Manager; review issues regarding quantum Park ATV intrusion, fencing, and related security issues; review status of assistance assignments; Follow up regarding continuation of quasijudicial hearing and record of same; 6.30 01/12/2021 GB Emails Telephone conference call with City regarding Assumption of Risks and Release of Liability Relating to COVID 19. 0.90 JAC Review agenda items; review CRA transfer of women's club to city; miscellaneous calls regarding same; review issues regarding high Ridge country club public art require call with Kathryn Matos regarding same; continue review of legacy roadway abandonment with staff and DJD; Follow up regarding Oyer Park boat ramp Commercial use options;Conference call with development department staff regarding Knuth road project and land -use zoning options; follow up Code and statute research regarding same 6.10 SMS Review of Citrus Cove Elementary item for agenda 0.30 01/13/2021 DS Reviewed Canon printer proposal. Discussed Canon proposal wit City. Researched Canon terms and conditions. Reviewed email exchange re: BBAA facility use agreement. 1.20 HN Email to Adam Temple regarding draft sign code ordinance. Phone call and left message for Adam. Review of staff comments on draft sign rewrite ordinance. 1.50 JAC Agenda item submission and review/approval; follow up regarding women's club acquisition; review and sign parking enforcement and towing issue oceanfront park; Additional review regarding roadway abandonment and legacy project; review association objection to rolloff fees and discuss with Andrew Mack 5.20 Page 42 of 527 Page: 3 CITY OF BOYNTON BEACH 02/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34716 General Matters �� 01/14/2021 SHB Review and approve various agenda items. 0.60 DS Reviewed and revised baseball facility use agreement. Discussed facility use agreement with Parks. Reviewed emails re: oceanridge park. Discussed oceanridge park with Parks. Reviewed Llbrary Ideas Agreement. Drafted Amendment to Library Ideas Agreement. 2.30 JAC Calls regarding arts board with assistance City Manager; prepare for and attend arts board meeting; agenda prep and review 3.20 01/15/2021 DS Discussed oceanridge towing issue and becks agreement with J.A.C. Reviewed and revised facility use agreement. Drafted email re: facility use agreement. Downloaded Beck agreement. 1.60 HN Review and approval of contracts that had passed city commission. 0.20 JAC Office administration issues/discuss with LS; Review emails regarding department request for review and discuss with assistant City Attorney's 2.50 01/18/2021 JAC Conference call with member of Commission regarding pending issues 0.50 01/19/2021 DS Reviewed Canon Master Terms and Conditions. Drafted addendum to Canon Agreement. Drafted email re: Canon Agreement. Reviewed and analyzed Becks Franchise Agreement. Reviewed and analyzed City Code of Ordinances re: towing. Reviewed Library Ideas Agreement. Revised Amendment to Library Ideas Agreement. 3.10 SMS Review of correspondence from Lake Worth Drainage District related to lien procedure for Sea Walls 0.30 JAC Prepare for and attend City Commission meeting; miscellaneous on-site office administration and organization activities; review pending employment agreements; Review notice of surplus funds/Boynton Hills lot 145; review pending legislation regarding smoking in municipal parks; review Attorney correspondence regarding employee statement pending criminal investigation; review Leisureville seawall restoration issues with South Florida water management District; review with DS regarding bamboo Palmer utility matter 6.60 01/20/2021 DS Finalized Canon Addendum. Drafted email re: Canon addendum. Finalized Library Ideas Amendment and Exhibit. Drafted email re: Library Ideas Amendment. Drafted email re: Canon comments on Addendum. Reviewed and revised Youth Orchestra of Palm Beach County Agreement. 1.70 HN On site office hours. Review and signature of contracts. Discussion with Kathryn Matos regarding mural language in the code. 3.20 JAC City Commission meeting follow up with Lynn Swanson and assistant City Attorney's; Follow up call with development department staff regarding Knuth Road land use amendment and rezoning options; follow up with City Clerk regarding art board members and abstention from voting. 4.30 01/21/2021 GB Emails with City regarding Art & Autism Expo form. Reviewed and revised release language in form. 0.90 SHB Attend monthly chronic nuisance meeting. 0.60 JAC Review Leisureville seawall restoration plan and South Florida water management District proposal with SS; miscellaneous research regarding same; review and sign artist agreements; review pending matters list with LS and redirect assignments to assist in City Attorney's; update research on virtual meeting status and continuation; update review of federal and state regulations related to COVID-19 pandemic. 4.80 Page 43 of 527 Page: 4 CITY OF BOYNTON BEACH 02/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34716 General Matters SMS Telephone conference call to discuss issues with Leisureville SeaWall and correspondences related to MOU �� 0.70 01/22/2021 DS Researched case law, Florida statutes, secondary sources, Attorney General opinions re: fire rescue transport records. Drafted research response re: public records request. Revised Youth Orchestra Agreement. Drafted email re: Orchestra Agreement. Discussed Beck's Franchise Agreement with J.A.C. Discussed public records request with Fire Rescue. Discussed Youth Orchestra Agreement with City. Revised Youth Orchestra Agreement. Drafted facility use permit. 6.20 HN Review of surplus funds document. Review of recorded lien. Review of requirements for stating claim to surplus funds. Review of Mike's comments on the draft of the sign code ordinance. Edited ordinance based on comments. 1.50 SHB Various correspondence with Scott Arthur re: PD agreement with Navy. Review newspaper sponsorship agreement and follow up with City. 1.00 JAC Review staff analysis of WXEL Land use and non -conforming use issues; email HM with opinion; discuss rescue transport billing and transfer report public records issue; discussed same with DS; review towing franchise agreement and extension options for oceanfront Park; review employment agreements and sign off on same; review notification from Property Appraiser/Clerk regarding excess funds; discuss same with Heather N; Call with attorney regarding closure of street; review COVI D-1 9/Florida Worker's Compensation issues/with online research. 5.50 01/25/2021 DS Revised Library Ideas Amendment. Drafted email re: Library Ideas Amendment. Researched HIPPA and public records requests. Drafted First Amendment to Beck's Agreement. Researched franchise agreements. 3.60 HN Review of Ed Breese's comments on sign code draft ordinance. Edits to ordinance based on Ed's comments. 1.40 JAC Research presumption of infection issue; review state directives regarding vaccination priorities and Worker's Compensation presumptions; Review employment agreement; review Kelley Janitorial billing services agreement and discuss with LS; Review public records issue with LS; Conference call with staff regarding purchasing limits and application for commodity purchases under state contracts or available piggyback contracts; follow up review of procurement code and notate for additional amendment. 5.40 01/26/2021 DS Reviewed procurement code. Reviewed and analyzed Becks Towing Agreement and related RFP. Revised Beck's Amendment. Drafted Exhibit "F" to Beck's Agreement. Discussed towing agreement, and YOPBC Agreement with Parks and Recreation. 2.30 HN Phone call with Adam Temple regarding sign code draft ordinance. Email to JAC with update on sign code ordinance. Email exchanges with Mike Rumpf regarding electronic signage. Review of Wilton Manors and Lighthouse point ordinances re: signage. 1.10 GB Telephone conference call with City regarding disclaimers on mini- libraries. Legal research and drafted disclaimers for mini libraries and emailed to City for review. 1.10 JAC Review artist agreements; review pending staff assignments; review sign code Amendment; research electronic sign intensity measurement options; review employment agreements; review incoming pleadings on pending cases 4.00 Page 44 of 527 Page: 5 CITY OF BOYNTON BEACH 02/03/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 34716 General Matters �� 01/27/2021 DS Revised YOPBC Agreement. Drafted email re: YOPBC Agreement, Records Release question, and Oceanfront park. Drafted email re: Kelly Janitorial. Reviewed ITB 03-2511-19/IT. Drafted First Amendment to Kelly Janitorial Agreement. 2.40 HN Review of sign code draft ordinance and Ed Breese's comments. Made a list of questions relating to review of Ed's comments for zoom meeting tomorrow morning with Mike Rumpf, Ed Breese and Adam Temple. 1.20 JAC Preliminary review of agenda items; Discuss assistance City Attorney assignments with LS; review employment agreements; Review HWCBB zoning issue; 3.00 SHB Review and approve various agenda items; follow up with Swanson. Review FARO agreement and send comments re: various contract provisions. Review FAU ride along agreement. 3.00 01/28/2021 HN On site office hours. Zoom conference call with Adam Temple, Mike Rumpf, and Ed Breese regarding draft sign ordinance. Review and signature of contracts. 3.50 DS Discussed public records release question and Becks towing agreement with J.A.C. Drafted email to Fire Department re: records release. Discussed Becks towing agreement with G.B. 0.80 GB Telephone conference call with City regarding subrogation claims. Email to Clty with bad faith letter form. 0.50 QEM Review and respond to email correspondence from Mr. Denahan re: water bill issue. 0.50 JAC Telephone conference update with DS regarding towing and related Park issue; continue review of agenda items 3.50 SHB Review various agenda items. Telephone conference with Swanson re: agenda, procurement, and pending matters. Follow up re: FARO agreement and revisions. Various correspondence re: Homin Inn matters. 2.30 01/29/2021 DS Drafted email re: Kelly Janitorial Agreement. Reviewed Kelly Janitorial Agreement. Discussed Kelly Janitorial Agreement. 1.20 JAC Office administration issues with LS; review pending task list regarding assistance City Attorney assignments; audit weekly pleadings in pending tort and litigation cases; review final city commission agenda for discussion with SB; Preparation regarding closed -door meeting 3.60 SHB Various correspondence with City re: PRR reasonable accommodation matters. Review contract for band/musical services. Review biomedical waste services agreement. Review correspondence re: demand pursuant to 768.28; follow up with JAC. 2.50 FOR CURRENT SERVICES RENDERED 162.80 18,385.92 TOTAL CURRENT WORK 18,385.92 BALANCE DUE $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 45 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO HOURS 01/04/2021 BJS Review and follow up re: Correspondence re: Motion to Return Property, with review of Search Warrant and follow up with City Staff/Ulysse, follow up re: Motion to Return Property/King 1.20 01/05/2021 BJS Review return of property matters re: Ulysse and King, and telephone call with Joe San Antonio and follow up re: Resolution and search warrants 1.00 01/06/2021 TAD Review RLO information and prepare correspondence re: pending matters. 0.60 01/07/2021 GB Email to City regarding Matthew Rubenstein. 0.10 01/08/2021 TAD Receipt and review of correspondence re: claim information for release. Revise release document. Prepare correspondence to Geico counsel and City re: same. 0.70 GB Emails with City regarding claim against Matthew Rubenstein. Telephone conference call with City regarding Matthew Rubenstein. Legal Research regarding bad faith presuit letter to Windhaven Insurance Company. Email to JAC regarding bad faith letter. 1.60 SHB Review list of pending litigation matters and discuss with JAC, 0.50 01/11/2021 GB Edits to general release in claim YS Ref # 34600 pursuant to emails with GEICO's attorney. Email revised release to GEICO's attorney and City for review and approval 0.30 JAC Meeting with Litigation team regarding pending cases in assignments; Follow up review of docket items and case correspondence 3.00 BJS Follow up re: Return of Property and pending matters re: King 0.30 01/12/2021 GB Telephone conference call and emails with City regarding Harvey E Oyer Jr. Boat Ramp. Telephone conference call with JAC regarding issues with Boat Ramp. Legal research regarding allowed fees and penalties and research of City Ordinance regarding usage of the boat ramp and fees for park. Emails with attorney for GEICO regarding release for claim YS Ref #34600. 1.70 01/13/2021 GB Emails with attorney for Geico regarding General Release language and changes thereto in claim number YS Ref # 34600. Edits to General Release in claim number YS Ref # 34600. 0.40 BJS Reveiw and follow up re: Motion to Return Property re: Ulysse, King, Delorme 0.60 Page: 1 02/03/2021 306-9904950 34717 01/14/2021 BJS Telephone call with Greg Cafero and follow up re: pending return of property matters 0.50 Page 46 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous TOTAL CURRENT WORK BALANCE DUE Page: 2 02/03/2021 306-9904950 34717 4,674.00 $4,674.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 527 HOURS GB Email with attorney for GEICO regarding signed release for claim YS Ref # 34600. Email to City regarding signed release for claim YS Ref # 34600. 0.20 01/15/2021 JAC Review of pending tort defense cases for a conference with attorneys 2.20 GB Emails with MDC and JAC regarding re -occurring conference calls to discuss tort defenses. 0.30 01/19/2021 GB Emails with City regarding Matthew Rubenstein. Claim review call with Tristar. 1.80 BJS Follow up re: Pending Return of Property Matters, draft correspondence to Captain Burdelski, review correspondence re: Seized Item Waiver and follow up 0.60 01/20/2021 MDC Conference with JAC and GB on pending cases, discovery. 0.40 BJS Telephone call with Captain Burdelski and follow up with Chief Snow 0.80 01/27/2021 MDC Telephone call with JAC and GB on pending cases and status of hearings. 0.50 JAC Review pending toward defense cases and trial setting issues with MC and GB; review specific case pleading indexes and correspondence 2.30 01/28/2021 BJS Telephone call with Joe San Antonio 0.60 01/29/2021 GB Telephone conference call and email with City and Tristar regarding subrogation claims. 0.60 FOR CURRENT SERVICES RENDERED 22.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 7.50 $205.00 $1,537.50 MICHAEL D. CIRULLO 0.90 205.00 184.50 GAL BETESH 7.00 205.00 1,435.00 SHANA H. BRIDGEMAN 0.50 205.00 102.50 BRIAN J. SHERMAN 5.60 205.00 1,148.00 TRACEY A. DECARLO 1.30 205.00 266.50 TOTAL CURRENT WORK BALANCE DUE Page: 2 02/03/2021 306-9904950 34717 4,674.00 $4,674.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Reed, Gernard, et al (Deutsche Bank Foreclosure) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905173 34718 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 48 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (FPM Properties, LLC) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905192 34719 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 49 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Federal National Mortgage Association (FPM Properties, LLC, et al.) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905205 34720 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 50 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. Secured Holdings, Inc. 01/28/2021 JAC Review review with staff regarding request for admissions; records review regarding sidewalk and drainage dispute and pleadings regarding same FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905206 34721 HOURS 1.50 1.50 307.50 TOTAL $307.50 307.50 $307.50 Page 51 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ditech Financial, LLC (Daquay, Marcel, et al) ACCOUNT NO STATEMENT NO 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905210 34722 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 52 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905263 Boynton Beach FL 33435 STATEMENT NO: 34723 Attn: Lynn Swanson Town Square Development HOURS 01/06/2021 RLL Attend weekly telephone conference call with JAC, DJD and clients; update dates on notices of completion for police station and city hall/library. 0.40 DJD Review emails; review terms of Facilities Lease Agreement. 0.60 JAC Weekly review of status of project and litigation; 0.50 01/13/2021 RLL Attend weekley telephone conference call with DJD, JAC and clients; order updated title work on Parcels 2, 5 and 7 owned by JKM. 1.00 DJD Participate in conference call; update title on JKM parcels. 0.50 01/20/2021 RLL Attend weekley telephone conference call with JAC, DJD and clients. 0.80 DJD Participate in conference call. 0.70 01/21/2021 RLL Review title work received on JKM Central parcel; request revision tot title report from title examiner. 0.50 01/25/2021 RLL Review property information reports on North and South parcels and requests revisions. 0.70 FOR CURRENT SERVICES RENDERED 5.70 896.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 D.J. DOODY 1.80 205.00 369.00 RACHEL L LEACH 3.40 125.00 425.00 Photocopies 4.20 TOTAL EXPENSES THRU 01/31/2021 4.20 01/21/2021 Chicago Title Insurance Company - Invoice 9133020 250.00 01/25/2021 Chicago Title Insurance Company - Invoice 9159562 250.00 500.00 TOTAL ADVANCES THRU 01/31/2021 500.00 Page 53 of 527 CITY OF BOYNTON BEACH Town Square Development TOTAL CURRENT WORK BALANCE DUE Page: 2 02/03/2021 ACCOUNT NO: 306-9905263 STATEMENT NO: 34723 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,400.70 $1,400.70 Page 54 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) ACCOUNT NO STATEMENT NO 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905265 34724 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 55 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Villa Del Sol Condominium Association, Inc. (Dacquay, Marcel) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905280 34725 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 56 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Federal National Mortgage Association ("FANNIE MAE") (Cynthia J. Matthews, et.al.) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905290 34726 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 57 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to JKM BTS North, LLC 01/27/2021 DJD Review email. FOR CURRENT SERVICES RENDERED TIMEKEEPER D.J. DOODY TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $205.00 $41.00 Page: 1 02/03/2021 306-9905348 34727 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 58 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Cain, Courtney (Labor) 01/06/2021 GB Telephone conference call with TAD Regarding case status. 01/29/2021 GB Emails with opposing counsel regarding discovery. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.60 0.80 RECAPITULATION HOURS HOURLY RATE TOTAL 0.80 $205.00 $164.00 Page: 1 02/03/2021 306-9905357 34728 164.00 164.00 $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 59 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Foster, Wanda a/k/a George, Wanda (Metropolitan Life Insurance) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905371 34730 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 60 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Watson, Wanda a/k/a Watson, Lisa G. (Deutsche Bank National Trust Company) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905372 34731 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 61 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Norfus, Ricky, et., al. (US Bank National Assoc.) ACCOUNT NO STATEMENT NO 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905380 34732 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 62 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's ACCOUNT NO STATEMENT NO .[oil]; 01/19/2021 JAC Review issues regarding order of taking and the descriptions of park for GIS 0.50 01/22/2021 JAC Review status of Park restoration activities; permitting, and continuing dispute regarding lease termination; Review orders of taking and research original transfer of ownership issues 1.00 FOR CURRENT SERVICES RENDERED 1.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $205.00 $307.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/03/2021 306-9905412 34733 JV / .JV 307.50 $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Deutsche Bank (Jones, Donnie) ACCOUNT NO STATEMENT NO 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905429 34734 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 64 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 34735 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) L�� 01/04/2021 HN Left voice messages for Vestiguerne Pierre and Erin Dunn regarding affidavits to the motion for summary judgment. Phone discussions with Vestiguerne Pierre and Erin Dunn. Edits to their affidavits. Email to Erin with questions that are needed to complete affidavit. Email to Vestiguerne Pierre with draft affidavit. Email exchange with Erin Dunn, edits to affidavit. Review of email from Pierre. 0.80 01/05/2021 HN Email exchange with Erin Dun and edits to her affidavit. Email exchange with Vestiguerne Pierre. 0.20 01/06/2021 HN Review and edits of Motion for Summary Judgment and Default Final Judgment. Review of all exhibits. 1.10 01/07/2021 CLD Drafted Affidavit of Costs, Affidavit of Attorneys' Fees, Affidavit of Expert as to Attorneys' Fees. 0.90 01/13/2021 CLD Updated amounts shown in Affidavit of Costs, Affidavit of Attorneys' Fees. 0.20 01/19/2021 HN Review of affidavit as to legal fees, review of legal fees ledger and costs list. Legal research as to what is a taxable costs and whether courier fees are taxable. Edits to Affidavit of Costs. Review of draft motion and exhibit A -J. Edits to exhibits and email to MDC cc JAC with draft motion. Email to Vestiguerne Pierre about resigning affidavit after date was corrected. Review of MDC edits and comments. 2.70 MDC Review draft Motion for SJ and exhibits, provide comments to HN. 0.70 JAC Follow up regarding attorney fee claim; discuss issue with HN and MC 0.20 01/20/2021 HN Review of MDC comments on Draft of Motion for Summary Judgment and Default Final Judgment. Phone conference with MDC to discuss comments. Edits to Motion. Phone conference with MDC and JAC re draft Motion for Summary Judgment 1.70 MDC Continue review of summary judgment materials, conference call with Heather Needelman; review issues with appendices and conference with JAC. 0.80 01/25/2021 HN Email to City Clerk Crystal Gibson for certified copies of liens in the laurore case in preparation for motion for summary judgment. Edits to Motion for summary judgment and research of new Florida Supreme Court case related to summary judgment standard. 0.70 01/26/2021 HN Email exchanges with Crystal Gibson and Tammy Stanzione regarding Page 65 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Laurore, Iva and Renan (Code/Foreclosure) certified copies of recorded liens. 01/28/2021 HN Edits to motion for summary judgment. review of utility lien. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.20 $205.00 MICHAEL D. CIRULLO 1.50 205.00 HEATHER NEEDELMAN 7.90 205.00 CYNTHIA L. DUNN 1.10 125.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.50 10.70 307.50 1,619.50 137.50 Page: 2 02/03/2021 306-9905432 34735 5.25 5.25 2,110.75 $2,110.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 01/04/2021 HN Review of email regarding Judge Hafele's office signing and mailing out the order dismissing Karen Ho's Motion to Dismiss. 0.10 01/06/2021 HN Review of Judge's signed Order denying Karen Ho's motion to dismiss. 0.10 01/15/2021 CLD Assembled and transmitted documents to the court and to the defendants re: the 1/26/21 hearing on Wing Ho's Motion to Dismiss; drafted cover letter to judge; drafted email to DOC to assure Karen Ho's attendance at hearing. 0.60 HN Review of documents to send to Judge for hearing on Wing Ho's Motion to Dismiss. 0.50 01/25/2021 HN Review of Wing Ho's Motion to Dismiss, review of City's response in preparation for hearing on Wing Ho's Motion to Dismiss on 1/26/21. 0.40 01/26/2021 HN Preparation and telephonic attendance of Wing Ho's hearing on his motion to dismiss. Review and edit of proposed order. 1.60 FOR CURRENT SERVICES RENDERED 3.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.70 $205.00 $553.50 CYNTHIA L. DUNN 0.60 125.00 75.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/03/2021 306-9905433 34736 264.60 264.60 893.10 $893.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 67 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) ACCOUNT NO STATEMENT NO 01/04/2021 KLE Review Motion to Approve Power of Attorney 01/08/2021 KLE Review bankruptcy motion to allow Farber to appear as Power of Attorney 01/26/2021 KLE Review Notice of Trustees Motion to Dismiss for Debtor's failure to attend the 341 meeting and to make plan payments. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905435 34737 HOURS 0.20 0.20 0.20 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 68 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Deutsche Bank National Trust (Arcelin, Jean, et., al.) 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905450 34738 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 69 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HSBC Bank (St. Felix, Jude 2020) ACCOUNT NO STATEMENT NO 01/27/2021 SHB Review docket re: status of litigation. Prepare close-out memo to client. 01/28/2021 SHB Review file re: status of litigation. Prepare memo to Code re: status of City lien. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905451 34739 HOURS 0.40 0.10 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 70 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Priority Towing 01/06/2021 GB Telephone conference call with TAD regarding case status. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $205.00 $20.50 Page: 1 02/03/2021 306-9905456 34740 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure ACCOUNT NO STATEMENT NO 01/08/2021 JAC Follow up regarding landfill closure settlement agreement with State 01/21/2021 JAC Conference call regarding status of landfill closure settlement agreement 01/22/2021 JAC Conference call regarding update to settlement and miscellaneous follow up 01/28/2021 JAC Review FDOH response to settlement proposal; review draft notations and prep for status call 01/29/2021 JAC Conference call regarding closing steps to finalize settlement with State; follow up call with LL regarding same FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.50 0.40 0.50 Page: 1 02/03/2021 306-9905475 34741 0.80 0.90 3.10 635.50 TOTAL $635.50 635.50 $635.50 Page 72 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Bamboo/Palmer Special Assessment L�� 01/05/2021 DS Drafted issue and research outline for internal CAO call. Discussed city code requirements re: connection and extension of City facilities with M.D.0 and J.A.C. 1.80 MDC Review materials, draft letter, Water Service Agreement and Statutes/Code, telephone call with DS on collections for tie-ins. 0.50 01/07/2021 DS Reviewed research and property histories for Bamboo/Palmer properties. Discussed next steps re: palmer/bamboo properties with City and M.D.C. Drafted meeting summary. 1.30 MDC Review materials; conference call with City Staff and Admin on proceeding with Water Sewer Agreements. 0.80 01/11/2021 DS Drafted notice of required connection and payment. 1.10 01/12/2021 DS Reviewed and revised draft demand letter. 1.20 01/13/2021 MDC Review draft letter and provide comments. 0.40 01/14/2021 DS Reviewed revised draft notice letter. 0.20 01/19/2021 DS Reviewed and revised demand letter. Discussed Demand letter and Water Agreement revisions with City. Researched section 381.00655, florida statutes. 0.60 01/20/2021 MDC Review and comment on letter to property owners. 0.20 01/21/2021 DS Revised demand Ietter.Drafted payment option form. Drafted email re: demand letter. 1.00 01/26/2021 DS Reviewed and revised demand letter. Drafted email re: demand letter. 0.60 01/27/2021 DS Drafted email re: water and sewer agreements. 0.20 FOR CURRENT SERVICES RENDERED 9.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.90 $205.00 $389.50 DANIELLE SCHWABE 8.00 205.00 1,640.00 Page: 1 02/03/2021 306-9905495 34742 Page 73 of 527 CITY OF BOYNTON BEACH Bamboo/Palmer Special Assessment TOTAL CURRENT WORK BALANCE DUE Page: 2 02/03/2021 ACCOUNT NO: 306-9905495 STATEMENT NO: 34742 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 2,029.50 $2,029.50 Page 74 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock (Sauternes V LLC) ACCOUNT NO STATEMENT NO 01/28/2021 SHB Receive and review order on substitution of party; update file. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.10 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $20.50 Page: 1 02/03/2021 306-9905517 34743 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 75 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/03/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 34744 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) 01/06/2021 SMS Research on attorneys' fees in Declaratory relief actions; weekly conference call 0.60 GB Legal research regarding proper affirmative defenses to a declaratory judgment action. Legal research regarding a declaratory judgment needed to decide factual matters. Began drafting memorandum of legal research and possible motion to strike affirmative defenses. 4.90 01/08/2021 GB Drafted City's First Set of Interrogatories to JKM and City's First Request for Production to JKM. Continued working on memorandum regarding motion to strike JKM's affirmative defenses. 3.00 01/11/2021 GB HOURS 01/04/2021 MDC Review Affirmative Defenses, documents; miscellaneous search on Affirmative Defenses; conference with JAC. 1.10 01/05/2021 SMS Review of litigation docs and conference call to discuss conditions and review and approval. litigation items. 0.80 JAC Attorney Conference regarding litigation assignments, research, and discovery; follow up regarding same; call with Commissioners regarding close door session with Commission same 2.20 01/06/2021 SMS Research on attorneys' fees in Declaratory relief actions; weekly conference call 0.60 GB Legal research regarding proper affirmative defenses to a declaratory judgment action. Legal research regarding a declaratory judgment needed to decide factual matters. Began drafting memorandum of legal research and possible motion to strike affirmative defenses. 4.90 01/08/2021 GB Drafted City's First Set of Interrogatories to JKM and City's First Request for Production to JKM. Continued working on memorandum regarding motion to strike JKM's affirmative defenses. 3.00 01/11/2021 GB Reviewed Plaintiff's discovery requests to City. Finalized first draft of City's First Set of Interrogatories to Defendant and email to JAC and MDC for review and approval. 0.90 JAC Follow up call from JKM attorney regarding project options; prepare for close door session with Commission 1.20 MDC Review litigation issues per JAC, including cases and rules. 0.60 01/12/2021 GB Emails with JAC, MDC and SMS regarding discovery deadlines. 0.10 JAC Preparation regarding response to discovery and service of discovery; 0.80 MDC Continued research on litigation issues per JAC. 0.40 SMS Telephone conference call with ACM related to exhibits for conditions; Review exhibits 1.60 01/13/2021 GB Telephone conference call with JAC regarding discovery. Telephone conference call with City regarding status. Email to City regarding documents. Edits to interrogatories pursuant to conversation with JAC. Email to JAC regarding revised interrogatories. Drafted Notice of Serving First Set of Interrogatories. Filed and served discovery requests on Defendant. 1.90 SMS Telephone conference call related to outstanding issues and how to proceed 0.70 Page 76 of 527 Page: 2 CITY OF BOYNTON BEACH 02/03/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 34744 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS JAC Discovery preparation conference; telephone conference with CityManager regarding status of litigation and issues for closed -door session; review notes regarding third -party production of documents 2.20 01/14/2021 SMS Telephone conference call to discuss conditions for request for production and review of Box 1.40 GB Emails with SMS regarding discovery and telephone conference call with SMS regarding discovery. 1.20 01/15/2021 JAC Research regarding motion to strike; review Colin Groff documents; prep for closed door 0.80 01/19/2021 SMS Review of settlement options 0.30 JAC Conference with manager; prepare for and attend closed door session; outline for communication with attorney 2.50 01/20/2021 SMS Telephone conference call on outstanding issues and proceeding; Review of dropbox correspondences on conditions in the Development Agreement 1.90 GB Telephone conference call with City regarding case status. Drafted, filed and served Motion to Strike JKM'S Affirmative Defenses. 2.60 MDC Review materials, attend conference call on status of case with City Administration. 0.70 JAC Draft response to JKM attorney regarding settlement options; discuss with CityManager and DJ D; Discuss and prepare regarding discovery and third -party production of documents; Closed door session follow up conference call with CityManager and team 1.80 01/21/2021 GB Telephone conference call with SMS regarding discovery. Drafted Subpoena DT for deposition to Adam Freedman. Email to JAC attached Subpoena for review. 0.50 JAC Correspond with JKM attorney regarding settlement; discuss same with CityManager; prep additional discovery and prep for deposition 0.90 SMS Review updated letter related to JKM; Review dropbox correspondences related to conditions in Development Agreement 0.90 01/22/2021 GB Worked on responses to request for production by reviewing the documents provided in "box." 3.00 SMS Correspondences and discussion on interrogatories and request for production 0.30 DJD Revise subpoena. 0.40 01/25/2021 GB Continued reviewing documents in "Box" for responses to JKM's discovery requests. Legal research regarding whether a motion to strike affirmative defenses prevents a case from being at issue. Legal research regarding motion to preserve evidence. Telephone conference call with SMS, City and E2L regarding facts, discovery, and project status. 4.30 SMS Review of materials and telephone conference call with E2L and staff to discuss conditions on Development Agreement 3.30 JAC Conference with attorneys regarding discovery and trial setting; 0.80 01/26/2021 IR Review all pleadings in this litigation, which includes pending discovery; calculated discovery deadlines and preparation of ticklers regarding same; initial preparation of the City of Boynton Beach's tracking chart, to list all witness names, contact information and supplemental information, which includes entities to be subpoenaed for records during discovery phase of Page 77 of 527 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS litigation; 1.40 SMS Call to discuss answers to interrogatories and explanation by E21- and ACM 0.20 01/27/2021 GB Telephone conference call with JAC and MDC regarding case status, strategy moving forward, discovery, affirmative defenses and trial. Telephone conference call with SMS regarding discovery. Telephone conference call and emails with City regarding discovery. MDC Review issues with affirmative defenses; discovery; confer with JAC and GB. JAC Discuss GBNSS conference with Mark Hefferin; miscellaneous follow up regarding development agreement issues and supporting documents 01/28/2021 GB Telephone conference call with JAC regarding motion to strike. Emails with JAC and MDC regarding motion to strike. Worked on responses to JKM's discovery requests by reviewing documents in Box, master folder. Emails with DJD regarding status update. MDC Confer with GB on affirmative defenses, schedule of hearings. 01/29/2021 GB Email to MDC and JAC regarding Motion to Strike. Drafted, filed and served Notice of Withdrawal of Motion to Strike. Telephone conference call with SMS and DJD regarding case update. Drafted Notice of Readiness for Trial and Email to MDC and JAC regarding trial. SMS Conference call to discuss JKM conditions and E21- and review of additional condition documents DJD Conference with Sean Swartz and Gal Betesh. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 14.50 $205.00 D.J. DOODY 0.90 205.00 MICHAEL D. CIRULLO 3.40 205.00 SEAN M. SWARTZ 12.70 205.00 GAL BETESH 27.10 205.00 INGRID RIERA 1.40 125.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE 1.30 0.40 1.30 2.30 0.20 Page: 3 02/03/2021 306-9905525 34744 1.10 0.70 0.50 60.00 12,188.00 TOTAL $2,972.50 184.50 697.00 2,603.50 5,555.50 175.00 9.45 9.45 12,197.45 $12,197.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 78 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO v. Charles, Romario (RPO) HOURS 01/04/2021 SHB Trial preparation. Follow up with PD re: trial matters. 1.00 01/05/2021 SHB Telephone conference with attorney Alisa Lebensohn re: case matters. Follow up with PD re: request for lesser time period of RPO. Transmit case pleadings and stipulation to Lebensohn. Prepare Order resetting trial. Contact JA re: defense request to continue trial. 2.00 01/08/2021 SHB Review body camera footage. Upload body camera footage for defense counsel review. Various correspondence with defense counsel. 1.50 01/11/2021 SHB Follow up with Lebesohn re: video evidence for trial. 0.10 01/14/2021 SHB Trial prep. Discuss witness and evidence with Lebensohn. 0.60 01/15/2021 SHB Trial preparation. Review videos and evidence. Telephone conference with Gorfido to prepare for trial. Telephone conference with Felitti to prepare for trial. Various correspondence with Lebensohn re: trial exhibits and witnesses. Follow up with JA re: new Judge and submission of evidence for the record. 3.50 01/19/2021 SHB Final trial preparation. Attend trial. Discuss final order with Lebensohn. Receive and review final order; transmit to PD. Receive and review clerk -stamped order and transmit to Lebensohn. 4.30 FOR CURRENT SERVICES RENDERED 13.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 13.00 $205.00 $2,665.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/03/2021 306-9905536 34745 G,VVJ.VV 2,665.00 $2,665.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 79 of 527 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Miles, Roland (RPO) 01/05/2021 01/06/2021 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO STATEMENT NO SHB Receive and review RPO filing packet. Prepare Petition, Affidavit, Order on TRPO, Notice of Confidential Information. Finalize and file Petition. SHB Prepare and file Notice of Filing Stipulation and Agreed Order. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905538 34746 HOURS 4.00 0.30 4.30 881.50 TOTAL $881.50 881.50 $881.50 Page 80 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock (City of Pahokee) 01/29/2021 SHB Prepare and file Answer to Complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.60 0.60 RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $205.00 $123.00 Page: 1 02/03/2021 306-9905539 34747 123.00 $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO Purchase of Boynton Woman's Club (1010 S. Federal Hwy, Boynton Beach, FL) from Boynton Beach CRA HOURS 01/12/2021 SMS Calls and review of items for PSA 0.30 01/13/2021 RLL Begin work on preparation of purchase and sale agreement. 1.00 SMS Draft/review revise PSA 0.60 01/27/2021 RLL Work with SMS to finalize terms of purchase and sale agreement. 0.40 SMS Calls, correspondences, and review/draft PSA revisions and additional comments 2.10 01/28/2021 SMS Calls and correspondences related fo final PSA and review of final ILA 0.60 FOR CURRENT SERVICES RENDERED 5.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 3.60 $205.00 $738.00 RACHEL L LEACH 1.40 125.00 175.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/03/2021 306-9905541 34748 5.60 5.60 918.60 $918.60 Page 82 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson PBA Captains Unit Formation 2021 L�� 01/15/2021 JAC Research for response to PERC petition for unit formation/captains unit; 1.20 01/21/2021 JAC Research and review regarding formation of captains bargaining unit 1.30 01/22/2021 JAC Review incoming order and miscellaneous research for response; Review PBA request for continuance/discuss with SB, JO & LL 0.80 01/26/2021 JAC Consolidate preliminary review and research preparation time; prepare for telephone conference with JO, update research, Assist in response to PBA regarding request for continuance 3.50 SHB Prepare and file Notice of appearance. Various correspondence with City and PBA re: PBA's request for continuance. 0.70 FOR CURRENT SERVICES RENDERED 7.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.80 $205.00 $1,394.00 SHANA H. BRIDGEMAN 0.70 205.00 143.50 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/03/2021 306-9905542 34749 I,JJ/ .JV 5.25 5.25 1,542.75 $1,542.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 83 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB ACCOUNT NO STATEMENT NO 01/06/2021 GB Telephone conference call with TAD regarding case status. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2021 306-9905029 34680 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 84 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #00 1 470000367AB ACCOUNT NO STATEMENT NO 01/05/2021 TAD Receipt and review of order closing case. 01/06/2021 IR Receipt and review of Notice and Order Closing Reopened Case, entered on January 4, 2021 to close out this litigation. FOR CURRENT SERVICES RENDERED TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $125.00 0.10 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2021 306-9905098 34681 HOURS 0.10 0.10 0.20 33.00 TOTAL $12.50 20.50 33.00 $33.00 Page 85 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 34682 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 01/05/2021 IR Receipt and review of email from legal vendors, regarding preparation of demonstrative evidence for use at trial, commencing in February 2021 [as the Palm Beach Courts will be reopening for live jury trials, in late January 2021]; preparation of email to vendor regarding trial boards, create trial boards for trial; continuation of list of trial exhibits, for use at trial. 01/06/2021 GB Email to opposing counsel regarding continuance of trial. Conference call with TAD regarding case status and upcoming deadlines. TAD Receipt and review of correspondence re: trial continuance. Review trial order and confer with GB re: trial preparation issues. Receipt of additional correspondence re: status of motion and claims and prepare correspondence re: same. IR Continuation of Timeline listings, which include cross-referenced documentation, notices to residents [ie. Plaintiffs] and other materials; include dates of'correction compliances' were allegedly met. 01/07/2021 TAD Receipt and review of correspondence re: pre-trial stipulation and trial issues. Review and revise City's portions of stipulation. Prepare correspondence re: same. Receipt of correspondence from court re: hearing materials. GB Emails with opposing counsel regarding pre trial stipulation. Drafted pre trial stipulation. Email to TAD regarding pre-trial stipulation. Telephone conference call with the JA regarding pre-trial conference. Emails with IVR regarding trial deadlines and marking exhibits. Communications with the Court regarding Motion to Compel. IR Trial preparation; receipt, review and responded to emails from litigation team, regarding trial exhibits and other deadlines; receipt and review of email from Judge Hafele's Judicial Assistant, Denise; receipt and review of emails between both parties' counsel, regarding the Pretrial Stipulation; online research regarding pre -marking of Civil jury trial exhibits; reviewed list of exhibits; preparation of email regarding mediation and included research of potential mediator, as suggested by Plaintiffs' counsel; prepared tickler to follow up with same next week. 01/08/2021 TAD Receipt and review of correspondence from plaintiff and proposed motion. Prepare correspondence re: same. GB Emails with IVR regarding mediation. Emails with TAD regarding Motion to HOURS 1.30 0.30 WE 1.40 Am 2.10 were 0.30 Page 86 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Caliendo, Giovanni & Emily (code violation) HOURS Continue and pre trial stipulation. Changes to pre trial stipulations pursuant to TAD's comments. Email to opposing counsel regarding pre trial stipulation. 0.60 Page: 2 02/02/2021 306-9905171 34682 01/11/2021 IR Receipt and review trial preparation conference meeting and attendance at HOURLY RATE TOTAL same; preparation of draft Trial Subpoenas for docket. 2.20 GB Edits to Joint Motion for Continuance and email to opposing counsel INGRID RIERA 15.90 regarding joint motion. 0.40 01/12/2021 IR Preparation of trial exhibits; receipt and review of emails between the 205.00 410.00 parties' counsel, regarding the Joint Motion for Continuance of Trial. 2.20 GB Edits to Joint Motion for Continuance. Emails with opposing counsel regarding edits to Motion. 0.30 01/13/2021 IR Continuation of trial preparation, in organization of multiple photographs, to be utilized at trial and potentially have demonstrative evidence created by particular photographs; receipt and review of email from TAD, regarding Patrick Hart, with the City of Boynton Beach's availability for upcoming trial; preparation of updates to Trial Witness Tracking Information, regarding same; preparation of updates to the Trial Order Outline, pertaining to Daubert filings deadline; receipt and review of litigation team emails. 4.60 01/14/2021 GB Emails with City regarding upcoming trial. 0.20 01/15/2021 GB Emails with City regarding pre trial conference. 0.30 01/19/2021 GB Emails with City regarding plaintiffs' city code enfocement file. 0.20 01/20/2021 GB Telephone conference call with MDC and JAC regarding case status. 0.20 01/22/2021 GB Reviewed case file sent by City and prepared for conference with witness. Telephone conference call with witness re: trial prep. 3.00 01/27/2021 GB Telephone conference call with MDC and JAC regarding case status, upcoming calendar call, and strategy. 0.20 01/28/2021 GB Telephone conference call with JA regarding calendar call. Telephone conference call with JAC regarding calendar call. Email to opposing counsel regarding calendar call and joint motion to continue trial. 0.70 01/29/2021 IR Reviewed Judge Hafele's online trial docket for the first half of 2021. 0.20 GB Emails with opposing counsel regarding Motion for Summary Judgment hearing. Drafted, filed and served Notice of Hearing for Motion for Summary Judgment. 0.50 FOR CURRENT SERVICES RENDERED 26.90 4,242.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 9.00 $205.00 $1,845.00 INGRID RIERA 15.90 125.00 1,987.50 TRACEY A. DECARLO 2.00 205.00 410.00 Page 87 of 527 CITY OF BOYNTON BEACH adv. Caliendo, Giovanni & Emily (code violation) Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 3 02/02/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 34682 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.35 0.35 4,242.85 $4,242.85 Page 88 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO HOURS 01/06/2021 GB Telephone conference call with TAD regarding case status. 0.10 01/08/2021 GB Email to IVR regarding drafting request for copies of Plaintiff's subpoena to AT&T. 0.10 01/11/2021 IR Receipt, reviewed and replied to email from GB, regarding Plaintiff's Notice of Production from Non -Party, AT&T Records Custodian in North Palm Beach, Florida; finalized the City of Boynton Beach's Request for Copies addressed to AT&T; preparation of email to litigation team, enclosing filing to Plaintiff; preparation of ticklers. to receive documents from Plaintiff; review and preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart, accordingly; receipt and review of Plaintiff's Request for Production to the City of Boynton Beach, requesting Boynton Beach Police Department dispatch communications from February 13, 2016 of Officer Cory Henry; preparation of tickler for City's response to the Plaintiff and/or objections thereto; 1.30 GB Emails with IVR regarding request for copies of Plaintiffs' subpoena duces tecum to AT&T. Edits to Request for Copies and filed and served Request. Email to City forward request for production and letter to Katz from Plaintiffs' counsel. 0.50 01/12/2021 GB Telephone conference call with City regarding Motion for Summary Judgment. 0.20 01/19/2021 GB Emails with the City regarding discovery. Drafted & filed Objection to Subpoena to AT&T. Email with Sohn's attorney regarding objection to Plaintiff's subpoena. 1.00 IR Receipt and review of the City of Boynton Beach's Objection to Plaintiff's Subpoena Duces Tecum to AT&T, for Mark Sohn cell phone records; receipt and review of Plaintiffs Subpoena Duces Tecum, to AT&T; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart; 0.40 01/20/2021 GB Emails with attorney Stephanie Kaufer regarding proposed agreed order on Defendants' objections to Plaintiffs' subpoena to AT &T. Reviewed proposed order and advised of changes thereto. 0.40 Page: 1 02/02/2021 306-9905190 34683 Page 89 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Readon, Jayden, Estate of (police chase) 01/26/2021 IR Receipt and review of Agreed Order on Defendants' Objection to Plaintiffs Notice of Production from Non -Party, relating to AT&T records of Boynton Beach Police Department, K9 Officer Sohn's cellular phone; prepared update to tickler, upon receipt of said records; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.30 $205.00 INGRID RIERA 1.90 125.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 4.20 TOTAL $471.50 237.50 Page: 2 02/02/2021 306-9905190 34683 709.00 709.00 $709.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 90 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 01/06/2021 GB Telephone conference call with TAD regarding motion in limine. ACCOUNT NO STATEMENT NO 01/26/2021 IR Receipt and review of Notice of Lack of Prosecution, Court's Motion to Dismiss and Order Setting Hearing, entered on January 26, 2021, by [new judge] Honorable Joseph Marx, in Division AJ, scheduling a Mandatory Status Conference / Scheduling Conference for April 19, 2021 at 9:OOam, via ZOOM hearing; retrieved online court docket, to review last filed pleadings; preparation of ticklers for deadlines, as stated by the Court, for sixty [60] days within which the parties are to file a showing of good cause, why litigation should move forward, due by April 14, 2021, five days preceding the Court's sue sponte ruling and hearing; FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 1.20 125.00 HOURS 0.10 1.20 1.30 TOTAL $20.50 150.00 Page: 1 02/02/2021 306-9905216 34684 170.50 170.50 $170.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 91 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Pinkney, Elliott (excessive force) Billing Category: 18 - RLO Claim #001470 -000424 -PP -01 01/13/2021 GB Reviewed file for 57.105 letter. Email to JAC regarding email from Florida Bar and observations. 01/14/2021 GB Emails with the Florida Bar regarding complaint made against attorney Roy. Telephone conference call with JAC regarding responding to Florida Bar's inquiry. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.70 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2021 306-9905266 34685 HOURS 0.30 0.40 0.70 143.50 TOTAL $143.50 143.50 $143.50 Page 92 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905344 Boynton Beach FL 33435 STATEMENT NO: 34686 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP HOURS 01/05/2021 TAD Receipt and review of correspondence re: settlement issues. Review proposal and notice. Review information re: settlement discussions and trial issues. 0.50 01/06/2021 GB Telephone conference call with TAD regarding settlement offers and upcoming deadline. 0.20 TAD Review trial order and confer with GB re:trial issues and settlement discussions. 0.50 01/08/2021 GB Telephone conference call with opposing counsel regarding settlement. Emails with opposing counsel regarding scheduling a phone conference. 0.40 01/11/2021 GB Telephone conference call with opposing counsel regarding motion for continuance of trial and settlement. Email with opposing counsel regarding attorneys fees and settlement. 0.40 01/12/2021 GB Drafted Motion for Continuance of Trial. Emails with opposing counsel regarding Motion for Continuance. Reviewed Judge's instructions regarding Motions for Continuance. Reviewed Judge's uniform motion calendar. Emails with opposing counsel regarding setting Motion for Continuance for hearing. Drafted and filed Notice of Hearing for Motion for Continuance. Telephone conference call and email to City regarding settlement discussions with Plaintiff. 1.10 01/13/2021 GB Email to Tristar regarding settlement discussions with Plaintiff. Email to City regard discussing matter during upcoming call with Tristar. 0.20 01/14/2021 GB Finalized, filed and served deposition designation. 0.30 01/19/2021 GB Telephone conference call with JAC regarding closed door session. Emails with City regarding closed session. 0.20 GB Emails with opposing counsel regarding settlement. 0.10 01/20/2021 GB Telephone conference call with MDC and JAC regarding case status. 0.20 01/21/2021 GB Attended hearing on City's Motion to Continue Trial. Email to City regarding Judge granting Motion to Continue. 0.70 Page 93 of 527 Page: 2 CITY OF BOYNTON BEACH 02/02/2021 ACCOUNT NO: 306-9905344 STATEMENT NO: 34686 Brescia, Brandon (EEOC Complaint) IR Receipt and review of email from GB, regarding this morning's hearing before Judge Hafele and the court moving the civil jury trial docket to the new trial period commencing June 1, 2021 through July 19, 2021; 1.10 01/25/2021 IR Receipt and review of the City of Boynton Beach's Notice of Filing Deposition Designations of Non -Party, Gregory Hoggatt, filed with the Court on 1.14.21; Receipt and review of Notice of Use of Deposition Designations of Non -Party Witnesses, Gregory Hoggatt and Latosha Clemons, filed with the Court on January 15, 2021; Receipt and review of the Court's January 25, 2021 Re -Set Trial Order, rescheduling the civil jury trial docket to June 1, 2021 through July 9, 2021; initial preparation of the City of Boynton Beach's Trial Order Outline [for internal use only], listing all new trial deadlines and lead up to dates; 2.20 01/26/2021 GB Emails with opposing counsel regarding new trial deadlines. Emails with IVR regarding trial deadlines. 0.20 IR Receipt and review of emails between counsel for the Plaintiff, Brandon Brescia and GB, for the City of Boynton Beach, pertaining to Judge Glenn D. Kelley's Order Re -Setting Civil Jury Trial, from the February 16 through March 26, 2021, rescheduled to June 1 through July 9, 2021; continuation of preparation of the City of Boynton Beach's Trial Deadline Outline, for attorneys' use only, with new agreed upon cut-off dates; 2.10 01/27/2021 IR Finalized preparation of internal trial outline, following Judge Kelley's Order on Motion to Continue Trial, entered on January 25, 2021 and Plaintiff's counsels' proposed list of new trial deadlines; receipt and review of Plaintiff's Notice of Unavailability, for June 2021 dates [during the trial period, between June 1 and July 9, 2021]; 01/29/2021 IR Preparation of email to Michael Kridel, Forensic Accountant Expert Witness for the City of Boynton Beach; receipt and review of responsive email from M. Kridel, regarding trial period of June 1, 2021 through July 9, 2021, from the prior, earlier docket; prepared ticklers to touch base with fact and expert witnesses, 30 days in advance of the first date of trial, on May 3, 2021; GB Email with TC regarding upcoming closed door meeting. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 4.10 $205.00 INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE 7.30 125.00 1.00 205.00 1.30 0.60 0.10 12.40 TOTAL $840.50 912.50 205.00 1,958.00 1,958.00 $1,958.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 94 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 12/16/2020 IR Receipt and review of Plaintiffs Re -Notice of Taking Deposition of Keith Thomson, via ZOOM, for January 25, 2021 at 10:00am, filed this date; 0.20 01/06/2021 GB Telephone conference call with TAD Regarding upcoming depositions and case status. 0.10 01/07/2021 GB Emails with the City regarding upcoming depositions. 0.20 01/08/2021 GB Email to City regarding personnel file for non party deponents. 0.10 01/12/2021 GB Telephone conference call with City regarding upcoming depositions. 0.20 01/15/2021 GB Telephone conference call with City regarding upcoming deposition. Telephone conference call with Keith Thompson regarding deposition. Reviewed Keith Thompson's personnel file. 2.00 01/20/2021 GB Telephone conference call with MDC and JAC regarding case status and upcoming depositions. 0.20 01/25/2021 GB Prepared for deposition of Keith Thompson by reviewing Plaintiffs deposition, Keith's personnel files, HR investigations. Telephone conference call with City regarding deposition. Attended deposition of Keith Thompson. 3.20 01/27/2021 GB Telephone conference call and left voicemail to Lawrence Allen. Email to City regarding depositions. 0.20 01/29/2021 GB Voicemail to Lawrence Allen regarding deposition. 0.10 FOR CURRENT SERVICES RENDERED 6.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.30 $205.00 $1,291.50 INGRID RIERA 0.20 125.00 25.00 Page: 1 02/02/2021 306-9905369 34687 Page 95 of 527 CITY OF BOYNTON BEACH adv. Moyse, Roseline (RLO) TOTAL CURRENT WORK BALANCE DUE Page: 2 02/02/2021 ACCOUNT NO: 306-9905369 STATEMENT NO: 34687 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,316.50 $1,316.50 Page 96 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 34688 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 01/04/2021 IR Review of emails from last week; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena duces tecum tracking chart, to update law enforcement deposition dates in early 2021, in advance of the Court's 9.16.20 Trial Order, to complete fact discovery by May 10, 2021; receipt and review of email from GB regarding discovery project, pertaining to subpoenas duces tecum that were sent and copies requested. 3.20 01/05/2021 TAD Receipt and review of correspondence re: conference with Sohn counsel. Prepare correspondence re: same. 0.20 01/06/2021 GB Email to City attaching Notice of Depositions. Telephone conference call with TAD regarding case status. 0.30 IR Reviewed Honorable Judge Rodney Smith's Order Setting Trial Date, Pretrial Deadlines, and Referral to Magistrate Judge, entered on September 16, 2020 [DE 17], as well as Judge Smith's Order of Referral to Mediation, entered September 16, 2020 [DE 17], for trial deadlines; preparation of revisions to the City of Boynton Beach's Outline, which include specific Mediation orders by the Court; confirmed all ticklers leading up to deadlines; 3.40 01/07/2021 TAD Receipt and review of correspondence re: excess insurance. Prepare correspondence re: same. 0.30 GB Emails with opposing counsel regarding deposition of city officers. Emails with officers regarding their respective depositions and pre deposition conference calls. Telephone conference call with City regarding deposition. 1.20 IR Receipt and review of emails from co -counsel for Officer Mark Sohn, regarding revised, upcoming deposition dates and times; prepared updates to Trial Witness and Subpoena duces tecum Tracking chart; prepared updates of same, with leading up to dates on calendars; 0.70 01/08/2021 GB Emails with opposing counsel regarding upcoming depositions. Emails with City regarding depositions. Emails to IVR regarding request for copies of subpoenas. Prepared for Plaintiffs deposition. 2.30 01/11/2021 GB Attended deposition of Patrick McFadden. Emails with opposing counsel regarding upcoming phone conference. Emails with IVR regarding Request for Copies for Subpoenas issued by Sohn's attorney. Edits to Request for Copies and served Request on opposing counsel. 3.90 Page 97 of 527 Page: 2 CITY OF BOYNTON BEACH 02/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 34688 adv. McFadden, Patrick (K9 Injuries) HOURS IR Preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, to include new set of subpoenas sought by co-defendant, Officer Mark Sohn; preparation of ticklers to follow-up to receive responsive records, by January 21, 2021; updated re -scheduled depositions of fact witnesses, on Tracking Chart; 1.90 01/12/2021 GB Telephone conference call with opposing counsel regarding case strategy. Telephone conference call with IVR regarding expert and fact witnesses. Telephone conference call with City regarding reservation of rights letter from Summit. 2.20 IR Conference with G. Betesh regarding City of Boynton Beach Expert Witnesses, due to be disclosed to the Court on March 8, 2021; researched re: K-9 Law Enforcement Expert Witnesses, preparation of updates to the City's Trial Witness and Subpoena Duces Tecum Tracking Chart with findings of several experts; phone conference with retired City of Miami K-9 expert, as potential expert in this litigation; 3.40 01/13/2021 GB Emails to the City attached Notice of Deposition and asking for a pre deposition conference. Telephone conference call with City regarding deposition. 1.00 01/14/2021 GB Email to Sohn's attorney regarding presuit settlement. 0.20 01/15/2021 GB Emails with the City regarding pre deposition conferences. 0.30 01/19/2021 GB Emails with city regarding pre deposition conference. 0.10 IR Calls, online research to vet experts; preparation of updates to City's Trial Witness and Subpoena Duces Tecum tracking chart. 5.00 01/20/2021 IR Continue review of experts; update to trial documents listing information received from multiple, potential expert witnesses, for use at trial and in advance of trial preparation meeting with GB on January 21, 2021. 6.90 GB Telephone conference call with MDC and JAC regarding case status. 0.20 01/21/2021 IR Review of ticklers prepared for follow up with potential expert witnesses, for use at trial; telephone conference with Koreen Casey, with 4.80 GB Telephone conference call with IVR regarding experts. Legal research regarding Federal Rule of Civil Procedure 35. Telephone conference call with attorney Kaufer regarding CME and experts. 1.40 01/22/2021 IR Preparation of email to Dr. Garrod with pleadings and probable cause documents, for his initial review as a prospective hand orthopedic medical expert witness; retrieval of various additional materials, to use for the City of Boynton Beach's proposed expert witnesses [training video on Utube, and other source materials]; preparation of email to Roberts, Reynolds attorneys for Officer Mark Sohn, in an effort to jointly hire K9 Tactical / Use of Force expert witness, Brad Smith; preparation of updates to the Trial Witness and Subpoena Duces Tecum tracking chart, following emails and discussions with medical and law enforcement witnesses; prepared ticklers to follow up with Roberts, Reynolds attorneys early next week, to approve the City's proposed expert witnesses and have fee requests forwarded to the City, regarding same; exchanged emails with GB, with updates of expect and fact discovery, in preparation for upcoming court deadlines; 5.40 01/25/2021 IR Receipt and review of email from GB, with attached email of list of Page 98 of 527 Page: 3 CITY OF BOYNTON BEACH 02/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 34688 adv. McFadden, Patrick (K9 Injuries) individuals at Roberts, Reynolds attorneys and other staff, as counsel for co-defendant, Boynton Beach Officer Mark Sohn; preparation of responsive email to GB, pertaining to Brad Smith, as co -defense counsels' K9 Tactical / Use of Force expert witness; receipt and initial review of Patrick McFadden's deposition of January 11, 2021 transcript; continuation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, listing new information gleaned from Plaintiffs early January deposition; 01/26/2021 GB Prepared for pre deposition phone conferences with city witnesses. Telephone conference calls with City regarding upcoming deposition. Emails with IVR regarding experts. IR Receipt and review of email from GB, regarding status of the City's expert witnesses; continuation of review of Plaintiffs deposition, from January 11, 2021; preparation of email to Dr. Garrod's office, regarding his availability to discuss the case, as a potential hand orthopedic expert witness; receipt and review of email from Dr. Garrod's office administrator, regarding Dr. Garrod been in surgery this week; 01/27/2021 IR Receipt and review of email from Kyle Heyen, K9 Tactical / Use of Force [potential] expert witness; prepared email to GB, attaching Mr. Heyen's email to IVR; receipt and review of email from Dr. Garrod's office administrator, Koreen, pertaining to Dr. Garrod's availability and willingness to perform a CME on the Plaintiff, as a hand orthopedic physician; �� 3.40 1.60 1.30 2.90 01/28/2021 IR Receipt and review of email from Stephanie Kaufer, Esq. at Roberts, Reynolds, pertaining to expert witnesses updates; preparation of numerous emails to GB, providing updates of K9 experts and hand orthopedic medical expert witnesses; preparation of email to other K9 potential experts; preparation of emails to Brad Smith, to schedule conference call and discuss litigation, K9 elements of same; several telephone conferences with Neil Ghany, M.D. potential hand orthopedic medical expert witness, to discuss case and Dr. Ghany to perform Compulsory Medical Examination [CME] on Plaintiff; telephone conference with GB, to update physician situation and availability to perform CMEs; continued updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, of numerous updates that pertain to the City and Officer Sohn's expert witnesses; 5.20 GB Emails with IVR regarding experts. 0.30 01/29/2021 IR Preparation of correspondence to Stephanie Kaufer and other Roberts, Reynolds' attorneys' regarding status of expert witnesses; draft correspondence to Neil Ghany, M.D. board-certified hand orthopedic surgeon, regarding potential expert witness in this litigation, which includes performance of Compulsory Medical Examination of Plaintiff, with attached pleadings and probable cause document; prepared ticklers to receive responsive email from Dr. Ghany's staff; reviewed tickler pertaining to Dr. Garrod, potential hand orthopedic surgeon regarding same; conferences with GB regarding preparation for trial and status of witnesses, including expert witnesses; receipt and review of email from GB to J. Oldbury, regarding approval by City to hire Brad Smith, K9 Tactical / Use of Force expert witness and reviewed J. Oldbury's email response to same; receipt, review and responded to GB emails regarding conference call with Brad Smith, for next week, and his approval to act as the City's K9 expert; preparation of communication to Brad Smith, regarding conference call Page 99 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. McFadden, Patrick (K9 Injuries) Wednesday, City hired as K9 expert and documents and other items will be sent to him, to start his review of litigation; received response from Brad Smith, regarding same; GB Emails with IVR regarding experts. Emails with opposing counsel confirming upcoming depositions. Telephone conference call with City regarding upcoming depositions. Drafted letter to City regarding k9 expert. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 16.50 $205.00 INGRID RIERA 51.70 125.00 TRACEY A. DECARLO 0.50 205.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 4.20 Page: 4 02/02/2021 306-9905421 34688 1.50 68.70 9,947.50 TOTAL $3,382.50 6,462.50 102.50 7.00 7.00 9,954.50 $9,954.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 100 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 02/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 34689 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 01/04/2021 IR Receipt and review of United States District Court, Clerk of the Court email of Transcript Information Form [DE 113] of Notice of Appeal, Hearing Transcript Ordered by Manshi Shah, with Email Directed to Court Reporter; preparation of ticklers for 15 and 30 days to follow up case status and appeal; 0.40 01/05/2021 TAD Receipt and review of notice of mediation. Confer with MDC re: appeal. Prepare correspondence re: mediation. 0.40 MDC Review 11th Circuit Mediation notice; telephone call with TD on status of case. 0.70 01/06/2021 GB Telephone conference call with TAD regarding case update. 0.20 TAD Receipt and review of information from appellate court re: filings. Review information re: costs and confer with GB re: motion for costs. 0.40 01/12/2021 IR Receipt and review of Court Reporter Acknowledgement Re: [113] Notice of Appeal; 0.20 GB Emails with JAC and MDC regarding mediation. Telephone conference call and email to City regarding upcoming mediation. 0.40 MDC Review rules of procedure relating to Certificate of Interested Parties (due 1-12-21); complete online certificate and finalize the traditional report for filing; review information on mediation. 1.10 CLD Drafted and e -filed Certificate of Interested Persons, Notice of Attorney Withdrawal; phone call with clerk to confirm TAD's status/withdrawal. 0.40 01/14/2021 GB Legal research regarding motion to tax costs, procedures ,deadlines, which costs are taxable and whether appeal tolls time. Telephone conference call with City regarding costs. Telephone confrence call with City regarding motion and settlement. Telephone conference call with JAC regarding motion. Email to opposing counsel regarding costs. 2.10 01/15/2021 JAC Review for and participate in conference call regarding appeal 1.00 MDC Continued review of materials for appeal. 0.40 01/19/2021 GB Drafted filed and served Motion to Tax Costs. 2.20 01/20/2021 IR Receipt and review of the City of Boynton Beach's Motion to Tax Costs [DE Page 101 of 527 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit 117], with exhibits thereto, with Clerk's notification that responses are due 2.2.21, filed 1.19.21; receipt and review of the City of Boynton Beach's Corrected Motion to Tax Costs, with exhibits thereto [DE 118], filed on 1.19.21; preparation of ticklers to follow up on any responses to be filed by the Plaintiff's on or before February 2, 2021; 01/27/2021 MDC Review materials to begin work on Mediation Statement. 01/28/2021 GB Telephone conference call with MDC regarding mediation statement. Emails regarding research. MDC Review materials, requirements for mediation, begin to organize mediation materials, confer with JAC, t/c with GB on mediation statement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.00 $205.00 MICHAEL D. CIRULLO 3.90 205.00 GAL BETESH 5.30 205.00 CYNTHIA L. DUNN 0.40 125.00 INGRID RIERA 0.90 125.00 TRACEY A. DECARLO 0.80 205.00 Photocopies TOTAL EXPENSES THRU 01/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 02/02/2021 306-9905423 34689 HOURS 0.30 0.40 0.40 1.30 12.30 2,417.50 799.50 1,086.50 50.00 112.50 164.00 84.70 84.70 2,502.20 $2,502.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 102 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 01/05/2021 TAD Receipt and review of deposition of plaintiff. Receipt of correspondence re: exhibits. Prepare correspondence re: same. 01/06/2021 GB Telephone conference call with TAD regarding case status. FOR CURRENT SERVICES RENDERED TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 0.80 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2021 306-9905462 34690 HOURS 0.80 0.10 0.90 184.50 TOTAL $20.50 164.00 184.50 $184.50 Page 103 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18 - RLO Claim #20825463 01/04/2021 IR Receipt and review of email from United States District Court, of Judge Donald Middlebrooks' Order of Dismissal / Closing Case, entered on 12.28.20 [DE 40]; 0.20 01/06/2021 TAD Receipt and review of reservation of rights letter from summitt. Prepare correspondence re: same. 0.20 01/28/2021 HN Review of 28 U.S.C. section 2107. Review of docket for any notice of appeal. Email to John Kuntzman cc JAC that the Plaintiffs did not appeal the court's ruling. 0.30 FOR CURRENT SERVICES RENDERED 0.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.30 $205.00 $61.50 INGRID RIERA 0.20 125.00 25.00 TRACEY A. DECARLO 0.20 205.00 41.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2021 306-9905511 34691 127.50 $127.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 104 of 527 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Jordan, Debra L. (Trip and Fall) Billing Category: 18 - RLO Claim #20836979 01/05/2021 TAD Receipt and review of correspondence from City re: claim information. Receipt of correspondence from adjuster re: same. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2021 306-9905535 34692 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 105 of 527 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Geraci v. Zeller Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 01/31/21 PROFESSIONAL SERVICES Date Services 01/28/21 Extensive telephone conference with Capt. Zeller re: upcoming deposition of Plaintiff Mr. Geraci. 01/29/21 Preparation of case materials, including pleadings, discovery responses, incident reports, photos, videos, statements, prior criminal records, timelines, and other documents for use at and potential exhibits at deposition of Plaintiff, Sanford Geraci. 01/30/21 Preparation for upcoming deposition of Plaintiff Sanford Geraci. PROFESSIONAL SERVICES SUMMARY Code Name LHR Lyman H. Reynolds, Jr., Partner RKD Rebecca K. Davis, Paralegal Total Professional Services CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: February 17, 2021 Bill No. 55975 032 19132 Attorney Hours LHR 0.40 RKD 1.80 I= Hours Rate 4.30 185.00 1.80 110.00 6.10 3.90 Amount 795.50 198.00 $993.50 993.50 150.00 -0.00 $ 1,143.50 Page 106 of 527 Page 107 of 527 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 55975 Bill Date: February 17, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 993.50 WIN $ 993.50 150.00 -0.00 $ 1,143.50 150.00 $1,143.50 Page 108 of 527 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC Tristar Risk Management February 10, 2021 Attn: Karen Klein Bill No. 56257 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 01/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 01/04/21 Communicate/With Client correspondence to Karen Klein re: SWK 0.80 summary of deposition of Officer Corey Herny. 01/06/21 Draft/Revise correspondence to Ms. Klein regarding recently AGB 0.60 adopted summary judgment standard and strategy regarding timing of filing motion for summary judgment 01/08/21 Receipt and review of Plaintiff's Notice of Production from SWK 0.20 Non -Party directed to AT&T National Compliance Center. 01/11/21 Review/Analyze City of Boynton Beach's request for copies SWK 0.10 directed to Plaintiff. 01/15/21 Preparation of our Notice of Objection to Plaintiff's Notice of SWK 0.20 Production from Non -Party dated 01/08/2021. 01/19/21 Correspondence to correspondence from Attorney Sharmin re: SWK 0.10 our Objection to Plaintiff's Notice of Production from Non -Party dated 01/08/2021. 01/19/21 Review/Analyze City of Boynton Beach Notice of Objection to SWK 0.10 subpoena to AT&T National Compliance Center 01/20/21 Correspondence to correspondences to and from Gal Betesh SWK 0.40 re: our Objection to Plaintiff's Notice of Production from Non -Party dated 01/08/2021. 01/20/21 Correspondence to multiple correspondences to and from Gal SWK 0.40 Betesh re: proposed order on our Objection to Plaintiffs Notice of Production from Non -Party dated 01/08/2021. 01/20/21 Correspondence to correspondence to Attorney Sharmin re: SWK 0.20 proposed order on our Objection to Plaintiff's Notice of Production from Non -Party dated 01/08/2021. Page 109 of 527 Client: Gallagher Bassett Services, Inc. February 10, 2021 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 01/20/21 Telephone conference with Officer Sohn re: discussing SWK 0.30 plaintiff's request for his cell phone records and proposal to enter into confidentiality order. 01/20/21 Telephone conference with Officer Sohn re confirming his SWK 0.10 consent to agree to subpoena for his cell phone records subject to confidentiality order. 01/26/21 Correspondence to correspondence from Attorney Sharmin re: SWK 0.20 proposed order on our Objection to Plaintiff's Notice of Production from Non -Party dated 01/08/2021. 01/26/21 Preparation of agreed order on our Objection to Plaintiff's SWK 0.20 Notice of Production from Non -Party dated 01/08/2021. 01/26/21 Review Executed Order granting in part our Objection to SWK 0.20 Plaintiffs Notice of Production from Non -Party dated 01/08/2021. 01/27/21 Preparation of our request for records in response to Plaintiff's SWK 0.20 Non -Party Subpoena to obtain records from AT&T. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 0.60 160.00 96.00 SWK Stephanie W. Kaufer, Partner 3.70 185.00 684.50 Total Professional Services 4.30 $780.50 CURRENT BILL TOTAL AMOUNT DUE $ 780.50 Balance Forward: 465.50 Payments & Adjustments: -0.00 Total Due: $ 1,246.00 Page 110 of 527 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 56257 Bill Date: February 10, 2021 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 780.50 0.00 $ 780.50 465.50 -0.00 $ 1,246.00 465.50 $1,246.00 Page 111 of 527 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach February 10, 2021 Attn: Karen Klein Bill No. 56255 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 01/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 01/04/21 Correspondence to Gal Betesh re: Court's order denying SWK 0.20 Sohn's Motion to Dismiss Plaintiff's Complaint. 01/04/21 Review/Analyze Plaintiff's Notice of Taking Deposition of SWK 0.10 Sergeant Jon Kautz. 01/04/21 Review/Analyze Plaintiff's Notice of Taking Deposition of SWK 0.10 Captain Michael Kelley. 01/04/21 Review/Analyze Plaintiff's Notice of Taking Deposition of SWK 0.10 Sergeant Daniel Dugger. 01/04/21 Review/Analyze Plaintiff's medical records from Pompano SWK 0.30 Beach Fire Rescue in response to our subpoena. 01/05/21 Correspondence to Gal Betesh and Tracey DeCarlo re: SWK 0.20 Plaintiffs depositions of officers and sergeants of Boynton Beach Police Department. 01/05/21 Correspondence to correspondence from Gal Betesh and SWK 0.20 Tracey DeCarlo re: Plaintiff's depositions of officers and sergeants of Boynton Beach Police Department. 01/05/21 Review and analysis of 3 body cam videos produced by the City JK 1.90 of Boynton Beach in response to Plaintiffs Request for Production to determine timestamps of important details and any new information for possible future discovery. 01/07/21 Draft/Revise initial evaluation pursuant to client guidelines. AGB 1.90 01/07/21 Communicate/Other External telephone call from Palm Beach JK 0.10 County Jail re scope of subpoena and documents needed concerning Plaintiff. 01/07/21 Review/Analyze pleadings, discovery responses, and medical AGB 2.30 records (approximately 275 pages) in order to prepare initial evaluation pursuant to client guidelines Page 112 of 527 Client: City of Boynton Beach February 10, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 01/07/21 Review and analysis of body cam videos 1-7 produced in JK 2.40 Plaintiff's Initial Disclosures for timestamps of important details and any new information for possible future discovery. 01/08/21 Review/Analyze Plaintiff's Amended Notice of Taking SWK 0.10 Deposition of Sergeant Daniel Dugger. 01/08/21 Review/Analyze Defendant's request for copies from SWK 0.20 Co -Defendant, Mark Sohn, from City of Pompano Beach EMS, Broward Health North, Palm Beach County Jail, and Phoenix ED Med of Broward, LLC. 01/08/21 Review and analysis of body cam videos 7-12 produced in JK 1.50 Plaintiff's Initial Disclosures for timestamps of important details and any new information for possible future discovery. 01/09/21 Review/Analyze of file materials consisting of discovery JK 0.80 responses, records received in response to non-party subpoenas and public records requests, for use as exhibits at deposition of Plaintiff, Patrick McFadden. 01/09/21 Review and analysis of body cam videos 13-16 produced in JK 2.50 Plaintiff's Initial Disclosures for timestamps of important details and any new information for possible future discovery. 01/09/21 Review and analysis of 13 body cam videos provided by Officer JK 3.50 Sohn for timestamps of important details and any new information for possible future discovery. 01/10/21 Preparation of the deposition of Patrick McFadden, including BLB 2.30 reviewing all the arrest records, video surveillance and materials for outline for his deposition. 01/11/21 Draft/Revise Correspondence to Broward Health re our SWK 0.20 subpoena for records. 01/11/21 Attendance at deposition of Patrick McFadden. BLB 6.50 01/11/21 Review and analysis of body cam videos 17-19 produced in JK 3.10 Plaintiff's Initial Disclosures for timestamps of important details and any new information for possible future discovery. 01/12/21 Review/Analyze Plaintiff's voluminous medical records from SWK 3.90 Palm Beach County Jail in response to our subpoena. 393 pages. 01/12/21 Extensive telephone conference with Gal Batesh, counsel for SWK 0.90 co-defendant re discussing experts needed to retain, additional discovery needed, defense strategy, and upcoming officer depositions. 01/12/21 Review and analysis of body cam videos 20-23 produced in JK 2.30 Plaintiff's Initial Disclosures for timestamps of important details and any new information for possible future discovery. 01/13/21 Receipt and review of Plaintiff's Notice of Taking Video SWK 0.10 Deposition of Sgt Henry Crowell. 01/14/21 Draft/Revise correspondence to Gal Betesh re: Plaintiff's initial AGB 0.20 pre -suit demand. Page 113 of 527 Client: City of Boynton Beach February 10, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 01/14/21 Review/Analyze correspondence from Gal Betesh re: Plaintiff's AGB 0.20 initial pre -suit demand. 01/14/21 Correspondence to correspondence from Attorney Finney re: SWK 0.10 upcoming depositions of Sergeant Dugger and Captain Kelley. 01/14/21 Draft/Revise additional revisions to initial evaluation to include AGB 2.10 recent records received from PalmBbeach County jail documenting his medical treatment 01/14/21 Review and analysis of videos produced by Broward County JK 1.10 Sheriffs Office in response to our public records request and determined additional discovery needed. 01/15/21 Receipt and review of Plaintiff's materials from Broward County SWK 1.30 Sheriff Office in response to our public records request. 01/18/21 Preparation of Correspondence to Karen Klein re: deposition BLB 1.10 summary of Patrick McFadden. 01/18/21 Communicate/Other External correspondence with Broward JK 0.20 County Sheriff Office re 911 recordings and copies of any and all incident reports. 01/19/21 Receipt and review of records from Broward County Sheriff's SWK 0.30 Office in response to our public records request. 01/19/21 Receipt and review of fourteen (14) body cam videos produced SWK 1.10 by Broward County Sheriff's Office in response to our public records request (video footage totalling approximately 80 minutes in length) 01/20/21 Draft/Revise updated potential witness list based on records JK 0.30 received from Broward County Sheriff's Office in their CAD report and determined additional discovery needed. 01/27/21 Receipt and review of video of deposition of Plaintiff, Patrick SWK 2.30 McFadden. 01/28/21 Correspondence to correspondences to and from Gal Betesh re SWK 0.40 officer Brad Smith as K-9 Tactical/Use of Force expert witness. 01/28/21 Review Brad Smith, our shared K-9 Tactical/Use of Force SWK 0.60 expert, curriculum vitae, expert witness history, fee schedule, retainment agreement, and W9. 01/28/21 Receipt and review of deposition transcript of Plaintiff, Patrick SWK 1.70 McFadden, 172 pages, taken on 1/11/21. 01/29/21 Receipt and review of additional records from Broward County SWK 0.40 Sheriffs Office in response to our public records request. 01/29/21 Correspondence to correspondence from Gal Betesh re: SWK 0.20 shared experts. Page 114 of 527 Client: City of Boynton Beach February 10, 2021 Matter: 20469 - McFadden v. CBB/Sohn Page 4 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 6.70 160.00 1,072.00 BLB Benjamin L. Bedard, Partner 9.90 185.00 1,831.50 JK Jaime Kehoe, Paralegal 19.70 110.00 2,167.00 SWK Stephanie W. Kaufer, Partner 15.00 185.00 2,775.00 Total Professional Services 51.30 $7,845.50 DISBURSEMENTS Date Description Amount 01/08/21 Outside Printing medical records, tax id#: 596012065, 2.00 Patrick McFadden - Broward Health 01/29/21 Subpoena Fees #LAS -2020017020 -City of Pompano 28.00 Beach EMS records custodian - Legal Advocate Services, Inc. Total Disbursements $30.00 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: $ 7,875.50 3,296.00 -1,334.50 $ 9,837.00 Page 115 of 527 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 56255 Bill Date: February 10, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 30.00 $ 7,875.50 3,296.00 -1,334.50 $ 9,837.00 1,961.50 $9,837.00 Page 116 of 527 Consent Agenda 3/2/2021 Requested Action by Commission: Proposed Resolution No. R21-027 - Authorize the City Manager to sign the quote for the purchase of a FARO Scanner system in accordance with the terms & conditions set forth in Quotation No. 20376878 from FARO Technologies for $84,999.64. The pricing and terms & conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-07F-197GA). Explanation of Request: The Police Department seeks to purchase a FARO 3D laser scanning device which is able to rapidly and accurately capture millions of data points at a crime scene and create a 3D point cloud that allows virtual viewing and thorough examination of the environment under investigation. This will give the department extremely precise, computer generated graphical models for a wide range of investigative areas, including crime scenes, traffic crashes with serious injuries, and fire scenes. How will this affect city programs or services? The FARO 3D Scanner will greatly expand and enhance information available to investigators from a crime scene. This scanner will eventually replace an older model currently in use in the police department. The device provides an innovative approach to processing and documenting crime scenes. Rather than being selective as to what aspects of a complex environment to record, laser scanners are able to comprehensively and accurately document the entire scene in great detail. Following a typical 5 minute, 360° scan of a room, investigators are able to capture millions of data points and secure measured details down to a millimeter. The created permanent record also allows further in-depth analysis of the crime scene at any time in the future. In addition to crime scene documentation, the photorealistic 3D model generated by laser scanning provides excellent courtroom presentations and full-color virtual walk-throughs that are invaluable to juries' in their deliberations. Fiscal Impact: Budgeted Budgeted CIP Project Account # 303-4119-521-64-15 in the amount of $85,000 Alternatives: Not to authorize the purchase of the Faro Scanner Strategic Plan: Building Wealth in the Community Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? No Page 117 of 527 Grant Amount: Contracts Vendor Name: FARO Technologies Start Date: End Date: Contract Value: $84,999.64 Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type D IRE)S()�I LA ti 0 111 D QLAOtE)S D AttacftrTIENI'It D AttacftrTIENI'It Description IRE)SOkAtioin approviing thE) PL.JrchaSE) Of thE)IF::W[RO S ca I['ff'IE)ir' IF::W[RO Tb�chinologiE)S QLJIOtE' ir'ErASE�,d Iby City Attoir'111E)Y'S OffiCE) (':.,)SA FlriCE) I JiSt (':.,)SA Cointract IIlrnforlrna bola Page 118 of 527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PURCHASE AND AUTHORIZE THE CITY MANAGER TO SIGN THE QUOTE FOR THE PURCHASE OF A FARO SCANNER SYSTEM IN ACCORDANCE WITH THE TERMS & CONDITIONS SET FORTH IN THE QUOTATION FROM FARO TECHNOLOGIES, QUOTATION NO:20376878; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Police Department seeks to purchase a FARO 3D laser scanning device which is able to rapidly and accurately capture millions of data points at a crime scene and create a 3D point cloud that allows the virtual viewing and thorough examination of the environment under investigation; and WHEREAS, the FARO 3D Scanner will greatly expand and enhance information available to investigators and provide an innovative approach to processing and documenting crime scenes; and WHEREAS, The pricing and terms & conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-0717- 197GA); and WHEREAS, upon recommendation of staff, it is the City's desire to approve the purchase and authorize the City Manager to sign the quote for the purchase of a FARO Scanner system in accordance with the terms & conditions set forth in the quotation from FARO Technologies, Quotation No:20376878 with the pricing and terms & conditions of this quote are per GSA MAS (General Services Administration's Multiple Award Schedule (Program Contract) GS-07F-197GA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Approving Purchase Of A FARO Scanner - Reso.Docx Page 119 of 527 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 31 as being true and correct and are hereby made a specific part of this Resolution upon 32 adoption. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 34 approves the purchase and authorizes the City Manager to sign the quote for the purchase 35 of a FARO Scanner system in accordance with the terms & conditions set forth in the 36 quotation from FARO Technologies, Quotation No:20376878 with the pricing and terms & 37 conditions of this quote are per GSA MAS (General Services Administration's Multiple 38 Award Schedule (Program Contract) GS-07F-197GA). 39 Section 3. That this Resolution shall become effective immediately. 40 PASSED AND ADOPTED this day of February, 2021. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Approving Purchase Of A FARO Scanner - Reso.Docx VOTE YES NO Page 120 of 527 M sc VISIONARY Remit to: FARO Technologies Inc FARO Technologies, Inc. Quotation No: 20376878 250 Technology Park P.O. Box 116908 Quotation Date: 12/01/2020 Lake Mary FL 32746-7115 Atlanta, GA 30368-6908 Expiration Date: 12/31/2020 Phone No: 407-333-9911 Regional Manager: Paul Gregory Fax No: 407-333-4181 Account Manager: Joi Haner Sales Support: Yasmin Rivera Email: joi.haner@faro.com Ship: Standard/Ground Bill To: Ship To: Payment Terms: Net due in 30 days City of Boynton Beach Boynton Beach Police Delivery Terms: EXW Origin Financial Department Department - Lead Time: 2-6 Weeks PO Box 310 Traffic 33425-0310 Boynton Beach, Vinny Mastro FL 2045 High Ridge Rd USA 33426-8713 Boynton Beach, FL USA Contact Person: Vinny Mastro Pricing and Terms & Conditions of this quote are per GSA MAS Contract GS-07F-197GA. By accepting this quote, you acknowledge that you are eligible for and may purchase via the GSA Schedule/Contract above. For questions regarding GSA eligibility please refer to https://www.gsa.gov/buying-selling/purchasing-programs/overview/ eligibility-to-use-gsa-sources. LS -8-S-350 3D_HW LS_FocusS 350 1 46,561.61 Laser Scanner Focus S 350 ships with: 1x Focus S 350, 1x Quick Release, HDR photography, GPS, compass, altimeter (barometer), dual -axis compensator, Accessory Bay, 1x Power Block Battery, 1x Battery Power Dock, 1x Power Supply, 1x 32GB SD card and reader, 1x rugged transport case, calibration certificate, manufacturer warranty and a quick start guide. ACCSS8001 3D —AC _LS_FocusS Battery Power 2 902.72 Block Power Block battery for Focus laser scanner V8. r'l--- 4x'14 _X c11-7 M 3D VISIONARY ACCSS8032 3D AC_LS_Standard Carbon Fiber Tripod Carbon fiber tripod, super lightweight, highly stable, low -vibration, customized for Focus scanners for perfect performance and increased durability. SOFTD51002 FARO Zone 3D Advanced Digital Download ***Loyalty Pricing*** Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download SOFTL0004 Network Hard Lock ** Open Market Item ** Hard lock (USB Dongle) to use up to x50 no. licenses within a network. Software licenses purchased separately. Can be used together with FARO SCENE, CAM2, Far ozone and As -Built Software products. Please Note: Is not available for Time -based licenses. COMP0123X64 VR Ready Notebook High-end notebook computer. Contact your FARO representative for current specifications. 2 -Z:,- - Quot :,- Quote no. 20376878 1,607.98 1,933.19 600.00 3,878.88 Z:,- ... AM Quote no. 20376878 3D VISIONARY CCR-SCN-V8-Y4 Complete Care-SCN Focus S/M-Y4 1 7,189.00 ** Open Market Item ** Complete Care service plan includes parts and labor for repair and annual cleaning and calibration. Three years of coverage in addition to the included 1 -year warranty. SMA51002-3Y FARO Zone 3D Advanced 1 2,295.00 Maintenance 3Y ** Open Market Item ** FARO Zone 3D Advanced annual maintenance extension at point of sale includes product updates and upgrades (as available), including top tier technical support for three (3) years. Customer must be on the most current software release to purchase this plan. SMAR0900-3Y SCENE MAINT - 3Y RNWL 1 2,475.00 ** Open Market Item ** SCENE. Extends maintenance contract of existing license by 3 years. 885313753130835064 11/3/2020-11/2/2023 SOFTD51002 FARO Zone 3D Advanced Digital 1 1,933.19 Download ***Loyalty Pricing*** Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download M 3D VISIONARY SOFTD51002 FARO Zone 3D Advanced Digital Download Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download SOFTD51002 FARO Zone 3D Advanced Digital Download Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download SOFTD51002 FARO Zone 3D Advanced Digital Download Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download ACCSS8002 3D —AC _LS_FocusS Battery Power Dock ** Open Market Item ** Power Dock charging cradle for Focus laser scanner V8. ACCSS8006 3D AC_LS_FocusS 90W Power Sup ** Open Market Item ** Power supply for Focus laser scanner V8. 1 1 1 1 1 Z:,- - Quote no. 20376878 1,933.19 1,933.19 1,933.19 522.00 121.50 M 3D VISIONARY SMA51002-3Y FARO Zone 3D Advanced Maintenance 3Y ** Open Market Item ** FARO Zone 3D Advanced annual maintenance extension at point of sale includes product updates and upgrades (as available), including top tier technical support for three (3) years. Customer must be on the most current software release to purchase this plan. Signature: Total Unit Price Total Item Discounts Subtotal Total USD 0 Print: Title: Signature: Print: Title: "Any order over $150,000 will need a secondary signature to process your order. Z:,— ... Quote no. 20376878 9,180.00 109,631.09 24,631.45- 84,999.64 Date: Date: 84, 999.64 M 3D VISIONARY COVID-19 Z:,— ... Quote no. 20376878 FARO does not assume any risk for (i) late deliveries of goods, (ii) customers' inability or impracticability to receive or use our devices or software, and for (iii) delivery disruptions, that are due to the COVID-19 pandemic and ensuing government measures (shut downs, lock- downs, quarantines). PiJR�GFFAS-E--A E -E Aft-C-G-OF--S-Al=E -A n f is agr enr , 0�cab+e--eo t--tert ar fZ&s- S-tanda-rd-=Terms--an,d- n -s of..S-a , , 'f- w s -h -ave --e t--mester-s errns;.-such-ne d -master --t The--FAfZG--Standartt Terms he VVeb--addres Web -browser): ttps:/ :#area om/t /FARO Standard—_ -Terms anti Gtrnditians G4abal 20-1-813 _ N&-pdf 'Fou -c 0sa-ebta�n--t-he-#errrns-from--yau-r- -AR0.. representative --ter. .e-ema�1--Lega4gfame,c rn--ftar py- The--following--artle4e-eantalnsa+ur-caMxafion-in o er-their--res -prtad dings t-vttps:-//knowledge4aro-. /E t4a /` Hardware/Gompensatian_Calibrat _ n,d Cert4ficat4on--&tandart4 _ _ AfZO Devices- Pursuant es Pursuant to authorization from Joi Haner, Account Manager of Public Safety Analytics with FARO, this purchase is pursuant to the GSA quote and pricing specified below. The GSA Terms and Conditions are applicable to this purchase order and override FARO'S standard Terms and Conditions that are identified in the above paragraph. The above paragraph regarding FARO'S Standard Terms and Conditions is hereby stricken. GSA QUOTE Pricing, terms and conditions per GSA contract GS-07F-197GA. Expiration of contract 9/28/2022. r7l--- 4 nc -X c11-7 GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE Quote no. 20376878 AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICELIST On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu -driven database system. The INTERNET address for GSA Advantage!® is: GSAAdvantage.gov. MAS: MULTIPLE AWARD SCHEDULE SPECIAL ITEM NUMBER NEW - INTRODUCTION OF NEW SUPPLIES AND SERVICES OLM - ORDER -LEVEL MATERIALS (OLM) 325412 - CRIMINAL INVESTIGATIVE EQUIPMENT AND SUPPLIES FSC/PSC Codes: 6550, 0000 For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov. Faro Technologies, Inc 250 Technology Park Lake Mary, FL 32746 T: 407-333-9911 F: 407-333-4181 www.faro.com Contract Number: GS-07F-197GA Period Covered by Contract: September 29, 2017 - September 28, 2022 Contract Administrator: Steven Barthel Business Size: Other than Small Business CUSTOMER INFORMATION 1a. Table of Awarded Special Item Numbers with appropriate cross-reference to item descriptions and awarded prices: Special Item Number (SIN)Special Item Number Description Awarded Price Page 325412/STLOC Criminal Investigative Equipment and Supplies Page 4 and 5 NEW/STLOC Introduction of New Supplies and Services Page 6 OLM/STLOC Order -Level Materials (OLMs) Defined at Order Level 1 b. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract: SIN Part Number GSA Price 325412/STLOC SMA51000 59.84 NEW/STLOC SP -01 8,478.59 1c. If the contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided: Not applicable 2. Maximum Order: $250,000 3. Minimum Order: $500 4. Geographic Coverage: Domestic Delivery Only 5. Points of Production: U.S.A., Germany, Italy, Sweden 6. Discounts from List Prices or Statement of Net Price: Prices shown herein are net prices. 7. Quantity Discounts: None 8. Prompt Payment Terms: Net 30 Days. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9a. Government purchase cards are accepted at or below the micro -purchase threshold. 9b. Government purchase cards are accepted above the micro -purchase threshold. 10. Foreign Items: Germany, Italy, Sweden 11 a. Time of Delivery: 30 - 45 Days ARO 11 b. Expedited Delivery: Contact Contractor 11c. Overnight and Two -Day Delivery: Contact Contractor 11d. Urgent Requirements: Please note the urgent requirements clause of this contract and contact contractor. 12. F.O.B. Point: Origin - Prepaid by Seller 13a. Ordering Address: FARO Technologies, Inc. 250 Technology Park Lake Mary, FL 32746 13b. Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3. 14. Payment Address: FARO Technologies, Inc. PO Box 116908 Atlanta, GA 30368 15. Warranty Provision: The limited warranty covers defects in materials and workmanship in FARO -brand products or other products sold by FARO to the customer. Products sold by FARO include a one year limited warranty under this contract. 16. Export Packing Charges (if applicable): N/A 17. Terms and Conditions of Government Purchase Card Acceptance (any thresholds above the micro -purchase threshold): Government purchase cards are not accepted above the micro -purchase threshold. 18. Terms and Conditions of Rental, Maintenance, and Repair: N/A 19. Terms and Conditions of Installation: N/A 20. Terms and Conditions of Repair Parts Indicating Date of Parts Price Lists and Any Discounts from List Prices: N/A 20a. Terms and Conditions for Any Other Services: N/A 21. List of Service and Distribution Points: N/A 22. List of Participating Dealers: N/A 23. Preventative Maintenance: N/A 24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). N/A 24b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g contractor's website or other location.) The EIT standards can be found at: www.Section508.gov/. September 9, 2020 To Whom It May Concern, This letter identifies FARO Technologies, Inc., a Florida corporation ("FARO Technologies" or "FARO"), as the sole developer and manufacturer of the FARO Focus Laser Scanners, including the FocuS3D, Focuss and Focus"^ Laser Scanners, FARO ScanPlan, FARO Freestyle 2, FARO Focus Thermal Covers, SCENETM software, FARO ZoneTm 3D and FARO ZoneTm 2D software. FARO is also the sole provider of software service, warranty, maintenance, annual calibration, and training programs associated with FARO Focus Laser Scanners, ScanPlan, SCENE Software, and FARO Zone software. In addition, FARO is the sole source of its GSA product pricing for the above products and services. Some of the foregoing goods and services are offered through distributors, but the origin of those goods and services are from FARO. FARO holds no US distributors for products to law enforcement or fire departments. FARO Technologies was founded in 1982 and has quickly become a global leader in the manufacture of 3D measurement technology. FARO Technologies is headquartered in Lake Mary, Florida, its European regional headquarters in Stuttgart, Germany, and its Asia/Pacific regional headquarters in Singapore. FARO has other offices in the United States, Canada, Mexico, Brazil, Germany, the United Kingdom, France, Spain, Italy, Poland, Turkey, the Netherlands, Switzerland, India, China, Malaysia, Thailand, South Korea, Japan, and Australia. As the world's most trusted source for 3D measurement and imaging solutions, FARO Technologies designs, develops, manufactures, markets, and supports software -driven, three-dimensional measurement and imaging solutions. Technology from FARO permits high -precision 3D measurement, imaging, and comparison of parts and compound structures within production and quality assurance processes. The devices are used for inspecting, planning and documenting spaces or structures in 3D, as well as for law enforcement, forensics, accident reconstruction, crime scene investigation, arson investigation, post -blast investigation, fire and security pre -planning, bullet trajectory, bloodstain pattern analysis, and augmented/virtual reality applications. With a wide variety of features, including range, image quality, and capture speed, the Focus Laser Scanners considerably reduce the effort involved in documenting, measuring, and analyzing forensic scenes. The 3D scan data can be imported into many software solutions that are used by forensic investigators for analysis and reporting of the captured data. Distance dimensions, area and volume calculations, analysis, and documentation can be carried out quickly, precisely and reliably using scanned data. FARO is the sole developer and supplier of FARO ZoneTM Software, which incorporates direct integration of FARO Focus point cloud data from scans into a simple to use program for full scene documentation, 2D and 3D Diagrams, animations, crash reconstruction, bullet trajectory, and bloodstain pattern analysis. The development of FARO ZoneTM Software is the result of the combination of features from CAD Zone and ARAS Reality, predecessor software acquired by FARO through acquisitions. These software offerings have now been replaced with our current software platform FARO ZoneTM. FARO's competitive advantage is the lightweight, affordable, precise technology delivered with each 3D laser scanning product. Through FARO and its products, our customers are making an investment in projects with unsurpassed cost -value, which provides a major advantage when looking for the most cutting-edge technology that gets you the right results in an age of limited resources. With hundreds of thousands of units sold worldwide and customers around the globe, our products have been reliably measuring success throughout the world. Our forensic customers include the Department of Defense, the federal government, various intelligence organizations, the U.S. military, and many state and municipal law enforcement agencies. Please feel free to contact us with any questions Kind Regards, (�)4�� David J. Dustin I Global Director of Product Management I Public Safety - Forensics FARO Technologies, Inc. 1 250 Technology Park I Lake Mary, FL 32746 Office: 407.333.9911 Mobile: 404-368-0659 Nasdaq: FARO I david.dustin@faro.com I www.faro.com MA -RF -150- FARO Letterhead M ageec144gf1527 ARO Technologies, Inc. FsJIL 250 Technology Park, Lake Mary, FL 32746 ° Tel: +1.407.333.9911 (Trail Free: 800.736.0234 Nasdaq: FARO 3D VISIONARYFax: +1.407.333.4181 www.FARO.com September 9, 2020 To Whom It May Concern, This letter identifies FARO Technologies, Inc., a Florida corporation ("FARO Technologies" or "FARO"), as the sole developer and manufacturer of the FARO Focus Laser Scanners, including the FocuS3D, Focuss and Focus"^ Laser Scanners, FARO ScanPlan, FARO Freestyle 2, FARO Focus Thermal Covers, SCENETM software, FARO ZoneTm 3D and FARO ZoneTm 2D software. FARO is also the sole provider of software service, warranty, maintenance, annual calibration, and training programs associated with FARO Focus Laser Scanners, ScanPlan, SCENE Software, and FARO Zone software. In addition, FARO is the sole source of its GSA product pricing for the above products and services. Some of the foregoing goods and services are offered through distributors, but the origin of those goods and services are from FARO. FARO holds no US distributors for products to law enforcement or fire departments. FARO Technologies was founded in 1982 and has quickly become a global leader in the manufacture of 3D measurement technology. FARO Technologies is headquartered in Lake Mary, Florida, its European regional headquarters in Stuttgart, Germany, and its Asia/Pacific regional headquarters in Singapore. FARO has other offices in the United States, Canada, Mexico, Brazil, Germany, the United Kingdom, France, Spain, Italy, Poland, Turkey, the Netherlands, Switzerland, India, China, Malaysia, Thailand, South Korea, Japan, and Australia. As the world's most trusted source for 3D measurement and imaging solutions, FARO Technologies designs, develops, manufactures, markets, and supports software -driven, three-dimensional measurement and imaging solutions. Technology from FARO permits high -precision 3D measurement, imaging, and comparison of parts and compound structures within production and quality assurance processes. The devices are used for inspecting, planning and documenting spaces or structures in 3D, as well as for law enforcement, forensics, accident reconstruction, crime scene investigation, arson investigation, post -blast investigation, fire and security pre -planning, bullet trajectory, bloodstain pattern analysis, and augmented/virtual reality applications. With a wide variety of features, including range, image quality, and capture speed, the Focus Laser Scanners considerably reduce the effort involved in documenting, measuring, and analyzing forensic scenes. The 3D scan data can be imported into many software solutions that are used by forensic investigators for analysis and reporting of the captured data. Distance dimensions, area and volume calculations, analysis, and documentation can be carried out quickly, precisely and reliably using scanned data. FARO is the sole developer and supplier of FARO ZoneTM Software, which incorporates direct integration of FARO Focus point cloud data from scans into a simple to use program for full scene documentation, 2D and 3D Diagrams, animations, crash reconstruction, bullet trajectory, and bloodstain pattern analysis. The development of FARO ZoneTM Software is the result of the combination of features from CAD Zone and ARAS Reality, predecessor software acquired by FARO through acquisitions. These software offerings have now been replaced with our current software platform FARO ZoneTM. FARO's competitive advantage is the lightweight, affordable, precise technology delivered with each 3D laser scanning product. Through FARO and its products, our customers are making an investment in projects with unsurpassed cost -value, which provides a major advantage when looking for the most cutting-edge technology that gets you the right results in an age of limited resources. With hundreds of thousands of units sold worldwide and customers around the globe, our products have been reliably measuring success throughout the world. Our forensic customers include the Department of Defense, the federal government, various intelligence organizations, the U.S. military, and many state and municipal law enforcement agencies. Please feel free to contact us with any questions Kind Regards, (�)4�� David J. Dustin I Global Director of Product Management I Public Safety - Forensics FARO Technologies, Inc. 1 250 Technology Park I Lake Mary, FL 32746 Office: 407.333.9911 Mobile: 404-368-0659 Nasdaq: FARO I david.dustin@faro.com I www.faro.com MA -RF -150- FARO Letterhead M ageec144gf1527 A SlkRo MA -RF -150- FARO Letterhead PQageecl294Qf 152 7 Colan bract Hidder GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!®, a menu -driven database system. The INTERNET address for GSA Advantage!® is: GSAAdvantage.gov. MAS: MULTIPLE AWARD SCHEDULE SPECIAL ITEM NUMBER NEW — INTRODUCTION OF NEW SUPPLIES AND SERVICES OLM — ORDER -LEVEL MATERIALS (OLM) 325412 — CRIMINAL INVESTIGATIVE EQUIPMENT AND SUPPLIES FSC/PSC Codes: 6550, 0000 For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov. FARO TECHNOLOGIES, INC FA 0% RX Ro, Faro Technologies, Inc 250 Technology Park Lake Mary, FL 32746 T: 407-333-9911 F: 407-333-4181 Email: steven.barthel@faro.com www.faro.com Contract Number: GS-07F-197GA Period Covered by Contract: September 29, 2017 — September 28, 2022 Contract Administrator: Steven Barthel Business Size: Other than Small Business Pricelist current through modification 4PO-0033 dated 08/26/2020 Page 1 of 6 Page 130 of 527 CUSTOMER INFORMATION la. Table of Awarded Special Item Numbers with appropriate cross-reference to item descriptions and awarded prices: Special Item Number (SIN) Special Item Number Description Awarded Price Page 325412/STLOC Criminal Investigative Equipment and Supplies Pages 4 and 5 NEW/STLOC Introduction of New Supplies and Services Pages 5 and 6 OLM/STLOC Order -Level Materials (OLM) Defined at Order Level lb. Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract: SIN Part Number GSA Price 325412/STLOC SMA51000 59.84 NEW/STLOC SP -01 8,478.59 lc. If the contractor is proposing hourly rates, a description of all corresponding commercial job titles, experience, functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided: Not applicable 2. Maximum Order: $250,000 3. Minimum Order: $500 4. Geographic Coverage: Domestic Delivery Only 5. Points of Production: U.S.A., Germany, Italy, Sweden 6. Discounts from List Prices or Statement of Net Price: Prices shown herein are net prices. 7. Quantity Discounts: None 8. Prompt Payment Terms: Net 30 Days. Information for Ordering Offices: Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9a. Government purchase cards are accepted at or below the micro -purchase threshold. 9b. Government purchase cards are accepted above the micro -purchase threshold. 10. Foreign Items: Germany, Italy, Sweden lla. Time of Delivery: 30 — 45 Days ARO llb. Expedited Delivery: Contact Contractor Page 2 of 6 Page 131 of 527 11c. Overnight and Two -Day Delivery: Contact Contractor 11d. Urgent Requirements: Please note the urgent requirements clause of this contract and contact contractor. 12. F.O.B. Point: Origin — Prepaid by Seller 13a. Ordering Address: FARO Technologies, Inc. 250 Technology Park Lake Mary, FL 32746 13b. Ordering Procedures: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3. 14. Payment Address: FARO Technologies, Inc. PO Box 116908 Atlanta, GA 30368 15. Warranty Provision: The limited warranty covers defects in materials and workmanship in FARO -brand products or other products sold by FARO to the customer. Products sold by FARO include a one year limited warranty under this contract. 16. Export Packing Charges (if applicable): N/A 17. Terms and Conditions of Government Purchase Card Acceptance (any thresholds above the micro - purchase threshold): Government purchase cards are not accepted above the micro -purchase threshold. 18. Terms and Conditions of Rental, Maintenance, and Repair: N/A 19. Terms and Conditions of Installation: N/A 20. Terms and Conditions of Repair Parts Indicating Date of Parts Price Lists and Any Discounts from List Prices: N/A 20a. Terms and Conditions for Any Other Services: N/A 21. List of Service and Distribution Points: N/A 22. List of Participating Dealers: N/A 23. Preventative Maintenance: N/A 24a. Special attributes such as environmental attributes (e.g., recycled content, energy efficiency, and/or reduced pollutants). N/A 24b. If applicable, indicate that Section 508 compliance information is available on Electronic and Information Technology (EIT) supplies and services and show where full details can be found (e.g contractor's website or other location.) The ETT standards can be found at: www.Section508.�ov/. 25. Data Universal Number System (DUNS) Number: 617308929 26. Notification Regarding Registration in System for Award Management (SAM) Database: FARO Technologies, Inc. is registered in the SAM Database. Page 3 of 6 Page 132 of 527 Page 4 of 6 Page 133 of 527 325412 ACCSS0285 LASER SCANNER - STARTER KIT III 1,632.15 EA Starter Kit III for FARO Laser Scanner. Compatible with the FARO SuperSphere system. Consisting of 5 registration spheres 140mm with magnetic mounts, 5 foldable stands, 20 washers and 12 cardboard checkerboard targets. 325412 ACCSS0287 200MM KOPPA TRGT W TRIPOD 2,584.23 EA A complete package of target spheres along with tripods MOUNT KIT 6 and other accessories, shipped in 2 crates. The first crate contains a 6 pack of 200mm target spheres with magnetic bases and individual cotton storage/handling bags, and 6 1/4-20 camera tripod. 325412 ACCSS0289 150MM KOPPA TRGT W TRIPOD 2,339.41 EA A complete package of target spheres along with tripods MOUNT KIT 6 and other accessories, shipped in 2 crates. The first crate contains a 6 pack of 150mm target spheres with magnetic bases and individual cotton storage/handling bags, and 6 1/4-20 camera tripod. 325412 ACCSS0299 80Mm Koppa Target Set W/ 1,305.79 EA A combination set of 12 80mm targets - 6 magnetic base Trajectory Rods targets, 6 trajectory mount. Includes 6 1/4" x 10" aluminum, magnetic base stand-off rods. All shipped in a plastic storage crate. 325412 ACCSS8001 POWERBLOCK - FOR FOCUS S 525.94 EA Powerblock - For Focus S 350, S 150, and Scan Localizer 350, S 150 AND 325412 ACCSS8032 Standard Carbon Fiber Tripod 997.42 EA Super lightweight, highly stable, low -vibration, tailored carbon fiber tripod. For perfect performance and increased durability customized for Focus Scanners. 325412 ACCSS8047 3D—AC—SP—Mobile—Phone—AMER 376.33 EA Smartphone used to control the ScanPlan and display the 2D floor plan during mapping. 325412 COMP0123x64 VR Ready Notebook 4,125.94 EA High-end notebook computer. Contact your FARO representative for current specifications. 325412 SMA0900-1Y 3D—MA—SC—SCENE 915.87 EA Maintenance for SCENE software. Duration: 1 year. Maintenance-1Y—STAND Scope of service according to the conditions of the SCENE maintenance contract. 325412 SMA0900-3Y 3D—MA—SC—SCENE 2,303.27 EA Maintenance for SCENE software. Extents the 1 year Maintenance-3Y—STAND standard maintenance by 3 years. Scope of service according to the conditions of the SCENE maintenance contract. 325412 SMA51000 FARO Zone 2D Maintenance Plan 59.84 EA 12 month maintenance plan for FARO Zone 2D. Includes all product updates and top tier technical support. 325412 SMA51001 FARO Zone 3D Maintenance 388.99 EA 12 month maintenance for FARO Zone 3D. Includes One (1) year of maintenance with product updates and upgrades (as available) and top tier technical support. Page 4 of 6 Page 133 of 527 Page 5 of 6 Page 134 of 527 ON 325412 SMA51002 FARO Zone 3D Advanced 987.45 EA 12 month maintenance for FARO Zone 3D Advanced. Maintenance Includes One (1) year of maintenance with product updates and upgrades (as available) and top tier technical support. 325412 SOFT51000 FARO Zone 2D 362.70 EA Quickly create 2D diagrams of crash, crime, and fire scenes. Also ideal for pre -incident planning and security diagrams. Includes one (1) year of maintenance with updates and support. 325412 SOFT51001 FARO Zone 3D 21262.34 EA Standard version - 3D/2D diagramming, animation, analysis, and presentations for forensic scenes and security planning. Includes one (1) year of maintenance. 325412 SOFT51002 FARO Zone 3D Advanced 7,249.46 EA Advanced version of FARO Zone 3D with the added ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. 325412 SOFTD51000 FARO Zone 2D Digital Download 362.70 EA Quickly create 2D diagrams of crash, crime, and fire scenes. Also ideal for pre -incident planning and security diagrams. Includes one (1) year of maintenance with updates and support. Digital Download. 325412 SOFTD51001 FARO Zone 3D Digital Download 2,262.34 EA 3D/2D diagramming, animation, analysis, and presentations for forensic scenes and security planning. Includes one (1) year of maintenance. Digital Download. 325412 SOFTD51002 FARO Zone 3D Advanced Digital 7,249.46 EA Advanced version of FARO Zone 3D with the added Download ability to open SCENE projects and import other point clouds. Includes one (1) year of maintenance. Digital Download 325412 SOFTS0900 3D—SW—SC—Scene 5,540.55 EA FARO SCENE Software. Process, register, view and work on 3D Laser scan data. Includes 1 -year of software maintenance. NEW LS -8-S-150 3D_HW_LS_FocusS 150 47,600.00 EA Laser Scanner FocusS 150 ships with: 1 FocusS 150, with HDR photography, with GPS, compass, altimeter (barometer), dual -axis compensator, WLAN, accessory bay, IP rating 54, on-site compensation functionality, 1x Battery Power Block, 1x Battery Power Dock, 1x 90W Power Supply, 1x Optic Cleaning Fluid, 3x Optic Cleaning Tissues, 1x 32GB SD card, 1x SD card reader, 1x SD card cover, 1x Allen wrench, 1x rugged transport case, calibration certificate and a quick start guide. Please notice: the leadtime may take 6 weeks or more after receipt of written order. Page 5 of 6 Page 134 of 527 Page 6 of 6 Page 135 of 527 I f ME I NEW LS -8-S-350 3D_HW_LS_FocusS 350 57,209.07 EA Laser Scanner FocusS 350 ships with: 1 FocusS 350, with HDR photography, with GPS, compass, altimeter (barometer), dual -axis compensator, WLAN, accessory bay, IP rating 54, on-site compensation functionality, 1x Battery Power Block, 1x Battery Power Dock, 1x 90W Power Supply, 1x Optic Cleaning Fluid, 3x Optic Cleaning Tissues, 1x 32GB SD card, 1x SD card reader, 1x SD card cover, 1x Allen wrench, 1x rugged transport case, calibration certificate and a quick start guide. Please notice: the leadtime may take 6 weeks or more after receipt of written order. NEW LS -8-S-70 Focus 3D S 70 35,166.75 EA Laser Scanner FocusS 70 ships with: 1x FocusS 70, with HDR photography, with GPS, compass, altimeter (barometer), dual -axis compensator, WLAN, IP rating 54, 1x Battery Power Block, 1x Battery Power Dock, 1x 90W Power Supply, 1x Optic Cleaning Fluid, 3x Optic Cleaning Tissues, 1x 32GB SD card, 1x SD card reader, 1x SD card cover, 1x rugged transport case, calibration certificate, 1 year manufacturer guarantee and a quick start guide. Please notice: Delivery may take up to 10 weeks after receipt of written order. NEW SP -01 3D_HW_SP_ScanPlan 8,478.59 EA Handheld mapping device to quickly capture 2D floor plans. Includes ScanPlan, battery, USB Data Link Cable, smartphone adapters, hard sided -case, and FARO Zone 2D software. Includes a 12 month warranty. Page 6 of 6 Page 135 of 527 FAn% s'lkiz__. t"' GSA Schedules (also referred to as Multiple Award Schedules (MAS) and Federal Supply Schedules) are long-term government wide contracts with commercial firms providing federal, state, and local government buyers access to more than 11 million commercial supplies (products) and services at volume discount pricing. The FARO® GSA/MSA numbers are as follows: • MAS Schedule GS -24F -0044M (formerly schedule 66) • MAS Schedule GS-07F-197GA (formerly schedule 84) littps ((ki, eowl¢: dge::.fere::z.¢::,e:: ii/IE:::>;: ei; tials/ : ei; eral/I. AII:�O .GSA INurnber U_Vk date.=r& Wed, 27 JJan 2021 115731 GIMIT Page 136 of 527 6.C. Consent Agenda 3/2/2021 Requested Action by Commission: Approve the purchase of (2) Baroness fairway mowers from DavcoTurf Corp, for the amount of $82,246 for the Golf Course as a sole source provider. Explanation of Request: The Golf Course Manager recommends the purchase of (2) Baroness fairway mowers to replace the existing antiquated pull -behind mower. Attached is a copy of the sole source letter and quote. The purchase will be awarded to the following vendor: DavcoTurf Corp for (2) Baroness LM2400 fairway mowers for the Golf Course in the amount of $82,246. How will this affect city programs or services? The new mowers will provide better quality conditions for golfers and increase customer satisfaction. Fiscal Impact: Budgeted Funding for this purchase is allocated in account #302-4501-572.64-02 in the amount of $82,500 and the reallocation of the Cl P funds for this purchase was approved by Commission on February 2, 2021. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 137 of 527 Type D QLAOtE)S D AttacftrTIENI'lt D SCflbl SOLArCE) I EAtE)ir, D SCflbl SOLArCE) I EAtE)ir, D SCflbl SOLAir'C',E) I EAtE)ir, Description VE)indoir' QUICAE) PLArchaSE) oveir $10,000 SCAE) SOLArCE) I EAtE)ir, SCAE) SOLArCE) JUIStificaboin IF:::oirryl PLArchaSE) l:REqL.JliSRk)I['l Page 138 of 527 "00 DavcoTurf 6586 Hypoluxo Rd, Suite 152 Lake Worth, FL 33467 The links at Boynton Beach Golf Course Superintendent 8020 Jog Road Boynton Beach, FI 33437 Proposed Quote Date: February 17, 2021 Quote Valid 30 Days Terms: All prices quoted FOB Lake Worth unless otherwise indicated. The preceding pricing is valid for 30 days. Prices include assembly where applicable and accessability to parts and service manuals. Purchaser is responsible for applicable taxes. No credit card payments on equipment purchases. 10.IIr" Imuw IMIOIIfl {�uariEF 0n ilVM&na Page 139 of 527 Date: 22 -Jan -21 C11TY" OF BOYNTON BEACH REQUEST FOR PITIRCHASE O'V'ER $10,000 Requesting Department: Golf Course Explanation for Purchase: Contact Person: Tommi Ylijoki The Links at Boynton Beach Golf Course would like to purchase 2 new fairway mowers, which will replace our antiquated pull behind mower. Our current pull behind mower does not provide the quality of cut that is desired or expected from our customers. Additionally, by replacing the pull behind mower with fairway mowers, this will allow the staff to use the pull behind mower more efficiently. Recommended Vendor Davco Turf Dollar Amount of Purchase $82,246.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source XI Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 302 General Fund (Golf Course) provals: Department Head Purchasing Agent Asst City Manager City Manager rurm MuViseu vuv uvc Date ..... . . Date Date Date Page 140 of 527 DavcoTurf 6586 Hypoluxo Road, Suite 152 Lake Worth, FI 33463 main 561-805-1177 www.DavcoTurf.com The Links @ Boynton Beach 8020 Jog Road Boynton Beach, FL. 33437 Tuesday, December 8, 2020 Attention: Glen Landgraff RE: Sole Supplier of Baroness Turf Equipment for state of Florida This letter serves to confirm that Davco Turf Corp, is the sole supplier of Baroness Turf Equipment in the state of Florida. Davco Turf Corp is authorized to provide all sales and service for Baroness equipment. Sincerely, w Dan DaCosta �..,.�...�w.._ .....����,....r Davco Turf Q .. 1 4 t F 0. C. M a a a Page 141 of 527 Purchasing sion This form shall be comD1eIedgT,,,V Sole Source from the quote or competitive process under the following circumstances: a. 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 Sinple Sourm, It. Department Division Point of Contact Phone Number Company Name Point of Contact and Title . . ...... . .. . . .. Product/Service Name Manufacturer Make/Model # FANIM L�7 Page 142 of 527 00 EMIR Section 8 — Justification This is a sole source because (choose any that apply): N Sole provider of a licensed or patented good or service Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. E] Single Source provider of goods and services for which the cit require the competitive solicitation process) E] Single Source of factory -authorized warranty service El Sole provider of goods or services that will meet the specialized needs of the City or perform the intende function (please detail below or reference an attachment). Ej The vendor/distributor is the owner of used equipment that would represent a best -value purchase for th 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 specificJDAvco -Vue-Vr- (S -Ttk�e7 S<�Lc: SuKk-AUP— 0(� ep"ZC'NIEZ -NZF eQULPMtE NYT OF FL -o 6 Ok. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. Section, C — Routing, Certification and Approval .................. Page 143 of 527 H ri 1 N N I P4 I O M m 1 N M 1 I I W W LY, I A A w' �+ O I P4 w H I a 1 w 1 Q 1 I I O 1 I I Z UQEi I 1 0 0 0 o 0 0 WO: Ei DC U I Zi W N ch N cit M N O U N T N a W 1 d1 M 00 a o U x HH I 0 0 O Q Ri '�Hi U I O O H •7 U O O E-1 Ems-( 00 i O � x I M M O W O N N o ao u m M z O O H PI m w a H z w w CY w O 0 w y -I 1 0 0 H O O Ei pw. H i H W a Ei I r -I r -I C4W 01 0 W 1 a P4 r4 Z Q w w 00 w a p m � a ai a vi a 0 I I x O �"4u �4u W z'F W w 0 I � Q H H w wUao wUao � I W Ow.. om W i XQP EQP M M ')+aH Ix O O i .�H aH Q C7 rCC7 U U I Hgv2 Hqm W W I A H Q a H Q o C7 C7 00 0 µ 0004 OOa a C7 z ; C14 N PQ O z I X .. E H 0 1 1-7>+6 a>+Q Po H W i M i UQ� mQE Ei O HI WOO woo H a aI zxu zzu 1F-I04ozm O0 W i �om MD w Q x as a P4 H W Z zaI H (14 U] H pq 1 azl w Ei Ei o O O O O O O M M io �N N d (A M N N 0) N d (n O Z Ea rn �i �4 O a) a) H O O El " �4�4 -1N D4 .� O U �w V wowo4a W h ,-I r -I ri r -i ON ON O Z rX w0u00 H E1 Z 0 U U Z z a a �7EipEi oIz az W£ww AaQa baa a >+w Ji W P l P4 H a H m r')4uZ �C7�UI N N O O d1 � N N r- r- Ei rr-I H 9 0 Ln Lo OU N N U o M M W Z r -I N H 14 w �a U H C*i Ei Z NI a N Cx-1 Z H H Z 0 H Ei H H Q CY W P4 6.D. Consent Agenda 3/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on February 2, 2021. Explanation of Request: The City Commission met on February 2, 2021 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Non -budgeted N/A Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir:dUlirn Description Es'E) 11':g I 1['1LAtE)s 2...2...21 Page 145 of 527 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 E. Ocean Avenue, Boynton Beach, Florida On Tuesday, February 2, 2021, at 4:45 P.M. Present: Mayor Steven B Grant Vice Mayor Ty Penserga Commissioner Justin Katz (arrived 5:45 p.m.) Commissioner Woodrow L. Hay Commissioner Christina Romelus 1. Openings A. Call to Order - Mayor Steven B Grant Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk Mayor Grant called the meeting to order at 4:45 p.m. Roll Call Deputy City Clerk Stanzione called the roll. A quorum was present for the closed -door session. Attorney Cherof announced those attending the closed -door session included the City Commissioners, City Manager, City Attorney, Assistant City Attorney, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Cherof noted should a Commissioner who was not currently present arrive during the close -door session, it will be reflected when the meeting reconvened. Closed -door session held on Tuesday, February 2, 2021, at 4:45 p.m. for a private attorney-client session to discuss pending litigation case of: BRANDON BRESCIA, Plaintiff, vs. CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50-2019CA009922- XXXX-MB- AE The meeting recessed at 4:47. Mayor Grant reconvened the meeting at 5:43 p.m. Invocation The Invocation was given by Minister Christy Ward of Missionary Baptist Church. Pledge of Allegiance to the Flag Page 146 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Commissioner Hay led the Pledge of Allegiance to the Flag. John McNally, ITS Director, explained how the online meeting would proceed and how the public could participate. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Penserga requested an addition to City Manager's Report to discuss POD sites for the Covid Vaccine. Motion Commissioner Romelus moved to approve as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by Members of the City Commission Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures and wished everyone a happy Black History Month. Vice Mayor Penserga had no disclosures. Mayor Grant disclosed that he had seen the Presidential Inauguration on January 20th. On January 21 st, he attended the Palm Beach County Transportation Planning Agency's meeting. He spoke with the FDOT Director regarding District Four. On January 28th, he attended Biking West Palm Beach with Upcycle to tour the city. On February 1st, he attended the Downtown Business Coalition for a Better and Brighter Boynton Beach meeting. He also thanked all the businesses that donated gift cards to Congress Middle School for their reading program. 3. Announcements, Community And Special Events And Presentations A. Proclaim February 11-17, 2021 as 2-1-1 Awareness Week. Mayor Grant proclaimed February 11-17 as 2-1-1 Awareness Week. B. Proclamation recognizing February as Black History Month. Page 147 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant proclaimed the month of February as Black History Month. Eleanor Krusell, Public Communications and Marketing Director, announced that the City will be celebrating Black History Month with activities and promotions. On February 12th, the City Archivist will discuss resources available to the community for researching Black History in Boynton Beach. On February 17th and 21 st, a librarian will guide children and teens through Black History books available to youth. On February 26th at 11:30, Dr. Anderson, Professor of Psychology at Palm Beach State College, will present a program on the importance of therapists and counselors in processing trauma and caring for your brain in the context of Black History and struggle. The Library has many online recommendations for Black History Month. On February 1st, the City's main Facebook banner post was changed to reflect the beginning of Black History Month. Five black - owned businesses will be highlighted on the Facebook page. On the Parks and Recreation Facebook page, residents can explore the history of recreational facilities named after prominent Black residents. Mayor Grant thanked Ms. Krusell and commented that he is happy that the City recognized everyone that identifies with this month. Commissioner Romelus was pleased that the City was highlighting Black businesses and pioneers of Boynton Beach during Black History Month. Commissioner Hay agreed with Mayor Grant that all cultures should be recognized but not to lose sight that February has been selected to recognize those contributions that were made by the African-American Culture. Patrice Schroeder, Community Specialist for 2-1-1, came forward to accept the 2-1-1 Proclamation. She thanked the Mayor and the Commission for their continuous support. 2-1-1- is grateful to be here for the community that needs comfort, support and crisis support as well. There have been three waves of the a Covid pandemic: the first was the initial wave of the Pandemic, the second was the economic wave, and the third wave is the mental health wave of the Pandemic. She expressed all have been struggling as a community. 2-1-1 has so much to offer to those who are in need. Commissioner Romelus inquired about the three waves of the Pandemic and asked Ms. Schroeder to repeat them. Commissioner Romelus requested that the agenda be amended to add Community Support Fund request in the amount of one -thousand dollars to be given to 2-1-1. Motion Commissioner Romelus moved to approve as amended. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Page 148 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 C. Announcement by Kacy Young, Recreation & Parks Director in recognition of the Four Chaplains Remembrance Ceremony being hosted by the Boynton Beach Veteran's Council at Tom Kaiser, USN Boynton Beach Veterans Memorial Park on Wednesday February 3, 2021, at 12:00 PM. All CDC guidelines will be followed. Kacy Young, Recreation & Parks Director announced the Four Chaplains Remembrance Ceremony on Wednesday, February 3, 2021, at 12 p.m. at Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Mr. Young also announced Joe DiMaggio Children's Specialty Health Center Magic Wheels and Special Deals event will be held on February 13, 2021, at 10 a.m. at Barrier Free Park. For more information on this event, visit Boynton-beach.org/magic. 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) Jackie Mataragas, 2620 1 st Court, presented checks to the Police and Fire departments. She thanked the Commission for keeping the citizens apprised of the events in the City of Boynton Beach. Naomi Cobb, 1007 SE 3rd Street, announced that she has several issues with the adjoining property owned by Mignano Landscape and Tree Service. They start work before 8 a.m. and go past 6 p.m. There is a rodent issue. She has contacted the Police Department as well as Code Enforcement. Some issues have been rectified, unfortunately not all of them and she asked the Commission for any help they can provide. Commissioner Romelus requested to speak with staff regarding the issues on the Mignano property. This issue has been brought up in the past and Commissioner Romulus was under the impression that this was rectified. Mayor Grant suggested that Ms. Cobb take pictures and video of the issues and upload to the City's MyCivic App that way the City will have the evidence. Dr. Jonathan May, 2303 SW 21st Terrace, announced that he will be running for the District 1 Commissioner seat. Dr. May also suggested renaming one of the City streets or buildings to show solidarity supporting black lives. Mayor Grant agreed with Dr. May and suggested that he pick a City -owned street and the name change. Jake Hoffman, 306 East Ocean Avenue #108, inquired about C.A. R. E. S. Act funding for his business. He was unable to receive funding the first time because he was outside of Page 149 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 the CRA limits. He questioned if the City will be offering such funding to the small businesses within the City. Mayor Grant believed that all of the City's funding had been distributed. Lori LaVerriere, City Manager, responded that there are programs out there that Mr. Hoffman might qualify for. Ms. LaVerriere suggested that Mr. Hoffman give her office a call in the morning, either she or Mr. Scott would be able to talk to him about what programs are available. Annette Gray, 1600 Gateway Boulevard, Suite 220, announced that on February 13th, a group of nonprofits in the area are sponsoring a Valentine's Day event for the homeless. Some of the services that will be available are haircuts, showers, laundry, a food truck and a pallet of clothing. Katherine Uden, South Florida Campaign Organizer for Oceana, thanked the Commission for the discussion and consideration for an ordinance banning the use of polystyrene within the City. As of 2015, companies have produced 400 million tons of plastic annually, it is expected to quadruple by 2050. Polystyrene foam is not only bad for the oceans, it is bad for human health. The United States is responsible for some of the highest plastic inputs into the ocean. By reducing plastics in Boynton Beach, the City is protecting the environment, Florida's coastal economy and the livelihood of its residents. While Oceana works on state and federal action, They encourage Boynton Beach to pass legislation to reduce plastics and polystyrene foam. Tom Warnke, 2780 Wooster Road, commended the Commission and the City of Boynton Beach for moving forward with Eco Park off of Quantum Boulevard. Mr. Warnke's father was part of the City Commission 35 years ago when the City approved the industrial park off of Quantum Boulevard. One of the requirements was for land to be set aside for a preserve. Mr. Warnke and his wife walked the trails and it is just beautiful. He thanked the Commission again for working on this. 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Katz nominated Christopher Simmons to the Firefighter Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Commissioner Hay reappointed Desirae Watler to the Firefighter Pension Board. Vice Mayor Penserga seconded the motion. The motion passed unanimously. B. Approve the request of Mayor Grant to distribute $200.00 of his Community Page 150 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Support Funds to POW-MIA-OREE Corp. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Mayor Granted stated that POW-MIA-OREE Corporation goes to the National Cemetery annually and they read the names of everyone who is buried in the National Cemetery to assure they are not forgotten for their sacrifices made for this country. C. Approve the request of Commissioner Romelus to distribute $1,000.00 of her Community Support Funds to 2-1-1. Motion Commissioner Hay moved to approve. Vice Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Romelus made a motion for reconsideration of the agenda to allow for the additional agenda item under Administrative. Commissioner Hay seconded the motion. The motion passed unanimously. D. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to GBDC Love the Homeless event. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 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. Legal Expenses - December 2020 - Information at the request of the City Commission. No action required. B. Proposed Resolution No. R21-020 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. C. Approve amendments to the Fiscal Year 2020-2021 approved Capital Page 151 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Improvement projects for the 302 Fund (General). D. Approve minutes from the City Commission meeting on January 5, 2021. Motion Vice Mayor Penserga moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Approve Phase 1 of Task Order UT -1 E-03 with Gentile Glas Holloway O'Mahoney, in the amount of $100,000.00 in accordance with RFQ No. 046- 2821-17/TP, General Consulting Services Contract, Scope Category E for the preliminary design for the improvements of Fire Station No. 3. B. Authorize the City Manager to sign the proposal for the purchase of 2 1250KW Diesel Generators and the associated electrical switchgear from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor, for the sum of $1,539,039 through the national Sourcewell Contract #120617 -KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-001 - Second Reading - Approving request for abandonment (ABAN 21-003) of a 12' wide water and sewer easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-001 by title only on Second Reading. Motion Commissioner Hay made a motion to approve. Commissioner Romelus seconded the motion. Vote Page 152 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Deputy City Clerk Stanzione called the roll. The vote was 5-0. Proposed Ordinance No. 21-002 - Second Reading - Approving request for abandonment (ABAN 21-004) of a 10' wide water easement in conflict with scheduled cafeteria expansion plans at Citrus Cove Elementary School, located at 8400 Lawrence Road. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-002 by title only on First Reading. Motion Commissioner Hay made a motion to approve. Vice Mayor Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 9. City Manager's Report A. Police Chief Gregory will give a presentation on community policing and how the police department responds to protests. City Manager LaVerriere stated that Chief Gregory was available. Assistant City Attorney Bridgeman would like to make a comment about public assembly and peaceful protest as it pertains to the law. Assistant City Attorney Bridgeman, commented that this is a general overview of the law. Freedom of Speech, the First Amendment grants people the right to any type of speech, whether or not the speech is kind, offensive or controversial. Each citizen has a Constitutional right to that speech. The content of free speech cannot be limited. Regarding the right to assemble, the Constitution provides that the people have a right to peaceably assemble, to instruct their representatives and to petition for redress of grievances. Areas such as a sidewalk would be a traditional form of public assembly, in which case a permit is not required to assemble on the sidewalk or have communications on the sidewalk regarding free speech. Basically, the First Amendment prohibits government from restraining or abridging freedom of assembly and freedom of speech. Mayor Grant commented in the Case Brandenburg versus Ohio, the Supreme Court said its government cannot punish inflammatory speech unless the speech is directed to inciting and producing imminent lawless actions. He asked if it was still true. Assistant City Attorney Bridgeman responded it was and what she gave was a very high- level overview of the law because anything beyond that would require a specific analysis of the facts that are occurring at the particular moment. Police Chief Gregory gave a presentation on community policing and how the Police Page 153 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Department responds to protests. Mayor Grant thanked the Chief and commented the reason for this discussion is to have the Commission talk about what is on their minds. Since the City has its own Police Department, the Commission can direct the City Manager to oversee what happens in the Police Department. The City decided a few years ago to keep the Police Department regardless of the cost and the Commission wants to make sure that the City is doing its best for the residents. Mayor Grant stated he is excited about the ongoing technological improvements and moving forward with economic development to help reduce the crime in City neighborhoods that is based upon needs. The legal aspects of protected free speech has a very high burden to convict someone violating free speech because there needs to be imminent lawless action. For people at a block party or on a bridge, there is no imminent lawless action, but without a police presence, imminent lawlessness can happen. Then it is too late, the police are not monitoring the situation and they arrive after the incident has happened. Mayor Grant would like the Commission to direct the City Manager to spend additional money for overtime to have additional officers on duty during major holidays. The City is aware that there is an ongoing protest on the Golf Road Bridge. There should be an officer there to ensure everyone's safety. Mayor Grant stated he drove by today and the protesters were not on the sidewalk and their cars were parked on the shoulder slowing down traffic. Commissioner Katz inquired if there was already a procedure in place for the police to monitor or be aware of such events and make sure they are not obstructing the right-of- way doing anything violent or if the request was us beefing up or ensuring a greater presence? Chief Gregory responded their protocol is that if they learn of one of these demonstrations, they send someone over to assess the size of it and the character of it to see if it is criminal in nature or civil. They then determine how many resources they need to assign. In regards to the bridge they have gone by it and kept an eye on it. Now that they have received more concerns about the roadway from the Commission, they have stationed an officer to be there and monitor the protest. That is part of current protocol. City Manager LaVerriere inquired about the Christmas day shooting, She recalls a conversation that they had extra patrols and people on overtime because of the holiday. Chief Gregory responded typically during the shopping period and into the holiday week, they increase officers from specialty units to supplement the need for more officers on duty. There were officers working on Christmas and when they learned of the growing size of the people at the park, they assigned an officer to monitor the gathering at the park that day. Commissioner Katz commented that fundamentally he does not disagree with more police when monitoring situations. He asked the Mayor if he potentially saw this as security and if it was something he was envisioning prior to the incident at the park? Mayor Grant replied it was. There was peace in the neighborhood when there was a police presence there. It was proactive community policing in case something goes wrong. The City wants to make sure that all the people in the park are protected. He noted the police were monitoring Sara Sims; however, the red and blue lights were not on and the police cruisers were not in the same positions needed for peace in the hood. Page 154 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 He wanted community policing to say that police are here to make sure everyone is behaving. He noted it made a huge difference in the month of June when there was civil disobedience going on throughout the country, and the Police made sure everyone in the City was protected. They monitored everything and he wanted that same standard used to make sure they are protecting everybody like they did in June 2020. Commissioner Katz inquired if the request is to direct the allocation of more overtime hours or to just ask the City Manager to ask the Police Chief to have a more robust response to these events as they materialize? Mayor Grant commented it would be both and he would be willing to take $50K to $100K out of Reserves to make sure that our City is safe. Because of what has happened in the City in the past five years, he sought to change the course of the narrative. The City has already started to with the Real -Time Crime Center with the arrest of the suspects for the December 25th shooting. He wanted to make sure that everyone knows crime is not tolerated in the City. Commissioner Katz requested to have more time to talk to staff and the Police Chief before giving a formal directive, especially since there are financial implications. Mayor Grant was fine with Commissioner Katz's request. Last year the City signed a zero -vision resolution and he wanted to make sure Boynton Beach is a zero -vision city. He asked if the police chief was aware of any unnatural causes of death through crime or through vehicular travel in 2021? City Manager LaVerriere said she would confirm if there have been any unnatural deaths in the City for 2021. Vice Mayor Penserga inquired where the City draws the line between shutting down an event versus attendees' right to assemble and speech? Many of these events start off small and balloon to several hundred people. Trying to handle a situation when there are already 300 to 500 people present is a dangerous situation to manage. He asked at what point would the police step in at a growing unpermitted event? The City has a recurring problem with spontaneous events where friends message their friends and word gets to another city and more people show up. At that point it is a disastrous situation. He questioned if we do to prevent a neighborhood block party from becoming out of control, and do we shut down events? Chief Gregory noted the different scenarios and explained an event can be an organized or unorganized event. He reviewed scenarios pertaining to oversized private parties and public gatherings, permitted and unpermitted and when the Police would intervene. Vice Mayor Penserga commented what happened this past Christmas has happened before and felt that people are taking advantage of the fact that it is a public space and it can accommodate large numbers. Vice Mayor Penserga asked if Chief Gregory has any recommendations on what we could do to mitigate this happing at Sara Sims again? Chief Gregory responded that there are additional measures the City can take. The City upgraded Sara Sims. Once the park was redesigned, they implemented security 10 Page 155 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 measures including emergency call boxes and license plate readers. He said he plans to talk with the park ranger supervisor and his patrol staff and speak with the Commissioner in the future with more recommendations. City Manager LaVerriere commented there is such a fine line on when to intercede. Most of the people gathered in that park that day were having a wonderful time and everybody was peaceful until somebody decided to drive by and shoot at the crowd. She did not know if it is totally possible to prevent, but staff can review park hours going into the evening times. The Commission can decide whether or not to close the park altogether in the evenings. They are drastic measures, but she did not know what else could be done. Mayor Grant believed that the issue was that the police were aware of people drinking there. After hours of drinking is when we need to make sure that our residents are safe. It was unnerving to see the video of our Community Leader of the Year running for his life because of shots being fired. Part of the video did not show any police near that situation. He acknowledged at the drop of a dime an event can turn violent. He wanted the police to be proactive and have a police presence there so that people do not come through and randomly shoot our residents. He thought the City cannot wait for something to else to happen. Vice Mayor Penserga commented that whatever the City does, the message has to be that Sara Sims is not the place for violence. He asked about alcohol and learned it is not allowed in public parks. Commissioner Hay stated the focus is on Sara Sims, yet he did not want the City to lose sight that there are other parks. He thought that more light in Sara Sims would help. Driving by at night, the park is dark. He asked if the Police respond to an anonymous tip of suspicious activity in the park? Or is it just normal activity? Chief Gregory stated if you think someone is serving alcohol in the park or some other violation, they will come out and investigate. The challenge is when they see an officer pull up in a marked unit, the activity is going to shut down. If they have an unmarked unit available, they can be dispatched to observe the subjects before they realize they are being observed. The department is trying to integrate the Real Time Crime Center into this mix. Now when we get a compliant about Sara Sims Park, we have sufficient cameras that we can see and record the evidence of that activity, and send a patrol car in afterwards. There are different ways to address this, but it has to start with people reporting to us. We need to know about it to respond. Commissioner Hay inquired about Citizen on Patrol program. Chief Gregory commented that he is an advocate of the program. He likes when folks are interested in patrolling their neighborhoods. The program has been slow this year. A lot of seniors have not participated in the program because of Covid. He would like to Page 156 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 see younger adults join the program and help police patrol their neighborhoods. Commissioner Katz commented that most of the City parks are open dawn until dusk. What are the hours of accessibility for Sara Sims Park? City Manager LaVerriere explained the City has a handful of parks that have lighted facilities for evening play. Typically, those parks are open until 9 or 10 in the evening. Commissioner Katz was concerned when a situation is brewing that violates City law and there are dozens and now hundreds of people showing up or they are drinking in the park. He thought the City should be enforcing the rules, but did not think that putting an additional six to eight officers in the park when there are 400 people there was going to help. He thought it should be up to the discretion of the police or the supervisor whether to send everybody home. In terms of the violent crimes and shootings, he thought no deterrent in the world was going to stop someone with a mentality like that. If there are more police there, he believed they would be stopped. He agreed the City should be proactive. If the Police think something can spiral out of control, they should err on the side of caution. Mayor Grant inquired about the assistance from the sheriff's department if we know that we have hundreds of people and do not have the manpower. Chief Gregory responded there are mutual aid agreements in place with our neighboring police departments including the sheriff's office to provide assistance if needed. Mayor Grant suggested that the City start planning for the next time there are hundreds of people in Sara Sims that are not causing any problems. He asked how to coordinate with neighboring law enforcement agencies so it is safe for people to be at the park. Chief Gregory replied the department already does so and will continue to do so, but cautioned, when people are lawfully socializing in the park in great numbers, the police cannot come in and run them off. It gives the Department and the City a black eye and they must be careful with how they address groups that are lawfully congregating. Commissioner Hay noted other cities, such as Delray, Pompano, West Palm and Rivera have similar situations and departments usually talk with one another about best practices and what they are doing to combat this situation. Commissioner Romelus commented they are talking about two separate problems and they are separate in how they should be addressed. They are discussing the issue on 23rd and the issue at Sara Sims Park and there are two different solutions to these two scenarios. Mayor Grant believed it was the same issue, it was just two different groups of people doing it and that the response should be similar. He wanted officers there to make sure the people that are using their First Amendment rights to use a public park or a public sidewalk are protected. 12 Page 157 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Commissioner Romelus commented the Sara Sims Park event was individuals gathering for some type of block party or community event, whether it was permitted or not. That gathering escalated into something atrocious. The situation is that it is a public park and they are allowed to gather. They may have been doing activities that were illegal at the time, but they are allowed to gather there. The bridge situation is completely different because it is a group of people choosing to rally or assemble or protest. In the process of doing that, they are potentially harming themselves and others. The bridge is not a public park. It is not a gathering spot that they can have one or two officers to make sure that things are safe, nothing escalates, they are not blocking traffic and motorists are not in jeopardy of having somebody jumping in their way. That she would agree with. She did not think the Sara Sims Park situation would be resolved with having one or two officers there, although it may prevent it from escalating into what happened on Christmas, but she did not think the two situations should be handled the same way. Chief Gregory explained both scenarios were gatherings in public places. The Police Department responds with a patrol unit to assess the character of the gathering, whether they are being sociable, civil and whether there is criminal activity occurring. Based on no laws being broken, they will monitor and stay in the area. If there is criminal activity taking place, they will intervene and address it. Ace Ratcliffe, 142 Southwest 13th Avenue, agreed with what Commissioner Romelus was saying about two separate situations. She noted she did not hear anything from Chief Gregory about having a non-violent task force or training for police officers with regard to the Sara Sims or the gatherings at the parks because all of the offenses that we are talking about in that situation are non-violent. It seems like we need training for this specifically. Ace, Ace's husband and sibling, in October and November, were counter protesting against the people who were on Golf Road. She conveyed that the police were called out there on several occasions. Ace inquired what the Chief was doing, in terms of the police having bias, because in the situations there, the police were called out because the protesters were breaking traffic laws. They were jaywalking, publicly intoxicated and publicly drinking. There were multiple situations. They were threatening homeowners and damaging property. The police that were called out did absolutely nothing about that and did not even look or interact with them as counter protesters. They were very chummy with the other protesters, but did absolutely nothing. Ace advised this was something that they saw repeatedly while they were out there on a schedule. These protests were every Friday night. The counter -protesters and homeowners did not feel safe or taken care of. Some police officers driving by in their vehicles were expressing support for the Trump supporters, even though they are supposed to be neutral while they are in their vehicles. Ace advised there is plenty of video and evidence of the laws that were being broken and the way that they were attacked, but the situation was not something that was taken care of for them. Ace thought a lot of discussions need to occur and they are not necessarily what the Commission was discussing. 13 Page 158 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant requested to bringing the item back in the beginning of March to allow the Commission to speak with the Chief to see if we can get some more information about what they can do to make the City of Boynton Beach as safe as possible. B. At the request of the commission, the Utility is pleased to present a summary of recent stormwater management improvements, current maintenance activities and planned work to address recent neighborhood flooding issues. Joe Paterniti, Utility Director gave a presentation on recent stormwater management improvements, current maintenance and planned work to address recent neighborhood flooding issues. Mayor Grant inquired if the work was completed on the Central Seacrest Corridor. Mr. Paterniti replied that the work is finally finished. Staff was working on the reconciliation change order on the project and working on the final payment to the contractor. Mayor Grant was happy the work was completed and thanked staff. He was aware the Sustainability Coordinator with the Utility Department was doing what she could to help with the stormwater. Commissioner Romelus inquired how will the City communicate this progress to residents and was informed once the work by the consultant is done, they will conduct public outreach to educate the public on the long-term plan. Mr. Paterniti advised they were currently in the development phase. Commissioner Romelus requested a visual report of the work currently being done. She believes it is important for residents to see that their concerns and their complaints are not going unnoticed. Commissioner Hay inquired about the grant money the north side of the City received for stormwater management and improvements. Mr. Paterniti commented the City received $850,000 for flood mitigation through FEMA. C. Discuss and provide direction for an ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Rebecca Harvey, Sustainability Coordinator, gave a brief presentation on the Ordinance prohibiting the use of polystyrene foam products in City facilities and on City property. Vice Mayor Penserga inquired about the three options that Ms. Harvey presented and if there was a deposit for cleanup after the use of one the City's facilities. Colin Groff, Assistant City Manager commented there are deposits that are required for cleanup after an event. The challenge has been inspecting the facilities after an event, but noted as the City develops its Park Ranger program, it will be easier to do. 14 Page 159 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Mayor Grant agreed with Vice Mayor Penserga and that option one and two should be implemented first. Therefore, if someone does not want to sign the Keep Boynton Clean Pledge, they will be required to pay the sustainability deposit. This way we are not limiting someone's use of Styrofoam or polystyrene foam, however they are incentivizing people not to use it. Mayor Grant requested that plastic confetti and helium balloons be part of the Ordinance. Commissioner Romelus thanked Ms. Harvey for the presentation and suggested that Ms. Harvey contact Ms. Uden of Oceana who would be a good resource to ensure the City has covered everything. Commissioner Katz inquired what happens if someone signs the pledge and then we discover that they did use Styrofoam or prohibited substances. He asked what would occur if they dispute the observation and continuously asks for their deposit back. Mayor Grant replied that the City is not going to inspect everybody all the time. The inspections are random. Commission Hay supported the measure and thought the City needed to implement the program overtime. Vice Mayor Penserga thanked Ms. Harvey for her work and asked what would be the number one thing that the Commission should pursue next? Ms. Harvey responded the reason they are banning polystyrene foam as the first low - hanging fruit is because it is so lightweight and blows away so easily. It is one of the most common forms of litter. Commissioner Romelus inquired if the City incorporated the provision into the City's businesses program. Ms. Harvey responded the City is starting to actively promote the Green Business Recognition program again after Covid. It is focused on no styrofoam, no plastic bags, and not giving out straws except upon request. Commissioner Romelus asked if this could be part of the Green Business initiative, but without penalties or adding any kind of fine, and instead use incentives where they would receive a perk for participating in this program? Ms. Harvey inquired if the Commission would like to include financial penalties in the Ordinance with the understanding that it will be educational only for a set period of time. Mayor Grant replied we have the deposit so we do not have to fine or charge them additional money. He supported the two options: The Keep Boynton Clean Pledge and the sustainability deposit. Commissioner Katz commented that the City is not at the stage where people who just show up with a cup that is not an approved cup be written a citation as if they committed a more serious infraction. 15 Page 160 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Jamie Hamilton, 2401 PGA Boulevard, Chair of the Palm Beach County Chapter of the Surfriders Foundation, explained they have been working with Ms. Harvey on getting this ordinance passed. There has been a lot of points made that we agree with on pointing out the issues of plastic pollution and how it affects everyone globally. It is a serious issue whether it comes to giant pieces of plastic that are easy to pick up or the more invasive micro plastics that are the crucial issue here. Foam is not only light and blows away, it breaks into micro plastics a little faster, not as bad as the other plastics, but just faster than other plastics will turn into micro plastics. It is an urgent issue to tackle first. Also, we fully agree with having the educational period in the beginning. We have seen other cities have success with having the six months to a year period of just educating the public and businesses on why it is so important to follow this ordinance and why it is so important to move away from plastics and more importantly cut it off from its source. After that first year, we have seen many cities have huge success with actually having a fee implemented. Encouraging people to make that change in their behavior is the hardest thing to do. She explained they are a volunteer -based Chapter in Palm Beach County and we do have a lot of resources offer for you. She referenced their ocean friendly food ware guide and stated they would love to be a part of the education process with the City and help you any way that we can. Tom Warnke, Worcester Road, volunteer as stakeholder liaison for the Palm Beach County Chapter of Surf Rider Foundation, helped start the chapter here 22 years ago. He pointed out sustainability is becoming much more of a priority in Boynton Beach with the great work of Ms. Harvey and the Commission and they have learned over the years, erroneously, that polystyrene takes more than 100 years to break down. He announced the truth is that it never goes away. It gets smaller and most of it in the water sinks in the ocean. It gets small enough to be eaten by larval fish, the little tiny almost microscopic versions of fish and shrimp. Studies have shown they have all got plastic in their stomachs. It is so small it goes into their flesh. The fish gets eaten by a larger fish and straight into the food chain of humans. That is the danger. That is the compelling reason why Boynton Beach should regulate polystyrene on all City property. Mary Mertz commended Ms. Harvey on the wonderful job she did. She is a former resident of Boynton Beach speaking tonight because air and water have no boundaries nor does styrofoam. It quickly becomes airborne and gets everywhere. Plastics clog storm drains, exacerbate localized flooding, increase pathogen -born disease and increase property damage which results in higher insurance costs. Plastic waste requires constant cleanup and non -recycled plastics add to solid waste management loads, resulting in higher cost for governments and taxpayers. Micro -plastics threaten human health and safety, particularly in children. She commended the City for their foresight in addressing this issue. A survey conducted by FAU in April 2020 shows that 68% of Floridians are concerned about environmental health and access to clean water while only 28% said that state, county, and city governments were doing enough to address it. She commented consumers aren't driving the demand for polystyrene food packaging products, they are simply not being given a choice. Many cities, states, counties and entire 16 Page 161 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 nations have passed plastic reduction policies with incredibly successful results. Eco - friendly products have become more readily available, making it easier for business owners to switch to plastic -free alternatives and many socially responsible business owners, many in our coastal cities here in Palm Beach County, have already done so. We know that by reducing the proliferation of single -use plastics, we can reduce real threats to our health, property, economy, and future quality of life. South Florida is a tourist -based society, and these plastics threaten our tourism dependent jobs and economy, particularly our fishing and scuba industries. Catherine Uden, Oceana, addressed some of the concerns that were raised as far as banning things on City property and stated it becomes a little bit trickier with enforcement as opposed to a complete ban. As a mom, she worries that the next generations are going to wonder why they didn't do something sooner. She agreed there are entire nations that are banning these products and Florida is falling behind the mark. Florida should be the leader considering itis surrounded by water. Tourism and beaches, coral reefs and ocean life is important to the State. The plastic crisis is getting too great for voluntary actions alone, but even if enforcement is tricky, ordinances like this bring about education and awareness and it really does encourage people to change their habits and for businesses to change. She offered to conduct voluntary education in the City. The great thing about these ordinances in some of the cities where they have passed actually 27 cities are among municipalities have straw ordinances and 19 other municipalities have passed some sort of other plastics or foam ordinances. Every little bit that we can reduce is important. this will send a message to Tallahassee that our local governments care about this issue. Mayor Grant commented what happens if a City employee gets a polystyrene cup and then brings it into City Hall. Are we going to require all of the employees to make the pledge or put a sustainability deposit if they are bringing in outside food as well? Ms. Harvey responded they need an educational period to educate staff just as we are education everyone else. During that time, one the first things we will do is to develop an internal policy for our own gatherings and our own functions with staff and what happens even if, after all the education, someone violates the policy. D. Points of Distribution Sights Mayor Grant commented Vice Mayor Penserga, requested to have a letter drafted to the Department of Health in Tallahassee about working with non-profit organizations to help distribute the vaccine. The City has its own facilities to do that. He believed the City already wrote the letter to Palm Beach and the Health Department and it went to Tallahassee as well. He had no objections to writing a letter for any non-profit or association that wants to work with the City the issue that you have is that when you're dealing with certain associations, availability is limited to that association. We have a lot of residents that are 55 and older we want to make sure that it is open to all of our residents. 17 Page 162 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Vice Mayor Penserga wanted to increase the City's chances of becoming a Point of Distribution for the vaccine. If working with a church is what does it, then he thought maybe the City should give it a try. He mentioned Christ Fellowship earlier, because of the City's previous history with them with the food distributions. He did not suggest that is the only partner he was interested in working with. He thought it was a really strong argument that they can do a food distribution in one day of 10,000 people at one point. Christ Fellowship in Port St. Lucie has their own vaccine distribution. If the City were to partner with a known entity that is also already doing a vaccine distribution in Port St. Lucie, it may increase the chance to become a Point of Distribution site. Mayor Grant inquired if the Vice Mayor Penserga would like to make a motion to have the City Manager send a letter with any non-profit organization, whether a church, synagogue, mosque or other type of charity to become a point of distribution site. City Manager LaVerriere inquired if we do partner with any non-profit to become a distribution site, who would administer the vaccinations? She asked if the City's fire department personnel would. She cautioned she would be careful to open it up to just any and all non -profits because they will be knocking the door down to ask for our support and we will not be able to do that. Vice Mayor Penserga responded that he is not opening this to any group, he specifically mentioned Christ Fellowship because of the prior experience and the fact that they are already doing this in Port St. Lucie. He spoke to Pastor Bob Bender and who told him about it. He is in the process of getting more information and he has already clearly indicated that he is open to joining a group letter. Mayor Grant suggested bringing this back at the next meeting to approve any sort of letter of intent from Christ Fellowship to partner with them. This way they will have an understanding what they are requesting of us rather than an open-ended partnership. We would need the all the information from Christ Fellowship for them to become a point of distribution site and what resource they would want from the City of Boynton Beach. Commissioner Hay was aware that St John's has been selected as a point of distribution. He also heard that the State is taking over everything as far as administering and that the St John people are not really involved, except for the use of the facility and its location. City Manager LaVerriere commented she reached out to County Administrator Baker but has not heard back. She understood that there is supposed to be a distribution on Friday and that the distribution should not be limited to just the church or any on specific community. It needs to be open to everybody. When she touches base with County Administrator Baker she will apprise the Commission so they can potentially be of assistance on Friday. Mayor Grant authorized the City Manager to do whatever the City can to have a point of Page 163 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 distribution site in the City of Boynton Beach. At the next meeting, they will hear from Christ Fellowship and what they would request exactly. Then we will see what happens with St. Johns. The issue is that this a changing timeline with everything that is occurring and it is going to get even more complicated in the future if they do not have a plan of action now. Motion Vice Mayor Penserga moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. 21-021 - Approve and authorize the Mayor to sign the Interlocal Agreement and Purchase & Sale Agreement for the Historic Women's Club of Boynton Beach. Motion Commissioner Katz moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. B. Vice Mayor Penserga and representative from Feeding South Florida will discuss options for coordinating a day of service at their newly built facility in Boynton Beach. Vice Mayor Penserga commented the Feeding South Florida's community kitchen is completed and they are packaging food for City residents. He thought they could organize a commission event, something they could do as a group that would send a great message to the City. He asked if the Commission was being willing to do something together or separately? He requested Leslie Schwab, Feeding South Florida to tell them more about what they might be able to expect if they were to volunteer in your new community kitchen. Leslie Schwab, Feeding South Florida replied the community kitchen is now open. They have volunteer shifts Monday through Friday in the 8:30 in the morning and 1:30 in the afternoon. They are packaging food twice a day five days a week and they would love to have you come in and volunteer. City Manager LaVerriere, commented that she talked about having city employees volunteer for a couple of hours during the day. We will work toward that now that the community kitchen is open. 12. Legal A. Proposed Ordinance No. 20-003 - First Reading - Approve a revision to City 19 Page 164 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 Ordinances section 9-3 (c) to include Photovoltaic systems. Attorney Cherof read Proposed Ordinance No. 21-003 by title only on First Reading. Mayor Grant inquired if the Ordinance includes battery generation. Fire Chief Stables responded that the City is adopting the Fire Code as required in the Building Code. The last time the Code came forward to the Commission, a word was deleted from the Ordinance. This Ordinance is making that correction. Motion Commissioner Hay made a motion to approve. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. 13. Future Agenda Items A. Consider ordinance for year-round irrigation that has been requested by South Florida Water Management District. - February 16, 2021 B. Award of Task Order for Design Services for Gulfstream Blvd. Improvements - February 16, 2021 C. Amendment to ILA with Delray Beach for Gulfstream Blvd. Improvements - February 16, 2021 D. ILA for Sara Sims Park Pavilion Improvements - March 16, 2021 E. Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 F. Mayor Grant requested information on the water quality of canal systems within the City. - March 2021 G. Vice Mayor Penserga requested a discussion regarding a City Mural Program - March 2021 H. Present option for management of canal assessment program - March 2021 I. Voluntary Sustainability Payment on Water Bills — April 2021 J. Discussion on funding for expanding Wi-Fi to City parks. - April 2021 K. Monuments of City Property - April 2021 L. Discussion of LOI process for sale of city land — TBD Commissioner Romelus requested adding to Future Agenda a discussion on CDBG 20 Page 165 of 527 Meeting Minutes City Commission Boynton Beach, Florida February 2, 2021 funding to include CRA businesses. Mayor Grant also requested, for Future Agenda Items preparing a resolution for maintenance for State Road 5, 1-95 because they are doing some projects on Gateway and Boynton Beach Boulevard within the next few years and he wanted to make sure they will have reclaimed water to water those areas and political signs that are still up. He wanted to authorize Community Standards to let residents and business owners know it's been 30 days since the election. If the candidate is not currently running for office, that they cannot have political signs in their yards. John McNally, ITS Director, stated as a reminder, a recorded version of this session would be posted to the City of Boynton Beach's YouTube channel. Links to that channel are available on the City of Boynton Beach's website, at www. Boynton Beach.Org. This concludes tonight's meeting. 14. Adjournment There being no further business, Mayor Grant adjourned at 9:15 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 21 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Ty Penserga Commissioner—Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus Page 166 of 527 Consent Agenda 3/2/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 2, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Schmidt Nichols; General Planning RFQ No. 049- February 13, As Needed Gentile Glas Services 2410-17/IT 2021 thru Holloway O'Mahoney R18-014 February 12, & Associates; The 2022 Mellgren Planning Group Wantman Group; Professional Survey RFQ No. 067- April 1, 2021 As Needed Avirom & Associates; and Mapping Services 2821-16/TP R17- thru March 31, W hidden Surveying; 028 2022 Engenuity Group Zambelli Fireworks July 4th Fireworks RFP No. 007-2710- May 1, 2021 $66,000 Show 18/IT thru April 30, 2022 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). 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. Page 167 of 527 Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D AttachirTIENI'lt Bid EAENI'lSioins aind Riggy backS UlindE)r $100,000, D AttachirTIENI'lt (.,)E)1['1E)ir4a Raininiing SE)ir-\ACE)S Schirnidt Mcho�s D AttachirTIENI'lt (.,)E)1['1E)ir4I Raininiing SE)ir-\ACE)S I lo�1ow"..'.1y D AttachirTIENI'lt (.,)E)1['1E)ir4a Raininiing SE)ir-\ACE)S ME) ME)�Igir'E)11'1 ('34'6"DLAP D AttachirTIENI'lt ind SLAir'vey aMappiing SE)irvCE) iS A�Airoiryl & AssociatE)S D AttachirTIENI'lt SLAir'vey aind Mappiing SE)irviCE)S E111gENIRARY ('34'6" LA. P D AttachirTIENI'lt SLAir'vey aind Mappiing VV (':) I D AttacftrT1E)1['1t SLAir'vey aind Mappiing SE)irviCE)S VV Ih iddEs11'1 D AttacftrT1E)1['1t F:::iir'E)W(Yr'ks Eveint ZairnbE)�Ii F:::iir'E)W)ir'ks Page 168 of 527 REQUESTING DEPARTMENT.- DEVELOPMENT AND PUBLIC WORKS DEPARTMENT CONTACT: PATSY GRISSOM AND ANDREW MACK TERM: February 13, 15, and 22, 2021 through February 12, 14, and 21, 2022 SOURCE FOR PURCHASE: City Issued RFQ No. 049-2410-171IT; Resolution No. R18-014 ACCOUNT NUMBER: AS REQUIRED VENDOR(S): SCHMIDT NICHOLS; GENTILE GLAS HOLLOWAY O'MAHONEY & ASSOCIATES, THE MELLGREN PLANNING GROUP, A SEPI COMPANY DESCRIPTION: On February 6 2018, City Commission approved the City Manager to sign individual agreements with the above listed firms for "General Planning Services" based on the recommendation of the Evaluation Committee. The initial contract term was three (3) years with the option to renew for two (2) additional one-year terms. These agreements allow the Development Department to issue task orders as needed for capital improvements. The departments would like to extend these agreements for an additional one-year term. REQUESTING DEPARTMENT.- UTILITIES DEPARTMENT CONTACT: ANGELA PRYMAS TERM: April 1, 2021 thru March 31, 2022 SOURCE FOR PURCHASE: City Issued RFQ No. 067-2821-16/TP; Resolution No. R17-028 ACCOUNT NUMBER: AS REQUIRED VENDOR(S): WANTMAN GROUP, INC.; AVIROM & ASSOCIATES, INC.; WHIDDEN SURVEYING AND MAPPING, INC.; ENGENUITY GROUP, INC. DESCRIPTION: At the City Commission meeting of March 21, 2017, Commission authorized the City Manager to sign agreements for "Professional Survey and Mapping Services" with the four firms noted above. The initial contract period was three (3) years with two (2) one-year renewals. This is the second and last renewal for this RFQ. All firms have agreed to renew for an additional one-year term. Individual task orders will be generated when specific projects are identified. The Schedule of Professional Fees as provided by each firm will be used as the basis for the overall cost of each task. REQUESTING DEPARTMENT.- SPECIAL EVENTS DEPARTMENT CONTACT: ELEANOR KRUSELL TERM: May 1, 2021 thru April 30, 2022 SOURCE FOR PURCHASE: City Issued RFP No. 007-2710-181IT; Resolution No. R18-067 ACCOUNT NUMBER: 001-1213-519-48-24 VENDOR: ZAMBELLI FIREWORKS ANNUAL EXPENDITURE: $66,000 DESCRIPTION: The City Commission authorized the City Manager to sign a three (3) year Agreement with Zambelli Fireworks to provide a fireworks show for the July 4t'' celebration at Intracoastal Park. The Agreement also includes a barge rental for utilization of the fireworks show. The Agreement allows for the option to renew for two additional one-year terms. This would be the first renewal term. The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 2, 2021 Schmidt Nichols 1551 N. Flagler Drive, Suite 102 West Palm Beach, FL 33401 ATTN: Jon E. Schmidt, President VIA E-MAIL TRANSMITTAL: jschmidt@snlandplan.com RFQ: GENERAL PLANNING SERVICES RFQ No.: 049-2410-17/IT CURRENT CONTRACT TERM: FEBRUARY 13, 2018 through FEBRUARY 12, 2021 Dear Mr. Schmidt: The current contract term for GENERAL PLANNING SERVICES expires on February 12, 2021. The contract allows for two (2) additional one (1) year extensions; the City of Boynton Beach would like to extend the contract for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to alibrandig@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. If you agree to renew, please include an updated Certificate of Insurance naming the City of Boynton Beach as additional insured. Thank you for your consideration. Sincerely, jyj"' aa. -L -A.0 Mara Frederiksen Director of Financial Services C: Patsy Grissom, Development Services Manager Andrew Mack, Director of Public Works and Engineering Kristeena Pinto, Purchasing Manager America's Gateway to the Gulf Stream Page 170 of 527 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 February 2, 2021 Agreement between the City of Boynton Beach and SCHMIDT NICHOLS; CONTRACT RENEWAL TERM: FEBRUARY 13, 2021 THROUGH FEBRUARY 12, 2022 X Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) SCHMIDT NICHOLS NAME OF COMPANY Jon E. Schmidt ° .....M NAME OF REPRESENTATIVE (please print) og- I w j 'Mwl DATE schmidt@snlandplan.com E-MAIL President TITLE _(561) 684-6141 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 171 of 527 The City of Bounton Beach Financelprocurement Services P.(lBox 320 19 Boynton Beach, Florida 334Z5-O9I0 Telephone No: (561)742'6J20 FAX, (56I)742 -6J26 February 2, 2021 Gentile GbsHolloway O'Mahoney &Associates 10O7Commerce Lane, Suite 101 Jupiter, FL 33458 ATTN: DndiG|aa VIA E-MAIL TRANSMITTAL: RFCl: GENERAL PLANNING SERVICES RFQNm.: 040-241047/|T CURRENT CONTRACT TERM: FEBRUARY 15,2018 through FEBRUARY 14,2021 Dear Dodi Glas The current contract term for GENERAL PLANNING SERVICES expires on February 14.2D21. The contract allows for two (2) additional one (1) year extensions; the City of Boynton Beach would like to extend the contract for an additional one-year period with the same terms and conditions. P|eomu indicate your response on the following page and return it to Procurement Services via email to atyour earliest convenience. |fyou should have any questions, please donot hesitate to call Ju|ieA|ibnyndi at (561) 742-6318. If you agree to renew, please include an updated Certificate of Insurance naming the City ofBoynton Beach auadditional insured. Thank you for your consideration Sinoerely, Mara Frederiksen Director ofFinancial Services C: Patsy Grissom, Development Services Manager Andrew Mack. Director of Public Works and Engineering KristeenaPinto, Purchasing Manager America's Gateway to the Gulf Stream The City of Boynton Beac-h Finonce/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 2, 2021 Agreement between the City of Boynton Beach and GENTILE GLAS HOLLOWAY OWAHONEY & ASSOCIATES. CONTRACT RENEWAL TERM: FEBRUARY 15, 2021 THROUGH FEBRUARY 14, 2022 X Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) GENTILE CLAS HOLLOWAY OWAHONEY AND ASSOCIATES NAME OF COMPANY SIGNATURE Dodi Glas NAME OF REPRESENTATIVE (please print) 2/5/2021 DATE Dodi@2gho.com E-MAIL Partner TITLE 561-575-9557 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 173 of 527 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 2, 2021 The Mellgren Planning Group A Sepi Company 3350 MW 53RD Street. Suite 101 Fort Lauderdale, FL 33309 ATTN: Michele Mellgren, President VIA E-MAIL TRANSMITTAL: mmellgren@sepiinc.com RFQ: GENERAL PLANNING SERVICES RFQ No.: 049-2410-17/IT CURRENT CONTRACT TERM: FEBRUARY 22, 2018 through FEBRUARY 21, 2021 Dear Ms. Mellgren The current contract term for GENERAL PLANNING SERVICES expires on February 21, 2021. The contract allows for two (2) additional one (1) year extensions; the City of Boynton Beach would like to extend the contract for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to alibrandii(@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. If you agree to renew, please include an updated Certificate of Insurance naming the City of Boynton Beach as additional insured. Thank you for your consideration. G Mara Frederiksen Director of Financial Services C: Patsy Grissom, Development Services Manager Andrew Mack, Director of Public Works and Engineering Kristeena Pinto, Purchasing Manager America's Gateway to the Gulf Stream Page 174 of 527 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 America's Gateway to the Gulf Stream Page 175 of 527 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 2, 2021 Agreement between the City of Boynton Beach and THE MELLGREN PLANNING GROUP, A SEPI COMPANY; CONTRACT RENEWAL TERM: FEBRUARY 22, 2021 THROUGH FEBRUARY 21, 2022 X Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) THE MELLGREN PLANNING GROUP, A SEPI COMPANY NAME OF COMPANY Michele Mellgren, AICP NAME OF REPRESENTATIVE (please print) February 4, 2021 DATE MmellgrenC@sepiinc.com E-MAIL 0 SIGNATURE Vice President — Planning TITLE 954-475-3070 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 176 of 527 The City of Boynton Beach February 3, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Avirom & Associates, Inc. 50 SW 2nd Avenue, Suite 102 Boca Raton, FL 33435 ATTN: Michael D. Avirom VIA E-MAIL TRANSMITTAL: Mike@aviromsurvey.com RFQ: PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ No.: 067-2821-16/TP CURRENT CONTRACT TERM: APRIL 1, 2020 THROUGH MARCH 31, 2021 Dear Mr. Avirom: The current contract term for PROFESSIONAL SURVEY AND MAPPING SERVICES expires on March 31, 2021. The contract allows for the last of the two one-year renewals. The City of Boynton Beach would like to extend the contract with your Firm for the additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to alibrandii _bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. If you agree to renew, please include an updated Certificate of Insurance naming the City of Boynton Beach as additional insured. Thank you for your consideration. Sincerely, Mara Frederiksen Director of Financial Services C: Kristeena Pinto, Purchasing Manager Angela Prymas, Utilities Senior Engineer Taralyn Pratt, Contract Coordinator America's Gateway to the Gulf Stream Page 177 of 527 The City of Bounton Beach February 3, 2021 Agreement between the City of Boynton Beach and AVIROM & ASSOCIATES, INC.; CONTRACT RENEWAL TERM: APRIL 1, 2021 THROUGH MARCH 31, 2022 V Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) AVIROM & ASSOCIATES, INC. NAME OF COMPANY SIGNATURE Michael D. Avirom President NAME OF REPRESENTATIVE TITLE (please print) February 4, 2021 561-392-2594 DATE (AREA CODE) TELEPHONE NUMBER mike@aviromsurvey.com E-MAIL America's Gateway to the Gulf Stream Page 178 of 527 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 February 3, 2021 Agreement between the City of Boynton Beach and ENGENUITY GROUP, INC.; CONTRACT RENEWAL TERM: APRIL 1, 2021 THROUGH MARCH 31, 2022 Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) ENGENUITY GROUP, INC. NAME OF COMPANY C. Andre Rayman, PSM NAME OF REPRESENTATIVE (please print) 2/5/2021 DATE arayman@engenuitygroup.com E-MAIL SIGNATURE President TITLE (561) 655-1151 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 179 of 527 I Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 3, 2'021 Agreement between the City of Boynton Beach and WANTMAN GROUP, INC. (WGI); CONTRACT RENEWAL TERM: APRIL 1, 2021 THROUGH MARCH 31, 2022 Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the foilowing reason(s) WANTMAN GROUP, INC. (WGI) T EN 04 �00 , �,_ -1 k Eric Matthews, PSM NAME OF REPRESENTATIVE (please print) 2/4/21 DATE Eric. Matthews65)wq in c. com E-MAIL SIGNATURE Area Manager TITLE 561-687-2220 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 180 of 527 The City of 'Rounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 February 3, 2021 Whidden Surveying & Mapping, Inc. 9200 Belvedere Road, Suite 114 Royal Palm Beach, FL 33411 ATTN: Thomas Whidden VIA E-MAIL TRANSMITTAL: tom@whiddensurveying.com RFQ: PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ No.: 067-2821-16ITP CURRENT CONTRACT TERM: APRIL 1, 2020 THROUGH MARCH 31, 2029 Dear Mr. Whidden The current contract term for PROFESSIONAL SURVEY AND MAPPING SERVICES expires on March 31, 2021. The contract allows for the last of the two one-year renewals. The City of Boynton Beach would like to extend the contract with your Firm for the additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to alibrandii ,bfl.us at your earliest convenience. if you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. If you agree to renew, please include an updated Certificate of Insurance naming the City of Boynton Beach as additional insured. Thank you for your consideration. Sincerely, lylow aa." Mara Frederiksen Director of Financiai Services C: Kristeena Pinto, Purchasing Manager Angela Prymas, Utilities Senior Engineer Taralyn Pratt, Contract Coordinator America's Gateway to the Gulf Stream Page 181 of 527 The City of Bounton Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-5310 FAX: (561) 742-6316 February 3, 2021 Agreement between the City of Boynton Beach and WHIDDEN SURVEYING & MAPPING, INC.; CONTRACT RENEWAL TERM: APRIL 1, 2029 THROUGH MARCH 31, 2022 X Yes, I agree to renew the existing contract with the same terms and conditions for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) WHIDDEN SURVEYING & MAPPING, INC. NAME OF COMPANY Thomas Whiden NAME OF REPRESENTATIVE (please print) 04Feb2021 DATE tam@whiddensurveying.com E-MAIL SIGNATURE President TITLE (561)790-5515 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 182 of 527 The City of Sounton Beach Finance/Procurement Services P.D. Box310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 26, 2021 RFP: RFP FOR FIREWORKS DISPLAYS RFP No.: 007-2710-1811T Agreement between the City of Boynton Beach and Zambelli Fireworks Mfg. Co. RFP RENEWAL TERM: MAY 1, 2021 THROUGH APRIL 30, 2022 Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) ZAMBELLI FIREWORKS MFG. CO. NAME OF COMPANY NAME REPRESS g kVE (please print) -� /// 420/ DATE E-MAIL TITLE 1-3915 _j ZA (AREA CODE) TELEPHONr NUMBER America's Gateway to the Gulf Stream Page 183 of 527 7.A. Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 2, 2021 - "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 Clean Space Janitorial Services for 010-2511-19/IT March 1, 2021 $250,000 (formerly known as City buildings thru February Kelly Janitorial) 28, 2022 USP Technologies Supply of hydrogen 01 3-2821-17/J MA April 1, 2021 $210,000 peroxide for thru March 31, wastewater odor 2022 control Landscaping Services 034-2821-18/IT September 6, $260,000 Vincent & Sons for Utility sites, 2020 thru Landscaping and including lift stations, September 5, Cayco Landscaping storage tank and water 2021 plant sites. 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. Page 184 of 527 Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttacftrT1E)1['1t Description Bid EAE)insioins aind IRiggy backs dE)SCriptioins Jainitorlia SE)irviCE)S for CityIC: L.JiUiings VVastE)W,'.-'.1tE)ir' Odor Cointiro... U&P TbchinologiE)S LJUlRiE)S I aindsca�PE) IMai1['1tE)ina1['KE) Vill'ICE)II-It & soins LJUlRiE)S I aindsca�PE) IMai1['1tE)ina1['1E) Cayco I aindscapiing Page 185 of 527 REQUESTING DEPARTMENT.- Public Works DEPARTMENT CONTACT: Gail Mootz TERM: March 1, 2021 thru February 28, 2022 SOURCE FOR PURCHASE: City Bid 010-2511-1911T ACCOUNT NUMBER: 001-2511-519-34-10 VENDOR(S): CLEAN SPACE (formerly known as Kelly Janitorial Systems) ANNUAL ESTIMATED EXPENDITURE: $250,000 DESCRIPTION: On February 5 2019, City Commission approved a two-year award to Kelly Janitorial Systems, Inc. for janitorial services for City buildings and facilities. Kelly Janitorial was subsequently purchased by Clean Space and effective March 1, 2021, Kelly Janitorial Systems became Clean Space. This bid allows for three (3) one-year renewals and Clean Space has agreed to renew. They have provided the City with a new Performance and Payment Bond and an updated certificate of insurance with a fidelity bond. REQUESTING DEPARTMENT.- Utilities DEPARTMENT CONTACT: Tremaine Johnson TERM: April 1, 2021 thru March 31, 2022 SOURCE FOR PURCHASE: City Bid No. 013-2821-171JMA ACCOUNT NUMBER: 401-2816-536-52-35 VENDOR(S): USP TECHNOLOGIES ANNUAL ESTIMATED EXPENDITURE: $210,000 DESCRIPTION: The City of Boynton Beach issued a bid for the Utilities Department for the purpose of reducing hydrogen sulfide levels sufficiently to control odors and corrosion in wastewater in a cost efficient manner, and to provide a solution to its odor and corrosion control requirements to include all necessary chemicals, equipment and services for a complete and operable odor/corrosion control system. The bid was awarded to USP for a period of two years; with three (3) additional one-year terms with the same terms and conditions and pricing. USP has agreed to renew the bid for the last available one-year term. REQUESTING DEPARTMENT.- Utilities DEPARTMENT CONTACT: Angela Prymas TERM: September 6, 2020 thru September 5, 2021 SOURCE FOR PURCHASE: City Bid No. 034-2821-1811T ACCOUNT NUMBER: 401-2824-536-46-98; 401-2816-536-46-98 and 401-2811-536-46-98 VENDOR(S): VINCENT & SONS LANDSCAPING AND CAYCO LANDSCAPING ANNUAL ESTIMATED EXPENDITURE: $260,000 DESCRIPTION: At the Commission meeting of 9-6-2018, City Commission awarded the bid for Landscape Maintenance Services for Utility Sites to Cayco Landscaping and Vincent and Sons Landscaping. The Bid Term was from September 6, 2018 to September 5, 2020. The Utilities Department has been very satisfied with the performance of these two landscape companies and Utilities has requested to extend the bid term for an additional year with the same terms, conditions and pricing. The City of Boynton Beach February 2, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Clean Space, Inc. (formerly Kelly Janitorial Systems, Inc.) P.O. Box 670577 Coral Springs, FL 33067 ATTN: Mr. Matt Giunco VIA E-MAIL TO: mg@cleanspaceonline.com BID: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES BID No: 010-2511-19/IT CURRENT TERM: March 1, 2019 through February 28, 2021 Dear Mr. Giunco: The current term for the bid "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) expires February 28, 2021. The bid documents allow for three additional one year renewals with the same terms, conditions and pricing. The City of Boynton Beach has been pleased with your service and would like to renew the bid for an additional one year term. If you agree, please submit an updated Payment and Performance Bond in the amount of $50,000; an updated Certificate of Insurance naming the City of Boynton Beach as an additional insured and which includes a Blanket Fidelity Bond in the amount of $10,000. Please indicate your response on the following page and return it to Julie Alibrandi, Sr. Buyer, via email. , at alibrandii(@bbfl.us. Thank you and if you have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. Sincerely I*k,L Mara Frederiksen Director of Financial Services C: Kristeena Pinto, Purchasing Manager Gail Mootz, Project Supervisor Adrianna Greco-Arencibia, Assistant to the Director of PW File W America's Gateway to the Gulf Stream Page 188 of 527 The City of Boynton Beach February 2, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 BID: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES BID No: 010-2511-19/IT Agreement between the City of Boynton Beach and CLEAN SPACE INC. AGREEMENT RENEWAL TERM: MARCH 1, 2021 THROUGH FEBRUARY 28, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) CLEAN SPACE INC. NAME OF COMPANY matt giunco NAME OF REPRESENTATIVE (please print) 02/04/2021 DATE mg@cleanspaceonline.com kA"T SIGNATURE operations manager TITLE 9548805188 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 189 of 527 The City of Boynton Beach January 27, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Tom Siller USP Technologies 1375 Peachtree Street NE, Suite 300 Atlanta, GA 30309 VIA EMAIL TRANSMITTAL TO: tsiller ausptechnologies.com BID: "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" BID NO. 013-2821-17/JMA CURRENT BID TERM: APRIL 1, 2020 THROUGH MARCH 31, 2021 Dear Mr. Siller: The current agreement term for "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" awarded to USP Technologies expires March 31, 2021. We have been very pleased with USP Technologies' product and service. The bid documents allow for the last one-year extension. The City of Boynton Beach would like to extend the bid for the final one-year term with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to alibrandi bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. Sincerely, Mara Frederiksen Director of Financial Services cc: Joseph Paterniti, P.E., Utility Director Taralyn Pratt, Contract Coordinator File America's Gateway to the Gulf Stream Page 190 of 527 The City of Boynton Beach January 27, 2021 Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 BID: "WASTEWATER ODOR CONTROL CHEMICALS AND SERVICES" BID NO. 013-2821-17/JMA Agreement between the City of Boynton Beach and USP Technologies: BID RENEWAL TERM: APRIL 1, 2021 THROUGH MARCH 31, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) USP Technologies NAME OF COMPANY Tom Siller NAME OF REPRESENTATIVE (please print) February 9, 2021 DATE tsillerp_usptechnologies.com E-MAIL SIGNATURE;,' General Manager TITLE (804) 935-2467 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 191 of 527 r The City of ,kcVA.tq!jBeach Mr. David Vincent Vincent and Sons Landscaping, Inc, 1220 W. Industrial Ave. #5 Boynton Beach, F1_ 33426 VIA E-MAIL TO: da %1E vandslmidsc Oft? BIDLANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES (WASTEWATER LIFT' STATION SITES AND STORMWATER MGMT. SITES) BID No: 034-2821-18/1"1" CURRENT TERM: September 6, 2018 thru September 5, 2020 Dear Mr, Vincent-, The current term for Landscape Maintenance Services for Utility Sites expired September 5, 2020. Per the Bid Special "Terms and Conditions, the City reserved the right to automatically extend the bid term for an additional six months. The City of Boynton Beach is pleased with your services and would like to renew the bid for an additional one year term with the same terms and conditions and pricing. Please indicate your response on the following page and return it to Julie Alibrandi via email at pI�fl,)Twlr(tVt�Npat your earliest convenience. Thank you and if you have any questions, please do not hesitate to call Julie Alibrandi at (561) 742-6318. Sincerely I*k.L aa.;J� Mara Frederiksen Director of Financial Services C-. Kristeena Pinto, Purchasing Manager Angela Prymas, Utilities Senior Engineer Taralyn Pratt, Contract Coordinator am America's Gateway to the Gulf Stream Page 192 of 527 BID: LANDSCAPE MAINTENANCE SERVICES FOR UTILITT'Y SITES (WASTEWATER LIFT STATION SITES AND ST RMWATER M MT. SITES) BICC No: 034 2321-18/11' Agreement between the City of Boynton Beach and VINCENT AND SONS LANDSCAPING, INC. V Yes, I agree to renew the existing agreement under the same terms, conditions and pricing for an additional one-year term. __....__ _.. o, I do not wish to renew the agreement for the following reason(s) VINCENT AND SONS LANDSCAPING, N o �JAME: CSF COMPANY SIS A��.m....... NAME OF REPRESENTATIVE (please print) LA E 221 E-MAIL M1, TIT ~° u . (AREA ODE) TELEPHONE NUMBER America's Gateway to the Gua f Stream Page 193 of 527 The 03ity o , fl, Bqynton Beach Febinimy 11), 2021 FiHarx-v/Proruer m ur,154--ro c es, 60yniton Florida ? Yek,W;00f, NO: �561J .742. 653,10 m.2-6325- Dm4d Gonmalcz, P�resident' Cayno L.andscapIng 1 ID0 NVV 1,5" Avenue Pompano Bii FL, :330,6W,; VIA E-MAIL Ti SID: LANDSCAPE IMAINTIEINANtE SE-RVC7=$, FOR U7LITY' SITES pNASTEIj`VATT-;R LIFT STATlC,N SITES AND STaR?d7VVA7ER Ii S17ES) BED No'. 024 -25Z1 -I 8,f74T CURRENT TERM SEP tamber, 6, 2CJ-I,a thw, Soptenibur 5, 202Q Dean Mir, Gonzate-z -IIY,' CUITWIL term for I-andsclapeVlaiinler�,wwce Siervicim' for';Lftilfty &tics ampked Septembp,,r 51, Ply the Sid piii 7kirms and Conditions, titje City rtsrjNed the 69N tm Rut,0mitiinIly axtend Che bid termmfr�r an sd ditional si�x monl. The alYo,f BoYnAnnBeachIIs ip,easedv0tlri y1oursenAmr, and viiii liktalb irarum Lhe bid for iii addidonal one, year Man with 'Hie same 1F,-,,rms-,qj[,j�oijjd No ins and pd -in g.. Plieuse indicqte YCKH" rOSP(.inse i the finl[ciWing Ipage and, rotum 74 to ulip Alih,in.,xindd at at pav padi�iest corivowiione.6. Thmnk ylauand if You t'mve arve Q ulostion s, plmm,e dn, m � hic-GiLado 10 Calf, J'Ldie Alt,rand'i at (561 � 'T42-63 18. Siincerely FW77i 77-7 4� Mwa Frededk&an Dirpc,tarof Financtal Kiisteena Plinto, Purchasiir-q Mmisige.ir Ange]sPrymcqs, L*41,iras Senior Engiineer Tiar,21,re Pratt, Cortrart Coordinator yrrai Amenco-'s i cma!fs�rrcvm, Page 194 of 527 Fib= r-rvpmr urrm (-, P, r W*c- 5 P.D. Box.? 10 SOV77h:W1 IJVUdA' Treiephom Too: 7447 -ll FAk �561.'j Fobruary, 10, 2021 BID- LiAIN"DSCAPEVVA N�TE NABICE S E RVICES IIFOF4, UI ILFY, S ITE S (WASTEWATER LIFT STA710N :S ITE AND STGRMIlZ POGMT, SITES) igllizmmij'11111111�11 I' �Ill 11 an mm i ilsl�� ii! r ir I ii � il YeR, JE agree to renew the cxs Ung ag roctyt�cnl WICION", U1#0 Saffts torms, curid Hi c r7s al p dc inn flu r an ad dftionq�,onp-year term No, I do r,%,,j L w4sh to rarmw am ag rearverit fear the f a Rkiwing reR5 m(s) C�AYCO LANDSCAPING . . . ............... NAME OF (' GM PANY NAXIF"OF REPRESS NTATIVIF= (pl�ease print) CST E: n All E-MAIL MUMI (AR.F-A CODE) TELEPHONE NUIN18ER. America"s Gateway to tie Uo.,6� strwr? Page 195 of 527 7.B. Requested Action by Commission: Approve the purchase of one (1) replacement bus that was approved in the FY20-21 budget for an estimated amount of $111,982 by utilizing the following contract: Florida Department of Education bus contract. The FDOE contract satisfies the City's procurement requirements. Explanation of Request: The Fleet Manager recommends the purchase of one (1) replacement vehicle. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. Florida Department of Education ITB 2020-16 contract (Effective January 1, 2020 — December 31, 2021). The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Sun State International Truck, LLC for one (1) 77 passenger activity bus for Recreation in the amount of $111,982.00. This unit utilizes the FDOE ITB 2020-16 contract. How will this affect city programs or services? This vehicle will be used throughout the City to provide services to our residents. Fiscal Impact: Budgeted Funding for this purchase is allocated in account 501-2516-519.64-33. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Page 196 of 527 Vendor Name: Sun State International Trucks, LLC Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D Exhibit D QLAOtE)S D OthE)r D I E)ttENr D Cointract D I E)ttENr D PLArchaSE) OrdE)r D OthE)r Description AgE)inda IBacll LA. SLAIII StatE) lint1 Tir'UlCkS F::: E)E)t VE)NicE) PLArchaSE)S F:::Y2020 2021 IMairc'h 2021 AgE)inda IBacll LA. SLAIII StatE) lint1 Tir'LACkS QLAOtE) AgE)inda IBacll LA. SLAIII StatE) IIint1 TrUlckS SpEh�',S AgE)inda IBacll LA. SLAIII StatE) I Intl Tir'Ulcks Flir'Es dE)ive,iry I ['1SPE)Cti01['1 I E)ttENr AgE)inda BackLA�p SLAIII StatE) I nt1 Tir'LACkS Cointiracft I FB 2020 16 AgE)inda BackLA�p SLAIII StatE) I nt1 Tir'UlCkS Cointract If 1ir'E)fE)ir'E)1['10E) I lff() AgE)inda BackLA�p SLAIII StatE) I nt1 Tir'LACkS IREqLAE)St for F10 AgE)inda BackLA�p SLAM S tatE) I nt1 TirljlckS Ovf..s, ir $10,000 F:::oirirn Page 197 of 527 6s w 0 ga z °' � O p a 0 QNN N N z m H z W 2 H Quoted To: City of Boynton Beach Phone: 561-742-6215 Quote #: 77- MFSAB Address: 222 N.E. 9th Ave. Fax: 0 Quote 1 2/9%2021 Boynton Beach Fl, 33425 Email: Dart'yW@bbfl.us 0 Quote For: 77 Passenger ............................................................................................................................................................................................................................................................................................................................................................................................. Lift Bus MFSAB Includes 3 Wheelchair positions W IC AC front and rear bulkhead & dash air tr'n'r ff DFLscrilption Q'tY ���rhil']f Price �.�IIa�fC:OFU�lnt Nice Bid Reference.#.... Pricing..Per FL DOE Bid # 2020 -16 ........................................................... ... ........................... $... MFSAB 77 w/Lift....... ........................................................................................................................................................................................................................................................................................................................................................................................................ MFSAB............................................................................. 77 Passenger Lift (STD Cummins ISB 2501hp/6601-bFt) 65 Gal. Fuel Tank ... 1 �...�........... 93,403 00 .............. ...,.................... 93,403.00 STD [C6] 325 Amp L/N BLP4006HN, STD 1 STD ........................ [C13] A............................................................................. utoHeadlampSystem Std ... 1 �...�........... .............. ...,.................... STD [133] Vandal Box w/Key 1 7.7..High [13]4 76" High Headroom (minimum) 1 Option [13513 PAw/Radio 1 34 3. 00 34.00t Option .................... ........................................................................................................................................................................................................................................................................................................................................................................................................ [1311] L.............................................................................. ap/Shoulder Belts (price per unit no seat reduction) ... 18 �...�........... 276.00 .............. ...,.................... 4,968.00 STD [1312] Full Perf Ceiling Panels 1 Option .................... p ............................................................................. [1313 ] Bus Lockup System ... 1 .............. 266.00 .............. ...,.................... 266.00 ........................................................................................................................................................................................................................................................................................................................................................................................................ STD [1315] Stainless Steel Mirror System (with non -corrosive brackets & fasteners) 1 Lift ................ Braun �............................................................................. NCL1000FIB3451, 10004, 34' Wide ... 1 �...�........... 144.00 .............. ...,.................... 144.00 ........................................................................................................................................................................................................................................................................................................................................................................................................ STD Sure -Lok FF612S-4C-7 Tiedown/Restraint System (S- Hook) 1 Additional Options Tag an.............................................................................. d Title Processing ... 1 �...�........... 200.00 .............. ...,.................... 200.00 ........................................................................................................................................................................................................................................................................................................................................................................................................ Additional Options 12v Aux Power Outlet 1 24.00 L/d,Ofl Additional Options p ��............................................................................. Nave fl ex Stepwell Coating ... 1 �...�........... .............. .,..,.................... Delivery Delivery to Region 5 1 1,200.00 1,20€l.0f( AC..65...77L ICAC................................................................................ TD FRIW SC 13 13, 120,000BTU, 138AMP w/Dash ... 1 �...�........... 11,434 00 .............. ...,.................... 11,434.00 ........................................................................................................................................................................................................................................................................................................................................................................................................ STD Auto Trans Warranty, Allison 7yr- Std on PTS 2500 Series 6 sad 1 STD ...................... Transy�,........................................................................... d Fluid Std ... 1 �...�........... .............. ...,.................... STD - Diesel Only Engine Exhaust Brake- Std 1 STD ...................... Taiip,pe�........................................................................... Through Bumper Std ... 1 �...�........... .............. .,..,.................... ....................' 5f6. .......................................................................................... ESC Electronic Stability Control ..... 1 .. - ..... Quote Subtotal, $ 111,982.00 Special Instructions: Tax Rate 0:00% SalesTax ..... his (jUoLe wiH exl�)ire after 30 Days fl oin daLe listed above. other w Make all Purchase Orders out to Sun State International Trucks, LLC. Less Deposit 0.00 Date: PO# Page 199 of 527 90.4 N STATE U� Margaret Holland —Sale Manager 11/Y,..�n..L:.:..is,L,II,II,,L,.r�u..L.:.�.:....L.:.II..:.L,L,r, (813) 453-7418 Wu+ W.SUnstatelbUscenters.corn 77 pass @ 3 per Seat 51 Pass @ 2 per Seat 25 — 39" Seats 1— 26" Seat 13 Rows — (1st Row UCRA) Lift bus = 3 WC positions 54 seated students @ 3 per 2021 - IC International — MFSAB Multi Functional School Activity Bus 77 Passenger/Lift Type CE School Bus Available Options: 100 Gallon Fuel Tank - $488 84,500 BTU Under Seat Rear Heater - $406 AM/FM Radio with Public Address - $343 Locking Fuel/DEF/Battery Compartment - $35 Each Bus Lockup System - $266 A/C options IC/MCC/TransAir/Burgstrom - $10K to $13K Air Ride Rear Suspension - $571 Customized Camera Install Internal & External New on the Florida State Bid # 2020-16 IIC Bus 1.4' to offer Acflve Bern&x Muflgaflon wystern arlpflornA Electronic Stability Control — Standard LED Lighting Exterior & Interior - Standard Upgrade AC with TM -43 — Option WI -FI — equip your bus with Kajeet WIFI System —option IC Bus, 270 Camera — exterior camera system - option Standard Features Included in Base Price: $89,021 Lift $93,403 Diesel Engine - Cummins ISB, 250 HP, 660 Ib. Torque Allison Automatic 6 Speed Transmission Braun Lift Vandal Box W/Key ESC - Electronic Stability Control LED Interior/Exterior Lights Goodyear, Endurance 11R22.5 LR G Clear View Engine Compartment Hood built-in open & Close assist Entrance Steps 36" Wide w/Pebble-Tread ACTIVITY BUS exterior front cap Child Detection System - No Student Left Behind Brakes - Air with Four Channel ABS Tilting Front hood for easy service access Low Coolant Level Indicator with Alarm Synthetic Transmission Oil Alternator - 325 Amp Leece Neville Battery System - (3) 12 -Volt 1950 CCA Maintenance Free Keyed Alike - Ignition and Electrical Box Full View Window 82"W x 27"H Rub Rails (4) Sealed Flange to Flange 20" Skirt / Driver's Air Seat Noise Elimination Switch Oil Lubricated Front Wheel Bearings Roof Hatch, Transpec First Row Seat Each Side UCRA 5 Ib. Fire Extinguisher / Roof -Mounted Strobe Stainless Steel Exterior Mirror Hardware w/non-corrosive brackets & fasteners Driver's Overhead Storage Compartment, Left of Driver Body Roof Bow Reinforcement for Colorado Rack Paint Roof White Must add Lap/Shoulder Belts @ $276 Per seat Seat Upholstery, Blue Fireblock Integrated Multiplex Body and Chassis Wiring Lift Bus - Evac Blanket inluded w/Braun Lift Air Entrance Door 65 -Gallon BTR Fuel Tank 16 Gallon DEF Tank Front Suspension Meritor I-Beam10,000 Ib. Rear Suspension Meritor Single Reduction 21,000 Ib. Grade 8 Bolt Body Tie Downs 28% Tinted, Laminated Windows Koroseal Floor Covering (Black) Wheels, painted Gray, Powder Coat Headliner Fasteners, Screws Sub Floor Plywood - BB Marine Grade 5/8" 5 ply First Aid Kit, Body Fluid Kit Entrance Door/Controls Left of Driver Exterior Light Check System for Pre -Trip Inspection Cruise Control — Customer Option Left side glove Box w/Cup Holder Page 200 of 5: October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Pre -delivery Inspection Process Outline Buses offered by Sun State International via the Florida Department of Education's ITB 2020-16 will be pre - delivery inspected at a Sun State International facility and/or facility of an IC Support Dealer in Florida. Inspections will be performed and documented on the form provided as Attachment 10 of the ITB and per the requirements of the Florida School Bus Inspection Manual. Sun State International and Florida IC support dealers are committed to participating in the FAPT/Department of Education's Inspector training and certification program. Respectfully, Mike McCullough Executive Operations Manager Sun State International Trucks 6020 Adamo Drive 824715th Street East 41609 Highway 27 7105 East 6th Avenue Ta$13�621L133619 Sarasota,941 35S 7681 43 DavB63-424-2413$37Q��f 527 CONTENTS CONTRACT ADDENDUM ITB 2020-16 FLORIDA SCHOOL BUS SPECIFICATIONS, EFFECTIVE JANUARY 2020 AWARD LETTER CONTRACTOR'S BID RESPONSE Page 202 of 527 U41 Contract for Typo A, Type C and Type D School Buses and Optional Equipment - Sun State InternatioanI Trucks, LLC the contractor, as 0 corporation registered in Flonda, each referred 'in—a-s-"'P—a'r-'ty,—"-and areerreto herecollectively referred to as the "Parties," WITNESSETH: WHEREAS, the Department desires to provide eligible users, defined herein, with various Type A, Type C and Type D School Buses and Optional Equipment (defined herein as "Vehi'c[es'), through the use of a state terrn contract Pursuant to rule 60A- 1,001,and section 1006,27, F,S., and W, HEREAS, the Department solicited responses to an Invitation to Bid No � ITB 20:20-16 0 TB) to Prospective contractors of said Vehicles; and WHEREAS, the contractor responded to the ITB and desires to provide said Vehicles, and, unto each other, NOW THEREFORE, in consideration of the premises,, terms and condifions set forth h'erein, th pai-R. SCOPE OF WORK The intent of these specifications is to I set forth and convey to prospective bidders thegeneral tyj)e, character. tinpri in nhn'41MMIMAGIMMIN Pursuant to Section 7.10 of Bid No: ITB 2020-16, the f0owing documents are hereby incorporated by reference. • Department contract • Any addenda to Bid NoITB 2020-16 • ITB No: 2020-16 • Award Letter • Contractor's response MINES Signature Print t4e:— Title� C�' keg M��rzm M - COCA TRACTOR Signature Print name: Mike RCCUIlrough Title: Executive operations manager Date:j2- /21-�-- Page 203 of 527 FLORIDA DEPARTMENT OF EDUCATION BUREAU OF CONTRACTS, GRANTS AND PROCUREMENT MANAGEMENT SERVICES 325 West Gaines Street 332 Turlington Building Tallahassee, Florida 32399-0400 Addendum #1 BID NO.: ITB 2020-16 Type A, Type C and Type D School Buses and Optional Equipment September 19, 2019 This addendum is being issued to provide the Answers to Questions submitted timely by vendors during the Question and Answers period. Please be advised all questions are keyed as submitted. Sun State Bus Centers 1. Public opening, will the bid submissions be reviewed and read aloud or otherwise be provided to all bidders? ANSWER: The public opening will consistof • • of of bidders that responded only. other informationbe available via public records requestonce the information becomes r • 2. Will the Department allow bidders to add lines to the price sheets for additional A/C, engine, warranty and other options as needed? 3. Will the department provide to bidders an editable electronic copy (preferably Word format) of Attachment 10 — Pre -Delivery Inspection Form (2020)? 4. Option for Red Light Above Emergency Door, is this light required to be LED? ITB 2020-16 Addendum #1 Page 204 of 527 Matthews Bus Alliance. Inc. / Matthews Buses Florida. DBA. Please clarify conflicting information pertaining to Renewal terms of this contract. Under 3.0 Intent — the resulting contract may be renewed for up to 3 one year terms. Under 4.25 Extension — The department in its discretion may grant an extension of the contract... in writing for a period not to exceed 6 months and shall be subject to the same terms and conditions set forth in the contract... There shall be only one extension unless failure to meet the criteria set forth in this ITB or resulting contract is due to events beyond the control of the contractor. Also, will the state offer price increase percentages to the successful bidders upon requesting the contract be renewed by the vendor in each of these one year renewals? ^ department is soliciting written responses establish a 24 -month term contractbe renewed for up to three one- year changepricing or options if mutually agreed• by both tparties. contract.4.25 is a provision that allows the department to extend the contract up to six months to allow a poor performing contractor to fulfill their obligations. This is not a renewal of the 2. Pricing Sheets — a. Under the Optional Engines for each bus configuration, can you add space for extended engine warranties? enter extended warranty information for optional engin in the ADDITIONAL OPTIONS section. b. Also are the extended engine Warranty Options limited to the terms listed or can we supply additional offerings in space provided? r4 ;. c. If so, should we do so in the Additional Options or will you provide more open space in the Warranty Options for the standard and optional engines? 3. Pricing Sheets — Can we add more Additional Options if needed, r 1 1111 11111 1111111 i •• • r ., or can we just combine the Additional Seating Options and Additional Options together in one section? ANSWER: you b ADDITONAL OPTIONS trr - one section. ITB 2020-16 Addendum #1 Page 205 of 527 Also, under Additional Seating Options, can we move the randomly scattered options to be in line with each other? Do we have to use the ones listed? ANSWER: Yes, you may add to, or delete the randomly scattered ADDITIONAL OPTIONS. 4. Pricing Sheets — Are the 1°�uttjre Ise" lines meant to be left blank? What is the future use and will it affect this bid? ANSWER: "FiLitt i�ii���e Use" is simply a place holder for the option and will have no effect o!Pid. 5. Page 46, under the second page of additional options, why are the Diagnostic Options only listed here? Should they not be listed for each configuration and type? ANSWER: List Diagnostic Options asr. ,bk for each •, ; ,, configuration under ADDITIONAL 6. Pricing Sheets — Are we allowed to correct formatted spreadsheet (merge and center where needed or add/remove gridlines? There are few in the additional options area where a cell is not merged and centered, and has a line breaking the first cell in the row (page 37, 41, 45). 7. Pricing Sheets — Are we allowed to make additional copies of the Video/GPS pages and other pages as needed? Please clarify. 8. Pricing Sheets — Can we provide multiple bids for each type of bus requested? 9. II -2 Engine Equipment — Please differentiate between Additional Engine of other configurations or displacements and Alternate Fuel Configurations. There seems to be some confusion that Gasoline is considered an Alternate Fuel when it's an Optional Engine not an alternate fuel engine. Here is a link concerning alternative fuels at... htip§.//afdc.eurierqy.gov/fuels/ displacementANSWER: The Florida School Bus Specifications require that a diesel engine with a minimum of 6.4 liters and 6 cylindersr ; standard engineparentbore block ITB 2020-16 Addendum #1 Page 206 of 527 Florida Transportation Systems Page 7, item 3.0 "Intent" states that ITB #2020-16 will have a contract term of 24 months. Additionally, the contract may be renewed for up to three, one-year terms. Will the renewal be mutually agreeable, or at the discretion of the Department? Assuming there is a renewal, will the Department allow for price adjustments or additional options being added to the awarded contract? ANSWER: Contract renewals must be mutually agreed upon by both parties, 1; renewal would not allow any changes in pricing o options. 2. Page 18, section 4.35 of ITB #2020-16 establishes an extension for districts receiving volume bus deliveries. In essence, the 10 -day acceptance window is extended based on receiving 5 or more buses in a two-day period. Similarly, would the Department consider allowing for an extension of the 240 -day delivery window when a vendor receiving volume orders over an abbreviated period. For example, if a vendor receiving purchase orders for an excess of 50 buses in a 5 -day period, the required delivery date is increased by 10 business days. 3. Page 19, section 5.1 of ITB #2020-16 requires a performance bond for contactors of Type A, C and D school buses. With section 6.2 of the same ITB document allowing purchasing districts to assess and deduct liquidated damages from their invoiced purchase price, would the Department consider waiving the requirement for the performance bond? 4. Attachment 1, of ITB #2020-16 provides bidc submission sheets and Excel spreadsheets. Vari require additional entries in comparison to what is options, seating or warranty options). May bidders pricing submission sheets and provide customer reason? ANSWER: Yes. Brs with pre -formatted pricing )us areas of pricing entry may pre -formatted (for example, a/c be permitted to add rows to the > with additional options within 5. Attachment 11, of ITB #2020-16 includes the Florida School Bus Specifications, Revised 2019 (Specifications). The bus category, MFSAB, is introduced and referenced by Florida Specifications. Do these Specifications, as they relate to MFSAB references, apply to MFSABs owned and operated by public school boards and charter schools only or do these also apply to day care centers, churches and other various enterprises that may utilize these style vehicles? ITB 2020-16 Addendum #1 m, - Page 207 of 527 A �! . # 4 ! C 6. Page 2 of Florida Specifications, Revised 2019 details warranties for Type A, C and D new vehicles. Under "Chassis Warranties", items 3 and 5 used to apply only to Types A2, C and D diesel chassis in Florida School Bus Specifications, Revised 2013. FTS respectfully requests that these items NOT apply to diesel Type A chassis 14,500 Lbs. GVWR and under. 7. Page 1-2 of Florida Specifications, section "Engine Equipment" items 3 and 5 used to apply only to Types A2, C and D diesel chassis in Florida School Bus Specifications, Revised 2013. FTS requests that these items NOT apply to diesel Type A chassis 14,500 Lbs. GVWR and under. . Page 1-4 of Florida Specifications, Revised 2019, section "Transmission" requires an Allison 1000 or 2000 or approved equal on a Type A chassis of 30p and larger. FTS requests that the Chevrolet heavy duty 6 -speed Hydra -Matic transmission be accepted as an approved equal. 9. Page II -5 of Florida Specifications, Revised 2019, section "Transmission" includes the following for Type D front engine: a. Type D 71 capacity front engine, Allison PTS 2500, 5 speed or approved equal. b. Type D 78-79 capacity front engine, Allison PTS 2500, 5 speed or approved equal. The `TYPE D FORWARD CONTROL FRONT ENGINE' chart on page II -7 however, indicates that the PTS 3000 transmission is required for 77, 83, and 89 capacity buses. FTS requests clarification of Type D forward transmission requirements. 4. Type D 77-89 capacity front engine, Allison PTS 3000, 5 speed or approved ITB 2020-16 Addendum #1 Page 208 of 527 10. Page III -13 of Florida Specifications, Revised 2019, section `Rear Vision Mirror System', states that "The system must consist of one flat and one convex mirror lens per side. Each mirror set must be mounted on a breakaway arms with a positive detent or lock." The exterior rearview mirror brackets designed and provided by Blue Bird's mirror vendor for the Open View mirrors do not include a breakaway feature. Blue Bird requests confirmation that the bracket design previously approved for use in Florida meets the intent of the specifications. ARSWER: The previous designs provided by Blue Bird meets the intent of the specifications. 11. Page III -14 of Florida Specifications, Revised 2019, section "Seating, item 2 and 3" defines the requirement for FMVSS No. 225 compliant seats and their required seat spacing. This is required for the first seat of each side of the bus. If a customer would like to add additional rows of FMVSS No. 225 compliant seats, how should those be spaced? • 0� 141 r.,, 1 -4 •, ,: �, � r Potential proposers have 72 hours from posting of addenda to protest the requirements of each addendum. Failure to file a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. YOUR BID WILL NOT BE COMPLETE WITHOUT THIS DOCUMENT SIGNED ANDINCLUDEDI Company Name: Sun State International Trucks, LLC Vendor Name - written:_ Mike McCullough Authorized Signatur . tet° Mailing Address: 6029 Adamo Dr City, State & Zip Code: Tam �r..A 33 619 Telephone: (013) 226-7330 E -Mail Address: mike. mcculloLisunstateintl.com ITB 2020-16 Addendum #1 .-- Page 209 of 527 BUREAU OF CONTRACTS, GRANTS AND PROCUREMENT MANAGEMENT SERVICES 325 West Gaines Street 332 Turlington Building Tallahassee, Florida 32399-0400 This addendum is being issued to include the below option: Potential proposers have 72 hours from posting of addenda to protest the requirements of each addendum. Failure to file a protest within the time prescribed in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. YOUR BID WILL NOT BE COMPLETE WITHOUT THIS DOCUMENT SIGNED AND INCLUDED! Company Name: Sun State Intenatioanl, SLC Vendor Name — written: Mike McCullough Authorized Signature:_""", Mailing Address: 6020 Adamo Dr City, State • Code Page 210 of 527 BUREAU OF CONTRACTS, GRANTS AND PROCUREMENT' MANAGEMENT SERVICES 325 West Gaines Street 332 Turlington Bung Tallahassee,, Florida 32399-040ft This addenduim is, being Issued to reopen IITB 2020-16 to clarify the aniswer provided to Question it of Addendum #1 Q&A, do!cument, 1 11111 IIIIIII 1111pi 1111!111 111111111111 111 Jill ;1I I III! l�l�ill ANSWER: INo. Multiple bids will NOT be accepted for, each type of bUs requested. However, optional chassis maniufactuirers for TYP,E A buses of the sarne capacity may be offered under the "Additional Options" section of the Price Sheet. Potential proposers have 72 hours from posting of addenda to protest the requiremenits of each addendum. Failure to file a protest within the time prescribled in Section 120.57(3), or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 1210, Florida Statutes. YOUR BID WILL NOT BE COMPLETE WITHOUT THIS DOCUMENT SIGNED AND INCLUDED! Company Name, stir, Stat E� I n t e r i I a t i o Vendor Name — wfitten,' Mi,ke McC Authorized Signat(J47 Maifing Addres&-,'02 _6 City, Stateip Code: Tampa, FE, 336191 Telephone: (a j,. 3 L2 -7,-3,1 C) E -Mail Address-Jrd ke. mccIL1111 -L @ s � i ris - i a, loiigi c ) rn Page 211 of 527 Manspeaker, Robert From: Register, Regina Sent: Friday, November 22, 2019 1:42 PM To: Manspeaker, Robert Subject: FW: ITB 2020-16 Type A, Type C and Type D School Buses and Optional Equipment - Seeking Clarification Here is the second response. Retina ReGina A. Register, FCCN, FCCM Contract Administrator & Procurement Director/MFMP System Administrator Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street, STE 332 Tallahassee, FL 32399-0400 phone: 850/245-9173 fax: 850/245-0719 Please note that Florida has a very broad public records law. Most written communication to or from state officials are public records available to the public and media upon request. From: Mike McCullough [mailto:Mike.McCullough@sunstateintl.com] Sent: Friday, November 22, 2019 1:42 PM To: Register, Regina <Regina.Register@fldoe.org> Cc: Dianna Chesney <Dianna.Chesney@sunstateintl.com> Subject: RE: ITB 2020-16 Type A, Type C and Type D School Buses and Optional Equipment - Seeking Clarification Regina Pricing for Base MFSAB buses offered by Sun State International do not include the cost of lap shoulder belts. Lap shoulder belts for MFSAB units must be added by the purchaser. Also, please see note in Appendix I "MFSAB All" included with our submission for detail. Please let me know if further clarification is necessary. Thanks, Mike McCullough Sun State Bus Centers Operations Manager, Bus Ph: 813-226-7330 Email :r]:ke:r]I.J o.1agkr@sunstatein co in .. Page 212 of 527 From: Register, Regina <IR .ina..l iti ii >i Sent: Friday, November 22, 2019 1:25 PM Subject: ITB 2020-16 Type A, Type C and Type D School Buses and Optional Equipment - Seeking Clarification Importance: High M includedThis email is seeking clarification regarding your Bid Response to the above referenced ITB. Please indicate whether the bid prices that your company submitted for each "Base MFSAB Price$$" includes the required type 2 lap/shoulder seat belts, or if the cost of the seat belts must be added by the purchaser? This clarification response will become an official addition to your Bid Response. No prices should be This information is needed as soon as possible but no later than 2:00 pm ET on November 26, 2019. Clarification response can be provided via reply to this email. Let me know if you have questions or need additional information. Retina ReGina A. Register, FCCN, FCCM Contract Administrator & Procurement Director Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street, STE 332 Tallahassee, FL 32399-0400 phone: 850/245-9173 fax: 850/245-0719 9�Ik Please note that Florida has a very broad public records lava. Most written communication to or from state officials are public records available to the public and media upon request. AN""III""III ON: I Ilhnls us uu: 11:X0 NA 11 ounauull. Il )o i:ot slllisllc Illii:llcs ou~ ollsou: uttusllhiineu:ts ui:lloss you ure odu:uro Ulhe sou:dour ui:d kii i ow u:llhe coiiitei:t us sutc Mike McCullough Executive Operations Manager Sun State Bus Centers 6020 Adamo Dr Tampa FL 33619 I ,iill q;.,ll ,c ,�u,llllp, u„ Ils(a s u,Irl,sLate.i.ir:�ll.coir . ....... .......... .................. 813-226-7330. Mobile 813-226-7330 b1tp.:.Hwww....,s uNs�.tteb�u,scentp�.:s...co Page 213 of 527 State of Florida Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 332 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400 BID REGISTRATION ************************************************************************************************************************************* COMPLETE AND RETURN THIS FORM ************************************************************************************************************************************* BID NO: ITB 2020-16 TITLE: Type A, Type C and Type D School Buses and Optional Equipment DATE & TIME DUE: OCTOBER 23, 2019 (a) 9:15 AM ET To register to bid, please complete and return this bid registration form as soon as possible. Send this sheet only to Reg ina._Register fldoe.org (preferred), fax it to 850-245-0719, or mail it to 325 West Gaines Street, 332 Turlington Building, Tallahassee, Florida 32399-0400. COMPANY NAME: CONTACT PERSON: ADDRESS: CITY, STATE, ZIP: TELEPHONE: ( ) INTERNET EMAIL ADDRESS: SIGNED: DATE: FAX NUMBER: ( ) For further information about this bidding on contracts for the State of Florida, you may contact ReGina Register at 850-245-9173 or Regina.Registerfldoe.org. Page 214 of 527 State of Florida Department of Education INVITATION TO BID BID NO: ITB 2020-16 For TYPES A, CAND DSCHOOL BUSES M OPTIONAL EQUIPMENT DEADLINES TECHNICAL QUESTIONS: SEPTEMBER 12, 2019 BY 5 p.m. ET BID RESPONSE SUBMITTAL DUE: OCTOBER 23, 2019 BY 9:15 a.m. ET ESTIMATE POSTING DATE: OCTOBER 29, 2019 CONTRACT EFFECTIVE DATE: January 1, 2020 MAIL OR DELIVER BID RESPONSES TO: Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services 325 West Gaines Street 332 Turlington Building Tallahassee, Florida 32399-0400 Attention: ReGina Register Page 215 of 527 Table of Contents BIDREGISTRATION............................................................................................................................................1 SECTION1 -INSTRUCTIONS.........................................................................................................................6 1.0 GENERAL INSTRUCTIONS TO RESPONDENT...................................................................................... 6 SECTION 2 - CONTRACT CONDITIONS.......................................................................................................6 2.0 GENERAL CONTRACT CONDITIONS..................................................................................................... 6 SECTION3 - INTRODUCTION........................................................................................................................7 3.0 INTENT...................................................................................................................................................... 7 3.1 BACKGROUND.........................................................................................................................................7 3.2 DEFINITIONS............................................................................................................................................7 3.3 SCHEDULE OF EVENTS.......................................................................................................................... 9 SCHEDULEDACTIVITY..................................................................................................................................9 DATE................................................................................................................................................................ 9 SECTION 4 - SPECIAL INSTRUCTIONS.......................................................................................................9 4.0 NON-RESPONSIVE BIDS, NON -RESPONSIBLE BIDDERS.................................................................... 9 4.1 POOR PERFORMANCE NOTICE...........................................................................................................10 4.2 QUESTIONS............................................................................................................................................10 4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF .............................................. 10 4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS..............................................................................11 4.5 ADDENDA...............................................................................................................................................11 4.6 MINOR EXCEPTIONS.............................................................................................................................12 4.7 COPYRIGHTED MATERIAL....................................................................................................................12 4.8 CONFIDENTIAL MATERIAL....................................................................................................................12 4.9 PREPARATION COST............................................................................................................................ 12 4.10 WITHDRAWAL........................................................................................................................................ 13 4.11 PUBLIC OPENING OF BID RESPONSES..............................................................................................13 4.12 CORRECTION OF BID RESPONSE ERRORS.......................................................................................13 4.13 VISITOR PASS TO THE TURLINGTON BUILDING................................................................................13 4.14 ACCESSIBILITY FOR PERSONS WITH DISABILITIES..........................................................................13 4.15 RESPONSE DURATION.........................................................................................................................13 4.16 PRICING..................................................................................................................................................13 4.17 AWARD...................................................................................................................................................14 4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA.....................................................15 4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA ...................................................... 15 4.20 NOTICE TO CONTRACTOR....................................................................................................................15 4.21 QUALIFICATIONS...................................................................................................................................15 4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES...........................................15 4.23 IDENTICAL EVALUATION OF BID RESPONSES.................................................................................. 15 4.24 METHOD OF PAYMENT..........................................................................................................................15 4.25 EXTENSION.............................................................................................................................................16 4.26 INSPECTION AUDIT AND MAINTENANCE OF REPORTS......................................................................16 4.27 DIVERSITY IN CONTRACTING...............................................................................................................16 4.28 SUB-CONTRACTING..............................................................................................................................17 Page 216 of 527 4.29 CONTRACTUAL OBLIGATIONS.............................................................................................................17 8.1 POSTING OF BID TABULATION............................................................................................................ 4.30 CONTRACT COMPLETION....................................................................................................................17 31 4.31 DISPOSITION OF BID RESPONSES......................................................................................................17 8.4 AWARD OF THE CONTRACT................................................................................................................. 4.32 ALTERNATES.........................................................................................................................................17 32 4.33 WARRANTY/SUBSTITUTIONS...............................................................................................................18 ATTACHMENT 1- 4.34 PRODUCT REQUIREMENTS/SPECIFICATIONS...................................................................................18 ATTACHMENT 2 - 4.35 ACCEPTANCE........................................................................................................................................ 18 SECTION 5- SPECIAL TERMS AND CONDITIONS....................................................................................19 36 5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD........................................19 37 5.1 PERFORMANCE BOND..........................................................................................................................19 38 5.2 INSURANCE, WORKERS' COMPENSATION......................................................................................... 20 5.3 INSURANCE, GENERAL LIABILITY....................................................................................................... 20 5.4 INDEMNIFICATION ................................................................................................................................. 20 SECTION 6 - SCOPE OF SERVICES........................................................................................................... 21 6.0 SCOPE OF SERVICES........................................................................................................................... 21 6.1 DELIVERABLES (Status Reports)........................................................................................................... 21 6.2 LIQUIDATED DAMAGES........................................................................................................................ 21 SECTION 7 - SPECIAL INSTRUCTIONS - BID RESPONSE FORMAT & CONTENT ................................ 22 7.0 BID RESPONSE SUBMISSION............................................................................................................... 22 7.1 BID CONDITIONS................................................................................................................................... 22 7.2 BID RESPONSE FORMAT INSTRUCTIONS.......................................................................................... 22 SECTION 8 - SUBMITTALS AND EVALUATION......................................................................................... 31 8.0 PRELIMINARY SUBMITTAL REVIEW.................................................................................................... 31 8.1 POSTING OF BID TABULATION............................................................................................................ 31 8.2 PROTEST OF BID TABULATION OR PROCUREMENT TERMS........................................................... 31 8.3 INABILITY TO POST............................................................................................................................... 31 8.4 AWARD OF THE CONTRACT................................................................................................................. 32 8.5 SUBMISSION OF ALTERNATE RESPONSES....................................................................................... 32 ATTACHMENTS FOR BID 2020-16................................................................................................................... 33 ATTACHMENT 1- VENDOR'S BID PRICING SHEETS..................................................................................... 34 ATTACHMENT 2 - DISCLOSURE STATEMENT............................................................................................... 35 ATTACHMENT 3 - DRUG-FREE WORKPLACE................................................................................................ 36 ATTACHMENT 4 - MINORITY SUBCONTRACTORS UTILIZATION SUMMARY .............................................. 37 ATTACHMENT 5 - SCRUTINIZED COMPANIES LISTS.................................................................................... 38 ATTACHMENT 6 - CONTRACT - TYPES A, C AND D SCHOOL BUSES AND OPTIONAL EQUIPMENT........ 39 ATTACHMENT 7 - BIDDER REPRESENTATION.............................................................................................. 40 ATTACHMENT 8 - PURCHASE ORDER/CUSTOMER CONTACT PREFERENCE INFORMATION ................ 41 ATTACHMENT 9 - FILE STRUCTURE FOR REQUIRED STATUS REPORT ................................................... 42 ATTACHMENT 10 - PRE -DELIVERY INSPECTION (PDI) FORM..................................................................... 43 ATTACHMENT 11- FLORIDA SCHOOL BUS SPECIFICATIONS, REVISED 2019 .......................................... 44 ATTACHMENT 12 - FMVSS AND GA WR LETTER OF ATTESTATION........................................................... 45 ATTACHMENT 13 - POWER LIFT COMPLIANCE LETTER OF ATTESTATION .............................................. 46 ATTACHMENT 14 - CHASSIS DELIVERY DATES LETTER............................................................................ 47 ATTACHMENT 15 - LIQUIDATED DAMAGES ACKNOWLEDGEMENT LETTER ............................................ 48 ATTACHMENT 16 - SEAT COVERING SPECIFICATIONS LETTER OF ATTESTATION ................................ 49 Page 217 of 527 ATTACHMENT 17- CHASSIS PERFORMANCE LETTER OF ATTESTATION................................................ 50 ATTACHMENT 18 - PRE-DELIVERY PROGRAM OUTLINE............................................................................ 51 ATTACHMENT 19 - BID ADDENDA (IF ANY)................................................................................................... 52 ATTACHMENT 20 - PUR-1000 GENERAL CONTRACT CONDITIONS........................................................... 53 ATTACHMENT 21- PUR-1001 GENERAL INSTRUCTIONS TO RESPONDENTS.......................................... 54 Page 218 of 527 INVITATION TO BID FLORIDA DEPARTMENT OF EDUCATION Types A, C and D School Buses and Optional Equipment BID NUMBER: ITB 2020-16 SECTION 1—INSTRUCTIONS 1.0 GENERAL INSTRUCTIONS TO RESPONDENT This section contains instructions explaining the solicitation process and the actions necessary to respond. General Instructions to Respondent (Form PUR 1001 — incorporated herein by reference) is a downloadable document that must be downloaded for review. This document need not be returned with the respondent's bid response. Form PUR 1001 may be accessed at http://dms.myflorida.com/business_operations/state_purchasinq under "Documents, Forms, References and Resources." In the event of any conflict between Form PUR 1001 and other instructions provided in this document, the additional instructions in this document shall take precedence over the Form PUR 1001 unless the conflicting term is required by any section of the Florida Statutes, in which case the statutory requirements shall take precedence. ALTHOUGH THE ITB MAY USE MANDATORY WORDS LIKE "SHALL," "WILL," "SHOULD" OR "MUST," AND MAY DEFINE CERTAIN ITEMS AS REQUIREMENTS, THE DEPARTMENT RESERVES THE RIGHT, IN ITS DISCRETION, TO WAIVE ANY DEVIATIONS FROM THESE PROVISIONS. IN ADDITION, THERE IS NO GUARANTEE THAT SUCH DEVIATIONS WILL BE DEEMED IN THE STATE'S BEST INTEREST OR A MINOR IRREGULARITY. SECTION 2 — CONTRACT CONDITIONS 2.0 GENERAL CONTRACT CONDITIONS Standard terms and conditions that will apply to the contract that results from the solicitation event are provided in this section. General Contract Conditions (Form PUR 1000 — incorporated herein by reference) is a downloadable document that must be downloaded for review. This document need not be returned with the respondent's bid response. Form PUR 1000 may be accessed at http://dms.myflorida.com/business_operations/state_purchasinq under "Documents, Forms, References and Resources." In the event of any conflict between Form PUR 1000 and any other Special Conditions, the Special Conditions shall take precedence over Form PUR 1000 unless the conflicting term in the PUR form is required by any section of the Florida Statutes, in which case the term contained in Form PUR 1000 shall take precedence. Page 219 of 527 SECTION 3 - INTRODUCTION 3.0 INTENT The Florida Department of Education (hereinafter referred to as the "department") is soliciting written bid responses from qualified vendors to establish a 24 -month term contract for the purchase of Type A, Type C and Type D school buses and optional equipment. The intent of these specifications is to set forth and convey to prospective bidders the general type, character, performance and level of quality of the vehicles desired by the department and purchasing school districts. The contractor is authorized to provide vehicles to any and all eligible users in the State of Florida. The sale of any vehicles to an eligible user not included in the definition herein is prohibited unless the contractor has received prior written approval from the department and such services are set forth in an addendum hereto executed by all parties. The parties agree that the laws and rules that apply to this contract shall be those applicable to contracts in excess of Purchasing Category Two, or $35,000, as defined in s. 287.017, Florida Statutes (F.S.). The resulting contract may be renewed for up to three one-year terms. 3.1 BACKGROUND Pursuant to S. 1006.27, F.S., the department shall assist district school boards in securing school buses at prices that are as reasonable as possible by providing a plan under which district school boards may voluntarily pool their bids for such purchases, and prepares and awards term contracts for the purchase of various types of school buses and optional equipment, and makes the contracts available to district school boards. District school boards, from time to time, are required to furnish the department with information concerning the prices paid for such items and the department periodically furnishes to district school boards, information concerning the lowest prices at which school buses, equipment and related supplies are available based on comparable specifications. School bus units may be purchased by Florida district school boards, charter schools, and the Florida School for the Deaf and the Blind (FSDB); and may be purchased by eligible private schools pursuant to the requirements described in s. 1002.42(15)(x), F.S. Representatives of the Florida Department of Management Services, State Purchasing, may be asked to serve as advisors in final determination and acceptance of bids. 3.2 DEFINITIONS As used herein, the following definitions apply: 1. Bid: All documents and materials contained in the formal ITB package submitted by a bidder in response to this solicitation. 2. Bid Response: The complete response of the bidder to the ITB, including properly completed forms and supporting documentation. 3. Bidder: A potential contractor, acting on his or her own behalf and on behalf of those individuals, partnerships, firms or corporations comprising the bidder's team, who submits a response to this solicitation. 4. Configuration: Each unique combination of the following vehicle characteristics: bus type, bus capacity (e.g., 77 capacity) and wheelchair lift (if applicable). An example of a configuration for this purpose is Type C, 77 capacity with lift. 5. Contract: The agreement entered into between the department and the successful bidder after completion of the Invitation to Bid process. Page 220 of 527 a 7 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contractor: The successful bidder, selected as a result of this ITB with whom the department executes a contract to provide the required services. Deliverable A tangible, specific, quantifiable and measurable event or item that must be produced to complete a project or part of a project directly related to the scope of services. Department: Refers to the Florida department of Education. Eligible Users: Florida district school boards, FSDB and eligible private schools. FDOE: Florida Department of Education FE: Front engine. FSDB: Florida School for the Deaf and the Blind. NIA or NA: Not available or not applicable. NIB or NB: No bid submitted for base bus or option. A "no bid" on a base bus or option will continue to be considered as "no bid" throughout the term of the contract, including dealer -offered options. NIC or NC: No -charge item — the department reserves the right to determine whether the item is to be included as standard equipment. PB: Parent bore engine. Price: Base unit or option price. RE: Rear engine. Ready -to -Use Condition: Units meeting all applicable specifications, with all equipment functioning properly and without substantive defects (as determined by the Florida Department of Education, School Transportation Management Section). Responsive Bidder: A person who has submitted a bid response that conforms in all material aspects to the ITB. Responsible Bidder: A bidder who demonstrates the capacity in all respects to satisfy the contract requirements with the integrity and reliability that will assure good -faith performance. STD: Standard. STMS: School Transportation Management Section. Unit(s): Buses produced and sold via the Florida Department of Education's Bid No: ITB 2020-16 for School Buses and Optional Equipment. Vehicles: Collective reference to various Type A, Type C and Type D school buses and optional equipment. Vendor: A potential contractor acting on his or her own behalf and on behalf of those individuals, partnerships, firms or corporations comprising the vendor's team who has not vet submitted a response to this solicitation. VBS: Florida Vendor Bid System. WS: Wet -sleeve engine. Page 221 of 527 3.3 SCHEDULE OF EVENTS SCHEDULED ACTIVITY DATE METHOD/CONTACT ITB Release September 5, 2019 Vendor Bid System Advertisement Website — h p://vbs. rns.stateJ1.us/vbs/main menu Prospective Bidder Questions September 12, 2019 Questions must be identified as such and submitted by 4:00 pm ET by mail, email (preferred) or facsimile to: ReGina Register 325 West Gaines Street, 332 Turlington Building Tallahassee, Florida 32399-0400 Re gina,Register(,fldoe.orq Fax 850-245-0719 Departmental Answers Provided September 20, 2019 Written response (addenda) to any written questions to Bidder Questions (on or received by the deadline will be provided via the Vendor about) Bid System Advertisement Website - h o//vbs.dms.state.fl.us/vbs/main menu Sealed Bids Receipt and OCTOBER 23, 2019 Submit to: Must Be Opening Florida Department of Education NOTE: Visitors to the Turlington Received Procurement Office Building are required to sign in at NO LATER THAN Attn: ReGina Register the security desk in the main lobby, 9:15 a.m. 325 West Gaines Street, 332 Turlington Building obtain a visitor's pass and be Tallahassee, Florida 32399-0400 escorted by designated department Opened representatives. Please allow 10:15 a.m., Bids will be opened in Room 1721 enough time if hand- delivering Eastern Time of the Turlington Building at 10:15 a.m. your response to the Procurement Office. Posting of Intended Decision (on October 29, 2019 Vendor Bid System (VBS) Advertisement Website - or about) hftp-.//vbs.dms.state.fl.us/vbs/main menu Anticipated Contract Start Date Wednesday, The department and contractor(s) January 1, 2020 Anticipated Contract End Date Friday, The department and contractor(s) December 31, 2021 SECTION 4 - SPECIAL INSTRUCTIONS 4.0 NON-RESPONSIVE BIDS, NON -RESPONSIBLE BIDDERS Bid responses that fail to provide material information may be rejected as non-responsive. A bidder whose bid responses, past performance or current status do not reflect the capability, integrity or reliability to perform fully and in good faith the requirements of the contract may be rejected as non -responsible. The department reserves the right to waive any minor irregularities or technicalities in any bid response received, to reject any or all bid responses in whole or in part, with or without cause, to solicit new bid responses or to accept the bid response which, in its judgment, will be in the best interest of the department. The department reserves the right to use any information presented in any response to this ITB. Page 222 of 527 4.1 POOR PERFORMANCE NOTICE The bidder should provide for himself/herself and his/her employees, subcontractors and subcontractor employees copies of any and all documents regarding complaints filed, investigations made, warning letters or inspection reports issued, any notice of breach, notice of default, termination notice, suspension notice, or any disciplinary action initiated or taken under any contract or job performance within the past seven years. For each instance listed, provide a narrative summary of the contract's purpose and scope of work, the bidder's performance (including the concerns of the project owner) and any major adverse findings. In addition, provide the contract or job number; the name of the owner; the term of the contract; and the name, address and telephone number of the owner's contract manager. Please also include any relevant documentation evidencing the performance issues. The department reserves the right to seekfurther information on this matter from the bidder or to make inquiries with the project owner. The information obtained from this review may be used to declare the bidder a non - responsible vendor. 4.2 QUESTIONS Potential bidders should examine the ITB to determine if the department's requirements are clearly stated. If there are any requirements, that restrict competition, the bidder may request, in writing, to the state that the specifications be changed. A bidder who requests changes to the state's specifications should identify and describe his/her difficulty in meeting the state's specifications, provide detailed justification for a change, and provide recommended changes to the specifications. Questions concerning conditions and specifications of this ITB, and/or requests for changes to the bid response, should be received in writing by the Bureau of Contracts, Grants and Procurement Management Services, as specified in Section 3.3 - Schedule of Events. A bidder's failure to request changes by the specified date shall be considered to constitute bidder's acceptance of the state's specifications. The state shall determine what changes to the ITB shall be acceptable. Questions may be emailed, faxed or delivered to the address below: Florida Department of Education Bureau of Contracts, Grants and Procurement Management Services Attn: ReGina Register 325 West Gaines Street, Room 332 Tallahassee, Florida 32399-0400 Email (preferred): Rggina.Reg elbfldoe.org FAX 850-245-0719 4.3 RESTRICTIONS ON COMMUNICATIONS WITH DEPARTMENT STAFF Bidders shall not communicate with any department staff concerning this ITB, except for the department contact person identified in Section 4.2 - Questions of this ITB. Only those communications that are in writing from the Bureau of Contracts, Grants, and Procurement Management Services shall be considered as a duly authorized response on behalf of the department. For violation of this provision, the department reserves the right to reject a bidder's bid response. Bidders to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72 -hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a bid response. 10 Page 223 of 527 4.4 PROCUREMENT PROTESTS/NOTICE OF RIGHTS Pursuant to s. 120.57(3)(b), F.S.: "Any person who is adversely affected by the agency decision or intended decision shall file with the agency a notice of protest in writing within 72 hours after the posting of the notice of decision or intended decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed in writing within 72 hours after the posting of the solicitation. The formal written protest shall be filed within 10 days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. The formal written protest shall state with particularity the facts and law upon which the protest is based. Saturdays, Sundays, and state holidays shall be excluded in the computation of the 72 -hour time periods referenced in this paragraph." Pursuant to s. 120.57(3)(a), failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post the bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of proceedings under chapter 120, Florida Statutes." Florida Administrative Code Rule 28-110.002(2) defines the term "decision or intended decision," and includes the solicitation terms (and any addenda), the award of the contract, and a rejection of all Bid Responses. At the time of filing the Formal Written Protest the protestor must also file a Protest Bond payable to the department in an amount equal to 1 percent of the estimated contract amount. Florida Statutes, Section 287.042(2)(c) and Florida Administrative Code Rule 28-110.005 contain further terms relating to the Protest Bond, including how to determine the estimated contract amount. In lieu of a Protest Bond, the department will accept cashier's checks, official bank checks or money orders. The bond shall be conditioned upon the payment of all costs and charges that are adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. The Notice of Protest, Formal Written Protest, and Protest Bond shall be addressed to the issuing office as defined in SECTION 6.0 BID SUBMISSION and filed with the agency clerk. 4.5 ADDENDA No negotiations, decisions or actions will be initiated or executed by a bidder as a result of any oral discussions with a department employee. Only those communications that are in writing from the Bureau of Contracts, Grants and Procurement Management Services will be considered as a duly authorized expression on behalf of the department. If the department determines that it should modify or interpret any portion of the ITB documents prior to the closing time and date, such changes will be included as a written addendum to the ITB. No other methodology will be considered binding or authorized in giving information concerning, or to explain or interpret the ITB document. Notice of changes (addenda) will be posted on the Florida Vendor Bid System (VBS) at w.dms.myflorida.com (click on View Solicitations under the Doing Business with the State link, then click on Search Advertisement; select the department of Education in the Agency drop down window and initiate search), under this bid number. It is the responsibility of all potential bidders to monitor this site for any changing information prior to submitting a bid response. Page 224 of 527 NOTE: SIGNED ACKNOWLEDGEMENT OF ANY ADDENDA SHOULD ACCOMPANY ITB RESPONSE. FAILURE TO SUBMIT THE ACKNOWLEDGE FORM MAY RESULT IN DISQUALIFICATION OF THE BIDDER 4.6 MINOR EXCEPTIONS The department may waive minor deviations or exceptions in bid responses providing such action is in the best interest of the State of Florida. Minor deviations/exceptions are defined as those that have no adverse effect upon the state's interest and would not affect the amount of the bid by giving a contractor an advantage or benefit not enjoyed by other contractors. 4.7 COPYRIGHTED MATERIAL Copyrighted material will be accepted as part of a bid response only if accompanied by a waiver that will allow the department to make paper and electronic copies necessary for use by department staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, F.S. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public. All development and use of copyright material in fulfilling the terms of the bid shall be governed by the terms of the contract between the contractor and the department. 4.8 CONFIDENTIAL MATERIAL The department takes seriously its public records responsibilities as outlined in chapter 119, F.S., and Article I, section 24 of the Florida Constitution. If respondent considers any portion of the documents, data or records submitted in response to this solicitation to be confidential, trade secret or otherwise not subject to disclosure pursuant to chapter 119, F.S., the Florida Constitution or other authority, respondent should clearly mark and identify in his/her response those portions that are confidential, trade secret or otherwise exempt. Respondent should also simultaneously provide the department with a separate redacted copy of its response. This redacted copy should contain the department's solicitation name, number and the name of the respondent on the cover, and should be clearly titled "Redacted Copy." The redacted copy should be provided to the department at the same time respondent submits his/her response to the solicitation and must only exclude or obliterate those exact portions that are claimed confidential, proprietary or trade secret. The respondent shall be responsible for defending his/her determination that the redacted portions of its response are confidential, trade secret or otherwise not subject to disclosure. Furthermore, the respondent shall protect, defend and indemnify the department for any and all claims arising from or relating to respondents determination that the redacted portions of his/her response are confidential, proprietary, trade secret or otherwise not subject to disclosure. If Bidder fails to submit a redacted copy with its response, the department is authorized to produce the entire documents, data or records submitted by respondent in answer to a public records request for these records. 4.9 PREPARATION COST ITB responses shall contain all information solicited, plus any additional data, prints or literature that the bidder deems pertinent to the department's understanding and evaluation of his/her response. This ITB does not commit the department or any other public agency to pay any costs incurred by the bidder in the submission of a bid response or to make necessary studies or designs for the preparation thereof, nor to procure or contract for any articles or services. 12 Page 225 of 527 4.10 WITHDRAWAL Bidders may modify submitted bid responses at any time prior to the bid due date. Requests for modification of a submitted bid response should be in writing and should be signed by an authorized representative of the bidder. Upon receipt and acceptance of such a request, the entire bid response will be returned to the bidder and not considered unless resubmitted by the due date and time. Bidders may also send a change in a sealed envelope to be opened at the same time as the bid response. The ITB number, opening date and time should appear on the envelope of the modified bid response. 4.11 PUBLIC OPENING OF BID RESPONSES Each bid response should be dated and time -stamped by the department as received. Any bid response received after the specified deadline for bid acceptance may be rejected and returned unopened to the bidder. Bid responses will be opened at the designated date and time at the department's Bureau of Contracts, Grants and Procurement Management Services, 332 Turlington Building, 325 West Gaines Street, Tallahassee, FL. 4.12 CORRECTION OF BID RESPONSE ERRORS Information that is required to be included in the bid response is expected to be present and accurate. Corrections of erroneous information or typographical errors may not be permitted after the department has received the bid responses. The contractor is solely responsible for proofreading his/her bid response and verifying its accuracy. 4.13 VISITOR PASS TO THE TURLINGTON BUILDING Each visitor to the Turlington Building is required to sign in and obtain a visitor's pass at the security desk in the main lobby. Please allow at least 15 minutes prior to bid response due time if hand -delivering your bid response to the Bureau of Contracts, Grants and Procurement Management Services. 4.14 ACCESSIBILITY FOR PERSONS WITH DISABILITIES Any person requiring a special accommodation because of a disability should call the department's Bureau of Contracts, Grants and Procurement Management Services at 850-245-0735 at least five workdays prior to the bid opening. If you are hearing or speech -impaired, please contact the department by using the Florida Relay Service at 800-955-8771 (TDD). 4.15 RESPONSE DURATION All submitted bid responses are binding until December 31, 2021. 4.16 PRICING All bid prices are to include the furnishing of all parts, labor, transportation and incidental services or materials required. There shall be no additional costs charged for work performed under this bid. All bid prices should be submitted on the forms provided. All bid prices quoted for Type A, Type C and Type D school buses and optional equipment should be in even dollar amounts. All bid prices for base units, standard options and additional contract options, including warranty agreements, should be submitted on the Microsoft Excel worksheets provided in Attachment 1 - Vendor's Bid Pricing Sheets, of this ITB. Pricing is also to be submitted in Microsoft Excel file format for base buses and options. These worksheets will be provided via e-mail to bidders listed on the bid notification list. Prospective bidders may also request to receive the electronic worksheets from Regina Register at Regina.RogistorCdfldoo,org. The electronic worksheets are identical to the paper bid sheets included in the bid. Hard copies of price quotes are still requested, but may be printed from the electronic spreadsheets. Pricing must include the furnishing of all parts, labor, transportation, incidental services and materials required. There 13 Page 226 of 527 shall be no additional price charged for work performed under this bid. All bid prices must remain firm until December 31, 2021. Prices should be submitted on the forms provided in a SEALED ENVELOPE with the bid number written on the outside. No price changes will be allowed throughout the contract period. Each price sheet should be signed or initialed at the bottom of the page by the person who signs the transmittal letter. Representatives of the Florida Department of Management Services, State Purchasing, may be invited to act as advisors in final determination and acceptance of bids. Language in this document takes precedence over any conflicting language in the General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). ElIF -I1►I►/_1N11 As in the best interest of the state, the right is reserved to award based on all or none, group of items, item by item or any combination thereof, to a responsive, responsible bidder. As in the best interest of the state, the right is reserved to reject any and/or all bid responses or to waive any minor irregularity in bid responses received. Conditions that may cause rejection of bid response include, without limitation, evidence of collusion among bidders, obvious lack of experience or expertise to perform the required work, failure to perform, or meet financial obligations on previous contracts. Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services and posted on the VBS. A printed copy of the bid tabulation will be available upon written request to the Bureau of Contracts, Grants and Procurement Management Services. Telephone requests will not be accepted. Each written request should contain a self-addressed, stamped envelope and reference the bid title and number. Bid tabulations will be posted and available for public viewing in the reception room of the Bureau of Contracts, Grants and Procurement Management Services. Bid awards will be made in conformance with applicable requirements of chapter 287, F.S.; chapter 60A-1, F.A.C.; and the requirements of this ITB, where it includes additional or more specific procedures. Awards will be made for the following school bus configurations, as available, meeting standard Florida School Bus Specifications, Revised 2019: Type A; Type C; Type D rear engine; and Type D front engine, subject to the following procedures: ■ Low price shall be calculated for each configuration based on the combination price for completed base units submitted on pricing page P-1 and average regional delivery cost using price quotes as supplied in this bid (Bid No: ITB 2020-16, Attachment 1 — Vendor's Bid Pricing Sheets). ■ Bid awards will be made on the basis of a multiple supplier award. ■ Overall awards will be made to each responsive and responsible bidder for all configurations on which that bidder submits price quotes within 10 percent of the lowest price for that configuration. A configuration is defined as a unique combination of the following vehicle characteristics: bus capacity (e.g., 77 capacity), bus type (e.g., Type C) and wheelchair lift (if applicable). An example of a configuration for this purpose is a 77 capacity Type C with lift. Technical variations to published bid award procedures may be invoked at the discretion of the department when necessary to ensure equitability. 14 Page 227 of 527 4.18 AUTHORIZATION TO DO BUSINESS IN THE STATE OF FLORIDA Foreign corporations and foreign limited partnerships should be authorized to do business in the State of Florida. Domestic corporations should be active and in good standing in the State of Florida. Such authorization and status should be obtained by the bid due date and time, but in any case, must be obtained prior to contract execution. For authorization, contact: Florida Department of State Tallahassee, Florida 32399 850-245-6053 4.19 LICENSED TO CONDUCT SERVICES IN THE STATE OF FLORIDA If the service(s) being provided requires that individuals be licensed by the Florida Department of Business and Professional Regulation or any other state or federal agency, such licenses should be obtained by the bid due date and time, but in any case, must be obtained prior to contract execution. For state licensing, contact: Florida Department of Business and Professional Regulation Tallahassee, Florida 32399-0797 850-487-9501 4.20 NOTICE TO CONTRACTOR The department shall consider the employment by any contractor of unauthorized aliens a violation of s. 274A (e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this contract. 4.21 QUALIFICATIONS The department will determine whether the bidder is qualified to perform the services being contracted based upon the bid response demonstrating satisfactory experience and capability in the work area. The bidder should identify necessary experienced personnel and/or facilities to support the activities associated with this bid. Those individuals who will be directly involved in the project should have demonstrated experience in the areas delineated in the scope of work. Individuals whose qualifications are presented will be committed to the project for its duration, unless otherwise excepted by the department. In the event it becomes necessary for the contractor to substitute key personnel, such substitution will take place in consultation with the department and will be made upon the department's prior approval, which will not be unreasonably withheld. 4.22 SUBMISSION OF BID RESPONSES BY SUBSIDIARIES OR AFFILIATES A bidder, its subsidiaries, affiliates or related entities is limited to one bid response. Submission of more than one bid response per activity by a bidder may cause the rejection of all bids submitted by the bidder. In the alternative, the department may decide in its sole discretion which bid to evaluate and consider. A subsidiary or affiliate of a prime bidder may also be included as a subcontractor in another bidder's bid response. 4.23 IDENTICAL EVALUATION OF BID RESPONSES Whenever two or more bid responses that are equal with respect to price, quality and service are received, the department will determine the order of award using the criteria established in rule 60A-1.011, FAC. The Drug - Free Workplace Program Certification can be found as Attachment 3. 4.24 METHOD OF PAYMENT Payment will be made in accordance with the terms and conditions of the purchase order or contract. 15 Page 228 of 527 Payments will be made in accordance with s. 215.422, F.S., which delineates contractor's rights and the eligible users' responsibilities concerning time allowances for payment of invoices and applicable interest penalties. Pursuant to s. 287.058, F.S., all invoices must be submitted in detail sufficient for a proper pre -audit and post - audit thereof. Please see ss. 4.35, 7.3, 7.4 and 7.9 for specific requirements related to acceptance of and payment for school buses. Subject to the requirements for acceptance, all payment for Type A, C and D buses will be due within 40 days after acceptance by the local purchasing agency or receipt of invoice and the manufacturer's certificate of origin, whichever is later. 4.25 EXTENSION In the event that circumstances arise that make performance by the contractor impracticable or impossible within the time allowed or that prevent a new, or renewed contract from being executed, the department, in its discretion, may grant an extension of the contract. An extension of the contract resulting from this bid shall be in writing for a period not to exceed six months and shall be subject to the same terms and conditions set forth in the contract. The department may, in its discretion, grant a proportional increase in the total dollar amount based on the method and rate established in the contract. There shall be only one extension of the contract, unless the failure to meet the criteria set forth in this ITB or resulting contract is due to events beyond the control of the contractor. It shall be the responsibility of the contractor to ensure at all times that sufficient time remains in the project schedule within which to complete services on the project. In the event there have been delays that would affect the project completion date, the contractor shall submit a written request to the department that identifies the reason(s) for the delay and the amount of time related to each reason. The department will review the request and make a determination whether to grant all or part of the requested extension. 4.26 INSPECTION AUDIT AND MAINTENANCE OF REPORTS Representatives of the department, the Comptroller of the State of Florida, or the Auditor General of the State of Florida, or their duly authorized representatives, shall have access, for purposes of examinations and recovery, to any books, documents, papers and records of the contractor as they may relate to this contract. The contractor shall maintain books, records and documents in accordance with acceptable accounting principles and practices that sufficiently and properly reflect charges made. The department may unilaterally cancel any resultant contract for refusal by the contractor to allow public access to all documents, papers, letters or other material originated or received by the contractor in conjunction with this contract, subject to the provisions of chapter 119, F.S. 4.27 DIVERSITY IN CONTRACTING The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority, women and service -disabled veteran business enterprises in the economic life of the state. The State of Florida Mentor Protege Program connects minority, women and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to participate in this program. For more information on the Mentor Protege Program, please call the Office of Supplier Diversity at 850-487-0915. The state is dedicated to fostering the continued development and economic growth of small, minority, women and service -disabled veteran business enterprises. To this end, it is vital that small, minority, women and service -disabled veteran business enterprises participate in the state's procurement process as both contractors and sub -contractors in this solicitation. Small, minority, women and service -disabled veteran business enterprises are strongly encouraged to contribute to this solicitation. 16 Page 229 of 527 Information on Certified Minority Business Enterprises (CMBE) and Certified Service -Disabled Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at: tItL.//dms.myflorida.com/other programs/office _of_supplier _diveaL_osd/. 4.28 SUB -CONTRACTING Neither this contract nor any portion thereof shall be sub -contracted without the prior written approval of the department. No sub -contract shall, under any circumstances, relieve the contractor of his/her liability and obligation under this contract. Despite any such sub -contracting, the department shall deal through the contractor, who shall retain the legal responsibility for performing the contractor's obligations. The prime contractor shall report all small, minority, women and service -disabled veteran business enterprise subcontractors, identifying the name, address, type of certification and dollar amount on the utilization summary form, provided as Attachment 4. The contractor shall provide a list of subcontractors to the department's contract manager upon execution of the contract. The prime contractor shall provide the utilization summary form with each invoice submitted for payment. The form must be submitted with all invoices, regardless of whether or not funds have been spent with a small, minority, women and service -disabled veteran business enterprise subcontractor for the period covered by the invoice. The Department of Management Services, Office of Supplier Diversity will furnish names of qualified small, minority, women and service -disabled veteran business enterprises. The Office of Supplier Diversity can be reached at 850-487-0915; the website address is http://dms.my lorida.com/other_programs/office_of_supplier_diversity_oso/. 4.29 CONTRACTUAL OBLIGATIONS The department's Contract Standard Terms and Conditions are incorporated in this ITB as Attachment 6 and will govern the relationship between the contract vendor and the department. Bid responses submitted by Contractors shall be incorporated into the final purchase order(s) or contract(s). 4.30 CONTRACT COMPLETION The contractor will be required to ensure that each individual, partnership, firm, corporation or subcontractor that performs on the contract is subject to, and complies with, the contractual requirements. When contract negotiations are successfully concluded, a written contract will be prepared that will incorporate the following documents: • This ITB • Addenda to this ITB • And the bidder's response The contractor shall begin performing services only upon execution of a valid contract between the parties. 4.31 DISPOSITION OF BID RESPONSES All bid responses become the property of the State of Florida and will be a matter of public record subject to the provisions of chapter 119, F.S. 4.32 ALTERNATES ALTERNATE BRANDS OR PRODUCTS WILL NOT BE CONSIDERED FOR THIS BID RESPONSE. Bid as required per specifications provided in Attachment 11, Florida School Bus Specifications, Revised 2019. 17 Page 230 of 527 4.33 WARRANTY/SUBSTITUTIONS A warranty is required on all items purchased against defective materials, workmanship, and failure to perform in accordance with required industry performance criteria. Any deviation from these criteria must be documented in the bid response or the above statement shall prevail. Delivery of substitute commodities requires prior written approval from the department. The selected bidder, upon receiving award and entering into a contract with the department, must warrant that all materials and services delivered to the department and purchasers pursuant to the contract conform to all of the specifications contained or referred to herein. The bidder must comply with warranty requirements provided in Attachment 11 - Florida School Bus Specifications, Revised 2019. Failure or neglect of the department to require compliance with any term or condition of the contract or specifications shall not be deemed a waiver of such term or condition. The awarded contractor, by entering into a contract with the department, warrants and represents that all materials and services delivered to the department and purchasers pursuant to the contract conform to all of the specifications included or referred to in the ITB document, attachments and addenda. By submitting this bid, the bidder agrees to accept, process and pay within 45 days properly completed warranty claims on behalf of purchasing school districts via any paper forms, electronic system, or Internet -based warranty system that may be available. The warranty process will be initiated with the bidder or bidder's representative, who will either perform the warranty repairs or facilitate the warranty repairs if they are performed by another entity. Completed claims for warranty reimbursement not paid within 45 days shall incur 3 percent penalties for 0-30 days' late payment. 4.34 PRODUCT REQUIRE MENTSISPECIFICATIONS Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it may be considered that items offered are in strict compliance with these specifications, and Contractor will be held responsible therefor. Deviations must be explained in detail on separate attached sheet(s). 4.35 ACCEPTANCE All buses shall be inspected and accepted or rejected by an authorized representative of the school board or other purchasing entity within 10 business days of delivery or pickup of the completed units. Districts that take delivery on a quantity greater than five school buses within a two-day period shall be allowed one extra day for the number of buses over five. For example, a district that takes delivery of eight school buses within a two-day period shall be allowed 13 business days to inspect and accept or reject the buses. Should any agency purchasing a bus not be satisfied that the requirements of the specifications have been met, representatives of the Florida Department of Education, School Transportation Management Section (SIMS); the Florida Department of Management Services; State Purchasing and the purchasing agency shall have the right to inspect the unit and issue an order of acceptance or rejection. Purchasers must inspect the vehicle and compare the purchase order and the bidder's invoice, as well as the bidder's pre -delivery inspection form, to ensure that the vehicle meets or exceeds the requirements of Attachment 11 - Florida School Bus Specifications, Revised 2019, and the purchase order. Purchasers must also inspect the vehicle for physical damage. Failure of the purchaser to discover an error (excluding physical damage) in the vehicle's components relating to specifications compliance and proper operation (subject to applicable warranties) will not relieve the bidder from correcting the error in the event it is found after the vehicle is accepted by the purchaser. 18 Page 231 of 527 Delivery of the vehicle to a purchaser does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the vehicle meets contract specifications and is in ready -to -use condition. At the time of the inspection, should the delivered vehicle differ in any respect from required specifications or exhibit poor fit, finish or quality, 5 percent of the payment for the specific vehicle may be withheld until such time as the bidder completes necessary corrective action. Vehicles provided under this bid are not considered "delivered" until: a. They are physically on the purchasing district's property, b. They are in ready -to -use condition, and c. The manufacturer's certificate of origin (MCO), PDI form, manuals and all associated literature have been delivered. Language in this document takes precedence over any conflicting language in the General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). SECTION 5- SPECIAL TERMS AND CONDITIONS 5.0 PRE-BID CONFERENCE: A PRE-BID CONFERENCE WILL NOT BE HELD. 5.1 PERFORMANCE BOND A performance bond or cashier's check will be required of all Contractors of Type A, C and D school buses and will be held by the Florida Department of Education, SIMS, as surety of full, complete and timely performance on any and all orders duly issued against the contract. The performance bond may be used to provide coverage for ALL aspects of compliance with the contract including, but not limited to, liquidated damages for delayed delivery, specifications compliance, warranty compliance and reprocurement procedures, in the event of contract non-compliance or default. Contractors agree to furnish, within ten days after award of bids, at no additional cost to the department and school districts, a performance bond or cashier's check in the amount of $750,000 for Type C and D bidders and $100,000 for Type A -only bidders to guarantee full and complete performance of the contract. Such bond, if provided, shall be issued to the Florida Department of Education and Purchasing School Districts with language that specifies coverage for compliance with all aspects of the contract, including any liquidated damages. The bidder shall be responsible for reviewing the adequacy of the bond and ensuring it provides the coverage required by this contract. Failure of the bond to provide the required coverage shall not absolve the bidder of responsibility for the required level of financial and other obligations. The bond shall be provided from a reliable surety company, licensed to do business in the State of Florida and acceptable to the Florida Department of Education. To be acceptable to the Florida Department of Education as surety for performance bonds, a surety company shall comply with the following provisions: 1) The surety company must be qualified to do business in the State of Florida. 2) The surety company shall have been in business and have a record of successful continuous operation for at least five years. 3) All bonds shall be signed by a Florida licensed resident agent who holds a current power of attorney from the surety company issuing the bond. 19 Page 232 of 527 5.2 INSURANCE, WORKERS' COMPENSATION During the contract term, the contractor at his/her sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the contract, which, at a minimum, shall be: workers' compensation and employer's liability insurance in accordance with chapter 440, F.S. Such policy shall cover all employees engaged in any contract work. Employers who have employees who are engaged in work in Florida must use Florida rates, rules and classifications for those employees. In the construction industry, only officers of a corporation or any group of affiliated corporations may elect to be exempt from workers' compensation coverage requirements. Such exemptions are limited to a maximum of three per corporation, and each exemption holder must own at least 10 percent of the corporation. Independent contractors, sole proprietors and partners in the construction industry cannot elect to be exempt and must maintain workers' compensation insurance. 5.3 INSURANCE, GENERAL LIABILITY The contractor shall take out and maintain during the life of this agreement Comprehensive General Liability as shall protect him from claims for damage for personal injury, including accidental death, as well as claims for property damages that may arise from operating under this agreement, whether such operations are by contractor or by anyone directly or indirectly employed by contractor, and the amount of such insurance shall be the minimum limit, as follows: • Contractor's Comprehensive General Liability Coverage, Bodily Injury & Property Damage - $100,000 Each Occurrence, Combined Single Limit The certificate(s) of insurance must comply with the following standards: • No exclusions or restrictions in coverage will be accepted. • The insurance coverage must be with an insurance company with a Best's rating of "A" or better. • The certificate must include a 30 -day notice of cancellation. • The department must be listed as an "additional insured" on coverage. 5.4 INDEMNIFICATION Contractor agrees to indemnify, hold harmless and defend, at his/her own expense, including reasonable attorney's fees, the department and its employees against any and all claims or suits for property loss or damage and/or personal injury, including death, to any and all persons, of any kind and character, whether real or asserted, arising out of and in connection with contractor's negligence, intentional acts or omissions related to its performance under the contract. 5.5 SCRUTINIZED COMPANIES LISTS S. 287.135, F.S., requires that, at the time a company submits a bid or proposal for a contract for goods or services of $1 million or more, the company must certify that it is not on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to s. 215.473, F.S. Bids of $1 million or more should include the attached Scrutinized Companies Lists Form (Attachment 5) to certify the respondent is not on either of those lists. The form should be submitted with the technical reply. 20 Page 233 of 527 SECTION 6 - SCOPE OF SERVICES 6.0 SCOPE OF SERVICES S. 1006.27, F.S., states that the department shall assist district school boards in securing school buses at prices that are as reasonable as possible by providing a plan under which district school boards may voluntarily pool their bids for such purchases. The department, in cooperation with the Florida Department of Management Services, has prepared and awarded term contracts for the purchase of various types of school buses and optional equipment, and made the contracts available to district school boards in order to facilitate this service. 6.1 DELIVERABLES (Status Reports) The Contractor(s) is required to furnish, on at least a monthly basis, a status report of all units ordered by eligible users from this bid or local purchasing agreements, following the format prescribed in Attachment 9 — File Structure for Required Status Report. This report shall be submitted electronically in the same format. These monthly status reports shall be sent to the Florida Department of Education, SIMS, 834 Turlington Building, 325 West Gaines Street, Tallahassee, Florida 32399-0400 or emailed to SCNTRA S(@fldoe.orq. This information shall be provided on an ongoing basis until all units ordered by eligible users from this bid or local purchasing agreements are delivered. Failure to submit the aforementioned reports on time and in the proper format may be considered when determining the Contractor's fitness for the next bid. A sample status report, as specified in Attachment 9 — File Structure for Required Status Report, shall be provided with the bid response. 6.2 LIQUIDATED DAMAGES The Contractor's failure to complete purchased school buses both correctly and on time will result in substantial injury to purchasing school districts, but the amount of damages resulting from such injury cannot be calculated with certainty. Each failure to complete a school bus correctly and on time is hereinafter referred to as a default. Defaults shall be deemed corrected on the day that the school bus has been delivered in ready -to -use condition. "Ready -to -use" shall be defined as meeting all applicable specifications, with all equipment functioning properly and without substantive defects (as determined by the purchaser or the Florida Department of Education, SIMS). For each default, the contractor shall be liable to the purchasing school district for liquidated damages, as set forth herein. Buses not ready for pickup or not delivered to the purchasing school district (as specified by purchaser) in ready -to -use condition by the dates specified in section 7.17 will be assessed liquidated damages of $25 per bus, per calendar day that delivery is late for non -lift units and $50 per bus, per calendar day that delivery is late for units equipped with wheelchair lifts. a. Calculation of Liquidated Damages Eligible users will be responsible for calculating, assessing and collecting liquidated damages. Delays in delivery caused by strikes at the bidder's or chassis manufacturer's plant, acts of God or circumstances beyond the control of the company are excepted. b. Collection of Liquidated Damages Purchasing school districts and the FSDB will be permitted to deduct calculated liquidated damages for late delivery from the payment for the bus. Purchasing school districts and the FSDB are required to notify the bidder, in writing, at least 30 days in advance of their intent to deduct liquidated damages in a specified amount 21 Page 234 of 527 and provide the bidder an opportunity to resolve or adjust the calculation of the damages prior to their assessment. Language in this document takes precedence over any conflicting language in the attached General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). SECTION 7 - SPECIAL INSTRUCTIONS - BID RESPONSE FORMAT & CONTENT 7.0 BID RESPONSE SUBMISSION Bid responses are due as specified in Section 3.3 — Schedule of Events. Mailed or Delivered To: Florida Department of Education (DO NOT FAX OR EMAIL) Bureau of Contracts, Grants and Procurement Management Services Attn: ReGina Register 325 West Gaines Street, Room 332 Tallahassee, Florida 32399-0400 Bids received after this time and date may not be considered. By submitting a bid response, the bidder represents that he or she understands and accepts the terms and conditions to be met and the character, quality and scope of commodities to be provided. All bid responses and associated forms should be signed and dated in ink by a duly authorized representative of the bidder. Each bidder should fully acquaint himself or herself with the conditions relating to performance requirements under the conditions of this ITB. All bid prices should be submitted on the sheets provided in this ITB. All bid prices must remain firm until December 31, 2021. All bid responses and related documents submitted in response to this ITB shall become the property of the State of Florida. 7.1 BID CONDITIONS No conditions may be applied to any aspect of the ITB by the prospective bidder. Any conditions placed on any aspect of the bid documents by the prospective bidder may result in the bid response being rejected as a conditional bid. All bid submissions must be typed into the pricing spreadsheet pages. DO NOT WRITE IN CHANGES ON ANY ITB SHEETS. The only additional recognized changes to the ITB prior to bid opening will be by written addendum issued by the department. 7.2 BID RESPONSE FORMAT INSTRUCTIONS This section contains instructions that describe the required format for the bid. All bids submitted should be marked as follows: Bid Number: ITB 2020-16 COMPANY NAME CONTACT PERSON NAME AND PHONE Opening Date/Time: OCTOBER 23, 2019 (cD 9:15 A.M. ET. The bidder should submit one original, one hard copy, and two copies in electronic format (flash drive, compact disc, etc.) in Microsoft Word 5.0 or higher or Microsoft Excel 5.0 or higher. Additionally, the bidder should provide all submitted pricing pages in Microsoft Excel 5.0 or higher format. Since the department 22 Page 235 of 527 will expect all bids to be in this format, failure of the bidder to follow this requirement may result in the resection of the hid. Section 1 ■ Transmittal Letter The bidder should provide a transmittal letter on company letterhead) that contains the following statements: • A statement that the person signing the bid response is authorized to represent the bidder and bind the bidder relative to all matters contained in the bidder's bid response. • Company's federal tax identification number. • Company's DUNS number. • A statement that the bidder has read, understands and agrees to all provisions of this ITB. By submitting a bid, the bidder agrees to the terms and conditions of the ITB notwithstanding any statement in the bid to the contrary. • A statement that the bidder is authorized to conduct business in Florida. In lieu of such statement, the bidder should alternatively represent that he/she will secure authorization to do business in Florida prior to contract execution. • A statement that the bidder is registered on the MyFloridaMarketPlace Website. In lieu of such statement, the bidder should alternatively represent that he/she will complete such registration authorization prior to contract execution. • A statement that the bidder has electronically registered a valid W-9 with the Department of Financial Services (DFS). DFS is ready to assist any vendors with questions, and vendors must submit their W-9 forms electronically at httgs://flvendor.myfloridacfo.com. Contact the DFS at 850-413-5519 or FLW9@.myfloridacfo.com with any questions. • When applicable, bidder should address small, minority, women and service -disabled veteran business enterprise participation in the transmittal letter. The Bidder is encouraged to limit the letter to no more than two pages. Section 2 • Attachment 1 - Vendor's Bid Pricing Sheets for base buses and options, each page signed or initialed • Attachment 2 - Disclosure Statement • Attachment 3 - Drug -Free Workplace Form • Attachment 4 - Minority Certificate • Attachment 5 - Scrutinized Companies Lists • Attachment 7 - Bidder Representation • Attachment 8 - Purchase Order Preference/Customer Contact Preference Form • Attachment 9 - File Structure for Required Status Report • Attachment 12 - Letter representing that buses will meet all applicable Federal Motor Vehicle Safety Standards, and representing the adequacy of Gross Axle Weight Ratings (GAWRs) • Attachment 13 - Letter representing that lift installation will be in compliance with Florida's specifications • Attachment 14 - Estimated delivery dates for Type A, C and D chassis delivery supplied by chassis manufacturer • Attachment 15 - Letter acknowledging the financial consequences as specified in section 6.2 • Attachment 16 - Letter specifying the seat covering material manufacturer and model number • Attachment 17 - Letter stating that all Type C and D buses will meet chassis performance specifications • Attachment 18 - PDI program outline as specified in section 7.9 23 Page 236 of 527 • Attachment 19 -All addenda (if applicable; should be signed by authorized company representative) 7.3 GENERAL BID REQUIREMENTS All terms and conditions as outlined, and specifications given for school bus bodies and school bus chassis in Attachment 11 - Florida School Bus Specifications, Revised 2019, are a part of this bid. 7.4 Each bidder shall bid ALL OR NONE OF EACH BUS CONFIGURATION. A bid on only a portion of the units in any one configuration will not be accepted. Language in this document takes precedence over any conflicting language in the General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). ESTIMATED QUANTITIES It is anticipated that eligible users will purchase approximately 1,000 total buses under contracts resulting from this bid The types and total dollar figures from the previous two bids are as follow: representing actual figures under the contract. v 7.5 DEALER -OFFERED OPTIONS AND SALES INCENTIVES Occasionally, a customer may request a vehicle option that is not included on this contract. Additional dealer - offered options may NOT be offered after the bid opening. Contractors are prohibited from offering sales incentives not specifically included within this ITB, such as rebates, parts credits, extended warranties, etc. Contractors shall also notify component, equipment and service suppliers that they may not offer such incentives, and shall notify the STMS immediately if they become aware of any such offers or transactions. Liquidated damages of $2,000 for each violation will be enforced, and violators may be removed from the bidders list. 7.6 ORDERING INSTRUCTIONS The following ordering process will be adhered to by all eligible users desiring to purchase buses from this bid: (1) Entity will first submit purchase order (made out to the awarded bidder) to the Florida Department of Education STMS for review and approval. Contractors receiving purchase orders not approved by the STMS must immediately forward them to the STMS for review/approval. (2) Purchase orders that have been cleared by the STMS will bear a stamp showing the applicable purchase plan, date of processing and processor's initials. Purchase orders that reach the Contractor without the STMS stamp shall not be considered processed and cleared by the STMS and must be rerouted to the STMS office. 7.7 TECHNICAL DOCUMENTATION All products bid must meet or exceed all conditions and specifications of the ITB. When technical documentation is required by the SIMS, its purpose is to demonstrate compliance of the product bid with applicable technical requirements of the ITB or to allow a technical evaluation of the product. The STMS may, 24 Page 237 of 527 BID #2017-02 (as of June 30, 2019) BID #2016-01 TYPE # PURCHASED TOTAL DOLLARS # PURCHASED TOTAL DOLLARS A 0 0 0 $0 C 2,078 $225,318,022.30 1,719 $183,776,615.09 D 16 $2,050,698.00 13 $1,125,523.00 Total 2,094 $227,368,720.30 1,732 $184,902,138.09 IOTE: These figures are provided onlv as a guideline for oreoarina vour bid and should not be construed as representing actual figures under the contract. v 7.5 DEALER -OFFERED OPTIONS AND SALES INCENTIVES Occasionally, a customer may request a vehicle option that is not included on this contract. Additional dealer - offered options may NOT be offered after the bid opening. Contractors are prohibited from offering sales incentives not specifically included within this ITB, such as rebates, parts credits, extended warranties, etc. Contractors shall also notify component, equipment and service suppliers that they may not offer such incentives, and shall notify the STMS immediately if they become aware of any such offers or transactions. Liquidated damages of $2,000 for each violation will be enforced, and violators may be removed from the bidders list. 7.6 ORDERING INSTRUCTIONS The following ordering process will be adhered to by all eligible users desiring to purchase buses from this bid: (1) Entity will first submit purchase order (made out to the awarded bidder) to the Florida Department of Education STMS for review and approval. Contractors receiving purchase orders not approved by the STMS must immediately forward them to the STMS for review/approval. (2) Purchase orders that have been cleared by the STMS will bear a stamp showing the applicable purchase plan, date of processing and processor's initials. Purchase orders that reach the Contractor without the STMS stamp shall not be considered processed and cleared by the STMS and must be rerouted to the STMS office. 7.7 TECHNICAL DOCUMENTATION All products bid must meet or exceed all conditions and specifications of the ITB. When technical documentation is required by the SIMS, its purpose is to demonstrate compliance of the product bid with applicable technical requirements of the ITB or to allow a technical evaluation of the product. The STMS may, 24 Page 237 of 527 at its discretion, determine the technical acceptability of the products offered through the use of any technical documentation available within the STMS as of the date and time of bid opening and evaluation. Such authority of the STMS shall in no way relieve the bidder from the ultimate responsibility to provide any required technical documentation, nor shall any bidder assume that such documentation is otherwise available to the SIMS. The state shall not be responsible for the accuracy of the technical documentation in its possession. 7.8 PILOT MODEL INSPECTIONS The Contractor is responsible for providing a pilot model of each size and type bus awarded for inspection by representatives of the SIMS. The pilot model inspection may take place at the assembly plant or other inspection facility. Units equipped with wheelchair lifts shall be made available for pilot inspection first. The Contractor shall incur expenses associated with travel and per diem for the pilot model inspection for up to two persons from the STMS and one representative from each school district that purchased one or more buses included in the pilot inspection. If a representative of the purchasing school district is not available for the pilot model inspection, a member of the Florida Association for Pupil Transportation (FAPT) Specifications Committee may substitute upon request. If specifications or quality problems are noted as part of the initial inspection, or if some equipment cannot be inspected during the initial pilot inspection, the STMS reserves the right to require the Contractor to pay all costs involved for two persons selected by STMS to conduct a follow-up inspection at the assembly plant. Alternatively, such follow-up inspection may be required in Tallahassee, Florida, as determined by the department. Regular production of school buses shall not be scheduled until specifications and quality have been determined to meet Florida school bus requirements. 7.9 PRE -DELIVERY INSPECTIONS Contractors will be required to perform and document a Florida -specific pre -delivery inspection of each unit prior to delivery to the purchasing school district. This inspection shall include all items and be documented on the Pre -Delivery Inspection (PDI) form included in Attachment 10 of this document. These inspections shall be conducted by Contractor representatives trained and certified as Florida school bus inspectors by the department. Inspector training and certification will be provided by the department, at each Contractor's expense. It is each Contractor's responsibility to ensure that all components of his/her products are properly inspected and documented. A completed copy of the PDI form shall accompany each unit delivered for district verification. Any items found to be missing; inoperative; out of compliance with Florida specifications; out of compliance with the criteria outlined in the Florida School Bus Safety Inspection Manual; or of poor fit, finish or quality shall be repaired and/or replaced prior to delivery to the purchasing school district. The department and/or purchasing district personnel may additionally conduct random post -delivery inspections on units that have previously been inspected by the Contractor or manufacturer. Such units may be inspected with little or no notice to the Contractor at the assembly plant or other inspection facility at no expense to the Contractor. 7.10 CONTRACT The department's contract for Type A, Type C and Type D school buses and optional equipment is incorporated in this ITB as Attachment 6. The contract may be executed with a responsive and responsible bidder who submits price quotes within 10 percent of the lowest price for a configuration. The contract will govern the relationship between the Contractor and the department. In the event there is a conflict between the requirements of this ITB and those of the contract, the requirements as stated in the ITB shall apply. When bid calculations are successfully concluded, a written contract will be executed that will incorporate the following 25 Page 238 of 527 documents as each was changed or affected by the calculation. The order of priority in the event of conflicts between contract documents is: ■ Addenda to this ITB ■ This ITB ■ Department contract ■ Award letter ■ Contractor's response 7.11 VARIATION OR SUBSTITUTION OF EQUIPMENT Substitution of equipment on which information or pricing are specifically requested as part of this ITB will not be allowed. Liquidated damages of $2,000 for each violation will be enforced, and violators may be removed from the list of qualified Contractors. Liquidated damages will be deposited in the Education Trust Fund. Language in this document takes precedence over any conflicting language in the attached General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). 7.12 MYFLORIDAMARKETPLACE In the event that there is a IyFloridalarketPlace fee for school buses purchased under this contract, the Contractor may pass the cost on to the purchasing entity. This potential cost will not be factored into the bid award calculation. 7.13 CONTACT BETWEEN CONTRACTOR AND THE DEPARTMENT AFTER AWARD OF CONTRACT A staff member from the department will be assigned to be the project manager and will be responsible for the implementation of the contract resulting from this ITB: The bidder shall designate at least one contract manager with responsibility to the State of Florida who should remain readily available by telephone, cellular phone or email for unresolved contract concerns and be responsible for managing said concerns with the assembly plant, dealer or other entity, as appropriate. The bidder's contract manager and full contact information shall be included in the transmittal letter. 7.14 TERMINATION FOR CAUSE The department reserves the right to immediately terminate the contract by providing written notice to the Contractor if the department determines any of the following has occurred: Contractor fails to perform to the department's satisfaction any material requirement of the contract; or The action or inaction of the Contractor substantially endangers the execution of the contract, or such occurrence can be reasonably anticipated. 7.15 DELIVERY PRICING ADJUSTMENT In accordance with Form PUR 1000, item 4(e), the department may make an equitable adjustment in the contract terms for delivery pricing related to increased costs of diesel fuel based on the index below. This index is subject to the Department of Energy National Average Fuel Price Index. The index will be reviewed on June 30, 2020 and June 30, 2021. Subsequent price changes, if any, will become effective upon notification to district transportation officials. 26 Page 239 of 527 DIESEL FUEL INDEX ADJUSTMENT AMOUNT FUEL COST PER GAL ($) DELIVERY PRICING INCREASE % Below 4.26 Contractor's ITB response delivery pricing schedules apply 4.26 to 4.60 10% above Contractor's ITB response delivery pricing schedules Above 4.60 20% above Contractor's ITB response delivery pricing schedules 7.16 RECALL NOTIFICATIONS The National Traffic and Motor Vehicle Safety Act (originally enacted in 1966 and now recodified as 49 U.S.C. Chapter 301) gives the United States Department of Transportation's National Highway Traffic Safety Administration (NHTSA) the authority to issue vehicle safety standards and to require manufacturers to recall vehicles that have safety-related defects or do not meet federal safety standards. Contractor(s) will be responsible for ensuring that the department is notified of all NHTSA safety recalls related to vehicles purchased from contracts resulting from this invitation to bid. Such notification shall include an electronic list of affected vehicles in either Microsoft Excel or Access format. Other electronic formats may not be substituted without prior approval. 7.17 TIMELINES Purchase orders will be accepted from January 1, 2020 through December 31, 2021. The required delivery date will be 240 days from the date the Contractor and/or Contractor's representative(s) receives the district's electronic purchase order notification after processing by the department. Bidder must furnish a schedule showing the cost of delivery of each completed unit from the manufacturing plant to the county seats of Florida, by region, as requested on Attachment 1 Vendor's Bid Pricing Sheet. This data shall be used in determining the Contractor. Any purchaser may elect to accept delivery of the buses included in the order at the factory. When delivery by the Contractor is specified, the Contractor shall deliver buses to the applicable district or agency's central school bus garage or main office of a purchasing private school. Purchasers opting for delivery of their completed bus(es) must be contacted by the school bus Contractor to schedule final delivery five business days prior to the delivery of their completed units. Deliveries shall be scheduled between the hours of 8 a.m. and 5 a.m.. Mondav throuah Friday. excluding holidays. Language in this document takes precedence over any conflicting language in the attached General Contract Conditions (Form PUR 1000) and General Instructions to Respondents (Form PUR 1001). 7.18 ESTIMATED DELIVERY DATES For all buses bid as complete units for which chassis and bodies are to be built by separate manufacturers, the bidder shall be responsible for securing from the chassis manufacturer estimated delivery dates for the completed chassis to the body plant, based upon the chassis ordering time lines specified or required to meet the completed unit delivery time lines called for in this request for bids. Estimated delivery dates should be submitted as part of the bid response package. 7.19 REPRESENTATIONS As part of this bid, each bidder should represent in a letter to be included with the bid that each unit sold by the bidder's company or representative for school buses will meet Attachment 11 - Florida School Bus 27 Page 240 of 527 Specifications, Revised 2019; National School Transportation Specifications and Procedures, Revised 2015; and all applicable Federal Motor Vehicle Safety Standards. This letter should also represent that the chassis furnished will have adequate gross axle weight ratings (GAWRs), front and rear, for mounting and representing bodies meeting Florida School Bus Specifications. The letter should be submitted as part of the bid response. In the event that a Type A or C bus is manufactured by separate chassis and body manufacturers, each bidder should represent by letter any and all specifications as required in the paragraph above. As per Attachment 11 - Florida School Bus Specifications, Revised 2019, for wheelchair lifts and installations, the Contractor will be required to comply with all applicable design testing pertaining to the installed lift. A letter indicating such compliance will be required before buses equipped with wheelchair lifts may be delivered. The bidder should submit with the bid written representation that the lift will be installed according to lift manufacturer's specifications and Florida specifications. Please include as part of your bid an attachment providing information on the seat covering material to be supplied on buses sold via the bid. This information should include the name of the company supplying the material and the name or number designation for the material. NOTE: The seat covering material as bid must be provided throughout the term of the bid and may not be subject to substitution or change. 7.20 FLOOR PLAN (ORDER CONFIRMATION) Upon receipt of the purchase order(s), the bidder shall provide the purchaser one line drawing for every configuration ordered. The line drawing will inform the purchaser of the unit's floor plan, including air- conditioning evaporator locations, and will also serve as bidder confirmation of the order. 7.21 WHEELCHAIR LIFT BUS REQUIREMENTS Florida School Bus Specifications require wheelchair lift school buses to be offered with wheelchair lifts mounted in front of and behind the rear wheels, except for body sizes on which both locations are not available. Wheelchair lift bus (WLB) seating capacity shall be based on the maximum regular student seating that can be accommodated with the standard three wheelchair spaces per bus (see specifications for wheelchair space dimensions, minimum aisle width, barrier requirements and other pertinent WLB specifications), as follows: NOTE: Maximum available regular student seating shall be made available with the specified number of wheelchair spaces, whenever possible, consistent with specifications (usually with wheelchair spaces rearward and 39 -inch seats forward). 29 -capacity Type C wheelchair lift buses must be bid with an extra body section or spacing, as required, to ensure availability with the lift mounted behind the rear wheels. ■ TYPE Al WLBs, 19-29 capacity - Net 1 in wheelchair, maximum number available in regular seats. ■ TYPE A2 WLBs, 30-47 capacity - Net 2 in wheelchairs, maximum number available in regular seats. ■ TYPE C WLBs, 29-77 capacity - Net 3 in wheelchairs, maximum number available in regular seats. ■ TYPE D WLBs, all sizes - Net 3 in wheelchairs, maximum number available in regular seats. 2s Page 241 of 527 7.22 TRAINING, EQUIPMENT AND PUBLICATION REQUIREMENTS A. Wheelchair Lift and Body Service Training The Contractor "shall be responsible for providing or arranging wheelchair lift service training as needed." This training shall include, at a minimum, one -day training seminars on overall features, operation, preventive maintenance, diagnosis and rebuild of wheelchair lifts offered through the bid. The seminars are to be conducted free of charge at district garage locations. At least one seminar on each given lift model shall be conducted per five school districts purchasing a bus or buses equipped with that lift. The Contractor shall also be responsible for providing eight one -day body service training seminars in conjunction with the Florida Summer Technicians Workshop (or equivalent, as determined by the SIMS). B. Chassis/Engine Training The Contractor of Type A, C and D school buses shall be responsible for providing chassis service training as needed. These seminars are to be conducted free of charge at district garage locations. This training shall include, at a minimum, one -day training seminars on overall features, tune-up, diagnosis and preventive maintenance of diesel engines or other major chassis components offered through this bid (at the discretion of the SIMS). At least one seminar on each given diesel engine model or other major component shall be conducted per four school districts purchasing a bus or buses equipped with that engine or componentry. Additionally, the bidder will be responsible for providing eight days of training in conjunction with the Florida Summer Technicians Training seminar. Training to be supplied by the bidder shall include provisions for supplying and transporting to each location a live training engine and/or other components, training aids and student handouts pertinent to the instruction. The STMS may provide assistance in organizing the training. C. Air -Conditioning The successful Type C and D bus bidder shall be responsible for providing or arranging air-conditioning training as needed. The training seminars are to be conducted free of charge at district garage locations. This training shall include, at a minimum, one -day training seminars on overall features, operation, preventive maintenance, diagnosis and repair of optional air-conditioning systems offered through the bid. At least one seminar on each given air-conditioning manufacturer's system shall be conducted per five school districts purchasing a bus or buses equipped with that optional air-conditioning system. The Contractor shall also be responsible for providing eight days of training in conjunction with the Florida Summer Technicians Training seminar. D. Service Manuals The successful Type C and D bus bidder is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one service manual per shop location, giving complete coverage of models purchased, including chassis and bodies. The service manuals shall contain all instructions, pictures and line drawings necessary for the maintenance, repair and rebuilding of all chassis, power train, antilock, air or hydraulic brake system components and body components. Chassis manuals shall include complete coverage of the engine, including all rebuild and service procedures. The service manuals shall contain all instructions, pictures and line drawings necessary for the maintenance, repair and rebuilding of all body components. This requirement may be fulfilled via use of a portable electronic storage medium or online access to an Internet site with the required information. 29 Page 242 of 527 E. Parts Manuals The Contractor is responsible for providing each school district purchasing one or more units prior to or concurrent with delivery of buses one parts catalog per shop location, giving complete coverage of models purchased, including chassis and bodies. Parts manuals shall include component part numbers and illustrations that clearly allow easy identification of component and sub -component parts. This requirement may be fulfilled via use of a portable electronic storage medium or online access to an Internet site with the required information. Delivery of service and parts manuals, or electronic access thereto, shall be confirmed to the STMS no later than five business days after delivery of the buses. Failure to provide the manuals, electronic files or Internet access within five business days of delivery of buses may be considered when determining the bidder's fitness for the next bid. Internet access to a manual or at least one representative set of manuals or compact disks shall also be provided to the STMS. 7.23 SERVICE REQUIREMENTS When inadequate dealer support, lack of parts availability or other factors result in downtime of bus(es) due to chassis, body or component problems subject to coverage under the warranties required via this bid, the Florida Department of Education, STMS, shall reserve the right to determine when downtime has become excessive. Downtime (for each given service problem) of five business days or fewer (consecutive or otherwise) shall not be deemed excessive for the purpose of these provisions. In instances when the STMS has determined that downtime is excessive, the STMS shall reserve the right to require on-site or other distributor or factory -level service representation and assistance as needed to resolve the problem. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery dates specified in the bid may result in bidder being found in default, in which event any and all reprocurement costs may be charged against the defaulting contractor. Any violation of these stipulations may also result in the cancellation of this contract in whole or in part with 30 days' prior notice in writing and supplier's name being removed from the state purchasing vendor mailing list. 7.24 MANUFACTURER'S CERTIFICATE OF ORIGIN Florida law requires a second -stage manufacturer's certificate of origin (MCO) if a chassis is built by one manufacturer, then delivered to another manufacturer for the purpose of manufacturing a complete vehicle. The Contractor is responsible for providing this second -stage MCO for all Type A and C units if chassis for these units are built by a different first -stage manufacturer. Additionally, the Contractor is also responsible for providing a second -stage MCO for Type D units if the chassis and body are produced by different manufacturers. The Contractor of Type C and D units built by the same manufacturer as a complete unit (chassis and body) shall supply a single MCO. 7.25 ALTERNATIVE FUEL ENGINE OPTION Bidders who are able to provide a compressed natural gas (CNG), liquid propane (LP), electric or plug-in hybrid electric vehicle, fuel cell or diesel/electric hybrid -powered school bus should include pricing on the optional alternative engine pricing sheet. The price should reflect ALL additional costs associated with this option. Please include or attach a summary explanation of modifications, if any, that would be required for the alternative fuel engine option. 7.26 DISCLOSURE OF ACCIDENT(S) OR MECHANICAL BREAKDOWN If a school bus is involved in an accident or if it has experienced mechanical breakdown prior to delivery, bidders are required to disclose such information to the purchasing school district or FSDB upon delivery. 30 Page 243 of 527 SECTION 8 - SUBMITTALS AND EVALUATION 8.0 PRELIMINARY SUBMITTAL REVIEW The absence of any of these documents may result in a bid response being deemed non-responsive and not evaluated. The bid forms furnished should be used when submitting your response. Forms should be filled out in ink or typewritten, SIGNED AND DATED with no alterations or amendments made, and enclosed with a signed cover letter. Submittal information should consist of the following: The bidder should submit one original, one hard copy of the original and one electronic copy of the entire bid response. Since the department will expect all bids to be in this format, failure of a bidder to follow this requirement may result in the resection of a bid. Section 1 ■ Transmittal Letter (completed on company letterhead) Section 2 ■ Attachment 1 - Vendor's Bid Pricing Sheets for base buses and options, each page signed or initialed ■ Attachment 2 - Disclosure Statement ■ Attachment 3 - Drug -Free Workplace Form ■ Attachment 4 - Minority Certificate ■ Attachment 5 - Scrutinized Companies Lists ■ Attachment 7 - Bidder Representation ■ Attachment 8 - Purchase Order Preference/Customer Contact Preference Form ■ Attachment 9 - File Structure for Required Status Report ■ Attachment 12 - Letter representing that buses will meet all applicable Federal Motor Vehicle Safety Standards and representing the adequacy of Gross Axle Weight Ratings (GAWRs) ■ Attachment 13 - Letter representing the power lift installation will be in compliance with Florida's specifications ■ Attachment 14 - Estimated delivery dates for Type A, C and D chassis delivery (supplied by chassis manufacturer) ■ Attachment 15 - Letter acknowledging liquidated damages, as specified in section 6.2 ■ Attachment 16 - Letter specifying the seat covering material manufacturer and model number ■ Attachment 17 - Letter stating that all Type C and D buses will meet chassis performance specifications ■ Attachment 18 - PDI program outline as specified in section 7.9 8.1 POSTING OF BID TABULATION The bid tabulation will be posted at the Department's Bureau of Contracts, Grants and Procurement Management Services, 332 Turlington Building, 325 West Gaines Street, Tallahassee, Florida, and on the VBS as specified in Section 3.3 - Schedule of Events, and will remain posted for a period of 72 hours. 8.2 PROTEST OF BID TABULATION OR PROCUREMENT TERMS Any bidder who is adversely affected by the department's recommended award or intended decision must file a written "Intent to Protest" with the department at the address of posting. See Section 4.4 - Procurement Protests/Notice of Rights for protest information. 8.3 INABILITY TO POST If the department is unable to post as outlined above, the department will notify all bidders by posting a notice on the VBS. The department will provide written notification via the VBS of any future posting in a timely manner. 31 Page 244 of 527 8.4 AWARD OF THE CONTRACT Services will be authorized to begin when the contractor receives a fully executed contract from the department's contract administrator and the department receives the performance bond from the contractor. 8.5 SUBMISSION OF ALTERNATE RESPONSES A company, its subsidiaries, affiliates and related entities should submit only one response. Submission of more than one response may cause the rejection of all responses submitted. In the alternative, the department may decide, in its sole discretion, which response to evaluate and consider. A company may not propose to serve as the prime contractor in one response and as a subcontractor in a different response. Remainder of page intentionally left blank 32 Page 245 of 527 i Headroom (minimum) [STD] [STD] [STD] [STD] [STD] )m/PA h Radio Radio (no PA) Door at Fuel Tank ite Integrated Child Restraint Seat ;hild Safety Seat h Integrated Child Restraint Seat egrated Child Restraint Seat Body Light Monitor UY4: 4: UY4: oulder Belts (PRICE PER UNIT- no reduction in seating capacity) *** rf. Ceiling Panel ckup System upil Crossing Arm ss Steel Mirror System (with non-corrossive brackets & fasteners) [STD] [STD] [STD] [STD] [STD] � Disconnect Switch Label ;ht Emergency Door ;eat Rear Heater e through Bumper r -Coated Windows s Seat with Integrated Seat Belt W/C - Add Seat (Lift Bus Only) (Lift Bus Only) N/A N/A N/A' - Seat - Add W/C (Lift Bus Only) (Lift Bus Only) N/A N/A N/A' - -hair Securement Area Lighting (Lift Bus Only) (Lift Bus Only) N/A " N/A N/A' - ;eating (Lift Bus Only) (Lift Bus Only) N/A " N/A N/A' - rd Track -seating Seat (Lift Bus Only) (Lift Bus Only) N/A N/A N/A' - s Seat with Inteerated Seat Belt Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range OPTIONAL WHEELCHAIR LIFfft - Manuf, Model,# Capacity, Platform width Manuf, Model,# Capacity, Platform width Manuf, Model,# Capacity, Platform width URTIED~4M octoomtRESTRAjNTSy! Manuf, Model Manuf, Model Manuf, Model Manuf, Model t-1] OPTIONALAIR-CONDITIONING Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS amber of Wheelchair Spaces: .amber of Wheelchair Spaces: .amber of Passengers in Regular Seats with Standard (3) Wheelchair Spaces: PACITY�FUR FRONT MOUNTED LIFT EQUIPPED BUSES" amber of Wheelchair Spaces: .amber of Wheelchair Spaces: .amber of Passengers in Regular Seats with Standard (3) Wheelchair Spaces: PAC& FUR REAR MOUNTED LIFT EQUIPPED BUSES" amber of Wheelchair Spaces: .amber of Wheelchair Spaces: .amber of Passengers in Regular Seats with Standard (3) Wheelchair Spaces: WARRANTYOPtIONS' gine Warranty Manuf, Model, 60 Months/150,000 Miles gine Warranty Manuf, Model, 60 Months/200,000 Miles gine Warranty Manuf, Model, 60 Months/Unlimited Miles gine Warranty Manuf, Model, 120 Months/Unlimited Miles anty 60 Months/Unlimited Miles =dit Option 12 Months/12,000 Miles ONLY (* see note) is warranty credit, the purchasing district is declining the standard cassis warranty dard body warranty and will only have warranty coverage for 12 Months/12,000 Miles ONS) from the updated in-service date of the bus. of of of of o sss r27272 3 .3 .3 E E E 0 0 0 m m m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a > > > > > > > > > > > > > > > > > > > > m m m m m m m m m m m m m m m m m m m m a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 a s mlmlmlmlm giiiq k Grrr7 gzzzzzzz m k<<<<<<< -----2-T § < 55555555555555555555 c N N O m 3 c oc 3 4 '^ ro ro ro ro u .� an ..�,.. d m m m OJ OJ C in vOi aL+ O O O C .tp . o 00 C J C t0 t0 t0 t0 c c c p N c mmmmm J J J J J of 0-1'01'01'0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a F F F F F F F F F F F F F F m m m m m m m m m m m m m m Q Q Q Q Q Q Q Q Q Q Q Q Q Q k § DELIVERY PRICES VENDOR: ABC School Bus Sales, Inc. 12345 Student Lane, Sunnyville, Florida 32555 Baker DELIVERY UPCHARGE FOR PROPANE PLEASE ADD $ DELIVERY UPCHARGE FOR CNG PLEASE ADD $ DELIVERY UPCHARGE FOR ELECTRIC PLEASE ADD $ DELIVERY UPCHARGE FOR MFSAB PLEASE ADD $ DELIVERY UPCHARGE FOR Holmes PLEASE ADD $ Live Oak Taylor Student Jackson Marianna Wakulla 12345 Student 12345 Student 12345 Student FROM: ADDRESS Lane, Lane, Sunnyville, Lane, Sunnyville, Lane, Sunnyville, Sunnyville, Florida 32555 Florida 32555 Florida 32555 BUS TYPE A C D MFSAB? Bay Panama City Baker Macclenny Bradford Starke Calhoun Blountstown Columbia Lake City Dixie Cross City Escambia Pensacola Gadsden Quincy Gilchrist Trenton Franklin Apalachicola Jefferson Monticello Lafayette Mayo Gulf Port St. Joe Levy Bronson Madison Madison Holmes Bonifay Suwannee Live Oak Taylor Perry Jackson Marianna Wakulla Icrawfordville Liberty Bristol Okaloosa Crestview Santa Rosa Milton Walton Defuniak Springs Washington Chii)lev Alachua Gainesville Baker Macclenny Bradford Starke Clay Green Cove Springy Columbia Lake City Dixie Cross City Duval Jacksonville Gadsden Quincy Gilchrist Trenton Hamilton Jasper Jefferson Monticello Lafayette Mayo Leon Tallahassee Levy Bronson Madison Madison Nassau Fernandina Beach Suwannee Live Oak Taylor Perry Union Lake Butler Wakulla Icrawfordville NOTE: DELIVERY PRICES ARE BY REGION AND BUSES SHALL BE DELIVERED TO THE COUNTY SEAT OF THE ORDERING DISTRICT. Page 260 of 527 DELIVERY PRICES REGION, 3 , COUNTY SEAT', Citrus Inverness Flagler Bunnell Hernando Brooksville Hillsborough Tampa Lake Tavares Marion Ocala Orange Orlando Pasco New Port Richey Pinellas Clearwater Putnam Palatka St. Johns St. Augustine Seminole Sanford Sumter Bushnell Volusia DeLand REGION 4 SEAT Brevard .COUNTY Cocoa Charlotte Punta Gorda DeSoto Arcadia Glades Moore Haven Hardee Wauchula Hendry LaBelle Highlands Sebring Indian River Vero Beach Lee Fort Myers Manatee Bradenton Martin Stuart Okeechobee Okeechobee Osceola Kissimmee Polk Bartow St. Lucie Fort Pierce Sarasota Sarasota REGION 5 COUNTY SEAT Broward Ft. Lauderdale Collier Naples Miami -Dade Miami Monroe Key West jPalm Beach W. Palm Beach NOTE: DELIVERY PRICES ARE BY REGION AND BUSES SHALL BE DELIVERED TO THE COUNTY SEAT OF THE ORDERING DISTRICT. Page 261 of 527 WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 N N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 C7 N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 LO N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 ti N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 co N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 N WE V) LU LU LU V) Z U d O N O N m H 0 0 Z w V) LU LU LU V) z U d O N O N m H 0 0 z LU N LU H O z N W 0 0 m ti N LO 4- 0 ti N N O1 V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 N ti N N O1 V) LU LU LU V) z U d O N O N m H 0 0 z LU N LU H O z N W 0 0 m ti N LO 4- 0 C7 ti N N O1 V) LU LU LU V) Z U d O N O N m H 0 0 Z w ti N LO 4- 0 ti N N O1 ATTACHMENT 2 DISCLOSURE STATEMENT (Rev. 07/02) PARTNERSHIP OR INDIVIDUAL 1 hereby certify that 1, if an individual, or each of us, if a partnership, doing business as (Name of Individual or Partnership) (am)(is) not now involved in, nor have I ever engaged in, any private business venture or enterprise, directly or indirectly, with the Commissioner of Education, the Deputy Commissioner of Education, any Associate Commissioner of Education, Division Director or Bureau Chief within the Florida Department of Education. I further certify that neither I, nor any partner, if a partnership, nor anyone acting in my or our behalf has requested that any of the above -designated persons, or any other employee of the Florida Department of Education, exert any influence to secure the appointment of under this proposed agreement. (Name of Individual or Partnership) (1 COMPANY OR CORPORATION Signature Signature Signature 1 hereby certify that neither 1 nor any owner, officer, director or shareholder of , a (Name of Corporation (Company)) (2) corporation, licensed to do business in Florida, is presently involved in (Name of State of Inc.) or has engaged in any private business venture or enterprise, directly or indirectly, with the Commissioner of Education, the Deputy Commissioner of Education, any Associate Commissioner of Education, Division Director or Bureau Chief within the Florida Department of Education. I further certify that neither I nor any owner, officer, director or shareholder of this corporation, nor anyone acting on behalf of this corporation or any of its owners, officers, directors or shareholders, has requested that any of the above -designated persons, or any employee of the Florida Department of Education, exert any influence to secure the appointment of under this proposed agreement. (Company) (Corporation) (3 (1) If partnership, each partner must sign and execute. (2) If company is not incorporated, insert "not incorporated" in this space. (3) If incorporated, this statement is to be executed by same person who will execute contract, if awarded. Signature Title Page 275 of 527 ATTACHMENT 3 DRUG-FREE WORKPLACE PROGRAM (will be considered in case of identical tie bids) Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace; the business's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, F.S., or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is convicted of a violation of chapter 893, F.S., or of any controlled substance law of the United States or any state. 6) Make a good -faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this business complies fully with the above -stated requirements. Vendor's Signature Page 276 of 527 ATTACHMENT 4 STATE OF FLORIDA DEPARTMENT OF EDUCATION MINORITY SUBCONTRACTORS UTILIZATION SUMMARY The Department's Supplier Diversity Initiative strives to ensure the promise of Florida's future is shared by all of its residents, regardless of race, ethnicity, disability, neighborhood or background. To that end, the Department is dedicated to support, track and increase its small, minority, women and service -disabled veteran business enterprise spending with prime contractors and subcontractors. This form was developed to assist in these efforts. The prime contractor shall report all small, minority, women and service -disabled veteran business enterprise subcontractors, identifying the name, address, type of certification and dollar amount of the subcontracts on the form below. The prime contractor shall submit this form with each invoice submitted for payment, whether or not funds have been spent with a small, minority, women or service -disabled veteran business enterprise subcontractor for the period covered by the invoice. The Office of Supplier Diversity, Florida Department of Management Services will assist in furnishing names of qualified minorities. The Office of Supplier Diversity can be reached at 850-487-0915 or go to http://dms.myflorida.com/other_ programs/office of supplier diversityosd. PRIME CONTRACTOR: CONTRACT NO.: CONTRACT TITLE: MBE CONTRACTORS Full Name, Address, Telephone Number State- Certified Non- Certified Non- Profit Dollar Amount Certified True and Correct by: Prime Contractor Title Date Total Amount $ Submit Report to: Ms. ReGina Register Bureau of Contracts, Grants & Procurement Management Services 325 West Gaines Street, Room 344 Tallahassee, Florida 32399-0400 For additional information, you may contact Ms. Register at 850-245-9173 or ReGina.Register�7a,fldoe,orq. Page 277 of 527 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor's Federal Employer Identification Number (FEIN): Vendor's Authorized Representative Name and Title: Address: City: Phone Number: Email Address: State: Zip: ATTACHMENT 5 Section 287.135, F.S., prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that, pursuant to section 287.135, F.S., the submission of a false certification may subject this company to civil penalties, attorney's fees and/or costs. CERTIFIED BY: WHO IS AUTHORIZED TO SIGN ON BEHALF OF THE ABOVE -REFERENCED COMPANY? Authorized Signature (Print Name and Title): Page 278 of 527 ATTACHMENT 6 Contract for Type A, Type C and Type D School Buses and Optional Equipment THIS CONTRACT FOR TYPE A, TYPE C AND TYPE D SCHOOL BUSES AND OPTIONAL EQUIPMENT, BID NO: ITB 2020-16, by and between the department, 325 West Gaines, Suite 834, Tallahassee, Florida 32399-0400, and , the contractor, a for-profit corporation registered in Florida, each referred to herein as "Party," and collectively referred to as the "Parties," WITNESSETH: WHEREAS, the Department desires to provide eligible users, defined herein, with various Type A, Type C and Type D School Buses and Optional Equipment (defined herein as "Vehicles"), through the use of a state term contract pursuant to rule 60A- 1.001, F.A.C.; and section 1006.27, F.S., and WHEREAS, the Department solicited responses to an Invitation to Bid No: ITB 2020-16 (ITB) to prospective contractors of said Vehicles; and WHEREAS, the contractor responded to the ITB and desires to provide said Vehicles; and, unto each other; NOW THEREFORE, in consideration of the premises, terms and conditions set forth herein, the Parties execute this contract so same becomes binding and enforceable by and through the Parties and their assigns, and agree heretofore: SCOPE OF WORK The intent of these specifications is to set forth and convey to prospective bidders the general type, character, performance and quality of the Vehicles desired by the Department and school districts. The contractor is authorized to provide Vehicles to any and all eligible users in the State of Florida. The Parties agree that the laws and rules that apply to this contract shall be for those applicable to contracts in excess of Category Two, or $35,000, as defined in chapter 287.017, F.S. Pursuant to Section 7.10 of Bid No: ITB 2020-16, the following documents are hereby incorporated by reference: ■ Department contract ■ Any addenda to Bid No: ITB 2020-16 ■ ITB No: 2020-16 ■ Award Letter • Contractor's response IN WITNESS WHEREOF, the Parties hereto have caused this contract For Type A, Type C and Type D School Buses and Optional Equipment, Bid No: ITB 2020-16, to be executed on the dates shown below their respective signatures. DEPARTMENT CONTRACTOR Signature Print Na Title Signature Print na Title: Date: Date: Page 279 of 527 BIDDER REPRESENTATION FORM ATTACHMENT 7 TO: Commissioner Richard Corcoran Florida Department of Education Tallahassee, Florida 32399-0400 I, the bidder, hereby represent that the specifications of school bus equipment furnished under terms of this bid will comply with the National School Transportation and Procedures, Revised 2015, and the Florida School Bus Specifications, Revised 2019, as represented by the manufacturer to the Commissioner of the Florida Department of Education, State of Florida. NOTES: 1. Do not include excise tax in price schedule. A tax exemption certification or number will be furnished by the purchasing agency. 2. All prices must be quoted in even dollar amounts. 3. Twenty-nine capacity Type C buses shall be offered with both front -mounted and rear -mounted lift availability. 4. All standard and optional tires bid shall be all -wheel position highway rib radials. Comments regarding production schedules and remarks (for informational purposes only): Company: By: Address: Telephone: FEIN: Signature: Date: Page 280 of 527 ATTACHMENT 8 PURCHASE ORDER CONTACT PREFERENCE INFORMATION Please provide pertinent contact information for your company to be used on all purchase orders for buses purchased pursuant to this bid: ATTN (Contact Person's Name): Contact Person's Title: Company Name: Street Address: City, State, Zip: Telephone: CUSTOMER CONTACT PREFERENCE INFORMATION Please indicate the proper contact person for all inquiries related to bus orders: Contact Person's Name: Contact Person's Title: Company Name: Street Address: City, State, Zip: Telephone: Fax: Email address: Page 281 of 527 ATTACHMENT 9 FILE STRUCTURE FOR REQUIRED STATUS REPORT ITEM # FIELD TYPE FIELD NAME FIELD DESCRIPTION 1 TEXT BUYER PURCHASING ENTITY 2 DATE PODATE DATE PO RECEIVED (MM/DD/YY) 3 TEXT DELIVERY TYPE OF DELIVERY (P) = Pickup (D) = Delivered 4 TEXT BUS NUMBER LOCAL SCHOOL BUS NUMBER 5 TEXT BUS TYPE BUS TYPE (A, C OR D) 6 TEXT VIN # VEHICLE IDENTIFICATION NUMBER 7 TEXT FUELTYPE TYPE OF FUEL (D) = Diesel (P) = Propane (C) = Compressed Natural Gas (CNG) (G) = Gasoline (E) = Electric 8 NUMBER SHELLCAP BODY SHELL SIZE 9 NUMBER SEATING CAP REGULAR SEATING POSITIONS 10 NUMBER W/CCAP WHEELCHAIR POSITIONS 11 TEXT A/C BODY A/C EQUIPPED (Y OR N) 12 TEXT LIFT BODY LIFT EQUIPPED (Y OR N) 13 TEXT ACMAN AC MANUFACTURER 14 TEXT ACMOD AC MODEL 15 TEXT LIFTMAN LIFT MANUFACTURER 16 TEXT LIFTMOD LIFT MODEL 17 TEXT LIFT SERIAL LIFT SERIAL NUMBER 18 TEXT CHASMAN CHASSIS MANUFACTURER 19 TEXT CHASMOD CHASSIS MODEL 20 DATE BLD—DATE BUILD DATE (MM/DD/YY) 21 TEXT BODMODEL BODY MODEL OR SIZE 22 TEXT BOD SERIAL BODY SERIAL NUMBER 23 TEXT ENGMOD ENGINE MODEL 24 TEXT ENGINE SERIAL ENGINE SERIAL NUMBER 25 TEXT TRANSMOD TRANSMISSION MODEL 26 TEXT TRANS # TRANSMISSION SERIAL NUMBER 27 TEXT EXT WARRANTY EXTENDED TRANSMISSION WARRANTY (Y/N) 28 TEXT STAT PRODUCTION STATUS 29 DATE ESTDATE ESTIMATED COMPLETION DATE 30 TEXT FINDATE UNIT DELIVERY OR PICKUP DATE (MM/DD/YY) NOTE: File shall be a Microsoft Excel spreadsheet. 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N c 7 N 3 L v ,-- R 0 W R CO Q -N 0 N »� 0) c (6 00- E aE LL O N d d Q E O u a LL N E O LL0 u Q c v co ro 3 E O C O u Q T w a` MA F- 4; d 6 z FMVSS and GAWR attestation of compliance letter ATTACHMENT 12 Page 287 of 527 Power Lift attestation of compliance letter ATTACHMENT 13 Page 288 of 527 Chassis Delivery Dates Letter ATTACHMENT 14 Page 289 of 527 Liquidated Damages Acknowledgement Letter ATTACHMENT 15 Page 290 of 527 Seat Covering Specifications Letter ATTACHMENT 16 Page 291 of 527 Type C and Type D Chassis Performance Letter ATTACHMENT 17 Page 292 of 527 Pre -Delivery Program Outline ATTACHMENT 18 Page 293 of 527 Bid Addenda (if any) ATTACHMENT 19 Page 294 of 527 FLORIDA SCHOOL BUS SPECIFICATIONS Effective January 2020 FLORIDA DEPARTMENT OF.III.,..,J - fl!' oe.org Page 295 of 527 [Page Intentionally Blank] Page 296 of 527 TABLE OF CONTENTS FOREWORD............................................................................................................................................... ii GENERAL INFORMATION AND WARRANTY PROVISIONS........................................................1 SECTIONI............................................................................................................................................... I-1 TYPE A SCHOOL BUS MINIMUM CHASSIS SPECIFICATIONS......................................................1-2 TYPE A SCHOOL BUS OPTIONAL CHASSIS EQUIPMENT.............................................................. I-6 SECTIONII............................................................................................................................................II-1 TYPE C AND TYPE D SCHOOL BUS MINIMUM CHASSIS SPECIFICATIONS.............................11-2 TYPE C AND TYPE D SCHOOL BUS OPTIONAL CHASSIS EQUIPMENT SPECIFICATIONS .... 11-9 SECTIONIII..........................................................................................................................................III-1 MINIMUM SCHOOL BUS BODY SPECIFICATIONS........................................................................III-2 SCHOOL BUS BODY EXCEPTIONS.................................................................................................III-18 OPTIONAL BODY EQUIPMENT SPECIFICATIONS.......................................................................III-19 SECTIONIV......................................................................................................................................... IV -1 POWER LIFT EQUIPPED SCHOOL BUS MINIMUM SPECIFICATIONS ...................................... IV -2 POWER LIFT EQUIPPED SCHOOL BUS OPTIONAL EQUIPMENT SPECIFICATIONS .............. IV -7 SECTIONV.............................................................................................................................................V-1 AIR CONDITIONER SPECIFICATIONS............................................................................................... V-2 APPENDIX A: MINIMUM LETTERING AND LIGHTING REQUIREMENTS...............................A-1 APPENDIX B: COLORADO RACKING LOAD TEST....................................................................... B-5 APPENDIX C: KENTUCKY POLE TEST PROCEDURES................................................................0-1 I Page 297 of 527 FOREWORD Florida School Bus Specifications are adopted as authorized under section 1006.25, Florida Statutes (F.S.), and rule 6A-3.003, Florida Administrative Code (F.A.C.). This effective date of this edition of the Florida School Bus Specifications is January 1, 2020. ii Page 298 of 527 GENERAL INFORMATION AND WARRANTY PROVISIONS All public school buses (bodies and chassis) owned, operated, rented, leased and contracted for by any public school board or charter school in Florida, used to transport children to and from school or school -related events, and purchased after the effective date of this document, as specified in rule 6A-3.003, F.A.C., must: 1. Meet or exceed the minimum requirements of these specifications; 2. Meet all applicable Federal Motor Vehicle Safety Standards (FMVSS); and 3. Meet or exceed the 2015 National School Transportation Specifications and Procedures (also referred to herein as the 2015 National Specifications), except when in conflict with the requirements herein. In such cases, the requirements specified in this document shall prevail. The requirements specified herein are the minimum requirements for school buses in Florida. The date used to determine the applicability of these specifications is defined as the date the vendor receives the purchase order or signs a valid sales contract with the purchaser. All school bus chassis and body manufacturers must certify to the Commissioner of Education, Florida Department of Education (department), by letter that all school buses offered for sale to or use by the public school systems, including charter schools, in Florida meet or exceed all standards, specifications and requirements specified herein. Used school buses purchased or operated by a public school board or charter school in Florida must meet or exceed all federal and state requirements for public school buses that were in effect on the date the vehicle was manufactured. Under the authority of s. 316.615, F. S., certain capacity school buses owned, operated or leased by nonpublic schools in Florida are required to meet the specifications prescribed herein. DEFINITIONS: 1. School Bus (State Definition): Section 1006.25, F.S., defines a "school bus" as "a motor vehicle regularly used for the transportation of prekindergarten disability program and kindergarten through grade 12 students of the public schools to and from school or to and from school activities, and is owned, operated, rented, contracted or leased by any district school board..." 2. School Bus (Federal Definition): Title 49 CFR Part 571.3 defines: "school bus" as "a bus that is sold or introduced in interstate commerce for purposes that include carrying students to and from school or related events." 3. Multi -Function School Activity Bus (MFSAB): is defined by Florida school bus specifications as a school bus constructed to FMVSS and Florida school bus specifications to be used for school -related activities. MFSABs may not be used to transport students to and from school or between schools for the purpose of attendance. 4. MFSAB (Federal Definition): Title 49 CFR Part 571.3 defines "MFSAB" as a school bus NOT used to transport students to and from home or school bus stops. SCHOOL BUS TYPES: 1. Type A: A school bus that is constructed using a cutaway front -section vehicle with a left side driver's door. This definition includes two classifications: Type A-1, with a Gross Vehicle Weight Rating (GVWR) of 14,500 pounds or less, and Type A-2, with a GVWR greater than 14,500 pounds and less than or equal to 21,500 pounds. 2. Type C: A school bus that is constructed using a chassis with a hood and front fender assembly. The entrance door is behind the front wheels. This type also includes the cutaway truck chassis or truck chassis with cab, with or without a left side door, and with a GVWR greater than 21,500 pounds. Also known as a conventional school bus. 3. Type D: A school bus that is constructed using a stripped chassis. The entrance door is ahead of the front wheels. This type bus is also known as a rear engine or front engine transit -style school bus. Page 299 of 527 MFSAB: Can be a Type A, C or D school bus as described above, with the following exceptions: Identification: The bus body shall bear the words "ACTIVITY BUS" in a contrasting color at least 8 inches high in the area where "school bus" is normally positioned. Lettering and numbering shall conform to FMVSS and Florida School Bus Specifications and shall meet reflectivity standards. The numbering on this bus may be of a contrasting color. The name of the school system shall be displayed in at least 6 -inch letters on both sides of the bus in the beltline area. School or team lettering no larger than 6 inches high and logos no larger than 12 inches high may be placed below the beltline. NO additional SIGNS OR LOGOS shall be applied to any area of the bus, including the bumpers and the windows. Color: The local school board must determine and approve the color of the activity bus. The color scheme may utilize any combination of up to three colors. This combination may be in addition to an optional white roof. The color National School Bus Yellow shall not be used as a part of the color scheme. The bus wheels shall not be painted black or yellow; however, they may be painted one of the three colors selected for the bus body or may be unpainted aluminum -finished polished wheels. Seating: Type 2 lap/shoulder seat belts are required for all seating positions, including the driver's seat. Lighting and Warning Devices: All activity buses shall meet state and federal standards for home -to -school bus lighting and warning device requirements, with the following exceptions: 1. MFSAB's shall not be equipped with alternately flashing amber and red student warning signal lamps used for loading and unloading students. 2. MFSABs shall not be equipped with stop arm signals or crossing control arms. WARRANTIES AND PARTS AVAILABILITY FOR NEW VEHICLES: All warranties listed herein must apply to all school buses manufactured after the effective date of these specifications and sold through the state school bus bid purchase program. Body and chassis manufacturers' warranty policies must allow revision of warranty start date for each vehicle to the actual in-service date by the school district. Appropriate forms to update chassis warranties must be included in the owner -operator's packet supplied with the chassis and must be conveyed along with the body warranty by the body builder to the district upon delivery of the completed unit. Above requirements must apply to the basic warranties, all component warranties and any extended warranties offered or required. There must be no hours -of -use limitation on any warranty required in these specifications or the associated state bid for school buses. Manufacturers offering school bus chassis or bodies for sale in the state of Florida must make available replacement parts for said buses for a period of no less than 120 months. The minimum labor rate for all warranty related repairs must be $75.00 per hour. CHASSIS WARRANTIES: 1. The minimum chassis warranty shall be 12,000 miles or 12 months. 2. The standard chassis warranty for Florida school bus bids shall be 100,000 miles or 60 months. 3. Engines (including flywheel, flex plate and harmonic balancer) on types A, C and D chassis must be included with both minimum chassis warranty and standard chassis warranty as described above. 4. Pricing requests will be added to the bid for the following extended engine warranty options: a. pricing for 60 months/150,000 miles; b. pricing for 60 months/200,000 miles; and c. pricing for 60 months/unlimited mileage. 5. Chassis frame rails, cross members, fuel tanks, front axle I -beams and rear axle housings must be warranted for a period of 120 months, from the updated in-service date of the vehicle, 100 percent parts and labor. 6. Paint finish coats to chassis, hood, fenders, and cowl shall be warranted for 60 months/ 100,000 miles, 100 percent parts and labor, for adhesion, color retention and gloss retention. 7. Color Retention: During the first 36 months from the in-service date, the color coat must not shift colors more than 4 AE from the centroid, as specified in School Bus Manufacturers Technical Council (SBMTC) publication SBMTC-008. During the 60 -month warranty period, the color coat must not shift color more than 8 AE from the centroid, as specified in SBMTC-008. 2 Page 300 of 527 8. Gloss: During the first 36 months from the in-service date, the gloss reading must not fall below 60 at 600 . During the 60 -month warranty period, the gloss reading must not drop below 30 at 600 . a. All measurements must be the average of 12 readings taken at various points on the bus, but no reading must be more than three points under the stated minimum. All readings must be taken after the bus is thoroughly washed to remove road film and dust. BODY WARRANTIES: 1. The minimum body warranty shall be 12 months. 2. The standard body warranty for Florida school bus bids shall be for 60 months/100,000 miles, 100 percent parts and labor and shall include, but not be limited to, the following items: a. The total air conditioner system on any bus so equipped, including parts and labor and excluding air filters used in normal preventive maintenance. Chassis engine -driven air conditioner compressor applications must be approved in writing by the engine manufacturer, who must state that the installation will not void or reduce the engine manufacturer's warranty or extended service liabilities in any way. b. All mirror assemblies and mounting bracketry must be warranted against rust and corrosion and any reduction in clarity of view due to discoloration or other deterioration of the lens. c. All bus body electrical wiring and switches, including, but not limited to, damage resulting from wiring or connectors becoming abraded, pierced by fasteners, shorted or otherwise damaged during manufacture or use. d. Paint finish coats to body, hood and cowl for adhesion, color retention and gloss retention. Acceptable lower limits during the warranty period are as follows: I. Adhesion: During the 60 -month warranty period, paint and priming compounds must not fail to adhere to the bus with normal use and care. ii. Color Retention: During the first 36 months of service, the color coat must not shift colors more than 4 AE from the centroid, as specified in SBMTC-008. During the 60 -month warranty period, the color coat must not shift color more than 8 AE from the centroid, as specified in SBMTC- 008. iii. Gloss: During the first 36 months of service, the gloss reading must not fall below 60 at 600 . During the 60 -month warranty period, the gloss reading must not drop below 30 at 600 . iv. All measurements must be the average of 12 readings taken at various points on the bus, but no reading must be more than three points under the stated minimum. All readings must be taken after the bus is thoroughly washed to remove road film and dust. e. All emergency exit roof hatches, including defects in material and workmanship and against leakage. f. All passenger seat back cushions and seat frames, excluding vandalism of any exposed foam. g. All powered entrance doors and operating and control systems. Power lift warranty minimums are listed below, and are not included with the standard body warranty. POWER LIFT WARRANTY: A statement of warranty must be provided with each lift assuring the quality of materials and workmanship of the product for at least 36 months from the updated in-service date of the vehicle. The minimum warranty must provide 100 percent parts coverage for 36 months and 100 percent labor coverage for 12 months. MINIMUM WARRANTY OPTIONS: Each manufacturer or dealer may include as part of its bid package credit option allowances for districts that wish to forego the aforementioned standard and extended warranty plans and purchase the minimum/base warranty option package. TECHNOLOGY AND EQUIPMENT, NEW: The intent of these specifications is to accommodate new technologies and equipment that will better facilitate student transportation. New technology and equipment are acceptable for use in all vehicles if - 1. £1. Items do not compromise the effectiveness or integrity of any major safety system. (Examples of safety systems include, but are not limited to, compartmentalization, the eight -lamp warning system, emergency exits and the approved color scheme.) Page 301 of 527 2. Items do not diminish the safety of the bus interior. 3. Items do not create additional risk to students who are boarding or exiting the bus or are in or near the school bus loading zone. 4. Items do not require undue additional activity and/or responsibility for the driver. 5. Items generally increase efficiency and/or safety of the bus, generally provide for a safer or more pleasant experience for the occupants and pedestrians in the vicinity of the bus and/or generally assist the driver and makes his/her many tasks easier to perform. CHANGES OR CLARIFICATION OF SPECIFICATIONS: Florida School Bus Specifications may be amended pursuant to the provisions of rule 6A-3.003, F.A.C. The School Transportation Management Section, with the concurrence of the Florida Association for Pupil Transportation (FAPT), School Bus Specifications Committee, and consistent with Florida purchasing laws and the bus bid contract, may at its discretion grant variances or exemptions and may from time to time issue clarifications of these specifications, as necessary, to provide safe, efficient and cost-effective equipment to Florida school districts and charter schools and to provide for advances in technology. Should a clarification or interpretation of these Florida School Bus Specifications be requested, inquiries should be directed to Director, School Transportation Management Section, Florida Department of Education, 325 West Gaines Street, Suite 834, Tallahassee, Florida 32399-0400. 0 Page 302 of 527 SECTION I 1-1 Page 303 of 527 TYPE A SCHOOL BUS MINIMUM CHASSIS SPECIFICATIONS ALTERNATOR: Type A buses shall have a minimum 130 -amp alternator. Buses equipped with an electrically powered wheelchair lift and/or air conditioning shall be equipped with the highest rated capacity available from the chassis Original Equipment Manufacturer (OEM). BATTERIES: The storage battery, or batteries, shall have a minimum cold cranking capacity rating (cold cranking amps) equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit and a minimum reserve capacity rating of 120 minutes at 25 amps. Higher capacities may be required, depending upon optional equipment and local environmental conditions. BRAKE, PARKING: On Type A chassis, the manufacturer's standard parking brake is acceptable. On Type A chassis with hydraulic brakes, the parking brake control must be mounted for easy access by the driver. On air brake models, the control valve to set the parking brakes on the rear wheels must be dash -mounted. BRAKES, SERVICE: Hydraulic or air brakes are permissible. BUMPER, FRONT: Type A buses may be equipped with an OEM -supplied front bumper. ENGINE EQUIPMENT: I. A dry type air cleaner is required on all engines. 2. The engine must be equipped with full -flow, spin -on or cartridge -type oil filter(s), with the filter header(s) mounted directly to engine. 3. An engine coolant recovery or deaeration system is required on all chassis. Type A diesel engines must include a means to visually check the coolant level without removing the deaeration tank cap or releasing pressure from the cooling system. 4. A warning system consisting of a light and a buzzer is required on diesel -powered Type A chassis to notify the driver of low engine oil pressure and/or coolant overheating. 5. A fuel filtration and water separator system is required on all Type A diesel engines and must remove contaminants from the fuel prior to entry into the engine. The system must have a clear sight bowl or be equipped with a water -in -fuel light to notify technicians of the presence of water, must provide a valve for draining trapped water from the system and must include an electric or manual priming pump. 6. An engine oil pressure gauge is required. It must provide accurate, easily discernible readings across the entire operating range, from hot idle to full oil pressure. The gauge on engines with idle oil pressure that under normal conditions is low must provide a clear distinction between no oil pressure and engine idle oil pressure. The gauge must be directly visible to the driver in the normal seated position and must not be mounted near the center of the dash where the service door control or its associated hardware could block visibility of the gauge. 7. Radiator and other engine coolant hoses supplied by the chassis manufacturer (not including heater hoses) must be constructed of silicone rubber or must be constructed with ethylene propylene diene monomer (EPDM) covering and aramid fiber reinforcement meeting or exceeding Society of American Engineers (SAE) standard J20R EC Class D-1. Silicone hose, if used, must include stainless steel shoe -type hose clamps or constant -torque clamps. Hoses must have markings, coloring or other visible means of distinguishing them from the standard hoses. I-2 Page 304 of 527 ENGINE PERFORMANCE REQUIREMENTS FOR TYPE A BUSES: Each bus must be furnished with a power train that meets or exceeds the following minimum criteria when tested at the gross vehicle weight rating (GVWR) required for a given bus capacity, and with all accessories (including air conditioner compressor(s), if equipped) on and operating: 1. Startability of 20 percent; 2. Gradeability of 5 percent at 25 miles per hour; 3. Gradeability of 1.5 percent at 50 miles per hour; and 4. Top speed of 70 miles per hour minimum. Performance must be measured with the actual completed vehicle (i.e., with the body installed, unloaded except for the driver and one passenger). The vehicle must be in drive, with the engine at idle, the service brakes applied, the emergency brakes released, and all accessories on and operating. Measurement of acceleration time must begin at the moment the throttle is applied (the throttle is to be immediately and rapidly depressed to full throttle). NOTE: The chassis manufacturer should use the heaviest chassis/body combination meeting these specifications for the specific bus size to determine required power train components. This test is an on -road test and will be performed using the heaviest available chassis/body, depending on body(les) supplied. At the discretion of the department, unanticipated factors or variations in test conditions affecting performance test results that are beyond the control of the chassis manufacturer may be taken into account. A Pro Link, a diagnostic computer, or a speed wheel are also acceptable tools for this test. Maximum acceleration time (from zero mph), under the conditions specified above, must be as follows (measured in seconds): TEST METHOD 0-10 MPH 0-20 MPH 0-30 MPH 0-40 MPH 0-50 MPH ACTUAL 3.4 16.2 112.0 120.0 172.2 Manufacturers may offer additional engine configurations and horsepower ratings that exceed these requirements as optional equipment. EXHAUST SYSTEM: The exhaust system on Type A buses must have a corrosion -resistant muffler and tailpipe. The tailpipe must exit to the left of left frame rail and behind the rear wheels. The chassis manufacturer must ensure that the exhaust design allows the exit location left of the left frame rail to be maintained after any modifications to frame length by the chassis or body manufacturer. Manufacturers must ensure that exhaust temperature exiting the tailpipe with the engine running during any normal loading or unloading activity will not produce first, second or third-degree burns on students or other individuals present. The bus must not automatically regenerate the diesel particulate filter while the bus is stationary. FRAME SIDE MEMBERS: Frame side members must be of one-piece construction between the front and rear spring hangers. Frame rails of Type A chassis must have a minimum tensile strength of 50,000 pounds per square inch (psi). FRONT AXLE WHEEL SEALS: All Type A buses greater than 14,500 GVWR must have oil -lubricated front axles and seals. FUEL TANK: The fuel tank filler spout must be located in an easily serviceable location. I-3 Page 305 of 527 HEADLIGHTS: Headlights must meet FMVSS and SAE standards. All buses must be equipped with Full -Time Lights (FTL) meeting the following requirements: 1. With the ignition switch off, the headlights will operate normally and the FTL system will not operate. With the ignition switch on or in the "accessory" position, and with the engine not running, the FTL must not operate. With the ignition switch on and the engine running with the headlight switch off, the FTL system must operate, providing low -beam headlights and tail, clearance and identification (ID) lights. In all cases, the headlight switch must override the FTL system when in the "on" position. This system must include a buzzer that activates if the headlight system is on with the key switch in the "off' position. IGNITION SYSTEM: All buses of like chassis manufacturer must have one key, regardless of the type of key supplied to Florida purchasers. INSULATION: Type A chassis must include heat and noise insulation inside the bus covering the dash panel (fire wall) area to as great an extent as possible. Insulation must extend at least down to the point where the body floor connects to the fire wall, including the engine cover (doghouse), which may be insulated on the interior or exterior. LINE -SET TICKET: The manufacturer must include with delivery of the vehicle a line -set ticket to accurately reflect all chassis components, the Gross Axle Weight Rating (GAWR) of both front and rear axles, and the gross vehicle weight rating (GVWR). PAINT AND FINISH: School bus yellow paint must meet SBMTC-008 for color and must have a finished gloss rating of at least 85 at 60°F and a distinctness of image rating of an average of at least 50, measured using the same method specified for gloss under GENERAL INFORMATION AND WARRANTY PROVISIONS. Paint must be applied for a total dry thickness of at least 1.8 mils over all painted surfaces. Trim, lettering and the bumper must be black, except that the bumper must be striped with reflective material in accordance with Natiorral...Scho.ol:.. Ifrarrsp€�rt�r�jo S''. c;ii"icatrorrs gad R(,vrs�,d 2015.,Rims for all buses with hub -piloted wheels must be National School Bus Yellow and powder -coated by the rim manufacturer. Lug nuts must not be painted. All stud -piloted rims must be painted black. STEERING: A factory -installed tilt steering wheel/column is required. TIRES AND RIMS: Chassis must be equipped with radial tubeless tires and must have dual rear wheels. Type A buses greater than 14,500 GVWR must use hub -piloted disc wheels. Tires and rims must conform to current standards of the Tire and Rim Association. TRANSMISSION, AUTOMATIC: An automatic transmission is required on all chassis. It shall be heavy-duty, with a minimum of four forward speeds, on all units. On Type A chassis, 30 capacity and larger, the transmission must be an Allison 1000 or 2000 or approved equal. An external filter in the transmission oil cooler return line is required on Allison 1000 and 2000 equipped units. All Allison transmissions require OEM -approved synthetic transmission fluid and OEM filters. Automatic transmissions incorporating a parking pawl must have a transmission shifter interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission. All non -park pawl I-4 Page 306 of 527 transmissions must incorporate a park brake interlock that requires the service brake to be applied to allow release of the parking brake. Any requests for transmission substitutions must be approved in writing by the purchasing district and the department's School Transportation Management Section. VOLTAGE CONTROL: The voltage regulator must be solid state (transistorized) and readily accessible for service. A voltmeter is required with a graduated scale. WARRANTIES: See required warranties under GENERAL INFORMATION AND WARRANTY PROVISIONS. WIRING HARNESS: The wiring must be rated for 100 amps load and include complete wiring for the tail and stop lights. It must be designed with color coding for circuits. The fuse box door, if equipped, must have a positive latch. I-5 Page 307 of 527 TYPE A SCHOOL BUS OPTIONAL CHASSIS EQUIPMENT AIR -SPRUNG REAR SUSPENSION SYSTEM: There shall be an option for an air -ride or approved equivalent air -sprung rear suspension system, when available. Rear shock absorbers are also required with this option, as on standard suspension systems. COLLISION MITIGATION: There shall be an option for passive and/or active electronic collision mitigation system(s), if available. LOW -PROFILE RADIAL TIRES: There shall be an option for all -wheel -position, highway -ribbed, low -profile, tubeless radial tires of size and load range meeting Tire and Rim Association Standards for the required GAWRs. SPARE DISC WHEEL: There shall be an option for a spare disc wheel, which must be same size and type as the original rims. STABILITY CONTROL: There shall be an option for electronic stability control meeting the minimum requirements of FMVSS No. 136, if available. STRAIGHT FLOOR CHASSIS: There shall be an option for Type A chassis to accept straight floor bodies (i.e., bodies with no wheel wells). This type chassis must have a combination of axles, suspension, tires, wheels and axle stops that ensures that the maximum upward travel of the rear suspension in normal straight -ahead driving does not protrude above the top of the frame rails. TOW HOOKS OR TOW EYES: There must be two subcategories for this option: (1) two heavy-duty front tow hooks or tow eyes (each hook or eye must be installed by the chassis manufacturer in an approved manner to each frame rail); (2) two heavy-duty rear tow hooks or tow eyes (each hook or eye must be installed by the chassis manufacturer in an approved manner to each frame rail). AUTOMATIC TRANSMISSION WARRANTY: There shall be an option for extension of the transmission warranty to five years, unlimited mileage, 100 percent parts and labor. Also see GENERAL INFORMATION AND WARRANTY PROVISIONS. I-6 Page 308 of 527 SECTION II Page 309 of 527 TYPE C AND TYPE D SCHOOL BUS MINIMUM CHASSIS SPECIFICATIONS ALTERNATOR: Types C and D chassis with internal combustion engines shall be equipped with a heavy-duty alternator having a minimum output rating of 200 amps or higher, and should produce a minimum current output of 50 percent of the rating at engine idle speed. Buses equipped with an electrically powered wheelchair lift and/or air conditioning shall have a minimum alternator output of 240 amps and may be equipped with a device that increases the engine idle speed when the voltage drops to, or below, a pre-set level. BATTERIES: The storage batteries shall have minimum cold cranking capacity rating (cold cranking amps) equal to the cranking current required for 30 seconds at 0 degrees Fahrenheit and a minimum reserve capacity rating of 120 minutes at 25 amps. Higher capacities may be required, depending upon optional equipment and local environmental conditions. BRAKE, PARKING: On hydraulic brake models, a parking brake is required, with the control mounted for easy access by the driver. On air brake models, a dash -mounted control valve to spring -set the parking brake on the rear wheels is required. BRAKES, SERVICE: Hydraulic brakes are acceptable on 29-35 capacity Type C buses. Air brakes are required on all Type C buses larger than 41 capacity, and all Type D front and rear engine buses. BUMPER, FRONT: Types C and D buses must have a front bumper that is black, of full width channel type, and a minimum of 8 inches wide (vertically). The bumper must have sufficient structural and mounting strength to ensure that the front of the vehicle can be lifted by means of an air bumper -type j ack, without permanent deformation of the bumper, brackets, or chassis frame rail(s). ENGINE EQUIPMENT: 1. Diesel engines must be available in at least one of the following two configurations: a. Parent bore type block; in-line 6 cylinder design; minimum 6.4 liters displacement. b. Wet sleeve type block; in-line 6 cylinder design; minimum 6.4 liters displacement. NOTE: Additional engines of other configurations or displacements, including gasoline, propane and CNG (not in lieu of the above), meeting all other requirements listed herein may be offered, subject to approval by the department. Electric -powered configurations may be offered and are exempt from the engine requirements listed below. 2. A dry type air cleaner is required. An air filter restriction indicator is required on diesel engines. The restriction indicator must incorporate a system that does not allow unfiltered air into the engine if the indicator cracks or breaks. 3. The engine must be equipped with a full -flow, spin -on or cartridge -type oil filter(s), with the filter header(s) mounted directly to engine. 4. An engine coolant recovery or deaeration system is required on all chassis. Diesel engines must include a means for visually checking the coolant level without removing the deaeration tank cap or releasing pressure from the cooling system. II -2 Page 310 of 527 A warning system consisting of a light and a buzzer is required on gasoline, propane, CNG and diesel -powered chassis to notify the driver of low engine oil pressure and/or coolant overheating. A fuel filtration system with a water separator is required on diesel engines and must remove contaminants from the fuel prior to entry into the engine. The system must have a clear sight bowl or be equipped with a water -m - fuel light to notify technicians of the presence of water, must provide a valve for draining trapped water from the system, and must include an electric or a manual priming pump. An engine oil pressure gauge and a coolant temperature gauge are required. The oil pressure gauge must provide accurate, easily discernible readings across the entire operating range, from hot idle to full oil pressure. Gauges on engines with idle oil pressure, which under normal conditions is low, must provide a clear distinction between no oil pressure and engine idle oil pressure. Gauges must be directly visible to the driver in the normal seated position and must not be mounted near the center of the dash where the service door control or associated hardware could block visibility of the gauges. Radiator and other engine coolant hoses supplied by the chassis manufacturer (not including heater hoses) must be constructed of silicone rubber or ethylene propylene diene monomer (EPDM) covering and aramid fiber reinforcement meeting or exceeding SAEJ20R EC Class D-1. Silicone hose, if used, must include stainless steel shoe -type hose clamps or constant -torque clamps. Hoses must have markings, coloring or other visible means of distinguishing them from standard hoses. Manufacturers must use the largest capacity oil pan available for each engine configuration in order to achieve the longest duration oil change interval. ENGINE PERFORMANCE REQUIREMENTS: Each bus must be furnished with a power train that meets or exceeds the following minimum criteria when tested at the GVWR required for a given bus capacity, and with all accessories (including air conditioning compressor(s), if equipped) on and operating: 1. Startability of 20 percent; 2. Gradeability of 5 percent at 25 miles per hour; 3. Gradeability of 1.5 percent at 50 miles per hour; and 4. Minimum top speed of 60 miles per hour. NOTE: The chassis manufacturer should use the heaviest chassis/body combination meeting these specifications for the specific bus size to determine required power train components. This test is an on -road test and will be performed using the heaviest available chassis/body, depending on body or bodies supplied. At the discretion of the department, unanticipated factors or variations in test conditions affecting performance test results that are beyond the control of the chassis manufacturer may be taken into account. A Pro Link, a diagnostic computer or a speed wheel are also acceptable tools for this test. Maximum acceleration time (from zero mph), must be as follows (measured in seconds): Performance must be measured with the actual completed vehicle (i.e., with body installed, unloaded except for the driver and one passenger). The vehicle must be in drive, with the engine at idle, the service brakes applied, the emergency brakes released, and all accessories on and operating. Measurement of acceleration time must begin at the moment the throttle is applied (the throttle is to be immediately and rapidly depressed to full throttle). 29-77 Capacity Types C and D: TEST METHOD 0-10 MPH 13.4 10-20MPH 0-30 MPH 112.0 1 0-40 MPH 1 0-50 MPH ACTUAL 3.7 6.2 12.0 120.0 132.2 78-90 Capacity Type D: TEST METHOD 0-10 MPH 10-20MPH 0-30 MPH 1 0-40 MPH 1 0-50 MPH ACTUAL 3.7 171 12.0 120.0 132.2 II -3 Page 311 of 527 Manufacturers may offer additional engine configurations and horsepower ratings that exceed these requirements as optional equipment. EXHAUST SYSTEM: The exhaust system must have a corrosion -resistant muffler and tailpipe. The tailpipe must exit to the left of left frame rail and behind the rear wheels. Manufacturers must ensure that exhaust temperature exiting the tailpipe with the engine running during any normal loading or unloading activity will not produce first, second or third-degree burns on students or other individuals present. The bus must not automatically regenerate the diesel particulate filter while the bus is stationary. Also see Section III, Electrical Equipment and Wiring. FRAME SIDE MEMBERS: Frame side members must be of one-piece construction between the front and rear spring hangers. Frame rails must have a minimum tensile strength of 50,000 pounds per square inch (psi). FRONT AXLE LUBRICATION: All buses must have oil -lubricated front axle hubs, providing an externally visible means of checking the lubricant level. HEADLIGHTS: Headlights must meet FMVSS and SAE standards. All buses must be equipped with Full -Time Lights (FTL) meeting the following requirements: 1. With the ignition switch off, the headlights will operate normally and the FTL system will not operate. 2. With the ignition switch on or in the "accessory" position, and with the engine not running, the FTL must not operate. With the ignition switch on and the engine running with the headlight switch off, the FTL system must operate, providing low -beam headlights and tail, clearance and identification (ID) lights. In all cases, the headlight switch must override the FTL system when in the "on" position. This system must include a buzzer that activates if the headlight system is on with the key switch in the "off' position. HOOD: Engine hood on Type C buses must not require more than 20 pounds of force to open or close. IGNITION SYSTEM: All ignition switches must be keyed alike. All buses of like chassis manufacturer and type must have one key. INSULATION: Type C chassis must include full width and height heat and noise insulation on the inside or outside of the bus covering the dash panel (firewall) area to as great an extent as possible and at least up to the top of the firewall and down to the point that the body floor connects to the firewall, including the engine cover (doghouse). Type D Front Engine buses must include complete heat and noise insulation of the doghouse area. LINE -SET TICKET: Manufacturer must include with delivery of vehicle a line -set ticket to accurately reflect all chassis components, GAWR of both front and rear axles, and GVWR. PAINT AND FINISH, TYPES C and D CHASSIS: School bus yellow paint must meet SBMTC-008 for color and must have a finished gloss rating of at least 85 at 60° and a distinctness of image rating of an average of at least 50 measured using the same method specified for gloss under GENERAL INFORMATION AND WARRANTY PROVISIONS. Paint must be applied for a total dry thickness of at least 1.8 mils over all painted surfaces. Trim, lettering and bumper must be black, except that bumper must be striped with reflective material in accordance with Natiorr,al Scl oo.] J[rar:s� ortatxor: �;p��cii"icatioris arr(:]. II -4 Page 312 of 527 rocs ��w- R�vxsed 2015 and Procedures or these specifications. Rims must be powder-coated National School Bus ..................................................................................................... Yellow, by the wheel manufacturer. Lug nuts must not be painted. NOTE: MFSAB is excluded from the school bus yellow color requirement of this section, however, all other paint rating requirements shall apply. See MFSAB requirements under GENERAL INFORMATION AND WARRANTY PROVISIONS beginning on page 1. RADIATOR FILLER TUBE: The radiator filler must be located for ease of service from the engine compartment on Type C and Type D rear engine buses. It must be located for ease of service from outside the bus on Type D front engine buses. STABILITY CONTROL: Electronic stability control meeting the minimum requirements of FMVSS No. 136 is required. STEERING: A tilt steering wheel/column is required. TIRES AND RIMS: Chassis must be equipped with radial tubeless tires mounted on hub -piloted disc wheels. All wheels of 8.25 inches or greater width must be two hand -hold wheels. Tires and rims must conform to current standards of the Tire and Rim Association (see Chassis Specifications Charts for sizes). See PAINT AND FINISH for wheel color information. TRANSMISSION, AUTOMATIC: An automatic transmission is required on all chassis as specified: I. Type C 29-47 capacity, Allison PTS 2100, 5 speed or Ford 6RI40, 5 speed or approved equal. 2. Type C 65-78 capacity, Allison PTS 2500, 5 speed or Ford 6RI40, 5 speed or approved equal. 3. Type D 71 capacity front engine, Allison PTS 2500, 5 speed or approved equal. 4. Type D 78-89 capacity front engine, Allison PTS 2500, 5 speed or approved equal. 5. Type D 72 capacity rear engine, Allison PTS 2500, 5 speed or approved equal. 6. Type D 78-89 capacity rear engine, Allison PTS 3000, 6 speed or approved equal. All requests for transmission substitutions must be approved in writing by the purchasing district and by the department's School Transportation Management Section. Allison PTS 2000 series transmissions must include an external spin -on type, vertically mounted transmission fluid filter. The shifter must be dash- or console -mounted and must be either a T -handle or push-button design. Allison PTS 3000 series transmissions must have at least five speeds enabled for front engine Type D and six speeds for rear engine Type D. All transmissions require synthetic or OEM approved equal transmission fluid and must use OEM filters. Automatic transmissions incorporating a parking pawl must have a transmission shifter interlock controlled by the application of the service brake to prohibit accidental engagement of the transmission. All non -park pawl transmissions must incorporate a park brake interlock that requires the service brake to be applied to allow release of the parking brake. WIRING HARNESS: All chassis electrical wiring must conform to current standards of the Society of Automotive Engineers, be coded by color, insulated and completely encased in convoluted loom or equivalent protective wrapping. In locations that prevent such looming, wires must be properly held in place by appropriate fasteners at intervals necessary to prevent possible damage to wire insulation. The fuse box door, if equipped, must have a positive latch. All chassis electrical II -5 Page 313 of 527 circuits must be fused per the requirements of FMVSS. Buses using multiplexed electrical systems may meet the intent of these specifications without the use of specified equipment, subject to approval by the department. II -6 Page 314 of 527 0 4 C7 '� " o ,. � IooNN 61 N M N O H N "CG V O ,. � " o 0 o N ,. N O N M N N � "CG O ,. 4." O N � "CG O 0 0 o 0 N N N 00 0 � vi z/1 "G 0 � bA "CG cn 140. w 4 O N N ^G N ^N N N ¢ O 4." .�- S� to tc w 3 by1 N U c v d 3 C) 0 4 C7 '� " o ,. � IooNN 61 N M N O H "CG O ,. " o 0 o N ,. N O N M N "CG O ,. 4." O "CG O 0 0 o 0 N N N 00 0 � vi z/1 "G � bA "CG cn 140. N N ^G N ^N 0 0 o N N N o M O O � v1 bA C/1 "CG O O O N N O O O � vi bA C/1 "CG O O O O O N N N O M "CG O I I O O N N N U U U � "CG TYPE C AND TYPE D SCHOOL BUS OPTIONAL CHASSIS EQUIPMENT SPECIFICATIONS AIR -SPRUNG FRONT SUSPENSION SYSTEM: There shall be an option for an air -ride or approved equivalent air -sprung front suspension system, when available. Front shock absorbers are also required with this option, as on standard suspension systems. AIR -SPRUNG REAR SUSPENSION SYSTEM: There shall be an option for an air -ride or approved equivalent air -sprung rear suspension system, when available. Rear shock absorbers are also required with this option, as on standard suspension systems. COLLISION MITIGATION: There shall be an option for passive and/or active electronic collision mitigation system(s), if available. ALTERNATOR, HIGHER OUTPUT: There shall be an option for alternators having a minimum of 270 amps hot -rated output. HIGH CAPACITY FUEL TANK: There shall be an option for a fuel tank of higher capacity than the standard fuel tank, mounted on the right side or between the frame rails, when available. LOW -PROFILE RADIAL TIRES: There shall be an option for all -wheel -position, highway -ribbed, low -profile tubeless radial tires of size and load range meeting Tire and Rim Association Standards for the required GAWRs. SPARE DISC WHEEL: There shall be an option for a spare disc wheel, which must be same size, type and color as the original rims. TOW HOOKS OR TOW EYES: There shall be an option for two heavy-duty tow hooks or tow eyes, installed by manufacturer on each frame rail at the front of the bus in an approved manner. The manufacturer may also offer rear -mounted tow hooks or tow eyes meeting these requirements. STRAIGHT FLOOR CHASSIS: There shall be an option for a chassis designed to accept straight floor bodies (i.e., bodies with no wheel wells). This type of chassis must have a combination of axles, suspension, tires, wheels and axle stops that ensures that the maximum upward travel of the rear suspension in normal straight -ahead driving does not protrude above the top of the frame rails. TIRES: There shall be an option for alternate brand, size and tread designs of tires when available. Optional tires must meet GAWR requirements and Tire and Rim Association Standards. II -9 Page 317 of 527 [Page Intentionally Blank] 11-10 Page 318 of 527 SECTION III Page 319 of 527 MINIMUM SCHOOL BUS BODY SPECIFICATIONS The specifications set forth in this section apply to types A, C and D school buses. Special exceptions for Type D bodies are listed at the end of this section. The completed school bus must meet all Federal Motor Vehicle Safety Standards, requirements of the State of Florida and requirements ofthe.N. a or:aI Sci:If12 ooI r:s.;rorlatior: Sliecii"icatior: gad'5,. Revise(.1 2(fl y (state specifications supersede national specifications). References to bus capacity within these specifications are for Maximum Design Capacity, as defined below under BODY DATA PLATE. BATTERY DISCONNECT SWITCH: There must be a battery disconnect switch in the air conditioning (A/C) or battery compartment or within three feet of the battery box if no A/C box is available. This switch must be accessible and operable from the exterior of the bus. Electronic control modules may be connected to battery power per the manufacturer's discretion; however, any circuit that does not become an open circuit with the actuation of the battery disconnect switch must be fused appropriately at the power source and labeled so each circuit is easily identifiable. BODY DATA PLATE: A durable data plate must be mounted inside the body in a clearly visible location. The body data plate information must include a listing of the "Maximum Design Capacity" and the "Equipped Capacity" of the body. Maximum Design Capacity must be the maximum number of passengers the bus (body shell size) can carry, based on 12.8 inches minimum seat width per passenger, with the minimum knee room (seat spacing) permitted by FMVSS No. 222. Equipped Capacity must be the actual passenger capacity of the finished body, as equipped by the manufacturer, based on: 1. The number of total passengers the installed bench seats are designed to carry; and 2. The number of wheelchair positions installed (based on wheelchair space dimensions contained in Section IV of these specifications). 3. An example of the format to be used for Equipped Capacity is "28 + 3 WC," meaning 28 regular passenger seating positions plus three wheelchair positions. BODY FLUID CLEANUP KIT: Each bus must be equipped with a disposable, sealed body fluid cleanup kit mounted by a method that will retain it under a load equivalent to 20 times the weight of the kit and must be removable without the use of tools. The kit must be accessible to the driver. The kit container must be sealed with a breakable, nonreusable seal, with the following items: A U.S. Environmental Protection Agency (EPA) registered liquid germicide (tuberculicidal) disinfectant; A fully disposable wiping cloth; A water-resistant spatula; Step-by-step directions; Absorbent material with odor counteractant; Two pairs of gloves (Nitrile); One package towelettes; and A discard bag (non -labeled paper bag with plastic liner and a twist tie). This bag must be approximately 4 x 6 x 14 inches and of a non -safety color (i.e., not red, orange or yellow). BUMPER, REAR: The rear bumper must be of pressed steel channel at least 3/16 inch thick, 8 inches wide (vertically), and flanged 2 inches at the top and bottom, or otherwise designed to furnish equal flexural strength. It must be of wraparound design and securely fastened to each chassis rail and braced from each end of bumper to chassis rail with heavy braces. The bumper must have the structure and strength necessary to allow the unloaded vehicle to be lifted with a bumper jack without deformation or damage. The contour of the bumper must fit the contour of the body in a manner to prevent III -2 Page 320 of 527 hitching to or riding on the bumper. An appropriate seal must be applied between the bumper and the body panel, unless the gap between the bumper and the body panel is 1/8 inch or less. DRIVER'S DOCUMENT COMPARTMENT: On Types C and D buses, a pouch on the front side of the driver's side crash barrier with minimum dimensions of 17 x 12 x 4 inches is required. This pouch must be located to the left side of the barrier for types B and C, and to the right side of the barrier for Type D, accessible to the driver from the seated position. It must be made of the same material as the covering on the barrier and have a lid or cover with a latching device such as VelcroTM or snaps. DRIVER'S SEAT: All school buses must have a driver's seat equipped with a one-piece high back designed to minimize the potential for head and neck injuries in rear impacts, providing minimum obstruction to the driver's view of passengers, and meeting applicable requirements of FMVSS No. 222. The height of the seat back must be sufficient to provide the specified protection for up to a 95th percentile adult male, as defined in FMVSS No. 208. The driver contact area of the cushion and seat back must be made of soil and wear -resistant cloth material, nylon, or equivalent. The remainder of the seat may be of a different material. The seat must be centered behind the steering wheel with the backrest a minimum distance of I I inches behind the steering wheel. The seat must be securely mounted to ensure minimal flexing of the seat and the floor panel(s). All school buses equipped with air brakes must also be equipped with an air suspension driver's seat meeting the following additional requirements: I . The air control for the height adjustment must be within easy reach of the driver in the seated position. 2. The seat cushion must be a minimum of 19 1/2 inches wide, must be fully contoured for maximum comfort, and have a minimum of two adjustment positions to allow adjustment of seat bottom angle. 3. The backrest must include adjustable lumbar support. 4. The seat must have a minimum of 7 inches fore and aft travel, adjustable with the driver in the seated position. This requirement applies to the seat mechanism. 5. The seat must have a minimum 4 inches up and down travel. 6. The seat back must include adjustability of tilt angle. 7. All adjustments must be by fingertip controls not requiring the use of tools. 8. Air suspension seats must be dampened by dual shock absorbers, acting independently. 9. The seat must comply with all applicable Federal Motor Vehicle Safety Standards. 10. All other buses must have a driver's seat equipped with a hydraulic and/or spring suspension base, and a minimum seat cushion width of 19 inches, and must meet the other requirements listed herein for air suspension seats. The chassis manufacturer's standard driver's seat is acceptable for Type A buses. Also, see GENERAL INFORMATION AND WARRANTY PROVISIONS. DRIVER'S SEAT BELT: Buses must be equipped with a Type 2 lap belt/shoulder harness seat belt assembly for the driver. The design must incorporate a fixed female push-button latch on the right side at seat level, and a male locking bar tongue on the left, retracting side. The assembly must be equipped with a single, dual sensitive Emergency Locking Retractor (ELR) for the lap and shoulder belt. This system must be designed to minimize cinching down on suspension type seats. The lap portion of the belt must be anchored or guided at the seat frame by a metal loop or other means at the right side of the seat to prevent the driver from sliding sideways out of the seat. There must be a minimum of 7 inches of adjustment of the "D" loop of the driver's shoulder harness, designed to provide adequate adjustment for all sizes of drivers within the range of a 5th percentile female to a 95th percentile adult male, as defined in FMVSS No. 208. Shoulder belt tension must be no greater than is necessary to provide reliable retraction of the belt and removal of excess slack. The seat belt assembly and anchorage must meet applicable FMVSS. Seat belt material must be bright orange in color, in order to provide maximum contrast with the driver's clothing. NOTE: The driver's seat belt assembly for Type A buses must be the manufacturer's standard Type 2 driver seat belt, meeting applicable FMVSS for school buses of 10,000 pounds GVWR and less. III -3 Page 321 of 527 ELECTRICAL EQUIPMENT AND WIRING: All wiring must conform to current SAE standards, be coded by color and be insulated. All joints must be soldered or joined by equally effective fasteners. All wires connected directly to the battery must have the end terminals protected with heat -shrink tubing. Body wiring and connectors, including any battery cables routed by the body manufacturer, must be routed so as to eliminate the possibility of wiring and connectors becoming abraded, pierced by fasteners, shorted or otherwise damaged during manufacture and use. All chassis and body electrical wiring must be completely encased in convoluted loom or equivalent protective wrapping. In locations that prevent such looming, wires must be properly held in place by appropriate fasteners at intervals necessary to prevent possible damage to wire insulation. A complete body wiring diagram showing the location of wires and the code of circuits for buses meeting Florida Specifications must be installed in each body. Additionally, for all school bus body optional electronic components installed in the bus, the body manufacturer must provide each district with at least one comprehensive parts and repair manual. Buses using multiplexed electrical systems may meet the intent of these specifications without the use of specified equipment subject to approval by the department. All requirements listed herein for Light Emitting Diode (LED) type lights must be for the latest generation LEDs available at the time of manufacture. Electrical components specified below must be provided, and wiring must be in circuits, as follows: ACCESS PANEL, ELECTRICAL: All Type C and D buses must be equipped with an electrical access panel to provide access to body electrical components and circuits. BACKUP LIGHTS; BACKUP ALARM and DECAL: There must be two backup lights of 4 inches in diameter, or 12.5 square inches, on the rear of all bodies meeting the following requirements: 1. They must be sealed LED lights; 2. They must use a plug connector; and 3. They must be set into the bus body (flush -mounted). The body manufacturer must provide a backup alarm on each bus to provide audible warning that the bus is in reverse gear. The alarm must meet the requirements of SAE J994 and have a variable volume feature that allows the alarm to vary from 87 dBA to 112 dBA sound level, staying at least 5 dBA above the ambient noise level. All buses must have a decal in full view of the driver indicating that the bus is equipped with a backup alarm. BRAKE/TAIL LAMPS, LARGE: Buses must be equipped with two combination LED type brake/tail lamps of a minimum of 7 inches in diameter or 38 square inches, mounted as high and spaced as far apart laterally as practical, below the window line, but not less than three feet measured from the center of the lamps. Also, they must use a plug type connector meeting FMVSS and SAE standards. BRAKE/TAIL LAMPS, SMALL: Buses must be equipped with two combination brake/tail lamps of 4 inches in diameter or 12.5 square inches, meeting FMVSS. Light intensity must at least equal Class A turn signal units. These lights must be LED lights with smooth exterior lens surfaces. They must use a plug connector and be set into the bus body. CIRCUIT BREAKERS: All body electrical circuits must be fused per the requirements of FMVSS. The main body electrical circuit must be protected by a manually resettable circuit breaker or fusible link. III -4 Page 322 of 527 CLEARANCE AND IDENTIFICATION LIGHTS: All clearance and identification lights must meet current SAE requirements and FMVSS and must: I. Be sealed LED lights. 2. Be surface -mounted with LexanTM, polycarbonate, or other non -corrosive material guard to prevent breakage. Lights set into the body do not require guards. 3. Use a plug connector. 4. Be activated by the headlight circuit. CONTROL PANEL LIGHTING: The control panel or switches supplied by the body manufacturer must be illuminated and have a control for varying the illumination to the control panel or switches. EMERGENCY EXIT BUZZER: Emergency door and emergency window buzzers must be connected to the accessory side of the ignition switch. HEATER/DEFROSTER: There must be a heater mounted in the front of the bus. A supplemental heater may be installed in any bus. All heaters must provide evenly distributed heat throughout the bus body, provide defrosting for the windshield and entrance door and meet the following performance standards: 1. Heaters must have capabilities of providing evenly distributed heat and creating a temperature rise to 50° F inside the body shell when soaked in an ambient temperature of 0° F for 15 hours. Heater performance must be measured as follows: a. Temperature measurement must be taken 39 inches inward from side walls, 39 inches inward from windshield and rear door, and 36 inches above floor. Heat must be evenly distributed through the aisle area. b. Temperature must rise to 50° F inside (when soaked in ambient temperature of 0° F for 15 hours) in 20 minutes when 170° F hot water is applied at the rate of 3 gallons per minute at a maximum of 6 psi pressure. 2. Defrosters — Must meet the following criteria: a. Must be able to defrost the total windshield area in a reasonable period of time under all normal driving conditions. b. Must be directional to provide the driver capability of defrosting in the drive view area first. c. Defroster system must have the capability of mixing a minimum of 50 percent outside fresh air with the defrosting air. d. Defroster system must meet the SAE Standard J381 performance requirement. All heater hoses must meet or exceed SAEJ20R EC Class D -I standards. If silicone hoses are used, shoe design hose clamps must be used. Heater lines on the interior of the bus must be fully shielded to prevent scalding of the driver or passengers in the event of a hose or connection failure. The modesty panels must not obstruct heat flow from the driver's area to the passenger area of the bus; this may be accomplished by ducting or other means that retains, to the extent practical, the required full width aluminized steel panel extending down to the floor. Also see SEATING AND MODESTY PANELS. A 1/4 turn ballcock coolant flow regulating valve for the heater must be installed so that its control is accessible to the driver, but in such a location as to discourage tampering by students. This valve may be remotely located if a suitable remote control system is used. Also required are 1/4 turn ballcock coolant flow regulating shut-off valves, installed in the pressure and return lines as close to the engine as possible. The windshield defroster and defogging system must provide defogging of the entire windshield, driver's side window and entrance door glasses by using hot air taken from the heater core. Bodies that do not have defrosters providing forced heated air by means of ducting across entire base of windshield must be equipped III -5 Page 323 of 527 with an additional right -side mounted defroster fan that uses hot air from the heater. One electrical switch must be provided to simultaneously turn on or off any fan(s) providing hot air for defogging of the windshield, driver's side window and entrance door glass. NOTE: Type A buses must have a fresh air type heater and defroster system as installed by the chassis manufacturer. INTERIOR LIGHTS: There must be at least four recessed flush -mounted interior lights in the passenger compartment of the bus, operated by one switch mounted on the control panel. If more than six lights are used, then an additional switch may be added to control these lights. There must also be two recessed flush -mounted interior lights mounted in the driver's area of the bus (to the left and right of the centerline of the bus), operated by a separate switch mounted on the control panel. Lenses for all interior lights must be LexanTM or other polycarbonate material. All interior lights must be LED lights. LICENSE PLATE LAMP: Must be LED and may be combined with one of the required combination brake/tail lamps. MASTER SWITCH FOR BODY ELECTRICAL CIRCUITS AND OTHER SWITCHES: All bodies must be equipped with an electrical circuit master switch that will turn body circuits ON and OFF by means of a solenoid (relay) controlled by the ignition switch. There must also be a manual noise abatement switch installed in the control panel, labeled and alternately colored, and wired into the activation circuit for the master body circuit solenoid. This must be an on/off switch that deactivates all body equipment that produces noise, including, at least, the AM/FM radio, heaters, air conditioners, fans, and defrosters. This switch must not deactivate safety systems such as windshield wipers or lighting systems. On types C and D buses there must also be a switch mounted in a location inaccessible to the driver to manually start the diesel particulate filter regeneration process. This switch must be appropriately labeled. POST -TRIP PASSENGER CHECK SYSTEM: System Requirements: 1. The bus must be equipped with a system to require the driver to walk to the rearmost interior of the bus after each trip to deactivate the system via a push button and to ensure that no passengers are left on the bus. The system must interconnect with the entrance door (and the driver's door on Type A buses) and immediately activate if the door is opened when the system is armed. 2. The system must have an indicator light in view of the driver that is illuminated when the system is armed. The system must be armed any time the bus is in service transporting students. This may be accomplished through the use of any reasonable method, such as recording a speed above 20 MPH or exceeding 10 minutes of operation with the door closed. In all cases, the system must arm itself after 10 minutes of operation, and/or any time the red student warning lights are activated. 3. The system may not be disarmed until the vehicle ignition switch has been switched to the "off' position. The system must not be activated if the ignition switch is placed in the accessory position or if the bus is restarted. 4. The system must turn on the interior lights when the ignition switch is turned to the "off' position. The lights must remain on for 60 seconds after system deactivation. 5. The system must not have a bypass. 6. The system must sound the vehicle horn and flash the headlights if the driver fails to deactivate the system within 60 seconds of turning the ignition off. Type A buses may activate the red student warning lights in lieu of the headlights. 7. The system must be disarmed by the use of a push button switch placed on the left rear bulkhead or above the left rear passenger window for types A, C, and D front engine (FE) buses. The push button must be placed above the left rear passenger window for Type D rear engine (RE) buses. This button must be clearly marked. III -6 Page 324 of 527 System Definitions: 1. Armed = The system is functioning and is ready to alarm. 2. Disarmed = The system is off and inactive. 3. Activated = The horn is blowing and the lights are flashing. 4. Deactivated = The disarm switch at the rear of the bus has been operated by the driver. System Functionality: 1. The system must be fully automatic in function and must not provide for manual bypass or override capability under any circumstances. 2. From the bus sitting still with ignition key in the "off' position: a. With the ignition key switched to the "accessory" position, the system remains disarmed. b. With the ignition key switched to the "on" position (engine remaining off), the system remains disarmed. c. With the ignition key switched to the "on" position (engine running) and the bus operated under 20 MPH, the system remains disarmed. d. With the ignition key switched to the "on" position (engine running) and the bus operated over 20 MPH or for more than 10 minutes of continuous operation (or other reasonable operational trigger mechanism), the system is armed. 3. From bus having been operated over 10 minutes, no longer moving, with the entrance door (and driver's door, if equipped) closed, the ignition key in the "on" position (engine running) and the system armed: a. With the ignition key switched to "off' position (engine off), the interior dome lights are immediately illuminated. b. With the ignition key switched to the "off' position (engine off) and the ignition key switched back to the "on" position (engine off or restarted) within 60 seconds, the interior dome lights are extinguished and the system remains armed, but flashing lights and horn alarms are not activated. c. With the ignition key switched to the "off' position (engine off), interior dome lights illuminated and entrance door (or driver's door, if equipped) opened, flashing light and horn alarms are activated. d. With the ignition key switched to the "off' position (engine off), interior dome lights illuminated and the driver taking no action for 60 seconds, the flashing lights and horn alarms are activated. e. With the ignition key switched to the "off' position (engine off), interior dome lights illuminated, and driver walking to the rear of the bus and disarming the system within 60 seconds, the system is disarmed and no flashing lights and horn alarms are activated. 4. Once the flashing lights and horn alarms are activated, they can be deactivated only by disarming the system at the rear of the bus. 5. The interior dome lights are extinguished 60 seconds after the system is disarmed. STUDENT WARNING LIGHTS. STOP ARMS. STUDENT CROSSING ARM. AND SYSTEM CONTROLS AND OPERATION: Student Warning Lights: Must be dual -mounted side by side on all corners of bus roof caps. Mounting must be as high as practical on the top and as near the outer edge of the bus, as curvature permits. The lamps must be securely mounted. There must be a black background that is at least 11/4 inches wide. The lamps installed in the outboard locations must be red; the lamps installed in the inboard locations must be amber. The lamps must be clearly visible in bright sunlight for a minimum of 500 feet. Additionally, student warning lights must: 1. Have light assemblies of a flat back design. Cutouts in roof caps must be no larger than necessary to accommodate the student warning lights wires. A flush -mounted design is acceptable. 2. Use strobing LED bulbs. III -7 Page 325 of 527 3. Be 7 inches in diameter or 38 square inches minimum. System Controls: Must be equipped with the following driver -actuated controls: 1. Master switch — provides means for deactivating the entire system, as would be required when opening the door at a railroad grade crossing. 2. Control switch — three positions: OFF, AMBER and RED. The switch may be a rocker, pull - type, or other switch providing three positions. This switch must be separated from the master switch by at least one inch and colored red. 3. Switch actuated by the service door. 4. Controls must provide for the combinations of switch positions and conditions of student warning lights, stop arm(s), stop arm lights and audible alarm, as indicated on the chart below. NOTE: The system must not be designed in such a way that the operator is required to actuate the controls in a particular sequence to achieve the desired combination of conditions. For example, if the driver places the three - position switch in the AMBER position, with the master switch ON, it must not be required that the three -position switch be moved to RED or that the service door be opened in order to deactivate the AMBER lights. In this example, the driver must be able to deactivate the AMBER lights by going directly from the AMBER to the OFF position. With Master Switch, Control Condition of Stop Arm(s), Stop Arm Switch, and Service Door Lights, Amber and Red Student Warning Lights and In The Followin Positions: Audible Alarm Must Be: CONTROL AMBER RED MASTER SWITCH SERVICE STUDENT STUDENT SWITCH POSITION DOOR STOP ARMS, WARNING WARNING AUDIBLE POSITION (three POSITION STOP ARM and and ALARM (ON or positions: LIGHTS PILOT PILOT OFF) off, amber or LIGHTS LIGHTS red) 1 ON OFF CLOSED 1 RETRACTED, OFF OFF OFF OFF 2 ON OFF OPEN 2 RETRACTED, OFF ON ON OFF 3 ON AMBER CLOSED 3 RETRACTED, ON OFF OFF OFF 4 ON AMBER OPEN 4 RETRACTED, OFF ON ON OFF 5 ON RED CLOSED 5 EXTENDED, OFF ON OFF ON 6 ON RED OPEN 6 EXTENDED, OFF ON OFF ON 7 OFF ANY ANY 7 RETRACTED, OFF OFF OFF POSITION POSITION OFF III -8 Page 326 of 527 Student Crossing Arm: Is required and must be: 1. Air -operated on all air brake -equipped buses. 2. Electrically operated on all hydraulic brake buses. 3. Mounted to the far right side of the front bumper and open to an angle perpendicular to the bus. 4. Designed so that all components and connections are weatherproofed. 5. Removable with hand tools for towing of the bus. 6. Designed to meet or exceed SAE Standard J1133. 7. Constructed of noncorrosive or nonferrous material or treated in accordance with the body sheet metal standard. 8. Designed so that it has no sharp edges or projections that could cause hazard or injury to students. 9. Designed and equipped with a four -point mounting to the front bumper. 10. Designed so that the arm extends approximately 72 inches from the front bumper when in the extended position. The arm must be constructed of a yellow polycarbonate material or noncorrosive tubing painted yellow. Approximate dimensions of the arm must be 65 x 3 x 1 inches. 11. Designed and installed to extend simultaneously with the stop arms by means of the stop arm control and retract within eight seconds of deactivation. 12. Equipped with a magnetic device or other assembly attached to the bumper at the end of the arm to provide a positive latch for the arm when not in use; this device must also reduce the tendency of the arm to rattle and vibrate when not in use. Ston Arm Signals: For all 47 capacity and larger buses, there must be installed on the left outside of the body two approved octagonal stop -signal arms, each equipped with two double-faced alternately flashing LED strobe lights for signaling a student stop. All buses of less than 47 capacity must be equipped with one stop arm. Bodies to be mounted on chassis with hydraulic brakes must be equipped with electrically actuated stop arm(s). Air -powered stop arms must be provided as standard equipment on all buses equipped with air brakes. The rear stop arm location on buses equipped with dual stop arms must be the left side of the bus, as close as practical to the left rear corner of the body. The light lenses of all stop arms must be RED. Air lines must not be readily accessible to students inside or outside the bus and must be made of copper, steel or nonmetallic materials meeting SAE Standard J848d. Fittings must be brass. Stop signal arms must meet the applicable requirements of SAE J1133. For controls, see the requirements above under System Controls. Stop arms must retract within six seconds of deactivation. For color, see LETTERING AND TRIM. STEP WELL LIGHT: A step well light must illuminate the bus entrance and be adequately protected. The step well light must be activated automatically when the service door is opened and the clearance lights are on. The step well light must be LED. See SERVICE DOOR for further operational requirements. STROBE LIGHT: A required white flashing LED strobe lamp must be installed on the roof of a school bus at a location centered (laterally) and approximately 48 inches (longitudinally) from the rear edge of the rear roof cap. If the bus is equipped with a roof hatch or other roof -mounted equipment falling within the above mentioned measurements, the strobe lamp may be located directly behind that equipment. The lamp shall have a single clear lens emitting light 360 degrees around its vertical axis, meeting the requirements of SAE J845. It may not extend above the roof more than the maximum legal vehicle height, as described in s. 3, ].(2..5 y 1. 12) ]E',3. A manual switch and a pilot lamp shall be included to indicate when the lamp is in operation. III -9 Page 327 of 527 TURN SIGNAL LAMPS: Front turn signal lights must be amber LED lights (if available); side turn signal lights must be amber LED lights on each side of the bus, mounted rearward of the service door on the right side and rearward of the front stop arm on the left side. All buses over 30 feet in length must have two amber LED turn signal lights mounted on each side of the bus. The rearmost side turn signals on buses over 30 feet long must be mounted at or rearward of the centerline of the rear axle. Rear turn signal lights must be plug-in LED lights that meet current SAE requirements and comply with FMVSS. TWO-WAY RADIO: Use of a two-way radio communications system approved by the school district is acceptable. VIDEO CAMERA MONITORING SYSTEMS: Districts may install video cameras in buses provided the installed system: 1. Is mounted securely in the bus; 2. Is outside the federal head impact zone (FMVSS No. 222); 3. Is located in an area not likely to cause student injury; and 4. Has no sharp edges orprojections. NOTE: This is the end of the ELECTRICAL EQUIPMENT AND WIRING section. EMERGENCY EXITS: I. The emergency door on all types A, C and front engine Type D buses must be located at the center of the rear of the bus and have a minimum horizontal opening of 24 inches and vertical opening of 48 inches. 2. The emergency door must be hinged on the right-hand side using hinge(s) with a brass or rust -resistant rod. 3. The outside control must consist of a nondetachable opening device designed to prevent "hitching to." 4. The emergency door must be equipped with a slide bar, cam -operated latching device having a minimum stroke of one inch. 5. The switch for the warning system must be enclosed in a metal case or durable case of other material, with rounded, protected edges. Wires leading from the switch must be concealed in the bus body. The switch must be installed so that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of slide bar will immediately close the switch circuit and activate the buzzer. 6. The door latch must be equipped with an interior handle that extends approximately to the center of the emergency door. It must lift up to release. 7. There must also be attached to the door, in such a way that it is visible inside and outside the bus, labeling as follows: "This door is equipped with a hold -open device. To release, open the door to its fully opened position." This sticker must be red on a white background, and the lettering must be a minimum height of 1/2 inch. Each non -lift bus must also be equipped with push -out type emergency exit side windows of similar design to the standard side windows, except for the following: 1. The emergency window assemblies must be hinged on the forward side. 2. No emergency window may be placed next to any child safety seat. 3. Emergency windows must be installed in the following quantity on non -lift buses: a. 0 to 40 capacity 1 window per side b. 41 to 72 capacity 2 windows per side c. 73 to 90 capacity 3 windows per side Buses 35 capacity and smaller must be equipped with one roof hatch emergency exit/ventilator. Buses over 35 capacity must be equipped with two roof hatch emergency exit/ventilators. Specifications for roof hatches must be as follows (also see GENERAL INFORMATION AND WARRANTY PROVISIONS): 1. Hinge(s) must be located on forward and rearward side of hatch. III -10 Page 328 of 527 2. The design must provide a "partially open" position along the full width of the hatch, adequate to allow air to enter or exit and, thereby, ventilate the bus by opening either the front or rear of the hatch. The hatch must allow for partial opening on any of its four sides and on all four sides simultaneously. Buses equipped with a lift are not required to be equipped with push -out emergency exit windows unless mandated by FMVSS No. 217. Lift buses may be equipped with push -out type emergency exit windows based on the capacity of a comparably sized non -lift bus. EMERGENCY ROADSIDE REFLECTORS: There must be three reflector warning devices, meeting the requirements of FMVSS No. 125, mounted in a location accessible to driver in the front section of the bus, and stored in a container. The container must be sealed with a breakable, nonreusable seal. FIRE EXTINGUISHER: A dry -chemical fire extinguisher with a gauge and designed to restrain tampering must be mounted in a place accessible to the driver, preferably near the service door. The fire extinguisher must bear the label of Underwriters Laboratories, Inc., showing a rating of no less than 2A- lOBC. FIRST-AID KIT: The bus must carry a Grade A, moisture- and dust -proof first-aid kit, mounted in such a manner that it can be easily detached and made portable and in an accessible place in the driver's compartment. The container must be sealed with a breakable, nonreusable seal and the contents must be as follows: 1 inch bandage compress (e.g., Band-Aids) two packages 40 inch triangular bandage with two safety pins one package 4 x 4 inch sterile gauze pads two packages of six each Rolled curlex bandage each in length two inches x six yards 1 inch roll adhesive tape in length one roll 2 1/2 yards Eye dressing packet two packages FLOOR AND FLOOR COVERING: 1. The floor must be level from front to back and from side to side except for the wheel housings, the toe board and the driver's seat platform. 2. All sills must be permanently attached to the floor. 3. The driver's compartment plate on conventional bodies must be removable, installed level with the bus floor. All components requiring servicing must be readily accessible. Openings in the bus floor to meet this requirement must be reinforced to maintain the full strength of the unpunctured floor. NOTE: Items 1-3 above, do not apply to Type A Buses less than 14,500 GVWR. For Type A buses less than 14,500 GVWR, the floor must provide adequate and firm support for seat legs and must have a minimum 1/2 inch marine grade or pressure -treated plywood, securely mounted to the floor. Basic floor construction of Type A buses must be the manufacturer's standard, meeting applicable FMVSS. 4. The floor covering must be resistant to ultraviolet light, ozone and moisture and have a minimum tensile strength of 1,200 pounds per square inch (psi) and a minimum elongation of 100 percent. Floor covering must be abrasion -resistant and slip -resistant and have a minimum coefficient of friction of 0.85 as measured under ASTM D1894 or 0.65 as measured under ASTM D2047. 5. The floor covering from the top step landing area to the emergency door (or rear seat on Type D rear engine buses) must be ribbed aisle, non-skid and wear -resistant, fire-resistant elastomer. Elastomer floor covering must meet Federal Specification ZZ -M -71d. Page 329 of 527 6. The landing area at the top of the steps must be ribbed elastomer, which must extend to the ribbed aisle floor cover. The leading horizontal edge, or nosing, must be white or yellow ribbed elastomer or other contrasting color and must have an integral 90 degree turn -down with a square leading edge matching the step treads. 7. All joints or seams in the floor covering must be covered with non-ferrous metal, minimum 1 inch wide, and the driver's compartment, except at the cowl, must have a special, approved molding. Alternate materials may be used if they provide equivalent durability. The molding must be securely attached to prevent a tripping hazard. 8. Manufacturers may use seamless one-piece floor rubber with an integral ribbed aisle meeting the requirements in 4 and 5. Aisle molding is not required when the bus is equipped with one-piece floor rubber. 9. All holes in the chassis firewall and around the transmission cover and engine housing must be adequately sealed. 10. A commercially available truck bed liner material meeting the requirements in 4 and 5 may be substituted for the required flooring material. FUEL FILLER OPENING: An opening of adequate size and design must be provided over fuel filler. Also see LETTERING AND TRIM. GRAB HANDLE AT ENTRANCE: A suitable grab handle or rail must be provided at the front entrance, securely mounted inside of the body. Grab handles must be made of round stainless steel, 1 inch outside diameter (OD). The grab handle and mounting must be designed to minimize the possibility of students' clothing or personal items becoming lodged or caught upon exiting the bus, in order to reduce the risk of injury or fatality to passengers from being dragged outside the bus. INSULATION AND SEALING OF JOINTS: The overlap of the edge of the exterior roof and side panels, and also the top edge of rub rails, must be sealed to prevent moisture, dust and other contaminants from entering the joints and the bus. LETTERING AND TRIM: Trim on the three rub rails below the beltline and all lettering must be black (except for stop signs). Entrance door frames, pilaster panels and other trim panels may be painted black if approved by the department. The letters of the words "SCHOOL BUS" on the top front and rear section of the bus body must be 8 inches high and correspond to the Series B Standard Alphabet (see the ,National ;ci:o,c l Jf ttl or, �litl cn;�xfcato:s �d Proc� gr( �Revised i y). "(Name of District) DISTRICT SCHOOLS," on each side of the bus body at the beltline must be in 6 inch minimum letters. Private and charter schools may alternately affix the name of the school in the aforementioned format and location. Bus numbers must be in 6 inch minimum height and on each side and on the front bumper and rear of the bus body. "EMERGENCY DOOR" must be in 2 inch letters at the top or directly above the door, visible inside and outside of bus. Lettering to indicate the fuel type must be located on the body adjacent to the fuel filler opening using minimum 1 inch letters. The words "STOP WHEN RED LIGHTS FLASH" must be displayed on the back of all buses in 6 inch black letters. Also, see the lettering requirements for emergency exits, including roof hatches and push -out windows, under EMERGENCY EXITS. Districts may add an American flag decal to the exterior of the bus. If used, it must be no more than 6 x 10 inches and be located in front of the district name on the beltline of the bus. Also see United States Public Law 4USC7. The front stop signal arm (both sides of arm) and rear stop arm (rear side only) must have a red background with a reflectorized white border; the letters "STOP" must be in 6 inch white reflectorized letters. Both sides of the front stop arm and the rear side of the rear stop arm must have reflectorized red sheeting of high-intensity material. The front side of the rear stop arm must be painted red. NOTE: Buses must include the lettering and trim specified above, and are limited to lettering, trim, symbols, markings, and coloration specified in the ,1'1a jori t,l School F'rar :�l�c����tt o �,1�,ecxfcatio:s and Proc,� � gr �,,,, R(vxs,� d 2..0...1 ...r.. III -12 Page 330 of 527 LICENSE HOLDER: A license holder must be included on the left rear outside of the body, with a suitable method for mounting the license tag. LOCKUP DEVICES: Any emergency door equipped with a locking device must have an ignition interlock that prevents starting the engine when the door is locked, meeting requirements of FMVSS No. 217. Emergency exit windows must not be operable (under normal conditions) from outside the bus and must not be equipped with any locking device. MIRROR SYSTEM: 1. Interior Mirror: Must provide adequate viewing of the entire length and width of the interior of the bus and be at least 6 x 30 inches. The mirror must meet the following requirements: a. Meet or exceed American National Standards Institutes (ANSI) Z97.1 requirements for safety glazing in mobile environments and be bonded to the mirror housing. b. Include a heavy-duty, single -piece mounting bracket that ensures stability. c. Housing must be low -gloss black. d. Incorporate a single knob (thumbwheel) adjustment to allow the driver to reposition the mirror without the use of tools. e. Have a soft gasket type frame that is bonded to the housing. NOTE: Interior mirror on Type A buses must be a minimum of 50 square inches and meet the above requirements. 2. Exterior Mirrors: Each school bus must be equipped with a system of exterior mirrors complying with FMVSS No. 111 and meeting the following requirements: a. Cross/Side-View Mirror System: This mirror system must incorporate the following features and requirements: I. Only one mirror is to be installed at each front corner of the bus. ii. Mirrors must not reflect excessive glare from the bus headlights or the sun into the driver's eyes. Mirrors must be a 1/4 sphere or shaded 1/2 sphere design. iii. Stainless steel or non -corrosive fasteners must be used in the construction of the mirror assembly and to hold the brackets to the body. iv. Mirror stabilizer brackets on all Type C composite hoods must use through -the -fender rubber or nylon mounts with stainless steel caps to reduce mirror vibration and erosion of the hood material. v. All exterior mirror fasteners, mounts and bracketry must be of non -corrosive material. b. Rear Vision Mirror System: A rear vision mirror system must be provided that incorporates the following features and requirements: I. The system must consist of one flat and one convex mirror lens per side. Each mirror set must be mounted on a single breakaway arm with a positive detent or lock. ii. Each of the four required mirrors in the rear vision mirror system must be electrically operated and remotely controlled from the driver's location. iii. All exterior mirror fasteners, mounts and bracketry must be stainless steel. Stainless steel or non -corrosive fasteners must be used in the construction of the mirror assembly and to hold the brackets to the body. c. Overall exterior mirror system: (cross/side-view and rear vision mirrors) must be isolated from vibration and be compliant with FMVSS No. 111. NOISE REDUCTION PACKAGE: A noise reduction package is required and must include full insulation of the ceiling, walls, and front and rear of the bus, including body bows and engine compartment, plus minimum 1/2 inch marine grade or pressure -treated plywood III -13 Page 331 of 527 or equivalent composite material securely mounted to the floor. Insulation material must be fire-resistant and of a type that will not harbor dampness. PAINT AND FINISH: All National School Bus Yellow paint must meet the Nat or:a1 Sc;lrool J['i,ar:s.)or'tatiorr , ccificatioris grid FroccdL.:r-(,, c,vise, x;,,,,201, y„ for color and have a finished gloss rating of at least 85 at 60°F and a distinctness of image (DOI) rating of an average of at least 50, measured using the same method specified for gloss under GENERAL INFORMATION AND WARRANTY PROVISIONS. Paint must be applied for a total dry thickness of at least 1.8 mils over all painted surfaces. School bus roofs must be painted white in color, and must meet the gloss and DOI ratings. White paint may extend to the leading and trailing edge of the roof caps, and may extend down to the drip rails. Trim, lettering and bumpers must be black except that bumpers must be striped in accordance with 1' gtjo.ri,a , scl: "o lf'i tr: c t ttxcrr:...S''. cx ,catior:s and rocs ��gr s, R�,vis(d 201 r or these specifications. Also see GENERAL INFORMATION AND WARRANTY PROVISIONS for warranty requirements, LETTERING AND TRIM and REFLECTIVE MARKINGS. PANELING, INTERIOR: Interior panel fastenings must minimize vibrations and rumble. A cove molding, which may be an extension of the body panels, must be installed covering the wall -to -floor.] oint beginning at the windshield post on the left side of the bus and extending along the walls around the corners to the service door on the right side. Molding must be securely fastened so that dirt will not readily work under it. The interior paneled area immediately below the window line must be aluminum -coated steel. REFLECTIVE MARKING PACKAGE: There must be installed a reflective marking package as specified inthe 1vatror:a;lSc1]o.01 Ifr r:s,1 rt�rtro �,��ecifrcatior:s gad F . Revjsc(.j 2(,,)i y. Striping must be installed longitudinally the length of the body at the vertical location immediately below the seat level rub rails but high enough so as to clear wheel wells, whenever possible. Short breaks in the striping at rivet locations are acceptable. Reflective markings are also required for all emergency exits, as specified in FMVSS No. 217. RUB RAILS: 1. There must be a rub rail on each side of the bus approximately at seat level, which must extend from the entrance door post around the bus body (except for emergency door) to the point of curvature near the cowl on the left side. 2. There must be rub rails located approximately at the floor line and the bottom of the outer skirt, which must cover the same longitudinal area as the upper rub rail, except at wheel housings, but extend only to the right and left corners. 3. Rub rails must be applied outside of body panels. Pressed -in or snap -in rub rails do not satisfy this requirement. SEATING, MODESTY PANELS (RESTRAINING BARRIERS), LAP BELTS, AND WEBBING CUTTERS: 1. Passenger seats must be mounted facing forward and provide a minimum of 12.8 inches of seat width per passenger seating position. The aisle must be 12 inches wide at a minimum. This plan of body seating must be used to determine seating capacity (see BODY DATA PLATE). 2. Seat spacing must meet the requirements of FMVSS No. 222. The first seat on each side of all types A, C and D buses must be equipped with FMVSS No. 225 -compliant child safety seat anchorage points. All 39 inch FMVSS No. 225 -compliant passenger seats must be equipped with two sets of anchorage points per bench seat. All passenger seats compliant with FMVSS No. 225 with a seat width of less than 36 inches must be equipped with one set of anchorage points per bench seat. 3. All passenger seats compliant with FMVSS No. 225 must be spaced to provide the maximum knee room (seat spacing) permitted by FMVSS No. 222. The rest of the passenger seats must provide for a minimum of 24 inches of knee room. 4. Seat padding must be secured to the frame so that it will not snag. Screws and bolts used in seat back construction must not be exposed. 5. Restraining barriers and passenger seats, including the seat back and the entire bottom cushion (including underside), must be covered with vinyl -coated material. All passenger seat assemblies and barriers must meet the requirements of the Natiorial Sc,� oo] Fr, tr:s ortatior: �A�� cxfc,atjor:s and Proc� fires, Revised 21D.1:: r, III -14 Page 332 of 527 School Bus Seat Upholstery Fire Block Test. Upholstery material for all passenger seats and barriers must meet the following color standard +/- four delta E: III/ob X Y Z x y 1 D65 Daylight 7.21 7.92 12.52 2606 2963 2 2 7.51 7.30 4.07 3978 3865 3 Rom Light 7.33 7.37 8.15 3207 3226 6. Buses must have an FMVSS-compliant padded restraining barrier in front of the forward-most passenger seat on each side of the bus. Also see Section V for restraining barrier requirements for buses equipped with wheelchair lifts. Restraining barriers at the entrance side and the driver's side must have a full-width, aluminized steel panel below the padded section extending down to the floor, except as specified under heater/defroster specifications (see ELECTRICAL EQUIPMENT AND WIRING). 7. All Type A school buses sold through the State of Florida school bus bid must be equipped with Type II, three-point seat belts in all passenger seating positions. These belt systems must meet the requirements of Ngtiorla.] Sc1]ool I[� rl.s ic�rt tixo �;�;�e cxfcatiotus and Procedures,, Revise,(] 2015. 8. All types C and D buses must be equipped with lap belts in all passenger seating positions, meeting the following requirements: a. All belts and anchorages must comply with FMVSS Nos. 209 and 210. b. Belts must be manufacturer's standard style lap belts. The nonadjustable buckle end of each belt must be the aisle-side connection point on each passenger seat. c. Each two-part belt must be separately color-coded to aid in proper connection. d. Any belt system with parts that can be manually disassembled without the use of tools and any system that is subject to easy vandalism shall not be approved for use in Florida school buses. e. Retractable seat belts are permissible at the purchaser's option. If this system is specified, the retractors must be emergency locking type, and the retractors must be mounted below the seat bight. Seat bight is defined as the area close to and including the intersection of the surfaces of the vehicle seat cushion and the seat back. f. All federal requirements supersede any of these requirements. g. School districts may install restraining systems that differ from these requirements as necessary to accommodate pre-school age children and children with special needs. Such systems must comply with FMVSS Nos. 209, 210 and 213, as applicable, and must be approved by the body manufacturer. 9. All buses must also be equipped with a durable webbing cutter having a full width handgrip and a protected, replaceable blade. The required belt cutter must be mounted in a location accessible to the driver in the seated position and be easily detachable. SERVICE DOOR: 1. The service door must be a split or.] ackknife type located at the right front of the bus. Doors must be securely hinged with approved heavy-duty hinges with abrass or rust -resistant rod adequately fastened to the adjoined member. Doors must have a 1 1/2 inch minimum safety gap sealed with a safety flap of approved quality. The door must extend to the bottom step and be fitted with suitable weather strip to keep water from entering the step well. 2. An air -operated entrance door must be provided on all buses equipped with air brakes. This system must have a manually operated override to enable the driver to manually open the door in the event of loss of power. Air -powered entrance doors must operate in accordance with the following table: Ignition Position Switch Door Switch Position Emergency Dump Switch Position Door Position / Status Step Well Light Condition Off Any On Neutral Off Off Any Off Neutral Off On Closed Off Closed/Active Off On Opened Off Oen/Active On On Closed On Neutral Off On Opened On Neutral On III -15 Page 333 of 527 3. When the key switch is in the "off' position, the air door system must not create a battery draw. All air - powered door systems must provide a rebuildable air cylinder and must operate reliably in all weather and temperature conditions. All air -powered door systems must include a method of manually adjusting the opening and closing speed and force of the doors. 4. Hydraulic brake buses must have an electrically controlled entrance door. 5. The service door must have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches. Immediately above the door opening there must be secured to the body panel a high-density foam rubber pad, a minimum of 3 inches in width, or an approved equal safety cushion. 6. Doors must be designed and weather strips mounted so that there is no binding or tendency for stripping to dislodge during door operation. One or two glassed -in openings must be provided in each door half with glass of same grade as specified for side windows and mounted in rubber. The bottom of the lower glass panel must not be more than 30 inches from the ground when the bus is unloaded. The top of the upper glass panel must not be more than 6 inches from the top of the door. SIZES OF BODIES: The height of types C and D bus bodies, from the top of the finished floor to the underside of the ceiling, at the center of the body, must be a minimum of 76 inches. STEP WELL: A step well of at least three steps must be built in the right front assembly, enclosed with doors extending to the bottom step. Each step must be covered with abrasion -resistant "Pebble -Top" elastomer, the base of which must be at least 3/16 inches thick, with an overall thickness of 5/16 inch bonded to a durable polymer base and otherwise constructed to provide substantial support, including the leading horizontal edge, which must be "Pebble -Top" type, and white or a color that contrasts with the step tread by at least 70 percent. The polymer backing must have an integral 90 -degree turn down with a square leading edge for slip resistance. The lower (first) step height must be between 10 and 16 inches above the ground for all types A, C and D buses. Each step must be the full width of the step well at the point where the step is located. Half steps or partial steps are not acceptable. NOTE: Two steps are acceptable on Type A buses. STRUCTURAL DESIGN and TESTING: 1. All types A, C and D bodies must meet the requirements of FMVSS No. 221 and the requirements of the 1�1gtior]a] Sc1]ool I[:.tt:s,1�c�:Dat.cit: �,A�ecxixcatio:s and Procedures,,,,,;Revised 2015 Side Intrusion Test. 2. Each manufacturer of types A, C or D bodies must certify that representative configurations of its buses produced to meet these specifications comply with the testing and requirements of the Colorado Racking Load Test. See Colorado Racking Load Test in Appendix B. 3. Each manufacturer of types A, C or D bodies must certify that representative configurations of its buses produced to meet these specifications comply with the testing and requirements of the Kentucky Pole Test. See Kentucky Pole Test in Appendix C. 4. All bus bodies must be constructed to be in square and level. There must be no more than 1 inch of difference from side to side at the front and rear of the bus body (not counting any chassis lean or twist). All bodies must be mounted such that all designed body contact points are in contact with the chassis frame. All bodies must be centered on the chassis within plus or minus 1/2 inch. SUN SHIELD: A dual sun shield system must be provided, consisting of two independently mounted sun shields. One must be mounted above the windshield and the other above the driver's window. Each visor must have a tinted Plexiglas sun shield, minimum 6 x 24 inches, and have rounded bull -nosed perimeter edges. NOTE: The manufacturer's standard sun visor is acceptable on Type A buses. III -16 Page 334 of 527 VANDAL BOX, SIDE MOUNTED There must be installed on all types C and D buses an equipment compartment on the ceiling above the driver's side window, measuring approximately 1,600 cubic inches. The compartment must have a door with a positive latch and a keyed -alike lock. No safety equipment shall be mounted inside this compartment. WINDOWS: 1. All types A, C and D buses must have tinted glass that provides the maximum tinting allowed by federal and American National Standards Institute (ANSI) standards for the windshield, the driver's side window(s) and the service door glass. Tinted glass in all windows rear of the driver's compartment must have a light transmission of approximately 28 percent. 2. An adjustable split sash window with safety glass must be mounted in the side of the bus body between each framing post. Permanent marks showing the grade of glass must be visible. 3. Movable windows must be controlled by an approved lock having a finger -touch opener, providing for ease of operation and with no sharp projections. Window latches must be replaceable or rebuildable without disassembling the complete window frame or removing the window from the body. In addition, individual window latches or repair parts must be available and part numbers included in the required body parts catalog. Window seals and visors or drip molding must be installed and provide ample protection from leakage. 4. For ventilation, the driver's window must be adjustable and equipped with a positive latch that can be secured from the inside of bus. 5. There must be installed in the rear door two windows, one upper and one lower, installed in a waterproof manner. 6. Rear side windows located at each side of the emergency door must be installed in a waterproof manner. Glass area must be large enough to provide desirable vision to the rear and must be of the same quality and grade as side windows. WINDSHIELD: The front body section in the area of the windshield must provide for corner vision. Glass must be laminated safety polished plate with dark tint at top, installed in a waterproof manner and slanted to reduce glare. Glass must meet current SAE specifications and FMVSS. Light tint may be used in all Type D buses in lieu of dark tint at the top. WINDSHIELD STEPS AND HANDLES: A step and appropriate grab handle must be installed on each front corner of the body to facilitate cleaning the windshield. The handle must be stainless steel, chrome plated or non-ferrous metal, or may be made of non-metallic material of sufficient structural and mounting strength and resistant to weathering and deterioration, and must provide for secure mounting and adequate hand hold. NOTE: Steps and handles are not required on Type A buses under 21,500 GVWR. WINDSHIELD WIPERS AND WASHERS: 1. Electric windshield wipers must be standard on all buses. All wipers by design and installation must provide desirable vision for drivers. Blades and arms must be of sufficient length to clear the windshield glass in the driver's direct view. One switch must control both wipers, and the switch must be located within easy reach from driver's seat, preferably on the turn signal stalk. The system must incorporate a variable delay wipe feature to allow drivers to adjust the speed and frequency of the wipers. The wiper system must be designed to move the blades away from the driver's direct view when in the parked position. 2. Windshield washers must be electrically operated. The washer reservoir must be made of hard plastic or other approved material and have a capacity of at least 1/2 gallon. Flexible plastic bags are not acceptable. NOTE: The manufacturer's standard windshield wipers are acceptable on Type A buses. III -17 Page 335 of 527 SCHOOL BUS BODY EXCEPTIONS TYPE D FRONT ENGINE BODY EXCEPTIONS: 1. The distance between the restraining barrier at the rear of the entrance step well and the engine cover must be a minimum of 13 inches. 2. A step, in lieu of stirrup steps, is permitted in or on the front bumper on both sides. 3. The engine cover must provide an adequate seal to the bus floor area to keep engine fumes from entering the passenger compartment and must be insulated to retard transfer of heat and engine noise. The engine cover must be hinged and equipped with a prop rod or other device so that it can be held securely in the fully open position to allow access to the engine. TYPE D REAR ENGINE BODY EXCEPTIONS: 1. The engine compartment must be constructed to permit servicing of the engine, having one or two doors opening at the rear and louvered, with removable panels on each side of engine compartment. The engine compartment must be sealed at top and front to retard heat transfer and prevent engine fumes from entering the passenger compartment. Provisions must be made for easy removal of the engine through the rear compartment. 2. Mud flaps must be installed at the rear of the dual wheels. 3. A step, in lieu of stirrup steps, is permitted in or on the front bumper on both sides. 4. Type D Rear Engine buses are exempted from the requirement for an additional electrical compartment for air conditioner circuitry, provided the air conditioner control boards are installed in the rear package shelf area in a covered box. 5. There must be an engine access panel underneath the rear seat of all rear engine buses designed to provide access to the engine. III -18 Page 336 of 527 OPTIONAL BODY EQUIPMENT SPECIFICATIONS AUTOMATIC VEHICLE LOCATION AND STUDENT TRACKING SYSTEM: There shall be an approved option for a system that uses the Global Positioning System (GPS) to determine and wirelessly report the location of the bus in approximately real time. The system may also include an additional feature that will identify individual students as they board or disembark from the bus and report the locations and times. AUXILIARY DRIVER FAN: There shall be an approved option for a 6 inch or header -mounted squirrel cage fan to be installed and mounted to the left side of the windshield, when possible, in a location approved by the department. BAGGAGE COMPARTMENTS: There shall be an approved option for baggage compartments on all bodies when available. This body option must include a lock and be keyed alike with any other body option requiring use of a key. BATTERY DISCONNECT SWITCH LABELING: There shall be an approved option for a label to be placed on the exterior of the bus on the cover of the compartment housing the battery disconnect switch. The label background must be white with red one -inch letters with the wording "MAIN BATTERY DISCONNECT." BUS LOCKUP SYSTEM: There shall be an approved option whereby a bus can be locked at the emergency door as well as the entrance door. An ignition interlock is required for the emergency door to prevent starting the bus if the emergency door or rear window (on RE units) is locked. This body option must be keyed alike with any other body option requiring use of a key. CEILING PANELS: There shall be an option for full width perforated interior ceiling panels extending from the rear header panel forward to at least the front of the engine compartment. DRIVER'S SEAT WITH INTEGRATED SEAT BELT: There shall be an approved option for a driver's seat with a seat belt integrated into the seat back, meeting the requirements of DRIVER'S SEAT AND SEAT BELT in this section. EXTERIOR LIGHT MONITOR: A system of monitoring exterior lights on the front and rear of the bus from the driver's seated position is approved as an option. Such systems must include: 1. Student Warning Lamps, both RED and AMBER, front and rear 2. Tail Lamps 3. Backup Lamps 4. Rear Turn Signal Lamps 5. Stop Lamps A system that monitors only electrical circuits and does not indicate whether the bulb is operational is not acceptable. FUEL SUPPLY LOCK: A lock with two keys may be installed in the fuel supply service door of the body skirt. This body option must be keyed alike with any other body option requiring use of a key. III -19 Page 337 of 527 INFANT SEATING: There shall be an approved option for passenger seating designed to safely transport newborns, infants or toddlers, meeting all applicable FMVSS. Such seats may include, C.E. White Child Restraint Seats and other systems as approved by the department. INTERIOR OVERHEAD STORAGE COMPARTMENTS (MFSAB ONLY): There shall be an approved option for interior overhead storage compartments that meet the following criteria: I. Head protection requirements of FMVSS No. 222, School Bus Passenger Seating and Crash Protection, where applicable; 2. Be completely enclosed and equipped with latching door (both door and latch sufficient to withstand a pushing force of 50 pounds applied at the inside center of the door); 3. Have all corners and edges rounded, with a minimum radius of one inch, or be padded equivalent to door header padding; 4. Be attached to the bus sufficiently to withstand a force equal to 20 times the maximum rated capacity of the compartment; and 5. Have no protrusions greater than 1/4 inch. The driver's area forward of the foremost padded barriers will permit the mounting of required safety equipment and vehicle operation equipment. POWDER -COATED WINDOW FRAMES: There shall be an approved option for electrostatically powder -coated black window frames on all types of buses to reduce friction and improve ease of operation of passenger side windows. PUBLIC ADDRESS SYSTEM (P.A.), RADIO: There shall be an approved option for a public address system/AM/FM stereo radio with four speakers inside the bus and one heavy-duty weatherproof P.A. speaker outside the bus. This option must have controls to permit the driver to select inside or outside speakers, mounted in the driver's compartment so that all controls are readily accessible to the driver from the normal seated position. Interior speakers must be flush -mounted. Outside speaker must be mounted under the hood or in another protected location at the front of the bus. An AM/FM stereo radio with four speakers may be offered separately. No internal speakers other than those used for the driver's communication system may be installed within four feet of the back of the driver's seat when the seat is in its rearmost upright position. REAR HEATER: There shall be an approved option for an additional heater mounted to provide heat in the rear of the body. This option must be installed under a passenger seat or must otherwise be protected to eliminate damage to the unit and injury to the students. RED LIGHT ABOVE EMERGENCY DOOR: There shall be an approved option for a small red light to be mounted above the emergency door on the interior of the bus that is activated when the clearance lights are on. THREE-POINT SEAT BELTS AND THREE-POINT SEAT BELT SEATS: There shall be an approved option for three-point seat belts in two and three passenger three-point seat belt seats, as approved by the department. III -20 Page 338 of 527 SECTION IV Iv -1 Page 339 of 527 POWER LIFT EQUIPPED SCHOOL BUS MINIMUM SPECIFICATIONS INTRODUCTION AND GENERAL REQUIREMENTS FOR EXCEPTIONAL CHILD BUSES: Exceptional child bus body structure and equipment must conform to the regular bus body specifications in Section III and must meet the additional requirements of this section. All school buses equipped with wheelchair lifts must meet or exceed the requirements of FMVSS Nos. 4.03 and 4.0 4, the Natiorial School ]Frargs�iortatjori ....................... ....................... .................................................................................................. .................... ............ gad...s . Revised 2015.. and all requirements listed herein, which prevail in the event of a conflict. ....... ........................................................................................................... DEFINITION: An exceptional child bus is any school bus that is designed, equipped and/or modified to accommodate students with special transportation needs requiring a power lift. GENERAL REQUIREMENTS: Exceptional Child specially equipped school buses shall comply with the N a.1.j o rl a.] ............. S c 1.1. o..o I ............ .... ['I-qrisliortatiori ....... .... ... . ..... ..... ... .. ..... ..... . Spe,cificatioris and Procejgre.s Revjse,(j 2015 and with the FMVSS applicable to their GVWR category. ...................................................................................................................................................................... ...... Any school bus to be used for the transportation of children who use a wheelchair or other mobile positioning device, or who require life-support equipment that prohibits use of the regular service entrance, shall be equipped with a power lift. AISLES: All school buses equipped with a power lift shall provide a minimum 30 -inch pathway leading from any wheelchair position to at least one 30 -inch wide emergency exit door. A wheelchair securement position shall never be located directly in front of (blocking) a power lift door location. GLAZING: Tinted glazing may be installed in all doors, windows and windshields consistent with federal, state and local regulations. IDENTIFICATION: Exceptional child specially equipped school buses shall display the International Symbol of Accessibility below the window line pursuant to appendix A-1 and A-2. Such emblems shall be white on blue background, shall not exceed 12 inches square in size and shall be of a high-intensity retroreflective material. PASSENGER CAPACITY RATING: In determining the capacity of a school bus for purposes other than actual passenger load (e.g., vehicle classification or various billing/reimbursement models), any location in a school bus intended for securement of a wheelchair during vehicle operation shall be regarded as four designated seating positions, and each lift area shall count as four designated seating positions. POWER LIFTS: 1. The power lift shall be located on the right side of the bus body only. 2. Vehicle lifts and installations shall comply with the requirements set forth in: a. 1[°.'..M 5 5 No. 4....0 3.., Platform Lift Systems for Motor Vehicles; and b. !.�.'..M 5 5 N o J....O.J., Platform Lift Installations in Motor Vehicles. 3. Design loads: The design load of the lift shall be at least 800 pounds. Working parts, such as cables, pulleys and shafts, which can be expected to wear, and upon which the lift depends for support of the load, shall have a safety factor of at least six, based on the ultimate strength of the material. Non -working parts, such as IV -2 Page 340 of 527 platform, frame and attachment hardware that would not be expected to wear, shall have a safety factor of at least three, based on the ultimate strength of the material. 4. Lift capacity: The lifting mechanism and platform shall be capable of operating effectively with a wheelchair and occupant mass of at least 800 pounds. 5. Documentation: The following information shall be provided with each vehicle equipped with a lift: 6. A phone number where information can be obtained about installation, repair and parts. (Detailed written instructions and a parts list shall be available upon request.) 7. Detailed instructions regarding use of the lift shall be readily visible when the lift door is open, including a diagram showing the proper placement and positioning of wheelchair/mobility aids on the lift. 8. Training materials: The lift manufacturer shall make training materials available to ensure the proper use and maintenance of the lift. These may include instructional videos, classroom curriculum, system test results or other related materials. 9. Identification and certification: Each lift shall be permanently and legibly marked or shall incorporate a non - removable label or tag that states it conforms to all applicable requirements of the current National School Transportation Specifications and Procedures. In addition, and upon request of the original titled purchaser, the lift manufacturer or an authorized representative shall provide a notarized Certificate of Conformance, either original or photocopied, which states that the lift system meets all the applicable requirements of the current National School Transportation Specifications and Procedures. REGULAR SERVICE ENTRANCE: I . On power lift -equipped vehicles, steps shall be the full width of the step well, excluding the thickness of the doors in the open position. 2. In addition to the handrail required in section III, an additional handrail is required on all specially equipped school buses. This handrail shall be located on the opposite side of the entrance door from the handrail required in section III and shall meet the same requirements for handrails. RESTRAINING DEVICES: I. On power lift -equipped school buses with a GVWR of 10,000 pounds or more, seat frames may be equipped with attachment points to which belt assemblies can be attached for use with child safety restraint systems (CSRSs) that comply with 11""MVSS No. 213 Child Restraint Systems. 2. Any belt assembly anchorage shall comply with [';I`✓ \..SS1'v1o,.2 i Q Seat Belt Assembly Anchorages. 3. Alternatively, a child restraint anchorage system that complies with][;';I`✓ SS..........No.........., 222 ., Child Restraint Anchorage Systems, may be installed. 4. Seat belt assemblies shall conform to ;II, MS,S;1' 0.,.209 Seat Belt Assemblies. 5. Child safety restraint systems, which are used to facilitate the transportation of children who in other modes of transportation would be required to use a child, infant or booster seat, shall conform to;II`..'..M\..SS;1' o 2 3. SEATING ARRANGEMENTS: 1. Flexibility in seat spacing to accommodate special devices shall be permitted to meet passenger requirements. 2. All seating shall meet the requirements of l['..M S,S......1Vc . 222 School Bus Passenger Seating and Crash Protection. SECUREMENT AND RESTRAINT SYSTEM FOR WHEELCHAIRS AND WHEELCHAIR -SEATED OCCUPANTS: 1. For purposes of understanding the various aspects and components of this section, the terms securement, tie down, securement system, and tie down system are used exclusively in reference to the devices that anchor the wheelchair to the vehicle. 2. The terms restraint and restraint system are used exclusively in reference to the equipment that is intended to limit the movement of the wheelchair occupant in a crash or sudden maneuver. 3. The term wheelchair tie down and occupant restraint system (WTORS) is used to refer to the total system that secures the wheelchair and restrains the wheelchair occupant. IV -3 Page 341 of 527 WHEELCHAIR TIE DOWNS OCCUPANT RESTRAINT SYSTEMS (WTORS) GENERAL REQUIREMENTS: 1. A WTORS installed in specially equipped school buses shall be designed, installed and operated for use with forward -facing wheelchair -seated passengers and shall comply with all applicable requirements of 11""M\1S .No... 222., School Bus Passenger Seating and Crash Protection, and S A ]F;i;224....9, WTORS for Use in Motor Vehicles. 2. The WTORS, including the anchorage track, floor plates, pockets or other anchorages, shall be provided by the same manufacturer or shall be certified to be compatible by manufacturers of all equipment/systems used. 3. Wheelchair securement positions shall be located such that wheelchairs and their occupants do not block access to the lift door. 4. A device for storage of the WTORS shall be provided. When the system is not in use, the storage device shall allow for clean storage of the system, shall keep the system securely contained within the passenger compartment, shall provide reasonable protection from vandalism and shall enable the system to be readily accessed for use. 5. The WTORS, including the storage device, shall meet the flammability standards established in ]['1M51S,S;1'v1;o,,., 3, Flammability of Interior Materials. 6. The following information shall be provided with each vehicle equipped with a securement and restraint system: a. A phone number where information can be obtained about installation, repair and parts. (Detailed written instructions and a parts list shall be available upon request.) b. Detailed instructions regarding use, including a diagram showing the proper placement of the wheelchair/mobility aids and positioning of securement devices and occupant restraints, including correct belt angles. 7. The WTORS manufacturer shall make training materials available to ensure the proper use and maintenance of the WTORS. These may include instructional videos, classroom curriculum, system test results or other related materials. WHEELCHAIR SECUREMENT/TIE DOWN: 1. Each wheelchair position in an exceptional child bus shall have a minimum clear floor area of 30 inches laterally by 48 inches longitudinally pursuant to 11""M\1SS No. 222 S5.4.1 and S5.4.2. 2. Additional floor area may be required for some wheelchairs. Consultation between the user and the manufacturer is recommended to ensure that adequate area is provided. OCCUPANT RESTRAINT SYSTEM: If the upper torso belt anchorage is higher than 44 inches measured from the vehicle floor, an adjustment device, as part of the occupant restraint system, shall be supplied (See 11""M\1SS No. 222 S5.4.3 and S5.4.4.). SPECIAL LIGHT: Doorways in which lifts are installed shall be equipped with an LED light that provides a minimum of 20 lumens of illumination on the floor of the bus immediately adjacent to the lift during lift operation. SPECIAL SERVICE ENTRANCE: 1. Power lift -equipped bodies shall have a special service entrance to accommodate the power lift. 2. The special service entrance and door shall be located on the right side of the bus and shall be designed so as not to obstruct the regular service entrance. 3. The opening may extend below the floor through the bottom of the body skirt. 4. If such an opening is used, reinforcements shall be installed at the front and rear of the floor opening to support the floor and give the same strength as other floor openings. A drip molding shall be installed above the special service entrance to effectively divert water from the entrance. 5. Door posts and headers at the special service entrance shall be reinforced sufficiently to provide support and strength equivalent to the areas of the side of the bus not used for the special service entrance. IV -4 Page 342 of 527 SPECIAL SERVICE ENTRANCE DOORS: 1. A single door or double doors may be used for the special service entrance. 2. A single door shall be hinged to the forward side of the entrance unless this would obstruct the regular service entrance. If the door is hinged to the rearward side of the doorway, the door shall use a safety mechanism that will prevent it from swinging open should the primary door latch fail. If double doors are used, the system shall be designed to prevent the door(s) from being blown open by the aerodynamic forces created by the forward motion of the bus, and/or shall incorporate a safety mechanism to provide secondary protection should the primary latching mechanism(s) fail. 3. All doors shall have positive fastening devices to hold them in the "open" position when the special service entrance is in use. 4. All doors shall be weather -sealed. 5. When manually operated dual doors are provided, the rear door shall have at least a one -point fastening device to the header. The forward -mounted door shall have at least three one -point fastening devices. One shall be to the header, one to the floor line of the body, and the other shall be into the rear door. The door and hinge mechanism shall have strength that is greater than, or equivalent to, the strength of the emergency exit door. 6. Door materials, panels and structural components shall have strength equivalent to the conventional service and emergency doors. Color, rub rail extensions, lettering and other exterior features shall match adjacent sections of the body. 7. Each door shall have windows set in a waterproof manner that are visually similar in size and location to adjacent non -door windows. Glazing shall be of the same type and tinting (if applicable) as standard fixed glass in other body locations. 8. Door(s) shall be equipped with a device that will actuate an audible or visible signal located in the driver's compartment when the door(s) is not securely closed and the ignition is in the "on" position. 9. A switch shall be installed so that the lift mechanism will not operate when the lift platform door(s) is closed. 10. Special service entrance doors shall be equipped with padding at the top edge of the door opening. The padding shall be at least three inches wide and one inch thick and shall extend the full width of the door opening. 11. Power lift LED landing light is required on the exterior of the bus to provide illumination for lift operation. SUPPORT EQUIPMENT AND ACCESSORIES: 1. In addition to the webbing cutter required in section III, each power lift equipped bus that is set up to accommodate wheelchairs with webbing attached shall contain an additional webbing cutter properly secured in a location to be determined by the purchaser. The webbing cutter shall meet the requirements listed in section III. 2. Special equipment or supplies that are used in the bus for mobility assistance, health support or safety shall meet local, federal and engineering standards that may apply, including requirements for proper identification. Equipment that may be used for these purposes includes, but is not limited to: a. Wheelchairs and other mobile seating devices. (See subsection on Securement and Restraint System for Wheelchairs and Wheelchair -seated Occupants.) b. Crutches, walkers, canes and other ambulating devices to assist ambulation. c. Medical support equipment. This may include respiratory devices, such as oxygen bottles (which should be no larger than 38 cubic feet for compressed gas) or ventilators. Tanks and valves should be located and positioned to protect them from direct sunlight, bus heater vents or other heat sources. Other equipment may include intravenous and fluid drainage apparatus. 3. Each exceptional child bus that is set up to accommodate wheelchairs or other assistive restraint devices should be equipped with an emergency evacuation device that is certified and tested to withstand at least a 300 -pound load when used as an emergency stretcher or drag. This evacuation device shall be properly secured to the bus in a location to be determined by the purchaser. 4. If transporting oxygen, refer to AMD Standard 003 available online at 1:�� �://v rww.i�xrYlulr:ce r/ c,orit t:p/ u, l�r�tds/20i ,/04/2014 ...AM 1) Star:;��ards 00i ADL „1�..jf for oxygen tank retention requirements. IV -5 Page 343 of 527 RESTRAINING BARRIERS WITH MODESTY PANELS: I . There must be a padded restraining barrier with a modesty panel located immediately rearward of the lift if there are wheelchair spaces or regular seating located rearward of the lift and on the same side of the bus. 2. There must be a padded restraining barrier with a modesty panel meeting FMVSS spacing requirements located forward of all passenger seats that do not have another seat properly spaced in front of them. 3. There must be a padded restraining barrier or seat in front of any wheelchair position unless it is contiguous with and behind another wheelchair position. 4. The forwardmost restraining barrier on both sides of the bus must have a full width aluminized modesty panel extending to the floor. If the right front of the passenger area immediately behind the stepwell is not equipped with a restraining barrier due to placement of the wheelchair lift in that location, it must be equipped with a padded stanchion from floor to ceiling with an aluminized modesty panel. IV -6 Page 344 of 527 POWER LIFT EQUIPPED SCHOOL BUS OPTIONAL EQUIPMENT SPECIFICATIONS STRAIGHT FLOOR / FLAT FLOOR: 1. There shall be an approved option on any size bus, when available, for an unobstructed straight floor design (i.e., no wheel wells and no step-up at the rear of the driver's compartment). Minimum headroom of types C and D buses equipped with this option must remain 76 inches as per standard body specifications. 2. There shall be an approved option on any size bus, when available, for an unobstructed flat floor design in the passenger compartment. If this option uses a raised floor that is stepped up behind the driver's area, the forward edge of the aisle must have a white stripe and be labeled "Step Up" as viewed upon entering the aisle, and a "Step Down" label must be visible upon exiting the aisle. 3. Minimum headroom of types C and D buses equipped with this option must remain 76 inches as per standard body specifications. 4. The bus must be equipped with 39 -inch seats except for locations where lift bus specifications require a 30 - inch aisle. TRACK SEATING: 1. There shall be an approved option for a track -mounted seating system using button track (L track) and a wheelchair securement system meeting Florida Specifications that mounts into the track -seating track. 2. The overhead track for the shoulder harness attachment must be present at every possible wheelchair position. 3. The bus must be equipped with 39 -inch seats, except when lift bus specifications require a 30 -inch aisle. 4. All floor tracking must be anodized aluminum or other material of equal strength that will resist corrosion in Florida's environment. 5. This option must include additional options, as follows: a. Purchase of individual track seating seats; b. Delete a seat, add a wheelchair position with wheelchair tie -downs; and c. Delete a wheelchair position (tie -downs), and add a standard seat. IV -7 Page 345 of 527 [Page Intentionally Blank] Page 346 of 527 SECTION V V-1 Page 347 of 527 AIR CONDITIONER SPECIFICATIONS PERFORMANCE SPECIFICATIONS: The installed air conditioner system must meet the high performance standards as described in Natior al. _;,c„1]oo.j. J[' ; r:s1 € .A.g.t�o.r: Sli cifi,c;at or..is_and Prod & Vis, Revise,( 2015. Performance test reports shall be made available upon request by the purchasing district or the department. SYSTEM REQUIREMENTS FOR ALL BUSES: Evaporators and Ductine: 1. Air intake for any evaporator assembly (les), except for the front evaporator of Type A buses, must be equipped with replaceable air filter(s) accessible without disassembly of evaporator case. 2. No portion of the air conditioner system may block the driver's view through any window except that vertical covering in the rear corners of the bus interior for hoses and/or wiring may intrude on the rear quarter window by no more than two inches. Controls, Wirine, Hoses, and Miscellaneous Hardware: All system operating controls, including on-off switches, blower switches and thermostat controls must be accessible to the driver in a seated position. Body: 1. All Type C and Type D front -engine buses equipped with air conditioners must also be equipped with a compartment mounted next to the battery box with external access for mounting circuit breakers and control circuitry for the air conditioner. 2. Type D rear -engine buses are exempted from the requirement for an additional electrical compartment for air conditioner circuitry provided the air conditioner control boards are installed in the rear package shelf area in a covered box. NOTE: Control boards may optionally be mounted inside the bus within the evaporator case or behind the dash on all Type C and Type D buses. Any control boards mounted inside the bus must be easily accessible. Warranty and Serviceability: Warranty - Air conditioner compressor applications must be approved in writing by the chassis engine manufacturer, stating that the installation will not void or reduce the engine manufacturer's warranty or extended service coverage liabilities in any way. Also see GENERAL INFORMATION AND WARRANTY PROVISIONS. Serviceability: All components requiring periodic servicing must be readily accessible for servicing including, but not limited to, the following: 1. Refrigerant service ports; 2. Sight glasses, which must be directly visible; 3. Any manually resettable circuit breakers; 4. Evaporator air filters — removable and serviceable; and 5. All major component serial numbers must be readily visible. V-2 Page 348 of 527 Parts and Service Manuals: A comprehensive operator's, maintenance and parts manual(s) must be provided for the entire system, or available via Internet access from the manufacturer's website for each A/C system purchased. Parts manuals must be designed so that all replaceable parts are illustrated by line drawings and such parts are numbered on the illustration, with a part description on a separate list under the corresponding part number. Part descriptions should be annotated appropriately with the part number, a proper description (part name) and the quantity required for the application listed in the drawings. The service manual or manufacturer's website must also include an overall A/C system diagram with component plumbing, locations and identities indicated for diagnostic purposes. Parts and Tools Availability: 1. All system parts and required special service tools must be readily available, and a list of suppliers must be provided to each school district shop purchasing that brand of air conditioner. 2. Suspension Capacity and Ground Clearance - Ground clearance at the lowest point of the air-conditioning system must be no less than the ground clearance of the bus at the step well. Air conditioner system manufacturer must provide information and data, as needed, to assist in establishing chassis engine performance requirements and in determining chassis electrical components or specifications that may be needed to accommodate the additional electrical demands imposed by the air-conditioning system. V-3 Page 349 of 527 [Page Intentionally Blank] V-4 Page 350 of 527 APPENDIX A MINIMUM LETTERING AND LIGHTING REQUIREMENTS FEW Page 351 of 527 rl- N LO 0 N LO q ¢ 2 n � Q .- ? 3 � � o§ � ° = u o @ u \ U � � � � 7 « o t .//\ƒ 2 G = rl- N LO 0 N LO q ¢ 2 n � as P.► ti N LO 4- 0 LO (6 W •� v .,� � o � s� W o � •� U n U fl O > Q � to i -a cn bA U U CG to N cr UD 'u � U U N U O S F U U S.7 O try O cr ti N LO 4- 0 LO (6 [Page Intentionally Blank] Page 354 of 527 APPENDIX B COLORADO RACKING LOAD TEST A-5 Page 355 of 527 COLORADO RACKING LOAD TEST The Colorado Racking Test shall be required on or before the acceptance date of the first bus of the respective configuration. TEST PROCEDURE: In addition to complying with the test procedures described in FMVSS No. 220, the body manufacturers shall record and report the downward vertical movement of the force at 0, 25, 50, 75 and 100 percent of the maximum force (both loading and unloading). The expected force deflection curve is illustrated schematically in Figure 1 a. Low load nonlinearities may indicate j oint deformation; high load nonlinearities may indicate yielding in structural members. A second load cycle shall be performed following the procedure given in the first paragraph. The expected force -deflection curve is illustrated schematically in Figure lb. Any hysteresis following the initial shakedown will be revealed by this second cycle. P Toax 1.00 . 0. 0.00 . First ' : l Figure 1. Static Load Test Load -Deflection Curves P 1 * CSV 0,75 0 0.25 0.00 1.0 A diagonal (racking) load test must be performed on types A, B, C and D school buses to assure adequate shear stiffness and strength of the bus body. Details of the test are provided below: A two-cycle loading sequence shall be conducted following the described procedure. (a) Requirements: When a force equal to 1 1/2 times the gross vehicle weight (GVW) is applied to the edge of the roof of the vehicle's body structure through a force application plate, as specified in Test Procedures (b): 1. The diagonal movement of the force at any point on the application plate shall not exceed 5 1/8 inches; and A-6 Page 356 of 527 2. Each emergency exit of the vehicle provided in accordance with FMVSS No. 217 shall be capable of operation as specified in that standard during the full application of the force and after release of the force. (b) Test Procedures: Each vehicle shall be capable of meeting the requirements of (1) and (2) when tested in accordance with the procedures set forth below. 1. The vehicle shall be supported on a rigid surface along the lower edge of the frame or along the body sills in the absence of a frame. 2. The load shall be applied through a force application plate that is flat and rigid. The dimensions of the plate shall be chosen to assure that the plate edges never make contact with the vehicle skin during testing. A typical width is 18 inches, and a typical length is 20 inches less that the length of the vehicle's roof measured along its longitudinal centerline. 3. Place the force application plate in contact with the edge of the vehicle roof. Orient the plate so that its flat, rigid surface is perpendicular to a diagonal line connecting the most distant points on an interior cross-section of the vehicle. The rear edge of the plate shall be positioned approximately 20 inches from the rear edge of the vehicle roof. A temporary stand may be used to support the plate until a force is applied. 4. Apply an evenly distributed force in a diagonally downward direction through the force application plate at any rate not more than 0.5 inch per second, until a force of 500 pounds has been applied. 5. Apply additional force in a diagonally downward direction through the force application plate at a rate of not more than 0.5 inch per second until the force specified in (a) has been applied, and maintain this application of force. 6. Measure the diagonal movement of any point on the force application plate that occurred during the application of force in accordance with (b)(5), and open the emergency exits as specified in (a)(2). 7. Release all diagonal force applied through the force application plate, and operate the emergency exits as specified in (a)(2). (c) Test Conditions: The following conditions apply to the requirements specified in (3). 1. Temperature: The ambient temperature is between 32 degrees F and 90 degrees F. 2. Windows and Doors: Vehicle windows, doors, and emergency exits are in the fully -closed position, and latched but not locked. (d) An alternative method of testing for the racking load test shall be as follows: The racking load shall be applied along a line connecting the most distant points on a transverse cross- section of the bus interior. It produces a shear distortion of the cross-section, as shown in figure 2. A representative method of loading that employs a hydraulic jack to load a two -frame test assembly is illustrated in figure 2. Page 357 of 527 The maximum.] ack load for the two -frame assembly is determined by the following formula: J = 2P J - maximum jack load for two -frame test assembly P = load/frame where P = Dynamic Vehicle Weight (DVW) divided by N DVW - dynamic vehicle weight N - total number of bus body frames and DVW = DF x GVW DF - dynamic factor, not less than 1.5 GVW - gross vehicle weight Thus, for a DF = 1.5, a GVW = 22,000 pounds -force (lbf) and N= 11, the dynamic vehicle weight is DVW = 33,000 lbf, the load/frame is P = 3000 lbf and the maximum j ack load is J = 6000 lbf. When a complete bus body is rack -loaded, the total load DVW must be distributed uniformly along the bus body. This may be accomplished by mounting a series of hydraulic j acks along the length of the bus interior. Seats may be removed to facilitate jack mounting. The rack load will be considered to be uniformly distributed when the variation in the hydraulic jack readings is less than 10 percent. A maximum load is the sum of all jack readings and shall equal DVW. Transverse Cross Section Side View Figure 2. Arrangement of Hydraulic Jack for Rack -Loading of Two -Frame Assembly The test may be performed on a complete bus body or on a representative section composed of at least two complete frames (body posts plus roof bows) and floor. Standard seats may be installed in the test section in a manner identical to that of the full bus body. Fabrication procedures for the test assembly shall be identical to those used in normal bus body production. A two-cycle loading sequence shall be conducted, with intermediate and final load and deflection readings recorded, according to the procedure described. The maximum deflection in line with the jack (A, maximum) shall not exceed 4 inches. Manufacturer shall specify which testing method was used and submit appropriate certification information. Page 358 of 527 APPENDIX C KENTUCKY POLE TEST PROCEDURES C-1 Page 359 of 527 KENTUCKY POLE TEST The Kentucky Pole Test shall be required on or before the acceptance date of the first bus of the respective configuration. TEST PROCEDURE: The body shall be impacted at any point along the roof line on the outside surface, using an 8 inch diameter cylinder, 48 inches long, at a 30 to 45 degree angle, 1 to 3 inches above the top window line. The cylinder shall impact the roofline with the 48 inches dimension in a vertical plane with a force not to exceed 10 inches maximum to 8 inches minimum penetration of the body panels into the passenger compartment after impact. The manufacturer shall submit appropriate certification information. C-2 Page 360 of 527 [Page Intentionally Blank] Page 361 of 527 FLORIDA DEPARTMENT OF EDUCATION RICHARD CORCORAN, COMMISSIONER ............ ............ ............ . . .. .... ....... . ........ ...... ................... Page 362 of 527 State Board of Education Andy Tuck, Chair Marva Johnson, Vice Chair Members Ben Gibson Tom Grady Michael Olenick Joe York December 10, 2019 Mr. Mike McCullough Executive Operations Manager Sun State International 6020 Adamo Drive Tampa, Florida 33619 Dear Mr. McCullough: Richard Corcoran Commissioner of Education Based on your October 23, 2019, response to Invitation to Bid (ITB) No. 2020-16, the Florida Department of Education (FDOE) would like to offer your company a contract to fiarnish Types C and D complete school buses, Multi -function School Activity Buses and optional equipment. Attached is a list of the units and prices for each awarded bus configuration. Please send a performance bond or cashier's check in the amount of $750,000, made out to "Florida Department of Education and Purchasing School Districts," guaranteeing performance for units of all types manufactured under this contract to: Office of the Comptroller, Matt Kirkland, 325 West Gaines Street, Suite 914, Tallahassee, Florida 32399-0400. In addition, please respond in writing accepting this bid and sign and return the original contract form included in the ITB. Assuming receipt of your performance bond and acceptance of this contract, FDOE will process purchase orders received from eligible users of the contract from January 1, 2020, through December 31, 2021. Should you have any questions, please contact Director of School Transportation, Robert Manspeaker at l �b. �g L M,M! a s! i � m w;..or 850-245-9795. Si, cerely, Su.a : Pridgeon Attach .. ent cc: Maid: Eggers, Assistant Deputy Commissioner,17inance and Operations Matt Kirkland, Chief Comptroller. Robert Manspeaker, Director, School. Transportation Management Janice Brown, Director, Contracts, Grants and.11rocurement Suzanne Pdd eon (Deputy Commissioner, Finance and Operations w.fidoe.or 325 W. Gakine.s Stireet I Su'kte :1.214 1I "p'akkahassee„ FL 32399 0400 � 850-246-0406 Page 363 of 527 o� O I� Ol d' OoI� O L .-� O M N M l L <Y O LD LD M m O M t I M n .-IM N N M GY O I� Il LD ltl n O ,T lD N lD O M L lD . <Y . ll M GY N Ol m M I Il L c -I N LD M LD O cl I� O LD LIl e-1 N n cl t LD zt LD m d' m d' w cl O d' n N O� O .-� GY N O Q N I� GF m n N w m Ol <Y m L .-1 l O GY .-� O L m .-1 m zt O Lfl lD lD lD lD lD M w w w w w m w m m m w m w m OLn m m m m O O O .-1 e-1 Ln e-1 e-1 e-1 e-1 N .-1 N co co W W U • 72 72 72 72 72 7 m m m m m m CO m m m m m m m m CO CO CO CO 6 CO m 00 6 0 0 0 0 o jj— 0 0 0 0 0 0 0 0v�v�v�v�v�v� o o o o o 0 z z z z z — Z Z — — V} V} — V} z z z z z z z z Z Z Z Z V} V} v� z o� O I� Ol d' ul LD Ol LD Ol Ol O LD N Ol c -I O LD LD M m O M L L o� N Lfl M GY O I� Il LD ltl n O Ol Il O N N n O M .-� N Ol c -I n LD M O n n d' c -I ul N LD M LD O cl I� O LD LIl e-1 N n cl t cl w O d' LIl m O N LD Ol t lD n N O� O .-� GY N V Q N I� GF Ol I� N Ol N O Lfl m L .-1 l O GY .-� O L m .-1 O M I Lfl lD lD lD lD lD M w w w w w m w m m m w m w m OLn m m m m O O O .-1 e-1 Q e-1 e-1 e-1 e-1 N .-1 N co O W i • 72 72 72 72 72 7 CO CO CO CO CO CO CO CO CO CO CO CO CO 6 CO CO 6 o o jj— o o o o o o o o o o o o o — — — — — — Z Z — — V} V} — V} V} Z Z Z Z Z Z — Z Z Z Z Z V} V} Z Z rl- N LO O m a) LL N Lfl M I O m n. N m O LD LD M m L M L L .-I w Lfl M O Ol M t m w N .-1 Lfl O Il w LD N LD M LD O cl I� O LD LIl .-� lD n cl t cl w O d' LIl m O t lD n N M I� N cl N M ul c -I Q M I� LD t m L .-1 l O l .-� O L m .-1 l N I d' LD w N m M lD lD w m w m m m m m m O O O .-1 e-1 e-1 e-1 e-1 e-1 e-1 N .-1 N co W _! 6 6 6 6 M 3 3 3 3 -o -o IJJ m m m m m m 0 0 0 0 o o 0 0 0 0 yr Z Z Z yr Z z z yr yr yr yr yr yr yr yr yr yr yr yr yr yr yr yr z z yr yr yr yr yr yr z z rl- N LO O m a) LL rl- N LO 4-- 0 LO (D co a) 0) m 0- oo rn 7 rn NIn P2 00 h 01 h 01 00 r, 0)G rn r, oo oo oo oo Ln I N Gi oo g g g rg rq g o6 g g g g o6 lx o6 Ln Ln 01 01 01 01 0 Or. co LU 0 D co vvvvvv -K3. -K3. -K3. -K3. -K3. -K3. -K3. -K3. -KR -K3. -K3. -K3. -K3. -K3. -�3. M M :K3. cn cn zi rl- N LO 4-- 0 LO (D co a) 0) m 0- oo rn 7 rn NIn P2 0)G O oo oo I N o6 lx 0 Or. co LU D co vvvvvv rl- N LO 4-- 0 LO (D co a) 0) m 0- December 10, 2019 Robert Manspeaker Director, School Transportation Management Section 3Z5West Gaines Street, Suite 834 Ta||ahassee,FL3Z399 Dear Mr. Manspeaker: This is to confirm Sun State International has received and accepts the Florida Department of Educations award of ITB 2020-16 Type A, Type C, and Type D School Buses and Optional Equipment. Should you have any questions or require further information please contact me at 813-226-7330 or email: Mike.Mccullough@sunstateintl.com. Mike McCullough Executive Operations Manager, Bus Sun State International GO2OAdarnmDrive B247l5thSt�ree1East 4A6DQHighway 27 7lD5East 6th AvenL Tanopa, FL 33619 Sarasota, FL 34243 Davenport, FL 33837 Tampa, FL 33619 813-621-1331 041'355-7681 863-424-2411 Page �f�� 1 �uuuuuu SWU October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Transmittal Letter, ITB 2020-16 This is to certify that Mike McCullough, Executive Operations Manager for Sun State International (Federal Tax id# 59-3750718, DUNS It 07-173-0477 ), has the authority to represent Sun State International Trucks, LLC and in all matters related to the enclosed proposal. Sun State International Trucks, LLC designates the following person to be contract manager for this proposal. Contact information is as noted below: Mike McCullough Executive Operations Manager Sun State International 6020 Adamo Drive Tampa, FL 33619 Ph (800) 741-7566 E-mail: Mike.Mccullough@sunstateintl.com I have read, understand and agree to the provisions of ITB 2020-16 and certify that equipment to be provided via this proposal meets the requirements of the ITB. I certify that Sun State International is licensed and registered to do business in Florida and is registered on the MyFloridaMarketPlace website and a current W-9 is registered with the Department of Financial Services. Also included is Sun State International's Minority Business Enterprise certificate with Attachment 4. Respectfully, Mike McCullough Executive Operations Manager Sun State International Trucks 6020 Adamo Drive 824715th Street East 41609 Highway 27 7105 East 6th Avenue Tampa, EL 33619 Sarasota, FL 34243 Davenport, FL 33837 TampzPlRg% of 527 813-621-1331 941-355-7681 63-424-2411 63-424-2411 (Rev. ono, DISCLOSURE T I hereby certify that 1, if an ind' idua, or each of us, if a PaftnershiP, doing business (Name of Individual or Partnership) (am)(is) not now involved in, nor have I ever engaged in, any private business venture or enterprise, directly or indirectly, with the Commissioner of Educations the Deputy Commissioner of Education, any Associate Commissioner of Education, Division Director or Bureau Chief in the Florida Education. I further certify that neither I, nor any partner, if a partnership, nor anyone acting in my or our behalf has requested that any of the above -designated persons, or any other employee of the Florida Department of Education, exert any influence to secure the appointment of (Name of Individual or P under this proposed agreement. Partnership) () Signature Signature COMPANY OR CORPORATION I hereby certify that neither l nor any, o c,l f In ti Florida (Name of Corporation (Company)) (Name of State of Inc.) _(2) corporation, licensed to do business in Florida, is presently involved in or has engaged in any private business venture or enterprise, directly or indirectly, with the Commissioner of Education, the Deputy Commissioner of Education, any Associate Commissioner of Education, Division Director or Bureau Chief within the Florida Department of Education, I further certify that neither I nor any owner, officer, director or shareholder of this corporation, nor anyone acting on behalf of this corporation or any of its owners, officers, directors or shareholders, has requested that any of the above -designated persons, or any employee of the Florida Department of Education, exert any influence to secure the appointment of Sun State..,_...Inte ati® l Trucks, LLC (C pany (C on) under this proposed agreement (fit Executive OPerations Manager Signature Title (1) If partnership, each partner must sign and execute. (2) If company is not incorporated, insert "not incorporated" in this space. (3) If incorporated, this statement is to be executed by same person who will execute contract if awarded. Page 368 of 527 ATTACHMENT 3 DRUG-FREE WORKPLACE PROGRAM (will be considered in case of identical tie bids) Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids that are equal with respect to price, quality and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing be bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace; the business's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation and employee assistance programs; and the penalties that may be imposed upon employees ford rug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893, F.S., or of any controlled substance law of the United States or any state for a violation occurring in the workplace no later than five days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is convicted of a violation of chapter 893, F.S., or of any controlled substance law of the United States or any state. ) 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 business complies fully with the above -stated requirements. Vendor's Signature Page 369 of 527 ATTACHMENT STATE OF FLORIDA DEPARTMENT OF EDUCATION MINORITY SUBCONTRACTORS UTILIZATION SUMMARY The Department's Supplier Diversity Initiative strives to ensure the promise of Florida's future is shared by all of its residents, regardless of race, ethnicity, disability, neighborhood or background. To that end, the Department is dedicated to support, track and increase its small, minority, women and service -disabled veteran business enterprise spending with prime contractors and subcontractors. This form was developed to assist in these efforts. The prime contractor shall report all small, minority, women and service -disabled veteran business enterprise subcontractors, identifying the name, address, type of certification and dollar amount of the subcontracts on the form below. The prime contractor shall submit this form with each invoice submitted for payment, whether or not funds have been spent with a small, minority, women or service -disabled veteran business enterprise subcontractor for the period covered by the invoice. The Office of Supplier Diversity, Florida Department of Management Services will assist in furnishing names of qualified minorities. The Office of Supplier Diversity can be reached at 850-487-0915 or go to htt ://dms.Moorida.coM/other oroa�tice of su oluer diversity osd. PRIME CONTRACTOR: sun state Internatioanl Trucks, LLc CONTRACT NO.: ITB 2020-16 CON'T'RACT TITLE:, Type A, Type C, and Type D School Buses and Optional Equipment Certified True and Correct by: Prime Contractor Executive operations Manager Title Date Ms. ReGina Register Bureau of Contracts, Grants & Procurement Management Services 325 West Gaines Street, Room 344 f allahassee, Florida 32399-0400 For additional information, you may contact Ms. Register at 850-245-9173 or Rgggg Re ester fld0e.or Page 370 of 527 I I V I. F CD as A? CIS a) cn m z -2 cc >1 E 00 cta .N 0 cc to CD :E z -2a 0 CL CD C3 2 I CL 9X = = u C-) Lv OEC Ln !� 10 CL Co 40)g z 0 IN w 2 a. 0 -i LU > w m ui ix LM CL F- cn F- cc ) Ly !L .0 IE F- ir 4-9 ctl 0 LLJ z U) F- w F- cts U) 4.4 U) cn 0 mi LL tld 2� 0 z I I V I. F CD as A? CIS a) cn m z -2 cc >1 E 00 cta .N 0 cc to CD :E z -2a 0 CL CD C3 2 I ATTACHMENT 5 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: sun state Znternatioanl Trucks, LLC Vendor's Federal Employer Identification Number (FEIN): 59-3750718 Vendor's Authorized Representative Name and Title: Mike McCullough, Executive Operations Manager Address: 6020 Adamo Dr City: Tia State: rL Zip: 33619 Phone Number: (813) 226-7330 Email Address: mike.mccullough@sunstateintl.com Section 287.135, F.S., prohibits agencies from contracting with companies, for goods or services over $1,000,000, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S, As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. I understand that, pursuant to section 287.135, F.S., the submission of a false certification may subject this company to civil penalties, attorney's fees and/or costs. CERTIFIED a Authorized Signature (Print Name and Title): Mike McCullough, Executive Operations Manager Page 372 of 527 �1 0 ATTACHMENT 7 TO: Commissioner Richard Corcoran Florida Department of Education Tallahassee, Florida 32399-0400 I, the bidder, hereby represent that the specifications of school bus equipment furnished under terms of this bid will comply with the National School Transportation and Procedures, Revised 2015, and the Florida School Bus Specifications, Revised 2019, as represented by the manufacturer to the Commissioner of the Florida Department of Education, State of Florida. NOTES: 1. Do not include excise tax in price schedule. A tax exemption certification or number will be furnished by the purchasing agency. 2. All prices must be quoted in even dollar amounts. 3. Twenty-nine capacity Type C buses shall be offered with both front -mounted and rear -mounted lift availability. 4. All standard and optional tires bid shall be all -wheel position highway rib radials. Comments regarding production schedules and remarks (for informational purposes only):. Company: sun state xnternatioanl Trucks, LLC By: Mike McCullough Address: 6020 Adamo Dr, Tampa, FL 33619 Telephone: (813)226®7330 FEIN: 59-3750718 Signature--°� --., Date:__ Page 373 of 527 ATTACHMENT 8 PURCHASE ORDER CONTACT PREFERENCE INFORMATION Please provide pertinent contact information for your company to be used on all purchase orders for buses purchased pursuant to this bid: ATTN (Contact Person's Name: Dianna Chesney Contact Person's Title: Order Administrator, Bus Company Name: sun state Internatioanl Trucks, LLC Street Address: 6020 Ad— Dr City, State, Zip: Tampa, FL 33619 Telephone: (813) 361-9629 CUSTOMER CONTACT PREFERENCE INFORMATION Please indicate the proper contact person for all inquiries related to bus orders: Contact Person's Name: Mike McCullough Contact Person's Title: Executive Operations Manager Company Name: sun state Internatioanl Trucks, LLC Street Address: 6020 Adam Dr City, State, Zip: Tampa, FL 33619 Telephone: (813) 226-7330 Fax: (813) 628-0527 Email address: mike•mccullough@sunatateintl.com Page 374 of 527 g_ ...,. c Mill ffidffiffi.$ mffiffi �ffiffiffi�ffiffi ffiffiffiaffiffiaffiffiffiffiffix &ffiffiffiffi ffi 5� ffiffiffi x Aa xffiffiffiffi ffiffi ffi && ffi ffiffi E 3 .� $323 3G`q „rX�,rox"anzW a"aa�5amaaam"am230 F.�maaa.a�amm� " s ^ " w d" erarrrrr..e,asrEeps aar_.aasrrssssaEVE sera s.€ a aaesrarrrsrrrrrrrar.ejr, ¢sea ssr serssrrarr�essrr.ss r E E E E E E E' EEE E fr: E E E E E vE E E E E E �. 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P, �-P �. F: Y, F.�P �'*M'd:M•;Y:^w".G:�',^�'n'...:::�m°::�w. &; F'"w ^. G: 6`Y: 'd.:Z P": n~: r� G:.^.P ^x`.. Z Z Bz GL W; „".'%; 6'" '�'zt Y.: &, °r*N»Y b; mwP W: &'. G; .R: Yv B, P•" � ^ ,'w:4:R;'Pl Pl �z ............... .. ... .era p........... ap.......................... ........ . aper po................... pcap er snp Pero ixpp ppi'lo ra eapp pen �`"^aX ®$"' ®upeapap pppeapp pp o ro o^ w a ea ®® p u.o p � s����T HAI <.... . ...<.........<..111leelellillill, .xe.seesses:seexsex®+...:��r uuuuuuuIPauuIP.,IuII I.,u1.3v1vuI.,u QwuIuuuQ11uIu°.rIu wIvjaIu1uu uauQu "aaa°aa'ska�p sans p� cc MY xxxxx xxxxr.rrF xxxxx xxxx x aaaxsaxaxa��� x x �aaaaaa xz x MAIM xis ��"�3ffia%3a3�:XE:s:s"c:aas�3Eaa:m$"aa"3a' Al October 1, 2019 IC BUS, LLC 2322 North Mingo Road Tulsa, OK 74116 Florida Department of Education School Transportation Management Section 325 West Grimes Street Tallahassee, FL 32399-0400 IC Corporation hereby certifies that all units manufactured for sale in the State of Florida meet or exceed all applicable requirements of U.S. Federal Motor Vehicle Safety Standards. Any optional equipment necessary to meet the requirements of the State of Florida School Bus Bid Specifications, revised 2019 and the National School of IC Bus dealer in the state and that dealer is Sun State Bus Center 6020 Adamo Dr. Tampa, FL 33619. Cortney Gulas 9MMUMEME= Pu ,r Page 376 of 527 October 1, 2019 IC BUS, LLC 2322 North Mingo Road Tulsa, OK 74116 Florida Department of Education 325 West Grimes Street Tallahassee, FL 32399-0400 Bus Center 6020 Adamo Dr. Tampa, FL 33619 Sincerely., Cortney Guzlas Chief Product Specialist PuW,c Page 377 of 527 October 1, 2019 IC BUS, LLC 2322 North Mingo Road Tulsa, OR 74116 Florida Department of Education 325 West Grimes Street Tallahassee, FL 132399-0400 IC Corporation hereby certifies that all installations of wheelchair lifts will comply to all requirements of U.S. Federal Motor Vehicle Safety Standards, and the State of Florida School Bus Bid Specifications, revised 2019, National School Transportation Specifications and Procedures, revised 2015 edition. Sincerely, Cortney Guzlas zmmw�s� public Page 378 of 527 SU INUMNSMOWEM October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Estimated Chassis Delivery This is to confirm that IC Bus and Sun State International Trucks, LLC have the facilities and resources to produce and deliver completed buses within the required production days as outlined in this ITB. Chassis production for IC products is performed in the same facility as the body. Chassis build date and build date for the complete bus are the same. Respectfully, Mike McCullough Executive Operations Manager Sun State International Trucks 6020 Adarno Drive 41609 Highway 27 7105 East 6th A Davenport, FL 33837 Tampal�,-�99V�'def 527 863-424-2411 863-424-2411 824715th Street East Tampa, FL 33619 Sarasota, FL 34243 813-621-1331 941-355-7681 SUI October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Liquidated Damages This is to acknowledge I have read and understand the provisions of Section 6.2 of the Florida Department of Education's ITB 2020-16, Liquidated Damages. Respectfully, Mike McCullough Executive Operations Manager Sun State International Trucks 6020 Adarno Drive 41609 Highway 27 7105 East 6th Avenue Davenport, FL 33837 TampeP, of 527 863-424-2411 863-424-2411 24715th Street East Tampa, FL 33619 Sarasota, FL 34243 813-621-1331 941-355-7681 October 1, 2019 IC BUS, LLC 2322 North Mono Road Tulsa, OK 74116 Florida Department of Education School Transportation Management Section 325 West Grimes Street Tallahassee, FL 32399-0400 IC Corporation hereby certifies that prevail upholstery manufactured by Omnova meets or exceed all requirements of State of Florida School Bus Bid Specifications, revised 2019, National School Transportation Specifications and Procedures, revised 2015 edition, and all FMVSS requirements. Sincerely, Cortney Guzlas Chief Product Specialist FUtfir Page 381 of 527 SWU October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Certification of Chassis Performance, ITB 2020-16 Buses to be furnished by Sun State International via bid 2020-16 to the State of Florida, Department of Education will meet the chassis performance requirements per Florida School Bus Specifications, Revised 2019. Respectfully, Mike McCullough Executive Operations Manager Sun State International Trucks 6020 Adamn Drive 41609 Highway 27 7105 East 6th Avenue Davenport, FL 33837 TampR, F1Q(93V23 of 527 863-424-2411 863-424-2411 8247 15th Street East Tampa, FL 33619 Sarasota, FL 34243 813-621-1331 941-355-7681 II SU E 'i�� VZWAflSNMU�=UNVW!ff October 22, 2019 State of Florida Department of Education Tallahassee, FL Re: Pre -delivery Inspection Process Outline Buses offered by Sun State International via the Florida Department of Education's ITB 2020-16 will be pre - delivery inspected at a Sun State International facility and/or facility of an IC Support Dealer in Florida. Inspections will be performed and documented on the form provided as Attachment 10 of the ITB and per the requirements of the Florida School Bus Inspection Manual. Sun State International and Florida IC support dealers are committed to participating in the FAPT/Department of Education's Inspector training and certification program. Mike McCullough Executive Operations Manager Sun State International Trucks Adamo Drive 8247 15th Street East 41609 Highway 27 7105 East 6th Avenue Tampa,6020 FL 33619 Sarasota,Davenport, ; @1�99&10f 527 • ., 863-424-2411 863-424-2411 =ront Air Ride Susp p L/N 4864 Alternz )le Pedals S Transmission e Rear Suspension IliiU Eii t Floor eadlamp System Brakes latch I,kiti E.ii 3ox w/Key i Headroom (minimum) [STD) [STD) [STD) [STD) [STD) [STC )m/PA h Radio Radio (no PA) Door at Fuel Tank ite Integrated Child Restraint Seat :hild Safety Seat h Integrated Child Restraint Seat egrated Child Restraint Seat Body Light Monitor I,kiti E.ii oulder Belts (PRICE PER UNIT - no reduction in seating capacity) *** rf. Ceiling Panel -kup System upil Crossing Arm ss Steel Mirror System (with non-corrossive brackets & fasteners) [STD) [STD) [STD) [STD) [STD) [STC 1 Disconnect Switch Label ;ht Emergency Door ;eat Rear Heater e through Bumper r -Coated Windows s Seat with Integrated Seat Belt W/C - Add Seat (Lift Bus Only) (Lift Bus Only) N/A NJA N/A Seat - Add W/C (Lift Bus Only) (Lift Bus Only) N/A N/A N/A chair Securement Area Lighting (Lift Bus Only) (Lift Bus Only) N/A N/A eating (Lift Bus Only) (Lift Bus Only) N/A N/A rd Track -seating Seat (Lift Bus Only) (Lift Bus Only) N/A N/A s Seat with Integrated Seat Belt Il UIF, Optional Tire Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range Tire Manuf, Model, Size, Load range OPTIONNLWHEELCHAiR LIFT #1 Manuf, Model,# Capacity, Platform width Manuf, Model,# Capacity, Platform width Manuf, Model,# Capacity, Platform width 5TIONAL WHEELCHAIA TIEDOWNIOCCUPANT RESTRAINT SYSTEM (WTORS) tS Manuf, Model tS Manuf, Model tS Manuf, Model tS Manuf, Model [AC-1]OPTIONAL AIR-CONDITIONING - Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS Manuf, Model, IMACA BTU, AMPS ADDITIONAL Alk-tONDITIONER OOtIONS amber of Wheelchair Spaces: umber of Wheelchair Spaces: umber of Passengers in Regular Seats with Standard (3) Wheelchair Spaces: PACITy FOk FRONT MOUNTED LIFT EQUIPPED BUSES amber of Wheelchair Spaces: umber of Wheelchair Spaces: umber of Passeneers in Reeular Seats with Standard (3) Wheelchair Spaces: amber of Wheelchair Spaces: umber of Wheelchair Spaces: umber of Passengers in Regular Seats with Standard (3) Wheelchair Spaces: WARRANTY OPTIONS gine Warranty Manuf, Model, 60 Months/150,000 Miles gine Warranty Manuf, Model, 60 Months/200,000 Miles gine Warranty Manuf, Model, 60 Months/Unlimited Miles gine Warranty Manuf, Model, 120 Months/Unlimited Miles anty 60 Months/Unlimited Miles =dit Option 12 Months/12,000 Miles ONLY(* see note) is warranty credit, the purchasing district is declining the standard cassis warran dard body warranty and will only have warranty coverage for 12 Months/12,000 (CEPTIONS) from the updated in-service date of the bus. 11 mim mlmlmlmlm oI oI oI oI o E E E 0 0 0 m m m a a a a a a a a a a a a a a a a a a a a a a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ > > > > > > > > > > > > > > > > > > > m m m m m m m m m m m m m m m m m m m ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ V V V V V V V V V V V V V V V V V V V ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ k ) E m 2 ) ; �j 32 - \ \ \ \ \ \ \ ) 3q 3q \0 _ \\c=/ > 732/3#§\ \\\\\/ �j N O N Z a I N l m N Z M� L!) 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Q Q o U 0 0 0 0 0 0 0 0 0 0 5 � C f6 3 N •VI ', O H vOi pq Yd, s. Z O v ; Vmm 0 00 101 N nIN N M M N �IZ N M M I, Z I O . 0 00 101 N n I N N M M N� Z N M M I, Z I O . I^ 0 00 IDI N nIN N M M N �IZ N M M I, Z I O . 0 co IDI N n I N N M M N� Z N M M I, Z I O . I^ 0 W ON n I N N M M N� Z N M M I, Z I O . -1^ 0 00 IDI N n I N N M M N� Z N M M I, Z I O . I^ i I c�o-I Ln I In Ln M N Ln W Ln 00 7 I 7 I Ln W 0 i t co LnI I I I I '.,.I Z I Ln nl' I Z I t I N I Lnnl' Z I Z I I� I Ln m I Z i t ciLn I In Ln M N Ln 00IW Ln 00 7 I 7 I Ln r" 0 it �o Lncill I I I I,...: I ZILn N Ln Ln m LI ZI I BILI ZIZI I I I I Z it ciLn I In Ln M N Ln W 1 'tLn 00 �I �ILn W 0 I�Ln �I IZI �I r,,-I� IZIZI I00I�I -I Z X_ X 6 6 X_ p X_ N N Q N CL CL Q Q N +0+ O O C C N N N N to to C Q 0 N O C N N to CL Q +0+ O C N N to DELIVERY PRICES VENDOR: Sun State International Calhoun Blountstown Escambia Pensacola DELIVERY UPCHARGE FOR PROPANE PLEASE ADD $500 DELIVERY UPCHARGE FOR CNG PLEASE ADD N/A DELIVERY UPCHARGE FOR ELECTRIC PLEASE ADD N/A DELIVERY UPCHARGE FOR MFSAB PLEASE ADD $0 DELIVERY UPCHARGE FOR Green Cove Springy PLEASE ADD $ Dixie FROM: N/A Jacksonville IC Bus 2322 North Mingo Rd, Tulsa, OK 74166 IC Bus 2322 North Mingo Rd, Tulsa, OK 74166 IC Bus 2322 North Mingo Rd, Tulsa, OK 74166 Trenton BUS TYPE Jasper A C D MFSAB? IREGIONA ]COUNTYSEAT , ' IN/A IS1.180 IS1.180 IS1.180 I Bay Panama City Calhoun Blountstown Escambia Pensacola Franklin Apalachicola Gulf Port St. Joe Holmes Bonifay Jackson Marianna Liberty Bristol Okaloosa Crestview Santa Rosa Milton Walton Defuniak Springs Washington Chipley REGION COUNTY SEAT Alachua Gainesville Baker Macclenny Bradford Starke Clay Green Cove Springy Columbia Lake City Dixie Cross City Duval Jacksonville Gadsden Quincy Gilchrist Trenton Hamilton Jasper Jefferson Monticello Lafayette Mayo Leon Tallahassee Levy Bronson Madison Madison Nassau Fernandina Beach Suwannee Live Oak Taylor Perry Union Lake Butler Wakulla Crawfordville NOTE: DELIVERY PRICES ARE BY REGION AND BUSES SHALL BE DELIVERED TO THE COUNTY SEAT OF THE ORDERING DISTRICT. Page 398 of 527 DELIVERY PRICES REGION 3 (OUNTY„SEAT N/A 900 900 900 Citrus Inverness N/A Flagler Bunnell N/A Hernando Brooksville N/A Hillsborough Tampa N/A, Lake Tavares N/A Marion Ocala N/A Orange Orlando N/A Pasco New Port Richey N/A Pinellas Clearwater N/A Putnam Palatka N/A St. Johns St. Augustine N/A Seminole Sanford N/A Sumter Bushnell N/A Volusia Deland N/A REGION 4 COUNTY SEAT. N/A g,025 g,025 1 025 Brevard Cocoa N/A Charlotte Punta Gorda N/A DeSoto Arcadia N/A, Glades Moore Haven N/A Hardee Wauchula N/A Hendry LaBelle N/A Highlands Sebring N/A, Indian River Vero Beach N/A Lee Fort Myers N/A Manatee Bradenton N/A Martin Stuart N/A Okeechobee Okeechobee N/A Osceola Kissimmee N/A Polk Bartow N/A St. Lucie Fort Pierce N/A Sarasota Sarasota N/A REGION 5 COUNTY SEAT N/A 1 200 1.,200 1 200 Broward Ft. Lauderdale N/A Collier Naples N/A Miami -Dade Miami N/A Monroe Key West N/A Palm Beach JW. Palm Beach N/A NOTE: DELIVERY PRICES ARE BY REGION AND BUSES SHALL BE DELIVERED TO THE COUNTY SEAT OF THE ORDERING DISTRICT. 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'a +: s 5.E CL L N U L L N O O L � 0 f6 U m Q N O cp 0 C U +, _ +� O 4' CA u C I n __ N L N E Q L '� L �.L +•� Q N +•� _ — +•� _ — C O a, L N '� L N N L O +•� L �n Ln +, f6 f6 +� s +� (6 (6 CA O U +, U v— •r- N L (6 N s U m 76 N C 4— C S •s S CL bp CL to ML ap C C L O L E � `L' E u a E C to to Q C `L' L° `L' o O 'to °c 3 0 CO a �' s a° a n v+ c° ° Q Q� v a c`a a o D- a Q 1 L C C N O E a� CL L +, ° m Ln O Q s N O O E N CA _ J Q ° ° L C C L Q p LLU vUi LL s m tin s ao N v C Q to m ? � � (J � � C m '� tin a m O s \ O cL >� rlN LO 4- 0 N (6 c Z W CL CL El LU LU LU V) V Z U a O N O N m H 76 0 ru L C I O Z LU CA W H O z N oC W 0 0 m ti N LO 4- 0 LO N O1 FMVSS and GAWR attestation of compliance letter ATTACHMENT 12 Page 416 of 527 Power Lift attestation of compliance letter ATTACHMENT 13 Page 417 of 527 Chassis Delivery Dates Letter ATTACHMENT 14 Page 418 of 527 Liquidated Damages Acknowledgement Letter ATTACHMENT 15 Page 419 of 527 Seat Covering Specifications Letter ATTACHMENT 16 Page 420 of 527 Type C and Type D Chassis Performance Letter ATTACHMENT 17 Page 421 of 527 Pre -Delivery Program Outline ATTACHMENT 18 Page 422 of 527 Bid Addenda (if any) ATTACHMENT 19 Page 423 of 527 ATTACHMENT 8 PURCHASE ORDER CONTACT PREFERENCE INFORMATION Please provide pertinent contact information for your company to be used on all purchase orders for buses purchased pursuant to this bid: ATTN (Contact Persons Name); Dim Chesney Contact Person's Title: Order Administrator, sus Company Name: sun state interatiaanl TzUcks, LLC Street Address: 6020 Ada- o Dr City, State, Zip: Tampa, FL 33619 Telephone: (813)361-9629 CUSTOMER CONTACT PREFERENCE INFORMATION Please indicate the proper contact person for all inquiries related to bus orders: Contact Person's Name: ,dike Kccullaugh Contact Person's Title: sxacutive Operations Hanger Company Name: sna state Internaticanl Trucks, LLc Street Address: 6020 Adamo Dr City, State, Zip: Tampa, Ft 33619 Telephone (813) 226-7330 Fax: (813) 628-0527 Email address: mike.mceullough@sunstateintl.cam Page 424 of 527 PUBLIC WORKS DEPARTMENT REQUEST FOR PURCHASE ORDER Date: 2/10/2021 1 Account No.: 1 501-2515-591.64-31 P.O. #: Justification: I VRL approved FY 20-21 R w uested By: Bill Darty Department Head Approval: w Circle All that Apply Division Head /Supervisor A !roval:w RF Cap. Outlar Division Charged: I Fleet Other: Recreation Replacing: 500 Sun State International Trucks, Vendor: LLC No. Contact Person: Margaret Holland Address: Fed ID #: Cite: State: Fax #: Phone: 813-503-7418 Minorit,)r Status: TY PRICE UNIT DESCRIPTION ITEM # COLOR SIZE TOTAL One 77 passenger bus 1 $111,982.00 Each with lift $111,982.00 white >z 11 er q.uote /R 7.. 1 � SA B) I Price Quote Vendor Name I TOTAL $111,982.00 Page 425 of 527 Quoted To: City of Boynton Beach Phone: 561-742-6215 Quote #: 77- MFSAB Address: 222 N.E. 9th Ave. Fax: 0 Quote Date: 2/9/2021 Boynton Beach FI, 33425 Email: DartyW@bbfl.us 0 Quote For: 77 Passenger _..... Lift Bus MFSAB Includes 3 Wheelchair positions — IC AC front and rear bulkhead & dash air w_�� Item # ..... �.�._wn_ .... ... --- �....._ __, .,,.....__........ . Description �. �..._......_w_ _.w _ ,e...... Qty Unit Price Discount unt Price Prlce Bid Reference # _... ........ e. Pricing Per FL DOE Bid # 2020-16 $ $ „ MFSAB 77 w/Lift ... �_.� MFSAB 77 Passenger Lift (STD mins ISB 250h Cum p/660LbFt) 65 Gal. Fuel Tank _._._.....__ 1 � � .nn.r r_ ___ - 93,403.00 93,403.00 STD [C6] 32. 5 Amp L/N BLP4006HN, STD 1 . ...,.,� _._... STD _.... - — [C33] Auto Headlamp ._- - --.._....,._._._ mm.. _......_ .�---�._ mp System- Std .__ 1 , STD . _. �.,_. .......... [133] Vandal Box w/Key 1 ..ro ..........�. 77" High . .. ..... ..... [B]4 76" High Headroom (minimum) Option ...... [B56] P.... _w.e ._ ..._._. _. ..--- .__..--------------- A w/Radio _ - 1 343.00 .00 343,(10 Option [B11] Lap/Shoulder eel..... _........ .—..._ S is (price per unit - no seat reduction) _..,.. �.� ....... __. .. . _......... nn 18 a.... �.w , 276.00 4,968.00 STD [812] Full PerfCeiling Panels 1 Option .—._. [B13] Bus Lockup System �._..m ..__..._.......................... ...............,..... �_....... 1 266.00 266.00 STD . [B15] StainlessSt.... Steel Mirror System (with non -corrosive brackets & fasteners) . __,.9.._ 1 __. �--- _ Lift........,_._ - Braun, NCL1000FIB3451, 10 __­­1_'1­1'1'11111­_­_�� .... 00#, 34" Wide .......... _ .. 1 144.00 144.00 STD........ Sure Lok FF6125 4C 7 Tiedown/Restr.. ................ aint System (S- Hook) ..... 1 Additional Options Tag and........... Title Processing ------- - __.. _. .. . 1 _.. _ 200.00 200.00 Additional Options ......... .... 12v Aux Pow Power Outlet _.. 1 ,.....m ........ w 24.00 .._. __. 24;00 Additional Options �... Navi flex Stepwell Coating ...,,,,, ,,, _ ._ .- w.___- 1 Delivery Delivery to Region 5 � �......_�.......................... ._._., . _ _. . _... ............. ........ 1 ....................... 1,200.00 ,"100,. 00 AC - 65 - 77L,..... IC AC, TD-FRIW-5 C 13-13, 120,000BTU, 138AMP w/Dash ... ................ .. �...�... _........... .. 1 11,434.00 _ ..... 11,434.00 STD .._..._w Auto Trans Warranty, Allison Tyr St..._.._, d on PTS 2500 Series 6 s d , _�- 1 _ ....... STD ----_- ._._ TransyndFluid-Std �....._...._. ..............� 1 STD -Diesel onlyEn �.... . .. ...... ,� ,, gineExhaust Brake- Std 1 STD✓...__ ,_............. .TailpipeThroughBumper_.... a.ww..__-------..... �. _ Std ....... 1 ...... ........_ _,. _ ,w,._.....� ...uw,: STD -_.._............,,......... ................ _.., ESC Electronic Stability Control .m�........ ....,,._, _..... ..... Quote 00 Subtotal 111,982. _. 00 Special Instructions: Rate Q;00% Sales Tax This quote will expire after 30 Days from date listed above. Other����� P� q Y Make all Purchase Orders out to Sun State International Trucks, LLC. Less Deposit 0.00 Date: PO# TOTAL $ " 111,982.00 Signature: Page 426 of 527 STATE Bus lersmTens Margaret Holland —Sale Manager iu,u t V;,,V It l tiu _ t;ttu°t (813) 453-7418 WWW,L )staieVitttsc a°°uta*u°s,.a°° t°irt 77 pass @ 3 per Seat 51 Pass @ 2 per Seat�w —� 84,500 BTU Under Seat Rear Heater - $406 25 — 39" Seats Locking Fuel/DEF/Battery Compartment - $35 Each 1— 26" Seat A/C options IC/MCC/TransAir/Burgstrom - $10K to $13K 13 Rows — (1st Row UCRA) Customized Camera Install Internal & External Lift bus = 3 WC positions 54 seated students @ 3 per 2021- IC International MFSAB — Multi Functional School Activity Bus 77 Passenger/Lift Type CE School Bus FW /, /1e Options: 100 Gallon Fuel Tank - $488 84,500 BTU Under Seat Rear Heater - $406 AM/FM Radio with Public Address - $343 Locking Fuel/DEF/Battery Compartment - $35 Each Bus Lockup System - $266 A/C options IC/MCC/TransAir/Burgstrom - $10K to $13K Air Ride Rear Suspension - $571 Customized Camera Install Internal & External New on the Florida State Bid # 2020-16 VC Bus ...155 o offer Active ri mudN llWdg tflcin Sysl mirrii ... opti n t Electronic Stability Control —Standard LED Lighting Exterior & Interior - Standard Upgrade AC with TM -43 — Option WI -FI — equip your bus with Kajeet WIFI System —option IC Bus, 270 Camera — exterior camera system - option Standard Features Included in Base Price: 89 021 Lift93 403 Diesel Engine - Cummins ISB, 250 HP, 660 Ib. Torque Allison Automatic 6 Speed Transmission Braun Lift Vandal Box W/Key ESC - Electronic Stability Control Goodyear, Endurance 111122.5 LR G Hood built-in open & Close assist ACTIVITY BUS exterior front cap Brakes - Air with Four Channel ABS Low Coolant Level Indicator with Alarm Alternator - 325 Amp Leece Neville Keyed Alike - Ignition and Electrical Box Rub Rails (4) Sealed Flange to Flange 20" Skirt / Driver's Air Seat Noise Elimination Switch Oil Lubricated Front Wheel Bearings Roof Hatch, Transpec First Row Seat Each Side UCRA 5 Ib. Fire Extinguisher / Roof -Mounted Strobe Stainless Steel Exterior Mirror Hardware w/non-corrosive brackets & fasteners Driver's Overhead Storage Compartment, Left of Driver Body Roof Bow Reinforcement for Colorado Rack Paint Roof White Must add Lap/Shoulder Belts @ $276 Per seat Seat Upholstery, Blue Fireblock Integrated Multiplex Body and Chassis Wiring Lift Bus - Evac Blanket inluded w/Braun Lift LED Interior/Exterior Lights Clear View Engine Compartment Entrance Steps 36" Wide w/Pebble-Tread Child Detection System - No Student Left Behind Tilting Front hood for easy service access Synthetic Transmission Oil Battery System - (3) 12 -Volt 1950 CCA Maintenance Free Full View Window 82"W x 27"H Air Entrance Door 65 -Gallon BTR Fuel Tank 16 Gallon DEF Tank Front Suspension Meritor I-Beam10,000 Ib. Rear Suspension Meritor Single Reduction 21,000 Ib. Grade 8 Bolt Body Tie Downs 28% Tinted, Laminated Windows Koroseal Floor Covering (Black) Wheels, painted Gray, Powder Coat Headliner Fasteners, Screws Sub Floor Plywood - BB Marine Grade 5/8" 5 ply First Aid Kit, Body Fluid Kit Entrance Door/Controls Left of Driver Exterior Light Check System for Pre -Trip Inspection Cruise Control — Customer Option Left side glove Box w/Cup Holder Page 427 of 527 Date: 2/16/2021 Requesting Department: Public Works Contact Person: Bill D Explanation for Purchase: Purchase Replacement activity bus for unit #500 for the Recreation Department. $124,384.00 approved for purchase in FY20-21 budget. Recommended Vendor Sun State Internantional Trucks, LLC Dollar Amount of Purchase $111,982.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract XX PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: FL DOE #77-MFSAB NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account 501-2516-519. 64-31 Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 428 of 527 7.C. Requested Action by Commission: Approve an increase to the annual expenditure for additional services associated with the Landscape Maintenance Services contract for Medians and Right -of -Ways, Bid No. 033- 2730-20/RW performed by Batallan Enterprises, Inc. dba Property Works in the amount of $100,000 annually for the duration of the contract. Explanation of Request: On December 15, 2020, the City Commission approved Resolution R20-145 awarding the contract for Landscape Maintenance Services for Medians and Right -of -Ways to Batallan Enterprises, Inc. dba Property Works in the amount of $408,147.92 annually. The annual expenditure as awarded includes a $5,000 allowance for additional services on an as needed basis for the entire term of the contract. This allowance is not sufficient to cover the projected additional services typically warranted as part of the contract. Staff is requesting to increase the annual expenditure for additional services from $5,000 to $100,000 annually. This increase will allow for the proper accounting and expenditure of funds for additional services on an as needed basis. How will this affect city programs or services? This additional allowance will provide for continuous service in connection with landscape maintenance of Medians and Right -of -Ways to enhance City-wide operations. Fiscal Impact: Budgeted The costs of the monthly landscape services will be paid from account # 001-2730-572-49-17 Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 429 of 527 Attachments: Page 430 of 527 AM Public Hearing 3/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-005 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-002) from Medium Density Residential (MEDR) to Low Density Residential (LDR) for Lawrence Road / 71st Avenue South. City -initiated. Proposed Ordinance No. 21-006 - First Reading - Approve Rezoning (LUAR 21-002) from PUD, Planned Unit Development to R -1A, Single -Family Residential for Lawrence Road / 71st Avenue South. City -initiated. Explanation of Request: The subject properties were annexed to the City in May of 2006. Concurrently, the project—named Parc Central—obtained approvals for Future Land Use reclassification, from County Medium Residential (MR -5) to the City's Medium Density Residential (MEDR) classification, and for rezoning, from County Agriculture Residential (AR) to the City's PUD, Planned Unit Development District. The master plan/site plan included, in part, approval for 90 townhomes. Parc Central was never built. As was the case of several other projects in the City, the timing of the approvals turned out to coincide with the collapse of the housing market and ensuing economic decline in 2008/09. Since the site plan for the Parc Central project expired, there has been no interest in redevelopment of the properties under the current PUD zoning, partly due to the multiple interests involved. Staff has been contacted by the owners and/or potential purchasers of some of the six individual properties that comprised the Parc Central project, and they have expressed dismay that all of the parcels along 71St Avenue South are linked by the PUD zoning district, which limits their individual use/development. As the land was annexed from Palm Beach County, it cannot be reverted to the pre -annexation land use and zoninig designations. The proposed future land use and zoning is appropriate for the current use of the properties and consistent with the area land use patterns. Prior to annexation, the properties were under the County's AR zoning which allows up to 5 dwelling units per acre; the proposed R -1-A zoning district has a comparable density cap of 6 units per acre. (Note that staff recommended denial of the 2006 reclassification of the Parc Central based on incompatibility of the project's density and massing with the land use patterns of adjacent areas.) The Planning & Development Board recommended approval of these applications at the February 23, 2021 meeting. How will this affect city programs or services? No impact on programs or services Fiscal Impact: No fiscal impact Alternatives: None recommended Strategic Plan: Page 431 of 527 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D OrdinainCE) Ordinal['IC2, appirtnkng airTIE)indirTIENI'lt tO I aind USE) dE)Siginaboin for I aWENIICE) Road D OrdinainCE) Ordinal['IC2, appirtnkng r'E)Z01['1i1['1g ( Road piro6 PE)irty D Staff IRE)port Staff IRE)port D I ocaboin li ap Exhibitk I ocaboin li ap D Exhibit Exhibit B , E)dsbing F::: I U D Exhibit Exhibit B 1 , Flro�POSEd F::: I U D Exhibit Exhibit C , Exisbing D Exhibit Exh i bi t C1. F1 ro�POSEd Zoin Ii ing Page 432 of 527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS LAWRENCE ROAD/71st AVENUE SOUTH AND DESCRIBED HEREIN, CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MEDR) TO LOW DENSITY RESIDENTIAL (LDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 29 30 31 32 33 34 35 36 37 38 39 40 41 Future Land Use of the following described land: 7086 Lawrence Rd. THE WEST 260 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/40F THE NW 1/40F SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; LESS THE WEST 40 FEET THEREOF. 3989 71st Ave. S. THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PALM BEACH, STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS: THE EAST 279.50 FEET OF THE WEST 539.50 FEET OF THE SOUTH HALF (S /z) OF THE NORTH HALF (N 1/2) OF THE NORTHWEST QUARTER (NW �/4) OF THE NORTHWEST QUARTER (N 1/4) OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. S:\CA\Ordinances\Planning\LandUse\LaNvrence Road (71st Avenue South) LUA - Ordinance.Docx Page 433 of 527 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 :: TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 60 FEET OF THE SOUTH HALF (S '/,) OF THE NORTH HALF (N '/,) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTH WEST QUARTER (NW 1/4) OF SECTION 7 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 3981 71st Ave. S. THE SOUTH 1/2 OF THE NORTH 1/20F THE NW 1/40F SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, EXCEPTING THEREFROM THE EAST 580 FEET AND THE WEST 539.50 FEET, SUBJECT TO AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTH 60 FEET THEREOF, AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 60 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 71st Ave. S. THE WEST 140 FEET OF THE EAST 580 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, SUBJECT TO AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTH 60 FEET THEREOF, AND TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 60 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/40F THE NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 3825 71s' Ave. S. THE WEST 220 FEET OF THE EAST 440 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NORTHWEST 1/40F THE NORTHWEST 1/40F SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTH 20 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NORTHWEST 1/40F THE NORTHWEST 1/40F SECTION 7, LESS THE EAST 440 FEET THEREOF. SUBJECT TO AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTH 20 FEET AND WHICH IS IN ADDITION TO ALL OTHER RESERVATIONS, RESTRICTIONS AND EASEMENTS OF RECORD. 3771 71s' Ave. S. THE EAST 440 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/40F THE NW 1/40F SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY PURPOSES OVER THE SOUTH 20 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/40F THE NW 1/40F SAID SECTION 7, LESS THE EAST 440 FEET THEREOF. is amended from Medium Density Residential (MEDR) to Low Density Residential (LDR). 89 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, S:\CA\Ordinances\Planning\LandUse\LaNvrence Road (71st Avenue South) LUA - Ordinance.Docx Page 434 of 527 90 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 91 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 92 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 93 including appeals, are exhausted. In the event that the effective date is established by state law 94 or special act, the provisions of state act shall control. 95 FIRST READING this 2nd day of March, 2021. 96 SECOND, FINAL READING and PASSAGE this day of , 2021. 97 CITY OF BOYNTON BEACH, FLORIDA 98 YES NO 99 100 Mayor — Steven B. Grant 101 102 Vice Mayor — Ty Penserga 103 104 Commissioner — Justin Katz 105 106 Commissioner — Woodrow L. Hay 107 108 Commissioner — Christina L. Romelus 109 110 VOTE 111 ATTEST: 112 113 114 115 Tammy Stanzione 116 Deputy City Clerk 117 118 119 (Corporate Seal) S:\CA\Ordinances\Planning\LandUse\LaNvrence Road (71st Avenue South) LUA - Ordinance.Docx Page 435 of 527 1 ORDINANCE NO. 21- 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 LAWRENCE ROAD/71sT AVENUE SOUTH) FROM PUD PLANNED 7 UNIT DEVELOPMENT TO R -IA, SINGLE 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 PUD Planned Unit Development to R -IA, Single 15 Family 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 PUD, 26 Planned Unit Development to R -IA, Single Family Residential. A location map is attached 27 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 28 29 7086 Lawrence Rd. 30 THE WEST 260 FEET OF THE SOUTH/20F THE NORTH/20F THE NW 1/4 OF 31 THE NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 32 BEACH COUNTY, FLORIDA; LESS THE WEST 40 FEET THEREOF. 33 M 1 S:ACA\Ordinances\Planning\Rezoning\Lawrence Road (71st Avenue South) -Rezone - Ordinance.Docx Page 436 of 527 35 36 3989 7111 Ave. S. 37 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY 38 OF PALM BEACH, STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS: 39 THE EAST 279.50 FEET OF THE WEST 539.50 FEET OF THE SOUTH HALF (S 40 /z) OF THE NORTH HALF (N 1/2) OF THE NORTHWEST QUARTER (NW �/4) OF 41 THE NORTHWEST QUARTER (N 1/4) OF SECTION 7, TOWNSHIP 45 SOUTH, 42 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. 43 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE 44 SOUTH 60 FEET OF THE SOUTH HALF (S 1/2) OF THE NORTH HALF (N 1/2) 45 OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTH WEST QUARTER 46 (NW 1/4) OF SECTION 7 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 47 BEACH COUNTY, FLORIDA. 48 3981 71s' Ave. S. 49 THE SOUTH 1/2 OF THE NORTH 1/20F THE NW 1/40F SECTION 7, TOWNSHIP 50 45 SOUTH, RANGE 43 EAST, EXCEPTING THEREFROM THE EAST 580 FEET 51 AND THE WEST 539.50 FEET, SUBJECT TO AN EASEMENT FOR ROAD AND 52 UTILITY PURPOSES OVER THE SOUTH 60 FEET THEREOF, AND 53 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE 54 SOUTH 60 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/4 OF THE 55 NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 56 BEACH COUNTY, FLORIDA. 57 71st Ave. S. 58 THE WEST 140 FEET OF THE EAST 580 FEET OF THE SOUTH 1/20F THE 59 NORTH 1/20F THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 45 60 SOUTH, RANGE 43 EAST, SUBJECT TO AN EASEMENT FOR ROAD AND 61 UTILITY PURPOSES OVER THE SOUTH 60 FEET THEREOF, AND 62 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE 63 SOUTH 60 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/4 OF THE 64 NW 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 65 BEACH COUNTY, FLORIDA. 66 3825 71s' Ave. S. 67 THE WEST 220 FEET OF THE EAST 440 FEET OF THE SOUTH 1/20F THE 68 NORTH 1/20F THE NORTHWEST 1/40F THE NORTHWEST 1/40F SECTION 7, 69 TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, 2 S:ACA\Ordinances\Planning\Rezoning\Lawrence Road (71st Avenue South) -Rezone - Ordinance.Docx Page 437 of 527 70 FLORIDA; TOGETHER WITH AN EASEMENT FOR ROAD AND UTILITY 71 PURPOSES OVER THE SOUTH 20 FEET OF THE SOUTH/20F THE NORTH 72 �/z OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/40F SECTION 7, LESS 73 THE EAST 440 FEET THEREOF. SUBJECT TO AN EASEMENT FOR ROAD 74 AND UTILITY PURPOSES OVER THE SOUTH 20 FEET AND WHICH IS IN 75 ADDITION TO ALL OTHER RESERVATIONS, RESTRICTIONS AND 76 EASEMENTS OF RECORD. 77 3771 71s' Ave. S. 78 THE EAST 440 FEET OF THE SOUTH 1/20F THE NORTH 1/20F THE NW 1/40F 79 THE NW 1/40F SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 80 BEACH COUNTY, FLORIDA; TOGETHER WITH AN EASEMENT FOR ROAD 81 AND UTILITY PURPOSES OVER THE SOUTH 20 FEET OF THE SOUTH 1/20F 82 THE NORTH 1/20F THE NW 1/40F THE NW 1/40F SAID SECTION 7, LESS THE 83 EAST 440 FEET THEREOF. U 85 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 86 accordingly. 87 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 88 Section 5. Should any section or provision of this Ordinance or any portion thereof be 89 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 90 remainder of this Ordinance. 91 Section 6. This ordinance shall become effective immediately upon passage. 92 FIRST READING this 2nd day of March, 2021. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 SECOND, FINAL READING and PASSAGE this day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE 3 S:ACA\Ordinances\Planning\Rezoning\Lawrence Road (71st Avenue South) -Rezone - Ordinance.Docx YES NO Page 438 of 527 108 ATTEST: 109 110 111 Tammy Stanzione 112 Deputy City Clerk 113 114 (Corporate Seal) 4 S:ACA\Ordinances\Planning\Rezoning\Lawrence Road (71st Avenue South) -Rezone - Ordinance.Docx Page 439 of 527 EXHIBIT A LOCATION MAP 62.5125 250 375 Feet Page 440 of 527 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 16, 2021 PROJECTS: Lawrence Road Future Land Use and Rezoning LUAR 21-002 REQUEST: Approve Lawrence Road Future Land Use Map Amendment from Medium Density Residential (MEDR) to Low Density Residential (LDR), and Rezoning from PUD, Planned Unit Development to R - 1A, Single -Family Residential. City -initiated. Property Owner: Applicant: PROJECT DESCRIPTION Multiple owners City -initiated Location: Six (6) properties along the north side of 71 st Avenue South, east of Lawrence Road, approximately 350 feet south of Hypoluxo Road (Exhibit B) Existing Land Use/ Zoning: Medium Density Residential (MEDR) / Planned Unit Development (PUD) Proposed Land Use/Zoning: Low Density Residential (LDR) / R -1A Single -Family Residential Use: Developed single-family homes (on five parcels); no change in use Acreage: 9.34 acres (six parcels) Page 441 of 527 Page 2 Lawrence Road LUAR 21-002 Adjacent Uses: North: Developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3, community commercial; farther north, right-of-way for Hypoluxo Road; South: Developed single-family residential lots (Jonathan's Grove), classified Low Density Residential (LDR) and zoned R -1A, then farther south developed residential community (Aspen Glen), classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; East: Developed single-family residential lots (Nautica Sound PUD), classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; and West: Right-of-way of Lawrence Road, and farther west, developed residential community (Palmyra 1) in the unincorporated Palm Beach County, classified Medium Density (MR -5, 5 units per acre) and zoned PUD, Planned Unit Development. BACKGROUND The properties were annexed to the City in May of 2006. Concurrently, the project— named Parc Central—obtained approvals for FLU reclassification, from the Palm Beach County Medium Residential (MR -5) to the City's Medium Density Residential (MEDR), for rezoning, from the County's Agriculture Residential (AR) to the City's PUD, Planned Unit Development, and for a site plan for 90 townhomes. Parc Central was never built. As was the case of several other projects in the City, the timing of the approvals turned out to coincide with the collapse of the housing market and ensuing economic decline known as a Great Recession. It appears that there is currently no consensus among the owners of the PUD to market the properties for a more intense redevelopment. 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 2.13 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 2 Page 442 of 527 Page 3 Lawrence Road LUAR 21-002 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. Since the site plan for the Parc Central project expired, there has been no interest in redevelopment of the properties under the current PUD zoning, partly due to the multiple interests involved. Staff has been contacted by some of the property owners and potential purchasers of individual properties about the development potential of their parcels, and they have expressed dismay that all of the parcels along 71St Avenue South are linked, thereby limiting their individual use/development. As the land was annexed from the Palm Beach County, it cannot be reverted to the previous land use and zoninig designations. The proposed future land use and zoning is appropriate for the current use of the properties and consistent with the area land use patterns. Prior to annexation, the properties were under the County's AR zoning which allows up to 5 dwelling units per acre; the proposed R -1A has a comparable density cap of 6 units per acre. (Note that staff recommended denial of the 2006 reclassification of the Parc Central based on incompatibility of the project's density and massing with the land use patterns of adjacent areas.) 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. See response to Criterion "a." Moreover, the properties carry a planned zoning designation of a PUD with the expired master/site plan. The proposed rezoning is appropriate for their current use and consistent with the Land Development Regulations. 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. See response to Criterion "a." The proposed future land use and rezoning is consistent with the established land use pattern. The Low Density Residential (LDR) future land use is prevalent in the surrounding areas, and while the majority are under the PUD zoning designation, the Jonathan Grove community adjoining to the south has the same R -1A zoning as requested for the subject site. 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 3 Page 443 of 527 Page 4 Lawrence Road LUAR 21-002 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. This criterion does not apply. 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. In 2006, the site was reviewed for long-term capacity availability as part of annexation and the future land use map amendment, and subsequently approved for a considerably more intensive development than its current use. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to Criterion "C." The proposed Future Land Use Map amendment and rezoning would be compatible with the current and future use of adjacent and nearby properties, and will not negatively affect local property values. 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) 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. 4 Page 444 of 527 Page 5 Lawrence Road LUAR 21-002 Generally, there are no direct economic benefits of the proposed FLUM amendment and rezoning. However, g(3) may be considered applicable, as the demand for single- family homes on the market is much higher than the demand for townhomes, should another attempt be made to redevelop the properties into a PUD project similar to Parc Central. 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 proposed rezoning/FLUM amendment would not reduce the amount of land available for commercial/industrial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. This criterion is not applicable. 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. This criterion is not applicable. There is no use change. RECOMMENDATION Staff recommends that the subject requests be approved. 5 Page 445 of 527 EXHIBIT A LOCATION MAP 62.5125 250 375 Feet Page 446 of 527 EXHIBIT B LAWRENCE ROAD: CURRENT FLU Hypoluxo Rd 111 111 111 111 III ��� II III III 1 ��� 111 rrrlrrl�ll �1r rrrlrrl�ll �1r rr 1 I� II �1r rr 1 I� II �1r rr 1 I� III 1r rr 1 I� III 1r rr 1 I� II 1r rr 1 I� II 1r rr 1 I� II 1r rr 1 1I� IIr1r rrll�ll�l� IIr1r 11111 �� 11111 11111 � IIr1r Ir r 11 r 1 1 1 1 1 Ir r 11 r 1 1 1 1 1 11111 11111 rr11r II 111 rr11r I II 111 1 1 1 r I I 1 1 1 r l r II r l r l r I r l r l r I r l r l r I r l r l r I r l r l r 11 r l r l r 11 r l r l r 11 r l r r 1 1 1 1 1 r l r 1 1 1 1 1 r l lr 11 rr 1 r lr 1 1 11 11111 11111 1 1 1 Ir lr I 1 rr 1 1 1 111111 11111 111111 11111 111111 11111 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 rrl 1 1 1 rr 1 1 11 1 rr 1 1 1 1 11 1 rr 1 1 1 1 11 � 1 rr 1 1 111111 1 rill 111111 1 r 11 111111 1 r 11 111111 1 r 11 1 1 1 1 lr 1 1 1 1 r 1 1 1 1 1 r 1 1 1 1 r 1 1 1 1 r l l l 1 1 1 r l l l 1 1 1 r l l l 1 1 1 r l l l 1 � I r l r r l r II r l r II r r II r 1 1 1 II r 1 1 1 r l r l r l Ir l r l r l r l r l _ 1111111111 �� rrrrrrrrll+ IIIIIIIIIIIIIIIIII NMI � ,����ii� 1111111111 I him v � 71 st Av111 Oil e S v Jona thans Way 71 st in S ................... .................. ................. Legend ❑ w' " "I"= CityBoundary_2019 LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre -.FT77-FT� MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre krildence Ric LOCAL RETAIL COMMERCIAL (LRC) 0 62.5125 250 375 Feet Page 447 of 527 EXHIBIT B1 LAWRENCE ROAD: PROPOSED FLU 19 HypoluxomlRd PF _. 71 .s t �►ve� S Jo'natfiaim-4-WaY 71st Ln$ Legend filmmommob T-1 CityBoundary_2019 LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre iO LOCAL RETAIL COMMERCIAL (LRC) V ,CL s; 0 62.5125 250 375 Feet Page 448 of 527 EXHIBIT C ql Ku aA&19LL=ew Hypoluxo mRd 3 CL 1 c� � 71st Ave S y ................. At JO'natfiah-4-WaY 71st Ln$ Legend R1A Single Family, 6 du/ac PUD Planned Unit Development C3 Community Commercial City Boundary Ivd 0 10, 0 62.5125 250 375 Feet Page 449 of 527 EXHIBIT Cl Hypoluxo mRd c� i roposed R -IA ............ . .......................... L ......... . ................. At � 71st Ave S � JO'natfiaim-4-WaY 71st Ln$ 0 62.5125 250 375 Feet Page 450 of 527 Aw Public Hearing 3/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-007 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-008 - First Reading - Approve Rezoning (LUAR 21-003) the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. Explanation of Request: The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and the City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. There are two major factors contributing to the need for the proposed amendment: The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3, Community Commercial Zoning west of 1-95 are would likely occur under Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three- way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is proposing this FLUM amendment and rezoning for the subject lot, reclassifying it from Local Retail Commercial (LRC) to Mixed - Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. The Planning & Development Board recommended approval of these applications at the February 23, 2021 meeting. Page 451 of 527 How will this affect city programs or services? No impact at this time. Fiscal Impact: No impact at this time Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D f firdliir:air CE) D f firdliir:air CE) Description f firdliir:a l['IC2, a ppirtnkng Ila ind LASE, dE)Siginaboin for K111LAth IRoad f firdliir:a l['IC2, appiraga r:g irasZ01r:li1r:g IiCir:L.aifh IRoad parol asirty Staff IIRE)p '.:ir t Exhibit . II.....ocaflioin li Map Exhibit IC , IC::.ada:>bing II:::::IL....0 Exhibit IB f .IFl r o lPQ. SE: ,d II::::: II..... U Exhibit fes. IC:::.acua:>bing Z(...xniirg i:: xh: ilbif C1fIF1rol c.SE: ,d f:a ani iirg Page 452 of 527 1 ORDINANCE NO. 21- 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 KNUTH ROAD AND 7 DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO 9 MIXED-USE LOW (MXL); PROVIDING FOR CONFLICTS, 10 SEVERABILITY, AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 22 (designation) of the Comprehensive Plan as hereinafter provided. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD 30 (STATE ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH 31 FARMS COMPANY PLAT NO. 8, ACCORDING TO THE PLAT THEREOF 32 RECORDED IN PLAT BOOK 5 AT PAGE 73 OF THE PUBLIC RECORDS 33 OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 15.0 FEET 34 THEREOF, and 35 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH 36 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, 37 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO 38 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73 OF THE S:ACA\ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 453 of 527 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED 40 AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF 41 THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT OF WAY 42 LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 43 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS 44 OF PALM BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., 45 ALONG SAID RIGHT OF WAY LINE, 15.01 FEET TO THE POINT OF 46 BEGINNING; THENCE CONTINUE S.88°28'40"W., ALONG SAID 47 SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE S.0°00'00"E., 48 264.00 FEET; THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 49 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; 50 THENCE N.0°00' 00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO 51 THE SAID POINT OF BEGINNING, CONTAINING 49,295 SQUARE FEET 52 OR 1.1317 ACRES MORE OR LESS. 53 54 is amended from Local Retail Commercial (LRC) to Mixed -Use Low (MXL). 55 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 56 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 57 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 58 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 59 including appeals, are exhausted. In the event that the effective date is established by state law 60 or special act, the provisions of state act shall control. 61 FIRST READING this 2nd day of March, 2021. 62 SECOND, FINAL READING and PASSAGE this day of , 2021. 63 CITY OF BOYNTON BEACH, FLORIDA 64 YES NO 65 66 Mayor — Steven B. Grant 67 68 Vice Mayor — Ty Penserga 69 70 Commissioner — Justin Katz 71 72 Commissioner — Woodrow L. Hay 73 74 Commissioner — Christina L. Romelus 75 76 VOTE 77 S:ACA\ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 454 of 527 78 ATTEST: 79 80 81 82 Tammy Stanzione 83 Deputy City Clerk 84 (Corporate Seal) S:ACA\Ordinances\Planning\Land UseAKnuth Road LUA - Ordinance.Docx Page 455 of 527 1 ORDINANCE NO. 21- 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 KNUTH ROAD FROM PCD PLANNED COMMERCIAL 7 DEVELOPMENT TO SMU SUBURBAN MIXED USE; PROVIDING 8 FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from PCD Planned Commercial Development to SMU 14 Suburban Mixed Use; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from PCD, 25 Planned Commercial Development to SMU, Suburban Mixed Use. A location map is attached 26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD (STATE 28 ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH FARMS COMPANY PLAT 29 NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT 30 PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS 31 THE EAST 15.0 FEET THEROF, and 32 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH FARMS CO. 33 PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 34 BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED 35 IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH 36 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF 37 INTERSECTION OF THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT 1 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone - Ordinance.Docx Page 456 of 527 38 OF WAY LINE FOR STATE ROAD 804, AS SAID SOUTH RIGHT OF WAY LINE IS 39 SHOWN IN ROAD PLAT BOOK 2, PAGE 219 OF THE PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., ALONG SAID RIGHT OF 41 WAY LINE, 15.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 42 S.88028'40"W., ALONG SAID SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE 43 S.0000'00"E., 264.00 FEET; THENCE N.90000'00"E., 185.00 FEET TO A LINE 15 FEET 44 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; THENCE 45 N.0000'00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO THE SAID POINT 46 OF BEGINNING, CONTAINING 49,295 SQUARE FEET OR 1.1317 ACRES MORE OR 47 LESS Irl 49 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 50 accordingly. 51 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 52 Section 5. Should any section or provision of this Ordinance or any portion thereof be 53 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 54 remainder of this Ordinance. 55 Section 6. This ordinance shall become effective immediately upon passage. 56 FIRST READING this 2nd day of March, 2021. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 SECOND, FINAL READING and PASSAGE this day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus ATTEST: Tammy Sanzione Deputy City Clerk (Corporate Seal) 2 S:ACA\Ordinances\Planning\Rezoning\Knuth Road - Rezone- Ordinance.Docx VOTE YES NO Page 457 of 527 LOCATION MAP EXHIBIT A J 75 150 300 450 Feet Page 458 of 527 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 16, 2021 PROJECT: Knuth Road LUAR 21-003 REQUEST: Approve Knuth Road Future Land Use Map Amendment from Local Retail Commercial (LRC) to Mixed Use Low (MXL), and Rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. PROJECT DESCRIPTION Property Owner: Knuth Rd Trust & Knuth Gas & Oil Inc. Applicant: City -initiated Location: Southwest corner of Knuth Road and West Boynton Beach Boulevard Existing Land Use/ Zoning: Local Retail Commercial (LRC) / PCD, Planned Commercial Development Proposed Land Use/ Zoning: Mixed -Use Low (MXL) / SMU, Suburban Mixed -Use Proposed Use: No use proposed at this time Acreage: 12.52 acres Page 459 of 527 Page 2 Knuth Road LUAR 21-003 Adjacent Uses: North: On the northwest, right-of-way of West Boynton Beach Boulevard, then developed commercial properties in unincorporated Palm Beach County, classified Commercial High with an underlying HR - 8 and zoned CN Neighborhood Commercial and CS, Commercial Specialized; on the northeast, developed commercial property (gasoline station), classified Local Retail Commercial and zoned PCD, Planned Commercial Development; further north, right-of- way for West Boynton Beach Boulevard and then developed commercial property in the City, classified Local Retail Commercial and zoned C-3, Community Commercial; South: Developed residential community of Quail Ridge Country Club in Palm Beach County, classified Low Residential and zoned AR, Agricultural Residential; East: Right-of-way of Knuth Road; farther northeast, developed commercial retail property (Aldi Grocery), classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; further south, developed office property, classified Office Commercial (OC) and zoned C-1, Office Professional and then developed residential community of Stonehaven, classified Low Density Residential (LDR) and zoned PUD, Planned Unit Development; and West: Developed residential community of Quail Ridge Country Club in Palm Beach County, clasified Low Residential and zoned AR, Agricultural Residential. BACKGROUND The 12.52 acre parcel is one of the few remaining large vacant parcels in the City. It was annexed to the City on December 18, 1990 and concurrently approved for the City's Future Land Use classification of Local Retail Commercial (LRC) and City's zoning designation of PCD, Planned Commercial Development (Ordinances 090-61, 091-69 and 090-70). The approvals covered 13.65 acres, including 1.13 -acre outparcel on the southwest corner of West Boynton Beach Boulevard and Knuth Road. The masterplan was approved for 120,000 square feet of commercial space, including 35,000 square feet for a major department store. On May 21, 1996 the city approved a site plan for a convenience store and a gasoline station on the above mentioned outparcel. The remaining part of the property—the subject of the city -initiated Future Land Use Map (FLUM) Amendment and rezoning— is currently vested consistent with the approved master plan. 2 Page 460 of 527 Page 3 Knuth Road LUAR 21-003 PROCESS Since the size of the property under consideration exceeds ten acres, the proposed Future Land Use Map amendment is subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. If the City Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively planned for April 2021. 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 2.13 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. There are two major factors contributing to the need for the proposed amendment: • The probability of construction of a large commercial development on the subject property per the approved 1990 master plan is extremely low. The market support for such development has been steadily decreasing, replaced by mixed use projects with residential components. The trend accelerated within the last few years. The PCD zoning district does not allow residential uses; arguably, at this point the district can be considered obsolete. Future redevelopment of several existing PCDs and areas with C-3 Community Commercial Zoning west of 1-95 are likely to use Mixed Use Low (MXL) future land use and SMU, Suburban Mixed Use zoning. • Over the years, the property attracted attention of numerous investors, but the existence of the gasoline station on the outparcel has consistently thwarted attempts to develop the property. The use is nonconforming because of its location— gasoline stations are only allowed on properties located at three-way or four-way intersections involving arterial and collector roads as designated by the Comprehensive Plan, and Knuth road does not have a collector designation. Moreover, gasoline stations are not allowed in SMU zoning districts. To facilitate development of the property by addressing the above issues, the city is initiating FLUM amendment and rezoning for the vacant 12.52 acre lot, reclassifying it from Local Retail Commercial (LRC) to Mixed -Use Low (MXL), and rezoning from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. 3 Page 461 of 527 Page 4 Knuth Road LUAR 21-003 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. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian -friendly streets, and provide transportation choices. Policy 1. 8.2 The City shall discourage urban sprawl by; A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non -strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. In 2018, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but the preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL), with a corresponding SMU zoning. The subject requests do not include master plan/site plan. If approved, the amendments should renew the market's interest in the property and support a mix -use master plan consistent with the City's vision for the property. Any future master plan for the site will require City Commission review and approval after public hearings are conducted. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 462 of 527 Page 5 Knuth Road LUAR 21-003 See response to criterion "a." Moreover, the land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of office and retail as well as single- family residential uses. The proposed FLU category and zoning district will allow for both residential and commercial uses but, given the market trends, staff is anticipating a future master plan to consist mostly of multifamily dwellings, with some street -fronting commercial uses as required by the Land Development Regulations. Any possible negative impacts of incompatibility between the potential height and bulk of multifamily buildings and adjacent single-family homes, particularly those in Quail Ridge Country Club to the west and south of the subject parcel, will be specifically mitigated through the master plan's design features. The parcel does not directly abut any residential structures within Quail Ridge, only the golf course itself. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and zoning designations support a sustainable integration of a mix of uses. As noted earlier in this report, the master plan is not included in the subject request but when submitted, it will be reviewed for sustainability per the City's Sustainable Development Standards ordinance. The 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. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site, but, depending on the master plan, the mains and /or force main piping may require upsizing. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of master plan application. 5 Page 463 of 527 Page 6 Knuth Road LUAR 21-003 Schools. The School Capacity Availability Determination application will be submitted to the School District of Palm Beach County at the time of master plan application. 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 responses to criteria "a", "b" and "c". The property will be difficult to develop under the current commercial -only PCD zoning. As noted before in this report, staff initiated work on a comprehensive redevelopment plan for the Congress Avenue Corridor. The plan has yet to be completed, but staff's preliminary future land use recommendation for development and redevelopment of areas along or nearby Congress Avenue is the Mixed Use Low (MXL) with a SMU zoning, same as FLU and zoning designations requested for the subject property. Note also that the potential traffic impact of a project supported by the proposed amendment would be considerably lower than than the impact generated by a large commercial development. Finally, the future master plan will require features designed to mitigate any potential negative impacts of the project's height and scale on the adjacent low-rise residential properties. The proposed amendments are related to the needs of the neighborhood and the City as a whole. A future mixed-use project will meet a stringent design standards, generate demand for commercial uses located along Congress Avenue corridor, and encourage further modernization of older developments. 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) 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; Cel Page 464 of 527 Page 7 Knuth Road LUAR 21-003 (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multifamily dwellings appear to continue unabated. A required commercial component will also create jobs. h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions. (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See criterion "a." The request reduces the amount of land available for commercial -only development since it would reclassify most of the subject site currently under the Local Retail Commercial (LRC) FLU category into the Mixed -Use Low (MXL) category. Even though the future project will likely be predominantly multifamily residential, it will require a commercial component. Moreover, apartment residents will create demand for commercial uses throughout the Congress Avenue Corridor area. Ultimately, an increase of City tax revenue will be considerable. 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 not comparable sites (this is a site looking for a development option, rather than a use looking for a site). See criterion "a." 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 future master plan/site plan shall comply with the requirements of the SMU zoning district. 7 Page 465 of 527 Page 8 Knuth Road LUAR 21-003 RECOMMENDATION This is a City -initiated FLU amendment and rezoning, therefore staff recommends that the request be approved. S:\Planning\SHARED\WP\PROJECTS\Knuth Road\Knuth Rd LUAR 21-003\Knuth Road LUAR 21-003 Staff Report.doc Page 466 of 527 LOCATION MAP EXHIBIT A J 75 150 300 450 Feet Page 467 of 527 EXHIBIT B KNUTH ROAD: CURRENT FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 468 of 527 EXHIBIT B1 KNUTH ROAD: PROPOSED FLU IJ,1411 = oc 0 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre OFFICE COMMERCIAL (OC) LOCAL RETAIL COMMERCIAL (LRC) MIXED USE LOW (MXL); 20 D.U./Acre 0 115 230 460 690 Feet Page 469 of 527 EXHIBIT C J 95 190 380 570 Feet Page 470 of 527 EXHIBIT Cl KNUTH ROAD: PROPOSED ZONING J 95 190 380 570 Feet Page 471 of 527 E:lu" Public Hearing 3/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-009 - First Reading - Approve amendment to the Future Land Use Map (LUAR 21-001) for Ocean Palm Plaza (formerly known as Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from Special High Density Residential (SHDR) to Local Retail Commercial (LRC). City - initiated. Proposed Ordinance No. 21-010 - First Reading - Approve Rezoning (LUAR 21-001) Ocean Palm Plaza (fka Yachtsman's Plaza) located at 1550 & 1600 N. Federal Highway from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City -initiated. Explanation of Request: The Ocean Palm Plaza, a strip shopping center, consists of two (2) parcels, separated by the right-of-way of Northeast 15th Place. The commercial structures, built in 1982 and 1983, total 32,022 square feet. In March of 2006, the parcels were reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), and rezoned from C-3, Community Commercial to IPUD, Infill Planned Unit Development. The concurrent approvals included a site plan for 61 townhomes under the name of Yachtsman's Cove, and an abandonment of a portion of Northeast 15th Place, to be integrated into the project. The timing of the approvals coincided with the collapse of the housing market and ensuing economic decline around 2008. The project was never built, but the properties remained under the 2006 FLU and zoning designations, with their existing commercial use non -conforming under the I PUD zoning. The subject requests processed by staff fall into a category usually referred to as "house cleaning." It constitutes a reversal of amendments approved in 2006: the two (2) properties would revert to their former designations of Local Retail Commercial future land use and C-3 Community Commercial zoning. While minor improvements to the properties were implemented recently, it appears that there is no interest in redevelopment of the Plaza consistent with its current FLU classification and zoning. Note that the CRA Community Redevelopment Plan's future land use recommendation for both properties is Mixed Use Low (MXL) and a companion zoning of MU -1, which would allow a mix of residential and commercial uses as well as a residential use only. Staff anticipates that any future redevelopment of the Plaza would follow the CRA Plan recommendation; however, until such time that it does, staff recommends returning the properties to their original commercial designations to address the non -conforming status of the existing commercial uses. This action would also remove the limits on the annual value of improvements allowed to a non -conforming property, to allow proper maintenance or upgrading the property to maximize its use under the corresponding zoning district. The Planning & Development Board recommended approval of these applications at the February 23, 2021 meeting. How will this affect city programs or services? No change in City programs or services Page 472 of 527 Fiscal Impact: No impact Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D OrdiinainCE) D Staff IRE)port D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordiinal['IC2, appirtnkng r'E)Z01['1i1['1g OC'2,ain Flalirn IRIaza Ordiinal['IC2, appirtnkng Ila ind LASE, dE)Siginaboin for OC2,ain Ii lairn IRla za Staff IRE)port Exhibitk I ocaboin li ap Exhibit IB , E)dsbing 1::::: 1 U Exhibit IB 1 ,IFF rolPOSE,d 1::::: 1 U Exhibit C , Exisbing Exh �i bi t C 1 F1 rolPOSE,d Zoin �i ing Page 473 of 527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS OCEAN PALM PLAZA FROM IPUD INFILL PLANNED UNIT DEVELOPMENT TO C-3 COMMUNITY COMMERCIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City has made application to rezone land, said land being more particularly described hereinafter, from IPUD Infill Planned Unit Development to C-3 Community Commercial; and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The land herein described be and the same is hereby rezoned from IPUD, Infill Planned Unit Development to C-3, Community Commercial. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 1 S:ACA\Ordinances\Planning\Rezoning\Ocean Palm Plaza (Yachtsman) - Rezone - Ordinance.Docx Page 474 of 527 30 1600 N. Federal Hwy. 31 Parcel No. 1: 32 Lot 19, Yachtman's Cove, according to the plat thereof as recorded in Plat Book 31, Page 33 225, Public Records of Palm Beach County, Florida. 34 1550 N. Federal Hwy. 35 Parcel No. 2: 36 Section 1, Coquina Cove, according to the plat thereof as recorded in Plat Book 24, Page 37 14, Public Records of Palm Beach County, Florida, Less the right of way for U.S. Highway 38 91 (State Road 5), as recorded in O.R. Book 606, Page 198, more particularly described as 39 follows: 40 That part of Section 1, Coquina Cove, according to the plat thereof as recorded in Plat 41 Book 24, Page 14, Public Records of Palm Beach County, Florida, being in Section 22, 42 Township 45 South, Range 43 East, being more particularly described as follows: 43 Beginning at a point on the North line of and 266.49 feet N 89025'00"W of the NE corner 44 of said Section 1, said point being a point on a curve concave to the East, and having a 45 tangent bearing of S 07°50'23" W through said point, run Southerly along said curve, 46 having a central angle of 04°48'00" and a radius of 7589.49 feet, a distance of 265.66 feet 47 through an angle of 02°00'20" to a point of compound curve; thence Southeasterly on a 48 curve, having a central angle of 95°20'03" and a radius of 12 feet, a distance of 19.97 feet 49 to the end of said curve and a point on the South line of said Section 1; thence N 89°30'00" 50 W along said South line a distance of 11.65 feet to the beginning of a curve to the right; 51 thence Northwesterly on said curve, having a central angle of 94°24'31" and a radius of 52 25 feet, a distance of 41.19 feet to a point of compound curve; thence Northeasterly on said 53 curve, having a central angle of 05°37'00" and a radius of 5679.65 feet, a distance of 54 250.06 feet through an angle of 02°31'21" to the NW corner of said Section 1; thence S 55 89°25'00" E along the North line of said Section 1, a distance of 29.24 feet to the POINT 56 OF BEGINNING. 57 58 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 59 accordingly. 60 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 61 Section 5. Should any section or provision of this Ordinance or any portion thereof be 62 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 63 remainder of this Ordinance. 2 S:ACA\Ordinances\Planning\Rezoning\Ocean Palm Plaza (Yachtsman) - Rezone - Ordinance.Docx Page 475 of 527 M 65 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this 2nd day of March, 2021. SECOND, FINAL READING and PASSAGE this day of '12021. 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: Tammy Stanzione Deputy City Clerk (Corporate Seal) 3 S:ACA\Ordinances\Planning\Rezoning\Ocean Palm Plaza (Yachtsman) - Rezone - Ordinance.Docx Page 476 of 527 EXHIBIT A OCEAN PALM PLAZA LOCATION MAP 0 45 90 180 270 Feet Page 477 of 527 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS OCEAN PALM PLAZA AND DESCRIBED HEREIN, CHANGING THE LAND USE DESIGNATION FROM SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) TO LOCAL RETAIL COMMERCIAL (LRC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the Future Land Use of the following described land: S:ACA\ordmances\Plammng\Land UseAOcean Palm Plaza (Yachtsman) LUA - Ordmance.Docx Page 478 of 527 31 1600 N. Federal Hwy. 32 Parcel No. 1: 33 Lot 19, Yachtman's Cove, according to the plat thereof as recorded in Plat Book 31, Page 34 225, Public Records of Palm Beach County, Florida. 35 1550 N. Federal Hwy. 36 Parcel No. 2: 37 Section 1, Coquina Cove, according to the plat thereof as recorded in Plat Book 24, Page 14, 38 Public Records of Palm Beach County, Florida, Less the right of way for U.S. Highway 91 39 (State Road 5), as recorded in O.R. Book 606, Page 198, more particularly described as 40 follows: 41 That part of Section 1, Coquina Cove, according to the plat thereof as recorded in Plat Book 42 24, Page 14, Public Records of Palm Beach County, Florida, being in Section 22, Township 43 45 South, Range 43 East, being more particularly described as follows: 44 Beginning at a point on the North line of and 266.49 feet N 89°25'00"W of the NE corner 45 of said Section 1, said point being a point on a curve concave to the East, and having a 46 tangent bearing of S 07°50'23" W through said point, run Southerly along said curve, having 47 a central angle of 04°48'00" and a radius of 7589.49 feet, a distance of 265.66 feet through 48 an angle of 02'00'20" to a point of compound curve; thence Southeasterly on a curve, having 49 a central angle of 95°20'03" and a radius of 12 feet, a distance of 19.97 feet to the end of 50 said curve and a point on the South line of said Section 1; thence N 89°30'00" W along said 51 South line a distance of 11.65 feet to the beginning of a curve to the right; thence 52 Northwesterly on said curve, having a central angle of 94°24'31" and a radius of 25 feet, a 53 distance of 41.19 feet to a point of compound curve; thence Northeasterly on said curve, 54 having a central angle of 05°37'00" and a radius of 5679.65 feet, a distance of 250.06 feet 55 through an angle of 02°31'21" to the NW corner of said Section 1; thence S 89°25'00" E 56 along the North line of said Section 1, a distance of 29.24 feet to the POINT OF 57 BEGINNING. ON. 59 is amended from Special High Density Residential (SHDR) to Local Retail Commercial 60 (LRC). 61 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 62 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 63 Land Development Regulation Act. No parry shall be vested of any right by virtue of the 64 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 65 including appeals, are exhausted. In the event that the effective date is established by state law 66 or special act, the provisions of state act shall control. S:ACA\Ordmances\Plammng\Land UseAOcean Palm Plaza (Yachtsman) LUA - Ordmance.Docx Page 479 of 527 67 .: 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 FIRST READING this 2nd day of March, 2021. SECOND, FINAL READING and PASSAGE this day of , 2021. 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: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\ordmances\Plammng\Land UseAOcean Palm Plaza (Yachtsman) LUA - Ordmance.Docx Page 480 of 527 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-005 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 16, 2021 PROJECT: Ocean Palm Plaza (aka Yachtsman's Plaza) LUAR 21-001 REQUEST: Approve Ocean Palm Plaza (aka Yachtman's Plaza) Future Land Use Map Amendment from Special High Density Residential (SHDR) to Local Retail Commercial (LRC), and Rezoning from IPUD, Infill Planned Unit Development to C-3, Community Commercial. City -initiated. PROJECT DESCRIPTION Property Owner: Yachtsman's Properties LLC Applicant: City -initiated Location: 1550 and 1600 North Federal Highway (southern parcel between Ocean Inlet Drive and Northeast 15th Place; northern parcel north of NE 15th Place; see Exhibit A) Existing Land Use/ Zoning: Special High Density Residential (SHDR)/Infill Planned Unit Development (IPUD) Proposed Land Use/Zoning: Local Retail Commercial (LRC)/C-3 Community Commercial Proposed Use: No change in use proposed (developed commercial plaza) Acreage: 3.17 acres (two parcels) Adjacent Uses: Page 481 of 527 Page 2 Ocean Palm Plaza LUAR 21-001 North: Developed residential community (Seaview Park Club), classified Special High Density Residential (SHDR) and zoned IPUD, Infill Planned Unit Development; South: Right-of-way of Ocean Inlet Drive, farther south developed residential community (Murano Bay), classified Special High Density Residential and Zoned IPUD, Infill Planned Unit Development; East: Developed Single-family residential lots, classified Low Density Residential (LDR) and zoned R -1 -AA; and West: Right-of-way of Federal Highway, and farther west, right-of-way for the Florida East Coast (FEC) railroad. BACKGROUND The Ocean Palm Plaza—a strip shopping center—consists of two (2) parcels, separated by the right-of-way of Northeast 15th Place. The commercial structures, built in 1982 and 1983, total 32,022 square feet. In March of 2006, the parcels were reclassified from Local Retail Commercial (LRC) to Special High Density Residential (SHDR), and rezoned from C-3, Community Commercial to IPUD, Infill Planned Unit Development. The concurrent approvals included a site plan for 61 townhomes under the name of Yachtsman's Cove, and an abandonment of a portion of Northeast 15th Place, to be integrated into the project. The timing of the approvals turned out to coincide with the collapse of the housing market and ensuing economic decline known as a Great Recession. The project was never built, but the properties remained under the 2006 FLU and zoning designations, with their existing commercial use non -conforming under the IPUD zoning. EXPLANATION The proposed action falls into a category usually referred to by staff as "house cleaning." It constitutes a reversal of amendments approved in 2006: the two (2) properties would revert to their former designations of Local Retail Commercial future land use and C-3 Community Commercial zoning. While minor improvements to the properties were implemented recently, it appears that there is no interest in redevelopment of the Plaza consistent with its current FLU classification and zoning. Note that the CRA Community Redevelopment Plan's future land use recommendation for both properties is Mixed Use Low (MXL) and a companion zoning of MU -1, which would allow a mix of residential and commercial uses as well as a residential use only. Staff anticipates the future redevelopment of the Plaza to follow the CRA Plan recommendation but, until such time that it does, recommends returning 2 Page 482 of 527 Page 3 Ocean Palm Plaza LUAR 21-001 the properties to their original commercial designations to address the non -conforming status of the existing commercial uses. This action would also remove the limits on the value of the improvements that can be made to a non -conforming property on an annual basis. RECOMMENDATION Staff recommends that the subject requests be approved. Page 483 of 527 EXHIBIT A OCEAN PALM PLAZA LOCATION MAP 0 45 90 180 270 Feet Page 484 of 527 Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre ........... MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./ Acre LOCAL RETAIL COMMERCIAL (LRC) MAI EXHIBIT B 1lLJ '1L7 0 45 90 180 270 Feet Page 485 of 527 1,911411 =1 Tel• Legend LOW DENSITY RESIDENTIAL (LDR); 7.5 D.U./Acre ........... MEDIUM DENSITY RESIDENTIAL (MEDR); 11 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR); 20 D.U./ Acre LOCAL RETAIL COMMERCIAL (LRC) EXHIBIT B1 'l 0 45 90 180 270 Feet Page 486 of 527 EXHIBIT C OCEAN PALM PLAZA: CURRENT ZONING 0 45 90 180 270 Feet Page 487 of 527 EXHIBIT Cl OCEAN PALM PLAZA: PROPOSED ZONING 0 45 90 180 270 Feet Page 488 of 527 12.A. Legal 3/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-004 - First Reading - On December 1, 2020 City staff received correspondence from the South Florida Water Management District ("the District") requesting that the City implement a Year -Round Irrigation Ordinance. (Tabled on February 16, 2021, staff has requested the District to present to the City Commission and is therefore requesting this item be tabled again until March 16, 2021) Explanation of Request: The District is encouraging municipalities to implement a Mandatory Year -Round Landscape Irrigation Conservation Measures Rule in accordance with Chapter 40E-24, Florida Administrative Code (FAC). The District informed staff that applications for funding under the District's Cooperative Funding Program for FY -2022 will be evaluated based on several factors including the adoption of an ordinance which fully comports with Chapter 40E-24 F.A.C. This consideration may be extended to other cooperative funding programs in the future as well. Staff has prepared a draft of the code that conforms to the District's request for review and discussion with the Commission. Highlights of the code are as follows: The code does not apply to athletic play areas (including golf courses) or agricultural operations (including nurseries), and irrigation accomplished using reclaimed water or saltwater. Landscape irrigation is prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., with exceptions for new landscaping or reuse irrigation. The code requires 2 days per week for even addresses and 2 other days per week for odd addresses. In conjunction with this ordinance, the Utility would also like to enhance the regulations for the utilization of reclaimed water to further protect potable water sources. The draft ordinance includes connection requirements where reclaimed water is available adjacent to a property that utilizes an average daily water use of potable water, surface water or ground water (or a combination) of over 5,000 gallons per day which require connection and utilization of reclaimed water to the fullest extent possible as supply allows. Declaration of a water shortage condition and/or water shortage emergency within all or parts of the CITY Water Service Area by the District's Governing Board or Executive Director shall supersede this Code for the duration of the applicable declaration, in accordance with City Ordinance No.85-36 establishing Chapter 26, Article I I I — Water Shortage Plan. A water shortage usually occurs due to drought. Enforcement: Every law enforcement official having jurisdiction in the area governed by this Code shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Code by issuance of a citation, summons, or notice to appear in county court, or by filing an action in civil court for injunctive relief. The City of Boynton Beach administrator/ manager may also delegate enforcement responsibility for this Code to other departments of the city government, or cities in the service areas governed by this Code, in accordance with state and local law. Page 489 of 527 How will this affect city programs or services? May require additional city staff time and county assistance to educate and enforce the ordinance within the water service area. Fiscal Impact: None Alternatives: Not adopt ordinance. Strategic Plan: Strategic Plan Application: Climate Action Application: This ordinance supports a sustainable water source to support a growing population. Is this a grant? Grant Amount: Attachments: Type OrdlilrDaIr CE) ttaclhtlrT1Es1r1t Description OrdlilrDa l['IC2, a ppirtnkng Yea ir' IlROL ind Il lr'Ir'iiga bola Draft ordlilrDa ll'I E) Ila llIgUia gE) Page 490 of 527 I ORDINANCE NO. 21 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 4 AMENDING CHAPTER 26. WATER, SEWERS AND CITY UTILITIES, 5 CREATING ARTICLE X, ENTITLED "YEAR-ROUND LANDSCAPE 6 IRRIGATION CONSERVATION MEASURES, VARIANCES; 7 ENFORCEMENT; PENALTIES"; PROVIDING FOR INTENT AND 8 PURPOSE, DEFINITIONS, APPLICATION, YEAR-ROUND 9 PERMANENT LANDSCAPE IRRIGATION MEASURES, ADDITIONAL 10 MEASURES, VARIANCE RELIEF, ENFORCEMENT AND 11 PENALTIES; PROVIDING FOR CONFLICTS, SEVERABILITY, 12 CODIFICATION AND AN EFFECTIVE DATE. 13 14 WHEREAS, South Florida Water Management District (District) is encouraging 15 municipalities to implement a Mandatory Year -Round Landscape Irrigation Conservation 16 Measures Rule in accordance with Chapter 40E-24, Florida Administrative Code (FAC); and 17 WHEREAS, the District informed staff that applications for funding under the 18 District's Cooperative Funding Program for FY -2022 will be evaluated based on several factors 19 including the adoption of an ordinance which fully comports with Chapter 40E-24 F.A.C. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. Each Whereas clause set forth above is true and correct and incorporated 23 herein by this reference. 24 Section 2. That Chapter 26, Article X, entitled "YEAR-ROUND LANDSCAPE 25 IRRIGATION CONSERVATION MEASURES; VARIANCES; ENFORCEMENT; 26 PENALTIES" is hereby created by adding the words and figures in underlined type, and by 27 deleting the words and figures in struck -through type, as follows: 28 ART11LE X. Year round landsca mrrmg,ition conservation measures v��,�m�iiic ,s„;„ 29 enforcement „ l , m;m,plll,lies. 30 31 Sec. 26 700.:11.ntent and p;p,!.Lp�;�r,s, 32 33 It its the intent anal pu�r ore of tl�ii .orae to iiia �ei�eiint roeerau�re to roteet tl�e water 34 re 0L!ree of CI7Y Y.N T B f�.,4C 1....Q..R /. . ainrato roi ote water 35 eosin s ervatiioiin t rou.I l� tl�e effiieiieiint us e of �aiinra ea e iirrii atiioiin aiinra eosin ii teiine wirpl� tl�e 36 5...:!.........A..r:.......W a t .r:.... ..pi a e enl i Iriol” i Irmanda earid �andsco 37 iirriic�atiioin conservation mea Ure u. rider Ch , ter 4S�IG:.-24, Roriida Administrative Code , 38 �,,,,,,I ,� ,�.,� ,� j.bj .orae wiiH increase water Use effiieiien.g � revent aims WrtaH wa tefLfl ................................................)......................................................................................................................................................................................................................................................... ............................................................................................. 39 iirrii atiioii raetiiee l� roviira111i mainraator �aiinra ea e iirrii atiioiin conservation .................. 40 mea Ur " aims rol�ii irp tlI o -tion of iirrii atioin teirn iiin a rrmaininer eausiiin water ..................................................................................................................................................................................................... 41 to be wa ted S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx - I - Page 491 of 527 42 43 Sec. 26 701. 11I)efiiiiniiifiiion 44 45 ,or....;t,��, .......g.!�. , , ...., ;f...;t, �N o o. ���e foNNo Nisi terms. hira e . words and their 'eir[ye-Ave .........................................................A............................................................ 46 shall have tho i�oaii�Nii� listed Wow When not inconsistent with the ooii1to �. or .......................................................................................................................................................................9....................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 47 USe.d in the ro oii�� !oiii e also Nii�&ide the W.Wre. and word's Used in the Nii�gg ar also .............................................................................................................................................................................................................................................................................................................................................................. ............................... 48 N„iii �..u��... 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C �reir��ea iiiririi a�iioii� aii� fNoo iiiririi a�iioIl 03 acre ii�ot i2DCNa�c�ed ........................................................................................................................... 04 05 �2 "�lN�oro-�rr� anion means thea N�oa��or� of r aNN ar�����e of �ra�er` on or` below ...............................................................................................................g....................................................................................................................................................................................................................................................................g.......................................................................................................................................................................................................................... 06 t,��, ....,�ai�.,H....., .,Urf , ...., , ...., !rr�..p, ....., ..!r.....;!ii„ii�... �ireai� of ira ���iroa� �� ei�ir��eir oir a Niioa�oir 07� .. . . ........... ..�, ..li ..� a ager elii�er liiii�e.� l iioro-iirrii a�iioii� kide a iilu, tuber of 08 metho d. or co.n.ce t Uch a bUlbbler. drip �riiol�le. i ii a or i iioro.- ra aii�c� ...................................................................................................................................................................................................................................A.............................................................................. 09 SL..BSL..„irf ......ii„iririi..g anion. 10 11 1 �3 "Neer N......ar�oa ing” rears ars ' lar�oa lr� hiioh has heeii� laii���et� ac� ....................................................................................................................................................................... g............................................................................................... X................................................................................... g....................................................................................................................................................................................................................................... 12 , .;Lab!.!§,,b.ed.....;E.g. r....o. ii„ii. et.� 195�� a� oir Ne . 13 14 1 the number -1. 3 5 .� or ..... 16 17 5. ...................... ..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................y .. Reclaimed Water`"" means wastewater- �that has receive at leant eoondar.' 18 treats e.rit. and basic disinfection and its reU e ' after flowiiii� ou�� of a gra �e�ra�er .......................................................................a............................................................................................................................................................................................................................................................................................................................................................... 19 �ireati ei].-! [a. cJl t a defined h FRL le %2--40.210. F.A. Q. 20 21 ( er"" rears ars eror� lr�llal� flrr� aoola�lor�� or ar�la�lor�� 22 or other 23 le ed States of America and the ............. 24 tatei�.......,, ,..i��r igmia, district fi ia� o,....,..ii..,.,....,.i,, ., i,„i,rii,..ai 25 takes water from the water 26 re S 0L!roe. i.22C.lL.i.diUnder water 27 u. e .i.Ue..............................................7­2...............E. aor ases from indiviUaN ..............................................................a..4............................................................................................................................................................................ 28 ,�.,�,.....,..!r......p,!....,:. 29 30 ( Z. without art ' 31 excessive landsca e iirrii anion. S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx -3 - Page 493 of 527 32IiatteIide ' hose oIi a driveair with water to iiii i, aHo iii�ir to 33 b.9.......il.. t ie etre iiiiu iro n iiii�effiioiieiily iMaiuiueir. ire .1 ..x.9.. :...:.......:t .r......9:... .9.:..ir....� .e° ....................... 34 for......... i ..i..�...: ..�.�.. ii..IIS.9...........� ii ..i............ii„iririi.. ��iioii1 Moir to a�ii�ii�000 Biro fc 01iTto 35 ater flow 36 thr ..n �� hirol�eiiu oir i a�fu,�ii�o�iioii�iiii� weir r�e�ii�reir oir �aiiu oa e 11'rii atloil 37!..:.. 38 39 (.... "WWa�er Pe ou roe"" i eat a ai a aiiu �� weir oIi or heIieath the SUrface of the 40 ir e . fake . oIid . or diffUsed 41 SUrface weir. aIid water eiroo�gtlll-g. �aii�r�iiii� oir fno hitt heIieath tihe U rfaoe ................................................................................................................................................................................. ................ 42 9:f....:t.�'�......:: 43 44 Water Shor�a e"" r ears when the Distr ct eteirir kie theire is the o iihii�ir� ...................................................................................................................................................9................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 45 khat iiii� u.I.[!JcJeo. t w..at.eir ii] he ayaHaNe to meet the ire eiiu� aiiu aii��iioii ale iiuee .................................................................................................................................................................................................................................................................................................................................................... 46 of the L.I. eir . oir heiiu ooii�r: itJol acre u,.loh 5.S. to ire u,�iiire a tet oirair� ire 'u gtloii Iii ...........................................................................r�................................ 47 total ogee i hiin a 5 ftiiou,flair area to iro�eo� weir ire OUroe firom eiriiOU harm. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 48 A watershorta.ge usuaHy occurs due to drou M. 49 50 hen the District determines the 51 AC.. are IlOt SUfficigit to iro�teo�t 52 , ,9...... , ., ,..!, ....., , 9,�.;t,�.�.�...A...., ,9.;f9„t . or effara-, the heath of aIiiima� . fish. or 53 p, ., ,..I!, .... .;, ..!r...., ., ....i..�.. ° oir ooi i eiroiia�. iiii� u,� �iriia�. a iriiou,���u,�ira�. ireoireaHoIiaL or other 54 irea o iah�e-hei]e[cJau,.l s e s. 55 56 57 Sec. 26.....702. ,I „ I,i, ,�1l in ......................................................................................................„,,,,;;, 58 59 .,, �, .......1r ii,iii, ii ., ...., .;f...;t,hii, ..., ., ...., .,��, ,�.,�....,� rp... ,�.. �o eao�� u,� eir iro�rii iiii� �aii� oa e iiiririi a�iioii� firom 60 aH ateir ire OUroe irthki the bQLMdaries of the CITY OF BOYNTON BEACH WATER ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 61 I ....ARE ..:....._T..��....... irr�vii IQr .]......:f....:thii ...... rrton Beach Cocke of Ordinancesaha fer 62 1.25 . rfiolo X title "Year 1:32�12 d Land oa e b afior C o n s..erzaf.o ea s �lre ha[I 63 11�?.,9.;t......,ap... ,�.. �o a�h�e�iio �a airea oir a iriiou,���u,�ira� o eira�ii0II iiii�uo�u,i 'iii iilUr eiriie . aIid 64 1firrJ!.9.9.:ti!,,oJ]......9.999.i [ hed u,� iii ireo�alirne ' ateir or aUeTteir. 65 66 L.ffiifiizatiioIi of Ifs eo�aiimed Water Where ireo�aiimed water its avaHaNea 'iaoeiTt to a ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 67 9,ir .9,9..ir that Utifizes aIi aveira ie dail water Use of otaNe wat water or 68 to ooii ieot aIid 69 Utiifiize ireo�aiimed water to the fLIHe t e teIit o iiNe a LI �� alb . ........................................................................................................................................................................................................................................................................................................................... r.................................................................................................. . �..... 70 71 G:1eo[airatiioo. of a w ateir S hoerto e ooii�r�ir�iioii� aii� /oir weir hoir�a e ei eir eii�o ir�hiiii� a�� 72 o r.......9...........9 ......thg Qj .'ly.......::.. the f � �r�o�” 3o err��r� g3oar orf ecu �� e Director shaH 73 S U eir e e �bj Code for the r:�UratiioIl of the a �iioaNe r: �eo�airatiioii. iiia a000irdaiioe with ...................................................................................................................................................................................................................................................................................................................................rP......................................................................................................................................... ............................... 74 in Q.! r�Ji iaii�oe I.No. 5-�36 e t.ab�J.§butt] aha heir 2%. ir�iio�e 111111 WWateir hoirtacge Rani. a�...............................................................................................................................................................................................................................................n r.............................................A............................................................................................................................................................................................ S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx - 4 - Page 494 of 527 75 water hoilaeco USUIE' �� 000u.�rs dUo to drOUM.� 76 77 ��...5.................... ' � !r ti!r�ii�.......... c�_��..�...............i�..�.. �o ��� av oir a� iiii� ���o ��oir iro oa�iroo ir��fln the 78 0o ra ��iioa� aroa u� ooh �o a�or ��or�a o or a�or ��or�a o oirruor ouuo 79 determined b the IG ii triiot. whether from g.�fjo or rii�ra�o� -o uuo a�or aitii�irt .......................................................................................................w.................................................................................................A..............................................................................................................................r........................................................................r..............................................w.................................................................................................................................................... 80 s is tern riivate weHs or riivate connections with SUrface water bodies. bUt shaH not 81 ..i .� qtr �o u,� seru s l iii 9......lr ..�...11.m........w a:t e.lr.......!r..... t. .:t e.lr.:: 82 83 Sec. 26.....703. " eair 111 ound III°leirurinainein-t Il,,,,,.aindsca e Illiririii a-flea u�uire 84 85 71 o�.....n irement or e obion haH to aH Users une otherwise ................... . .. ...o .u. 86..i,,il;.l!,,...,.. 87 88 n the hOUrs of 10::00 a.m. 90 91(..)..............................I.r!rl!. F.flio! .......:f....i.stJi]...9......� 92 93 a.. Even.-If�u,�mbere ' Ad'd'resses and rii �Yt -of- a or ather �ooariioul thout 94 a.IIS...............iro..............iia...................a000i ..........�..ii ��............neoe ar �a.�.d oa o iiiririi a�iiou1 ou1� our .......................................................................................................................Y i�................................................................................................................................................................................................................... 96 97 0 dd-.lNL.�mbered ddr.e e Ma a000rlrm fish necessary handscar o 98 iiiririi,...............our................our.....louu�or�,.........,',....,au�r�/oir 99 00(...................................!r.!r.1!.9..:ii!.......:....iof !........ew �i!.�iiu�c� ��a�� ooi���.....II:..5......:.......:r��ii„i!..Giro�riiiioul 02 :IIdsc�i,�.., ed ithOUt ........................... .. ......:::::,.! .. 03 . Ilrrii anion of the soH 04 iimmdiia�o�.riior to the iinstaHatiion of the newhand oa hi its aHo ed ................................................................................ 05it.hoU.t ro and to the Hated ateirin da and Climes. 06 07 ..::.............................i! „ii„i!�. ':. .�..5 .. ria o �a iii ��i ou�� oiriior� o ..!!i ..... i!�.....:t.��.. '.......Y use �au�r:� oai�..i!!i�..9 08 J s........!o. st a.... d .............. Li., .......!.. ,, ', ......................... ..�,ii„n �iaH bo 1nata.Hed irthlin a irea onaWe, 09 .1!.m, .....;fr..o!r .....;t, , ....., , .;t . ...... :......i., ..lr , , , , ...A...... „i!, , ......! , „ bo 'eirnonatirate ' th a dated' 10!r..11..,....,,!r......i!,!!ii,..::. 11 12.::..........................II!riri Irrigation of newhand oarp.i!!i�..� � ich bias boen In �aoe for th it ' ...�......... 13 or � ma be a000i a iii ��od on Mo da �u�o da W�lor�u�o ria . ....................................................................................................................................................................................................................................................................A....................................................................... .. 15 16 d., Ilrrii �aoe for thiiirt.-ouzo 31 � to 17 ..u� il.]e� 9S3 da cia o a000i iii ��od ouu Il ouuda redne da . ��hUr da . ..................................... 19 S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx -5 - Page 495 of 527 0 0. .1irr..J.. 1 � rid iii ..::...... ii ........ '..iii„ti r ....... iii.......:f..... ii�........i.ririi..n tiion systern shaH on�y be, u�iifio 2 f .!r.......� iii_ ...........il.lr.irii..� � OII ander this Code if the zone iiii� Uestiion its for an 3 ..ir. '.......:.b. a t.....c oiii„ta ii„iii ......:t.......'...:!......:f.I!:f t..........ir „ii .:.......( ..5 / iii o � a iii oc l iii . Il f a 7 o iii o 4 coin.:tail..o........... [ess..........:.tl]ai].........: iifly..........ip...m2.! .:t...........�,. /„ iiia � ndsca In oir irk the iiia 5 �a n ii iii iii ii iii iii iro that vvii � � iii o t iio � � o ii iririi � ..........................................................................................................................................................iii iiiririii.ii�.. 6 teirn. oii the iiii diiviire eh iiWe for a dffiiona� 7 iiiririi voWme hand 8 vv5�oiriiii� oir iii r, iriiate method ' Mich isoWes and water oink the 0 1(.................................1I1.!rl.25.�iir ii ........... :t .!!�..........ir �o 0 oir��o oa�� ii o iro �iriio�o � �ii� /oir times for 2 0]0aiiiiiiii on-site in the area boii 3 tested ..::...........1I.:::::...iii.... ...............iliririi..n bion tern irn irOUtiiiilo� be 0 oirate for UCC 4 u�ir o o ii�o i oiro ��� iii oii�oo oir vvool�. ii�c� the irMl time for anv one t.o s L ........:.................:......................:..................-......................-......-......:..................................�....................�.................................................................� 5 �� u��c� ii�o� o c� � iii �7 i iiii�a��e , .ir gone. 6 7 �( Il..... ii�c� o o iiiririi �iioii� foir ���o u�ir opo of v� �oiriiii� -tin fertiifiizer . iinsectiiciide- 8 , s.!j ii............................ de . fu,.IIl.., iioiic�o ii�c� ��oir iioii o . vv��oiro u�o�� vv �oiriiii� -iiii� its ire antro' b the ....A........ 9 marl L..�[CtLiroir. or b fo oir �. state or foo � haw.. haH be aHowed u,�nder the ..........................................................................................................A................................................................................................................................................. ............................... 0 fono Tina conditions:: 2 ..� 1.1C�".l w. t..erliii -iiii� �� �� o viii ir�o �o oii�o �iio �iioii� iiii� ��io absence of 3....,.....o2ffiio...,aRernatiive iinstra�o� OII from the ir�anUfact lr ..r° and ...................................................................................................................................................................................................................................................................................................................................................................................................%................................. 5 t�..::........................ _�� ��...... tern„ii..9..:ii„iii...... .��...�..�.......'...... r�ir�...j..i _��.'.......'Uriini noirmgfl �toiriin a and 6 dime iii ted above u,.l e a irofo iiongfl �iicensed a fiioatoir ha oto ' a .............................................................................................................................................................................................................. 7 tem ...!r !rY ic�ii� ooii�taiiiiihi the date of y ip..Mica„tiir�ii�..... ii�.....:t.�i.. ie date.( ) of iiioodod 8w..a t.lr.l.i!..Wiiii�o�iivir�y. 9 SOW VOklme irriciation. mucro-iiiriri �UiioiI 1 �0W V u..lme Liaii�d w. tern.] i o���o . it iiii� iriro� . oii �oirii� . oir o���oir iii ii�ar rain.- L) raiin._ 2 L)airvo tiiii ............... ovioo......vvir���oa�� he it �o ���o iii �oc� vv �oiriiii� da or times. (., Ilii ir�iioii� �o ���o ooir�iio iii �oc� i o u�iro �� vv �ofufl and Unnece air w... ter 7 Ilii ���o ovoii�t t��o IG:1ii tiriiot iii o o ire �iriio�iioii� oii� � ii�c� o F.iiori foir ri ew art d ............................................................................................................................................................................................ ..........................................................................................................................................................................................................................................................r.............................................................................................................................................................. ... 8 o ii iin iii those iiia o o ' by hilts 9 r�........n a.lo�) . S u..l der..t e. 'oo]ai..a . ori o a vva torr oirt.. o oir vv coir ��oir� o 0 i „rGrp,. lfoir the afiioabko 1 Uratiion of the more restrictive ireaLflatiion ., 1.2 irmed as to the irriciation conservation meaSUiro within th.ii Code Mich affect each �ir�iioa���ir vv��oir u� o. .................................................................................................................................................................................................................................................................................................................................................. S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx - 6 - Page 496 of 527 6.S e c 2 704dd..11i1lligrmaIII I.M ea s vire 7 iii u� or ��o u�ro��a o aIid kistaH aIi as tOmatiio �aii ' oa o iirrii F.floIi poi ��a�� ...................................................................................................... i...................................................................................................................................................................................................................................................................................................................................... i...................................9....................................................Y 8 !r ne.ir,fl„ iiii� �a��. i aiiii��aiiii�. aii� o ora�o �oo��ii�o�o ���at iiiii�� bit or iiiiiterrLI � o eiratiioIi 9 :f.....:!..... '...... st r .......��irii„ii�..n oiriio of Uffiioiigit MOii tUre hitt a000ir give irffi eotiioIi 373.62. 0 Roriida Stakltai]d Cif o� o rrton Beach ode of Ordinances, Chapter 4, rfio�� 1 eofiorr 4. 2 3 Sec 26 70 5 .V airiiiairmoe Ill eIII iiief 4 6 7 2 ................................... X11?...............!r..........:affected .:.....................:ffi...I!..........Code............! a .. I for a vairlaiioe to ffie CITY OF BOYNTON BEACH maIiaaeir/admkiii tratoir. or ffieiir de ii tee. vairiialice from ..p.. is�.l!...............!r.......days.....iii' i! .:t.II:f.I!. '.......ii„ii ....... .....code..i� „ be, iraiiTte ' if tr[Gt a fiioa�iioiii of ffie restrictigis WOWd dead to Lflirea oIiaWe or Wifaiiir re UR. roMii 'e ' ffie ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ..i.. ,..!, „ii.;...., , ! ,r,i!, ,,ir , , ...., .!I;, .......i, !r,JCU.�ar,ii.;t.. ffiatooi �iiaiiioo irtl-i ffio s&EALfle wiH re Lflt iirl UbstaIitiia� eooiiiomiio. �ieaUl... or other �iard �ij oii� ���o a �iioaii�t. or .......................................................................... i.. ................................... ��, , , ......;ffie...., ...p. ,..ii, ,i! .;....., , ,iry . ............1 , ..�,li, ;f......ma be, iraiiited oiii� a oiii a r: �eirnoiiistratloiii thatUCS l �iard �ij e ii t . is ooa��iiar �o ���o or oii� or ���o affoo�od ro oirf ...................................................................................................................................................................................................................................................................................................................................................... r................. r..................... Iiot eff_iii cod. aii�d farther r:�emoIistrate ffiat iraiiTtlri ffie vairiiaiiioe oar d be, ........^...... ................... .............. ............... ooIi ii teIit wiffi ffieiiieirah iiiiTteiiTt aiid u,�r o e of ffiii Code. .................................lr::::::...i Ut are Iiot fimirted to a. Two (2) or more DrODerties Mi&i sdare a coir moIi SOUrce of water ............................. ........p, ..L.Iji, ....., !r....... !rii, , .;t..e.......w..a.; , ..!r......, .. C., User makitakis aIi iirrii atiioig stem that oases soH MOii tUre sensors or oattieir-bas iiirrJ ...............r.fli.oJ] goritro1.1oir ° oir 6 d.. W b.ero a .c.222 ii u�ou� ro ori iii di�id d iiii��o dir��oroii�� oii�o a vairiialice 7 iia raii�� d o ���a� ao�� oii� cia o iirrii a�od oIi da dirffereIl ffiali ........................ 8 r.;tLier....... ,o ii., , ......, ;f......;ffie........r..irr..�, !r Il o o�roir. ii�o iiii� �o oii�o cia o iiiririi ado ' 9 ir�oro .tLiari.. 0 2 da or ooh u�ii��o a u� ori aiiii��aiiii� aIi iirrii atiioIi ..................................................................................................................... 0s stem that oases soH MOii tUre sensors or eaffier._ba ed irricia iioIl 1 ooIitroHer . 3 ., ....,I.! e1r....,Inaiii]taiiii] .......i .,a!] o ,oro iii a ii�oii�._ro iideiiitiia� )r, )er�1�, u�o�� a a .................................................................................. 4 �I,p,��.,,.....,;f......ir,.,��..11.....,..!r.....,,1�„ iairl�o� fairioir/f�oa . ��oiro ���o iriiiair a of 5 ��, ....., .!r....., .;t,t ,ii ., ', .!i ., '......;fry.!r.....;�,��., ....... !E2.p ir,� ooiiii�oii o ir��� ���o a cro re or�k:.�e� 6 Ater day. 7 S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx - 7 - Page 497 of 527 08(�..)„3..) .............................. ..p...ii .......ir.. .ii ..l of air Hcatiion for variance from the re Uireirnents of this Code 09. . .......... ..1".........ma1.?., .., er/admiinii trator or de li nee haH render a decision on the 10 riia�]ee wirlhiiii� �30 da .� IDeriiia� of variance reHef irnbe � � � eased to the Cif 11 00 i iorr.......wirlhiiii].........1...4 da . of the veer-” reaei �l of the r�ol�ae of der��aN. Ari ....... ........... ..........................X...............................................................................................................................................................................................................................................................................................................................................................................X.. 12 notice of deriiia� or SUbseaUerit aooea� shaH be serit by certified maH., retUrri 13 re c..e ii!...rpt......!rg ale ate,d. 14 15 notice at each 16 , ..ir, ......;t ..., which '....,vari, ,ri.ce....p, ..irtaii„iii, ...., , ....!r ..g,L.Jr , ....., .. Cita ieir4S31f::.:-24.553` I .A.C. 17 18 19 Sec. 26.....706 111::::;infoiroeiinnein't 20 21 Eyeir haw eo foreemei2 fiiieiia� baviiii c� ia�irii diieiiioii� iiii� ii�e sires c�o�eirii�ed � i�i�ii Co ie 22 h H iiii ... eoii�ii eeliio,il will „ a�� r lher....., �it e .. iiir r ..., .. haw. dilii eii�t� eii�foree the 23 tiiOIT SUMMOIIS, or notice to a12��...lr....in il.11�.. 24 CO Il eoa�rt. or b fii[iirI a!i agtiiOrl iirl eiiVH eoa�rt for .........................................V............................................... y.................................9................................................................................................................................................................................................................................... 25 CY TO BEACH admiinii trator/mariacieir rna� also de�ec�ate enforeeir�ent 26 it , .l, ..ii . ii.J !I,�..it for thii Code to other de ailment of the towii� o�rerii�i�eiiit. or cities in 27 the erviiee areas o�erii�ed thin Code. iiii� aeeordaii�ee wirlh Mate and �oea� �aw.� .................................................................................................... 28 29 Sec. 26 708. III°Ieinallltlle 30 31 The eirl or all other �e a� aUthorirl haH enforce ari viioWiiori of this artiie�e � it aiarit .................................................. 32 to .....;t.he......rp, ..ii .F- ro�rii iioii� eoii�taiiii�ed iiii� Cha ter . Artiie�e II. eet Ori 7 of these 11 and 33 ev.otherwise Then , 34 owed haw. Thea caW enaffies shaH he deteriined h the foirUM e�eeted to 35 enforce the viioWiiori. 336 337 Section 3. Each and every other provision of Chapter 26, not herein specifically 338 amended shall remain in full force and effect as previously enacted. 339 Section 4. All ordinances or parts of ordinances in conflict herewith be and the same 340 are hereby repealed. 341 Section 5. Should any section or provision of this ordinance or portion hereof, any 342 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 343 decision shall not affect the remainder of this ordinance. 344 Section 6. Authority is hereby granted to codify said ordinance. 345 Section 7. This ordinance shall become effective immediately. S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx - 8 - Page 498 of 527 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 FIRST READING this day of February, 2021. SECOND, FINAL READING AND PASSAGE this , 2021. CITY OF BOYNTON BEACH, FLORIDA YES Mayor — Steven B. Grant Vice -Mayor — Ty Penserga Commissioner — Justin Katz Commissioner — Woodrow L. Hay Commissioner — Christina L. Romelus VOTE ATTEST: Tammy Stanzione Deputy City Clerk (Corporate Seal) S:ACA\Ordinances\Year Round Landscape Irrigation Conservation (Article X) - Ordinance.Docx -9- day of NO Page 499 of 527 MODEL CODE LANGUAGE FOR LOCAL GOVERNMENTS TO ACCOMPANY THE MANDATORY YEAR-ROUND LANDSCAPE IRRIGATION CONSERVATION MEASURES MODEL ORDINANCE OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT It is the intent and purpose of this Code to implement procedures to protect the water resources of CITY OF BOYNTON BEACH FLORIDA and to promote water conservation through the efficient use of landscape irrigation and consistency with the South Florida Water Management District's (District) mandatory year-round landscape irrigation conservation measures under Chapter 40E-24, Florida Administrative Code, (F.A.C.). This Code will increase water use efficiency; prevent and curtail wasteful irrigation practices by providing mandatory landscape irrigation conservation measures; and prohibit the operation of irrigation systems in a manner causing water to be wasted. For the purpose of this Code, the following terms, phrases, words and their derivatives shall have the meaning listed below. When not inconsistent with the context, words used in the present tense also include the future, and words used in the singular also include the plural. The word "shall" is always mandatory and not merely directory. (1) "Address" means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers, but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address, it shall be considered "even -numbered." (2) "Athletic Play Area" means all golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, lawn bowling fields, and rodeo, equestrian and livestock arenas. (3) "Consumptive Use Permit" (CUP) means a permit issued pursuant to Chapter 40E- 2, F.A.C., authorizing the consumptive use of water. (4) "District" means the South Florida Water Management District, a government entity created under Chapter 373, Florida Statutes. Page 500 of 527 (5) "Even -Numbered Address" means an address ending in the number 0, 2, 4, 6 or 8; rights-of-way or other locations with no address; or the letters A -M. (6) "Existing Landscaping" means any landscaping which has been planted in the ground for more than ninety (90) days. (7) "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas. (8) "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas. (9) "Law Enforcement Official(s)" means The City of Boynton Beach Police Department, and or the City Community standards Department. (10) "Low Volume Hand Watering" means the watering of landscape by one (1) person, with one (1) hose, fitted with a self -canceling or automatic shutoff nozzle. (11) "Low Volume Irrigation" means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. (12) "Micro -irrigation" means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro -irrigation includes a number of methods or concepts such as bubbler, drip, trickle, mist or micro -spray, and subsurface irrigation. (13) "New Landscaping" means any landscaping which has been planted and established for ninety (90) days or less. (14) "Odd -Numbered Address" means an address ending in the number 1, 3, 5, 7 or 9; or the letters N -Z. 2 Page 501 of 527 (15) "Reclaimed Water" means wastewater that has received at least secondary treatment, and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C. (16) "User" means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity, whether natural or artificial, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps. (17) "Wasteful and unnecessary" means allowing water to be dispersed without any practical purpose to the water use; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use; for example, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks and other impervious surfaces; or allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system. (18) "Water Resource" means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground. (19) "Water Shortage" means when the District determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought. (20) "Water Shortage Emergency" means when the listed in Part II of Chapter 40E-21, F.A.C., are health, safety, or welfare; the health of animals, supply; or commercial, industrial, agricultural, beneficial uses. District determines the provisions not sufficient to protect the public fish, or aquatic life; a public water recreational, or other reasonable- The provisions of this Code shall apply to each user providing landscape irrigation from all water resources within the boundaries of the CITY OF BOYNTON BEACH WATER SERVICE AREA. The provisions of this Boynton Beach Code of Ordinances, Chapter 26, Article X titled "Year Round Landscape Irrigation Conservation Measures" shall not apply to athletic play areas or agricultural operations (including nurseries), and irrigation accomplished using reclaimed water or saltwater. 3 Page 502 of 527 Utilization of Reclaimed Water: Where reclaimed water is available adjacent to a property that utilizes an average daily water use of potable water, surface water or ground water (or a combination) of over 5,000 gallons, will be required to connect and utilize reclaimed water to the fullest extent possible as supply allows. Declaration of a water shortage condition and/or water shortage emergency within all or parts of the CITY by the District's Governing Board or Executive Director shall supersede this Code for the duration of the applicable declaration, in accordance with City Ordinance No.85-36 extablishing Chapter 26, Article III — Water Shortage Plan. A water shortaged usually occurs due to drought. Such a declaration would apply to all users using the water resource within the geographical areas subject to a water shortage or water shortage emergency, as determined by the District, whether from public or privately -owned water utility systems, private wells or private connections with surface water bodies, but shall not apply to users using reclaimed water or saltwater. • • '' • . • ' • . • The following requirements or exceptions shall apply to all users, unless otherwise specified. (1) Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as provided below. (2) Irrigation of existing landscaping shall comply with the following provisions: a. Even -Numbered Addresses and rights-of-way, or other locations without an address, may accomplish necessary landscape irrigation only on Thursdays, and/or Sundays. b. Odd -Numbered Addresses may accomplish necessary landscape irrigation only on Wednesdays, and/or Saturdays. (3) Irrigation of new landscaping shall comply with the following provisions: a. New Landscaping may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is allowed without regard to the listed watering days and times. b. A ninety (90) day establishment period begins on the day new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice. 0 Page 503 of 527 C. Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday. d. Irrigation of new landscaping which has been in place for thirty-one (31) to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday. e. Irrigation of the new landscaping is limited to areas containing only the new landscaping. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this Code if the zone in question is for an area that contains at least fifty percent (50%) new landscaping. If a zone contains less than fifty percent (50%) new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping. (4) Irrigation systems may be operated outside restricted days and/or times for cleaning, maintenance, and repair with an attendant on-site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one (1) test should not exceed ten (10) minutes per zone. (5) Landscape irrigation for the purpose of watering -in fertilizers, insecticides, pesticides, fungicides, and herbicides, where such watering -in is required by the manufacturer, or by federal, state or local law, shall be allowed under the following conditions: a. Such watering -in shall be limited to one (1) application in the absence of specific alternative instructions from the manufacturer; and b. Such watering -in shall be accomplished during normal watering days and times fisted above unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering -in activity. (6) Any plant material may be watered using low volume irrigation, micro -irrigation, low volume hand watering methods, rain barrels, cisterns, or other similar rain - harvesting devices without regard to the listed watering days or times. (7) In addition to the specific listed measures, all wasteful and unnecessary water use is prohibited. 5 Page 504 of 527 (8) In the event the District imposes restrictions on landscape irrigation for new and existing installations which are more restrictive than those imposed by this Code, such as under the declaration of a water shortage or water shortage emergency, the more restrictive regulations shall apply for the applicable duration of the more restrictive regulations. (9) It shall be the duty of each user to keep informed as to the irrigation conservation measures within this Code, which affect each particular water use. Additional Measures Any user who purchases and installs an automatic landscape irrigation system shall properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture in accordance with Section 373.62, Florida Statutes and City of Boynton Beach Code of Ordinances, Chapter 4, Article 11, Section 4. Variance Relief (1) Any user affected by this Code may apply for a variance to the CITY OF BOYNTON BEACH manager/administrator, or their designee. A variance from specific day or days identified in this code may be granted if strict application of the restrictions would lead to unreasonable or unfair result, provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant, or those the applicant serves. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that granting the variance would be consistent with the general intent and purpose of this Code. (2) Examples of circumstances for a variance include, but are not limited to: a. Two (2) or more properties which share a common source of water; b. A public or private water system experiencing or anticipating distribution problems; c. A user maintains an irrigation system that uses soil moisture sensors or weather -based irrigation controllers; or d. Where a contiguous property is divided into different zones, a variance may be granted so that each zone may be irrigated on days different than other zones of the property. However, no single zone may be irrigated more than two (2) days per week unless a user maintains an irrigation system that uses soil moisture sensors or weather -based irrigation controllers. R Page 505 of 527 e. A user maintains, manages, or owns a non-residential property, such as a house of worship or weekly market (farmer/flea), where the primary day of use or attendance for the property coincides with the address' prescribed watering day. (3) Upon receipt of an application for variance from the requirements of this Code, the City manager/administrator or designee shall render a decision on the variance within 30 days. Denials of variance relief may be appealed to the City commission within 14 days of the user's receipt of the notice of denial. Any notice of denial or subsequent appeal shall be sent by certified mail, return receipt requested (4) If a variance is granted, the applicant shall be required to post a notice at each parcel to which the variance pertains as required by Chapter 40E-24.501 F.A.C. Enforcement Every law enforcement official having jurisdiction in the area governed by this Code shall, in connection with all other duties imposed by law, diligently enforce the provisions of this Code by issuance of a citation, summons, or notice to appear in county court, or by filing an action in civil court for injunctive relief. The CITY OF BOYNTON BEACH administrator/ manager may also delegate enforcement responsibility for this Code to other departments of the town government, or cities in the service areas governed by this Code, in accordance with state and local law. Penalties The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in QIh rig: E I &±Icle II Section . of these Land Development Regulations. (Ord. 10-025, passed 12-7-10) or as otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. 7 Page 506 of 527 12. B. Legal 3/2/2021 Requested Action by Commission: Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB Explanation of Request: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 - 60 minutes will be needed. The time and date of this private attorney-client session will be set at the March 2, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: Not approve attorney-client private session to discuss this litigation at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 507 of 527 Attachments: Type ME)iryw..) Description ME)irno r'EqL.JIE)Sbl['lg CJOSEd door SE)SSi011'i Oln J KM itigaboin Page 508 of 527 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: February 24, 2021 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 - 60 minutes. The time and date of this private attorney-client session will be set at the March 2, 2021 City Commission meeting. S:ACA\COMM\Request For Ex Session - (JW (030221).Docx Page 509 of 527 13.A. Future Agenda Items 3/2/2021 Requested Action by Commission: Charlotte Pelton & Associates to provide an update on the naming rights campaign - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 510 of 527 13. B. Future Agenda Items 3/2/2021 Requested Action by Commission: Commissioner Katz requested a staff report on Police Department vacancies/staffing levels for last five years - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 511 of 527 13.C. Future Agenda Items 3/2/2021 Requested Action by Commission: Staff to provide report and summary of work for Utility Engineering Projects over $500,000 - March 16, 2021. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 512 of 527 13.D. Future Agenda Items 3/2/2021 Requested Action by Commission: E21- Solutions will present their final closeout report for the Boynton Beach Town Square Project - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 513 of 527 13. E. Future Agenda Items 3/2/2021 Requested Action by Commission: Police Chief Gregory will give presentation addressing public safety during large gatherings. - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 514 of 527 13. F. Future Agenda Items 3/2/2021 Requested Action by Commission: Annual appointment of board members to City advisory boards and selection of Chairs and Vice Chairs as outlined in Ordinance 20-016 adopted on June 2, 2020. - March 16, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 515 of 527 13.G. Future Agenda Items 3/2/2021 Requested Action by Commission: ILA for Sara Sims Park Pavilion Improvements -April 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 516 of 527 13. H. Future Agenda Items 3/2/2021 Requested Action by Commission: Voluntary Sustainability Payment on Water Bills - April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 517 of 527 13.1. Future Agenda Items 3/2/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 3/2/2021 Requested Action by Commission: Staff report on history/process to add names to the Heritage Park monument - April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 518 of 527 13.J. Future Agenda Items 3/2/2021 Requested Action by Commission: Present results of the multi -jurisdictional Climate Change Vulnerability Assessment — April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 519 of 527 13. K. Future Agenda Items 3/2/2021 Requested Action by Commission: Vice Mayor Penserga has requested the Commission explore ideas for new Economic Development incentive programs - April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 520 of 527 13. L. Future Agenda Items 3/2/2021 Requested Action by Commission: Consider ordinance and hear presentation on education campaign regarding the prohibition of polystyrene on City Property. -April 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 521 of 527 13. M. Future Agenda Items 3/2/2021 Requested Action by Commission: Vice Mayor Penserga requested a discussion regarding a City Mural Program - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 522 of 527 13. N. Future Agenda Items 3/2/2021 Requested Action by Commission: Present option for management of canal assessment program - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 523 of 527 13.0. Future Agenda Items 3/2/2021 Requested Action by Commission: Hear presentation from City staff on Neighborhood Traffic Calming Program - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 524 of 527 13.R Future Agenda Items 3/2/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - May 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 525 of 527 Requested Action by Commission: Monuments on City Property - June 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 13.Q. Future Agenda Items 3/2/2021 Page 526 of 527 13. R. Future Agenda Items 3/2/2021 Requested Action by Commission: Discussion of LOI process for sale of City land - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 527 of 527