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Agenda 11-02-21The City of Boynton Beach City Commission Agenda Tuesday, November 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 Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. lin IIOIIIIn�IIl01���� www. boy nton- beach. org Page 1 of 849 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. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online 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 November 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 number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 849 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 849 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Chuck Brannon, Gateway Community 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 the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announcement by Gabrielle Favitta, Events Manager, regarding the First Friday @ 5 concert on November 5, 2021. B. Announcement by Crystal Spears, Community Outreach Director for Habitat of Humanity of South Palm Beach County, regarding the Veterans Build Event on November 5, 2021. C. Veterans Day Ceremony Announcement by Kacy Young, Recreation & Parks Department Director, is scheduled for Thursday, November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 12:00 p.m. D. Citation recognizing Dr. Dwight Reynolds and Centers for Health Promotion, LLC for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. E. Citation recognizing Pathways to Prosperity for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. F. Proclamation recognizing the month of November as Family Court Awareness Month. Lisa Browne-Banic of Families Against Court Travesties (FACTS) and Tina Swithin of One Mom's Battle will accept the proclamation. G. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. 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. Appointment of 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 Page 4 of 849 A. Legal Expenses - September 2021 - Information at the request of the City Commission. No action required B. Proposed Resolution No. R21-144 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. C. Proposed Resolution No. R21-145 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Impaired Driving grant subject to the approval of the City Attorney. D. Proposed Resolution No. R21-146 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Motorcycle Safety grant subject to the approval of the City Attorney. E. Proposed Resolution No. R21-147 - Approve piggy -backing the GSA Contract Number GS- 07F-173GA for the purchase of ethernet cable installation services from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorize the City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc. F. Proposed Resolution No. R21-148 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 4th, for the 50th Annual Holiday Parade. G. Approve minutes from the October 19, 2021 City Commission meeting. 7. Consent Bids And Purchases Over $100,000 A. Approve the purchase of these thirty-eight (38) replacement vehicles as approved in the FY21-22 budget for an estimated amount of $2,496,474 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL28.0, FSA20-VEH18.0, Sourcewell contract #031121-TTC, and Sourcewell contract #060920 -NAF. The Florida Sherriffs and Sourcewell contracts complies with the City of Boynton Beach procurement requirements. B. Proposed Resolution No. R21-149 - Approve the ranking as recommended by the Evaluation Committee and Authorize the City Manager to sign an agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. 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. 9. City Manager's Report A. Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award. 10. Unfinished Business - None 11. New Business A. Proposed Resolution No. R21-150 - Adopt the Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. 12. Legal A. This item is an update on the status of the City's participation in the opioid litigation settlement. Page 5 of 849 13. Future Agenda Items A. Climate Action Plan Annual Update. - November 16, 2021 B. National Flood Insurance Program Community Rating System Update- November 16, 2021 C. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 16, 2021 D. Draft Ordinance for Disposition of City -owned Property. - November 16, 2021 E. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 F. Sign Code Amendments - December 7, 2021 G. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 H. Consultant Presentation of Housing Needs Assessment - December 7, 2021 School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 J. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 K. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 L. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 M. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD N. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD O. Discuss Building Safety Inspection Program- TBD P. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD Q. Proposed Ordinance No. 21-026 - Second Reading. Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. - TBD R. Mayor Grant has requested a discussion regarding asking Latosha Clemons if she would consider having an Urban Orchard named after her. - TBD 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. Page 6 of 849 Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. lnfortrntion regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 849 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Chuck Brannon, Gateway Community 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: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 11/2/2021 Page 8 of 849 Requested Action by Commission: Informational items by the 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 11/2/2021 Page 9 of 849 im Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Announcement by Gabrielle Favitta, Events Manager, regarding the First Friday @ 5 concert on November 5, 2021. Explanation of Request: First Friday @ 5 is a monthly concert series to be held in Centennial Park & Amphitheater. The November First Friday @ 5 concert is scheduled for Friday, November 5 beginning at 5:00 p.m. The Shane Duncan Band, a southern rock country band, based in South Florida, will perform. The following food trucks will be participating: Che Grill, Las Mexicanas and Crunly Churros, as well as Potions in Motion. There will be a variety of children's activities. This family friendly event is free to the public and will end at 8:00 p.m. The public is encouraged to bring chairs and blankets. Free parking, including ADA parking, is available in the parking lots behind the Arts & Cultural Center and the Schoolhouse Children Museum. How will this affect city programs or services? Support services for the First Friday @ 5 concerts will be provided by City Departments such as Customer Service, Finance, Fire, Human Recources & Risk Management, Police, Public Works, Recreation, and Utilties. Fiscal Impact: First Friday @ 5 concerts are budgeted in the Special Events FY 21/22 annual budget. Alternatives: Do not allow announcement. Strategic Plan: Culturally Distinct Downtown, Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 10 of 849 Attachments: Page 11 of 849 i1M Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Announcement by Crystal Spears, Community Outreach Director for Habitat of Humanity of South Palm Beach County, regarding the Veterans Build Event on November 5, 2021. Explanation of Request: Habitat for Humanity of South Palm Beach County and City of Boynton Beach partner to bring the annual Veterans Build presented by Vertical Bridge to The Heart of Boynton Beach with a ten -home neighborhood revitalization impact in one day. Veterans Build honors and brings together veterans and community members to help fellow veterans and seniors living in the Heart of Boynton Beach. Over 200 volunteers will come together to help improve 10 homes in one day. Entire home painting, landscaping clean out and planting, exterior repairs, new mailboxes, and an American flag installed at each of the ten homes will be led by Habitat of South Palm Beach's construction team. A ceremony with honorary guest speaker, WW I I Veteran, William Barton introduced by his nephew, Wayne Barton, and a celebratory BBQ luncheon honoring the veterans will be held at Carolyn Sims Center for all participants. Home Sponsorships start at $5,000 and includes participation for your team of 20 and helps cover the cost of materials. To learn more about Home Sponsorships and to register your team, contact Marta Knowles at mknowles@hfhboca.org. To participate as an individual, contact Brittany Parish at bparish@hfhboca.org. Advance registration is required. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 12 of 849 Is this a grant? Grant Amount: Attachments: Page 13 of 849 3.C. Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Veterans Day Ceremony Announcement by Kacy Young, Recreation & Parks Department Director, is scheduled for Thursday, November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 12:00 p.m. Explanation of Request: The Boynton Beach Veterans Task Force will host a Veterans Day Ceremony on Thursday, November 11, 2021, at Tom Kaiser, USN Boynton Beach Veterans Memorial Park starting at 12:00 p.m. to celebrate Veterans and thank them for their service. How will this affect city programs or services? No affect on City Programs or Services. Fiscal Impact: No fiscal impact. Alternatives: Not make the announcement about the event. Strategic Plan: Building Wealth in the Community Strategic Plan Application: The promotion and hosting of special events encourages patrons to visit City of Boynton Beach Parks. Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Page 14 of 849 3.D. Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Citation recognizing Dr. Dwight Reynolds and Centers for Health Promotion, LLC for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. Explanation of Request: During the COVID-19 pandemic, the disease has led to millions of cases throughout the world. The City of Boynton Beach wishes to thank two organizations that have partnered with the city to provide information to residents and opportunity for the community to get vaccinated against this disease, recognizing November 2, 2021 as "Centers for Health Promotion, LLC and Pathways to Prosperity 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 D Attachment Description Ciitafioirn I[.) r. [Reynolds & Centers for Il health l::1 roirnofioirn, II...II...0 Page 15 of 849 citation Whereas, during the COVID-19 pandemic, the disease has led to millions of cases throughout the world. The City of Boynton Beach wishes to thank two organizations who have partnered with the city to provide information to residents and opportunity for the community to get vaccinated against this disease, and; Whereas, Pathways to Prosperity (P2P) facilitated a partnership with the Centers for Health Promotion, LLC and the City to host a vaccination event and provide education to the community regarding COVID- 19, and; Whereas, CHP runs a Covid-19 Strike Force that conducts free vaccination events in communities with low vaccination rates. The program is led by Dr. Dwight Reynolds, MD from Coral Springs, Florida. Dr. Reynold's team travels throughout the country providing education and vaccinations, and; Whereas, on Saturday, September 18, 2021, the vaccination event took place from 8:OOam to 6:OOpm in the Hester Center gymnasium, and; Whereas, a follow up vaccine event was held on Saturday, October 16, 2021 at the Hester Center. Now therefore, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize Centers for Health Promotion, LLC with this Citation and declare November 2, 2021 as: Centers for Health Promotion, LLC and Pathways to Prosperity Day In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 2nd day of November, Two Thousand and Twenty - One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 3.E. Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Citation recognizing Pathways to Prosperity for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. Explanation of Request: During the COVID-19 pandemic, the disease has led to millions of cases throughout the world. The City of Boynton Beach wishes to thank two organizations that have partnered with the city to provide information to residents and opportunity for the community to get vaccinated against this disease, recognizing November 2, 2021 as "Centers for Health Promotion, LLC and Pathways to Prosperity 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 Description D Attachment Citation IF:1at1h ys to l::1 rospeiriity Page 17 of 849 citation Whereas, during the COVID-19 pandemic, the disease has led to millions of cases throughout the world. The City of Boynton Beach wishes to thank two organizations who have partnered with the city to provide information to residents and opportunity for the community to get vaccinated against this disease, and; Whereas, Pathways to Prosperity (P2P) facilitated a partnership with the Centers for Health Promotion, LLC and the City of Boynton Beach to host a vaccination event and provide education to the community regarding COVID-19, and; Whereas, on Saturday, September 18, 2021, the vaccination event took place from 8:OOam to 6:OOpm in the Hester Center gymnasium. City staff and P2P developed a marketing plan to notify the community of the event, and; Whereas, a follow up vaccine event was held on Saturday, October 16, 2021 at the Hester Center, and; Whereas, P2P provided marketing and staff support for the event. Now therefore, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, recognize Pathways to Prosperity with this Citation and declare November 2, 2021 as: Centers for Health Promotion, LLC and Pathways to Prosperity Day In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 2nd day of November, Two Thousand and Twenty - One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 3. F. Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Proclamation recognizing the month of November as Family Court Awareness Month. Lisa Browne-Banic of Families Against Court Travesties (FACTS) and Tina Swithin of One Mom's Battle will accept the proclamation. Explanation of Request: The mission at One Mom's Battle (OMB) and the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children. The mission at the FCAMC is to increase awareness on the importance of education and training on domestic violence, childhood trauma and post separation abuse for all professionals working within the family court system. 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 Description D l::1 roclairnatioirn l::1 roclairnatioirn Family Court Awareness IMontlh Page 19 of 849 pro e I CGAM Cation WHEREAS, the mission at One Mom's Battle (OMB) and the Family Court Awareness Month Committee (FCAMC) is to increase awareness on the importance of a family court system that prioritizes child safety and acts in the best interest of children, and WHEREAS, the mission at the FCAMC is to increase awareness on the importance of education and training on domestic violence, childhood trauma and post separation abuse for all professionals working within the family court system, and WHEREAS, the mission at the FCAMC is to educate judges and other family court professionals on the empirical data and research that is currently available. Such research is a critical component to making decisions that are truly in the best interest of children. This research includes The Adverse Childhood Experiences (ACE) Study (CDC -Kaiser Permanente), Saunder's Study (Us Department of Justice), The Meier Study: Child Custody Outcomes in Cases Involving Abuse Allegations, and the Santa Clara Law Study (Confronting the Challenge of High -Conflict Personality in Family Court), and WHEREAS, the mission at the FCAMC is fueled by the desire for awareness and change in the family court system while honoring the 100(+) children in the United States who have been murdered by a parent after a custody court rejected the other parent's plea for protection (Source: Center for Judicial Excellence). NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of November 2021, as: fam11g Court 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 November Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.G. Announcements, Community and Special Events and Presentations 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Explanation of Request: There are over 43 million adult and over 1.3 million youth family caregivers in the United States, the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer. It is important to recognize the many contributions of family caregivers and encourage our communities, health providers, employers, and others to support their invaluable efforts. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not proclaim the month of November as National Caregivers Month. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D l::1 roclamatioirn l::1 roclamation National Family Caregivers IMontlh Page 21 of 849 proel C -AM at ion WHEREAS, family caregivers greatly improve the quality of life for their loved ones, spending an average of 20 hours per week providing care, with many caring for their loved ones around the clock; and WHEREAS, over 43 million adult and over 1.3 million youth family caregivers in the United States are the unacknowledged backbone of the nation's long-term care system by providing daily assistance to manage health and personal care, thus enabling their loved ones to stay in the home longer; and WHEREAS, family caregivers promote a culture of support; demonstrate the importance of family, and strive to value the various stages of life for loved ones; and WHEREAS, family caregivers are there as full partners in the care of their loved ones in various settings. Patients may have more than one doctor; nurses change shifts; prescriptions may be filled at different pharmacies, but, family caregivers are the constant advocates and support; and WHEREAS, although family caregiving can be a rewarding experience, it often comes with consequences such as increased risk for health issues from chronic stress, less time to take care of self, fewer social relationships, reduced hours of employment and increased demands on financial resources; and WHEREAS, family caregivers deserve to be acknowledged and appreciated for the compassionate care they provide in countless situations across our communities. It is important to recognize the many contributions of family caregivers and. encourage our communities, health providers, employers, and. others to support their invaluable efforts; NOW THEREFORE, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim November 2021 as: ]rational familg Garegivius Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 2nd day of November, Two Thousand and Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 5.A. Administrative 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Appointment of 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 term openings and 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 term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep city 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: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachment D Attachment D Attachment Description Appointments and Applicants for Novernber 2, 2021 Conklin, Sean Velazquez, Il lector Page 23 of 849 Appointments and Applicants for November 02, 2021 Art Advisory Board III Romelus Reg 2 yr term to 3/22 IV Penserga Reg 2 yr term to 3/23 Applicant: Hector S. Velazquez Affordable Housing Advisory Committee I Katz Affordable home building 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach Applicants: Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non -Voting) Applicants: None Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConverte rPro\temp\NVDC\E2C0923C-204D-4D9F-BD73-BEA9C687C71E\Boynton Beach.29908.1.Appointments_for _11-02- 21. d ocx Page 24 of 849 Appointments and Applicants for November 02, 2021 Library Board Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None Recreation and Parks IV Penserga Reg 2 yr term to 3/23 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicant: Sean Conklin Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverte rPro\temp\NVDC\E2C0923C-204D-4D9F-BD73-BEA9C687C71E\Boynton Beach.29908.1.Appointments_for _11-02- 21. d ocx Page 25 of 849 Stanzione, Tamm From: draoniaskies <noreply@123formbuilder.com> Sent: Saturday, October 23, 2021 9:29 AM To: City Clerk Subject: Advisory Board Appointment application Attachments: Sean_Conklin_Resume_8-18-2021.pdf Today's date 10/23/2021 Name Sean Conklin Phone number 631-560-2227 Address 637 NORTHEAST 6TH COURT APT J BOYNTON BEACH FL 33435 United States Email draoniaskies@hotmail.com Current occupation or, if retired, prior Palm Beach County Government occupation Education PhD Candidate in Public Administration Are you a registered voter? Yes Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board 1 Page 26 of 849 If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I currently serve as an employee of Palm Beach County overseeing the Ending the HIV Epidemic Qualifications Grant Program as a program evaluator. I manage a budget of over $1.4 million of federal money and serve on other public boards, including PBCHRC. I hold a master\'s degree in Nonprofit Management from Florida Atlantic University and am a current PhD Candidate in Public Administration at Florida Atlantic University. I have experience 9in government, university, and nonprofit organizations of varying sizes. I worked with children and teens with the Boys and Girls clubs of Palm Beach County as well as college students at FAU. I advise two fraternity chapters. Professional American Society for Public Administration Memberships Feel free to attach/upload an htti�s,, Z/form.12.3formbuilder com ulLload did i;)hi°-?fileid=53b3.0250aac79007970a8a2a6f633bb2 extra sheet 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 73.56.31.120 (United States) at 2021-10-23 08:28:29 on Chrome 95.0.4638.54 Entry ID: 493 Referrer https. /dwww bo7nton-,b,each or Form Host: https:/Zform.1?3formbu.ilder com/583214/advisory boardrd .)ointment-applicationaCai Page 27 of 849 Sean Conklin 637 NE 6" Ct, J, Boynton Beach F133484 . 631-560-2227 • seanxconklin@gmail.com LinkedIn: httiAs://www.linkedin.com/in/seani�ppAklinl,o WordPress: https://SeanxConklin,wordpress.com „ _ . EDUCATION State University of New York at Plattsburgh, Plattsburgh, NY August 2014 Bachelor of Arts, Psychology Minor: English Florida Atlantic University, Boca Raton, FL May 2020 Master of Nonprofit Management Florida Atlantic University, Boca Raton, FL Expected 2024 PhD in Public Administration PROFESSIONAL EXPERIENCE Program Evaluator, Community Services, Palm Beach County July 2020 — Present • Evaluate Ending the HIV Epidemic (EHE) grant program activities • Monitor subrecipients and contractual partners for program performance measures • Assess data collected from EHE and Syringe Exchange Program (SEP) • Plan for future programs and activities related to EHE and SEP • Prepare and administer Notice of Funding Opportunity (NOFO) for EHE • Prepare federal grant reports for Federal review • Develop training and education schedules for EHE staff • Create and evaluate program budgets College Program Coordinator, Gift of Life Marrow Registry April 2019 — May 2020 • Develop, manage, and implement training for student volunteers • Advocate for marrow and PBSC donors and blood cancer patients • Advise Gift of Life affiliated student organizations on various college campuses • Develop relationships with community partners • Mediate conflicts between student interns • Supervise 90+ students remotely while tracking performance and giving feedback accordingly Teen Development Specialist, Boys and Girls Club of Delray Beach Oct 2018 — April 2019 • Developed and implemented programming for (20+) teens aged 12-18 • Worked with other staff to ensure the safety and organization of (150+) children aged 6-18 daily Building Operations Manager, Housing & Residential Life, Florida Atlantic University March 2017 — Sep 2017 • Supervised (7) staff members at the 24 hour area office front desk • Managed the entrance access of (2) residential halls; oversee locks and keys for 1800+ residential rooms • Communicated and assist residents with entrance issues (lockout, lost keys) politely and efficiently • Provided customer service to new residents gaining access to facilities to promote a positive university environment Program Assistant, Owls Care Health Promotion, Florida Atlantic University July 2014 — March 2017 • Supervised Work Study Student & coordinated weekly student worker schedules • Assisted in planning and implementing of health education programming • Managed schedule of Owls Care classroom/meeting room • Collected and compiled data using Microsoft Office, Microsoft Excel and Word prominently • Initiated and completed financial paperwork through Workday personnel management system Resident Assistant, Housing & Residence Life, SUNYPIattsburgh August 2013 — May 2014 • Fostered community among 33 men in a hallway -style dormitory through floor activities and bonding • Responded appropriately to emergencies including fire, injury, threat, etc. • Collaborated with 5 other RAs and the Resident Director to create a building -wide community • Counseled residents struggling with personal issues through active listening & by providing resources Fraternal Excellence Coordinator, Fraternity & Sorority Life, SUNYPIattsburgh August 2012 — May 2014 • Compiled statistics for 21 fraternal organizations on campus using Microsoft Excel • Oversaw a committee of 6-8 volunteers who assisted in the compilation of statistics • Coordinated 8 evaluation -based showcases each academic year, awarding organizations for excellence • Advised student organizations on programming and initiatives, including goal setting & retreat planning • Presented the Fraternal Excellence Initiative to an audience of 30 Student Affairs professionals at the annual Northeast Greek Leadership Association (NGLA) conference Page 28 of 849 PROGRAM KNOWLEDGE Microsoft Word, Excel, Outlook, Publisher Prezi, Online Presentation Tool DropBox, File -hosting Service Workday, Financial and Human Capital Management Software REDCap, Online Database Management Software Stata, Statistical Analysis Software VOLUNTEER EXPERIETTCE Palm Beach County Human Rights Council —Board Member Palm Beach County Human Rights Council Voter's Alliance — Member Zeta Beta Tau Fraternity — Chapter Advisor, Facilitator Fraternity/Sorority Life, SUNY Plattsburgh: Outstanding Senior Award, 2014 * Senior Achievement Award., 2014 Council Officer of Excellence, 2013 * Emerging Leaders Award, 2013 Leroy Collins Public Ethics Academy (LCPEA), Florida Atlantic University: LCPEA Scholarship Recipient, 2020, 2021 WORKSHOPS, PRESENTATIONS & PUBLICATIONS Planning for Excellence, SUNY Plattsburgh 2013-2014: Goal setting workshop given to all members of Fraternity and Sorority Life, focusing on organizational goal setting Evolution of Excellence, NGLA Conference 2014: Informational workshop for professionals about SLTNY.Plattsburgh's Fraternity & Sorority Life Accreditation Program, given at regional NGLA conference in Pittsburgh, PA February 2014 The Fraternity Closet, NGLA Conference 2017: Informational workshop about closeted LGBTQ+ individuals in Fraternity & Sorority Life and how the existing cultural norms of Fraternity & Sorority life discourage LGBTQ+ members from coming out and joining and can directly negatively impact individual student's health and safety. Hartford, CT 2017 The Fraternity Closet, NGLA Newsletter, November 2017: An exploration of gendered social norms in Fraternity and Sorority Life and how they impact closeted individuals within and without each organization. Published in NGLA monthly Newsletter in November 2017. (httDs://i,,00.gl/8zCzte) Safer Smart Dating, Zeta Beta Tau, Sigma Delta Tau, Jewish Women International, Ongoing: Workshop designed for fraternity and sorority members to educate them on sexual assault and abusive relationships. Given at various campuses across the country. Alcohol Skills Training Program (ASTP), Zeta Beta Tau, Ongoing: Workshop designed for college aged individuals that encompasses a wide variety of topics revolving around alcohol and drug use, The primary goal is hard reduction. Barriers: What they are and how to Get Around Them, Gift of Life: Webmar designed for Gift of Life Campus donors on their campuses. I! ISO � 1 111 �ii I al Page 29 of 849 Stanzione, Tamm Subject: FW: FW: Advisory Board Appointment application From: Sam Velazquez <sam@velazquez.com> Sent: Monday, October 18, 20218:30 PM To: Stanzione, Tammy <StanzioneT@bbfl.us> Subject: Re: FW: Advisory Board Appointment application The Art Advisory Board. On Mon, Oct 18, 2021 at 7:55 AM Stanzione, Tammy <StanzioneTQbbfl.us> wrote: Good Morning, Please let me know which advisory board you are seeking appointment to. From: sam <noreply@123formbuilder.com> Sent: Friday, October 15, 20213:03 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address Email Current occupation or, if retired, prior occupation Education Are you a registered voter? Hector Samuel Velazquez 561-703-7495 1510 SW 9th Ave Boynton Beach Florida 33426 United States sam�r ve„laz„e„u„e„z„.com Director: Boys and Girls Club of martin County Indian Town Branch BA U CINCINNATI College Conservatory of Music, MA NEW YORK UNIVERSITY Music Education Do you reside within the Boynton Beach City limits? Do you own/manage a business within City limits? If "yes", name of business: Are you currently serving on a City board? Have you served on a City board in the past? If "yes", which board(s) and when? 1 Page 30 of 849 Have you ever been convicted of a crime? If "yes", when and where? Advisory Board please select... If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I Directed the Spanish Action League in Syracuse New York, was a member of the New York State Council on the Arts Grant review Board. Have experience in Grant Writing. Directed the Community School of Music and Arts in Ithaca New York, Professional musician, Currently a member of the Lakeworth Lions Club, and Golf Coach for the First Tee Program of the Palmbeaches and Treasure Coast. Professional Memberships ASCAP, 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 66.229.218.44 (United States) at 2021-10-15 14:02:37 on Chrome 94.0.4606.81 Entry ID: 492 Form Host: htt)s,:1119rm.123formbuilder.com/-5-8---3--214/advisory-bg d-zoointmenLap _plication 2 Page 31 of 849 6.A. Consent Agenda 11/2/2021 Requested Action by Commission: Legal Expenses - September 2021 - Information at the request of the City Commission. No action required Explanation of Request: Outside counsel invoices included for review. 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 Attachment D Attachment D Attachment D Attachment Description Goren Clheirof September 2021 Il nvoices Goren Clheirof IR�sllk Il...iitigatioirn September 2021 II irnvoiices Outside Counsel Ceiracii September 2021 Jones IFosteir 'Town Square litigation September 2021 Page 32 of 849 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 Special Fire Assessment 09/03/2021 JAC Review status and readiness for adoption of special assessment; pull in review base ordinance; discuss future methodology review with Mike Cirullo FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-0005370 37792 HOURS 0.80 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 33 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 37793 Attn: Lynn Swanson LABOR - General HOURS 09/01/2021 JAC Review and correspondence regarding PBA request for impact bargaining 0.50 09/02/2021 JAC Call with LL and follow up research regarding use of American rescue funds for premium pay and online research for Department of treasury or municipal record of same; Review Oldbury spreadsheet regarding analysis 1.70 09/08/2021 SHB Attend pre -determination conference for Jovaris Pearson. 1.10 09/09/2021 SHB Telephone conference with Oldbury re: Pearson pre -d. 0.30 09/13/2021 SHB Receive and review subpoena duces tecum for employee records. Review pleadings in court docket and follow up with HR. Attend webinar on legality of mandatory Covid vaccines and long Covid. Research re: president's vaccine mandate. 1.20 JAC Prepare for and calls regarding collective bargaining session with PBA; 0.50 09/16/2021 JAC Prepare for, attend, and follow up regarding PBA request for impact bargaining concerning COVID-19 policies 2.70 09/20/2021 SHB Louis: Receive and review reports related to resident complaint; discuss with Oldbury and Mack. 0.70 09/27/2021 SHB Review Gabon pre -d and discuss with Goodrich. Sign pre -d and send back to Goodrich. 0.60 09/28/2021 SHB Follow up re: scheduling pre -d conference. 0.10 FOR CURRENT SERVICES RENDERED 9.40 1,927.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.40 $205.00 $1,107.00 SHANA H. BRIDGEMAN 4.00 205.00 820.00 TOTAL CURRENT WORK 1,927.00 BALANCE DUE $1,927.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 34 of 849 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 ACCOUNT NO STATEMENT NO L�� 09/03/2021 SHB Review and approve NOls. 0.40 PE Sort organized and prepared 31 prose notices for 9/14/2021 hearing. Sent notices to printer to be mailed. Converted to PDF/A and e -filed. 7.10 09/04/2021 SHB Review and approve NOls. 0.50 PE Sort organized and prepared 40 notices for 9/14/2021 hearing, convert to PDF/A and e -filed. 7.50 09/07/2021 PE Updated tracking log, updated SHB calendar. Sort and organized 116 subpoenas for 9/28/201 hearing 3.70 09/13/2021 PE Updated tracking log, looked up cases on clerk website. 2.60 09/14/2021 SHB Telephone conference with Hawkins re: trial matters. 0.10 09/15/2021 PE Sort organized and prepared 21 prose notices for 9/28/2021 hearing 2.70 SHB Follow up re: returned mail/address correction. 0.10 09/16/2021 SHB Review and approve NOls. 0.60 PE Sort organized and prepared 42 prose notices. Sent to printer for mailing. Converted to PDF/A and e -filed. 8.00 SHB Review and approve NOls. 0.60 09/17/2021 PE Prepared 39 notices for 9/28/2021 hearing for SHB approval. 2.40 SHB Various correspondence and discussion with PD and staff re: NOI processing and procedures. 1.50 09/18/2021 PE Prepared, converted to PDF/A and e -filed 76 notices for 9/28/2021 hearing 7.30 SHB Review and approve NOls. 0.80 09/20/2021 PE Sort organized and looked up 78 cases on clerk's website. Updated tracking log. Updated SHB calendar. 2.00 SHB Receive and review inquiry re: red light camera notices. Follow up with PD and City Manager. Receive and review order setting sentencing hearing; send to PD for review. 0.40 09/21/2021 SHB Receive and review violator affidavit; transmit to PD for review. 0.10 09/23/2021 PE Prepared 27 prose notices for 10/12/2021 hearing for SHB approval. 3.30 SHB Follow up re: returned mail items. Discuss NOI processing and trial matters with Hawkins. Receive and review affidavit from Dorotheo; forward to PD Page: 1 10/04/2021 306-0806020 37794 Page 35 of 849 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras for review. 09/24/2021 SHB Follow up re: status of NOls and corrected pleadings. 09/27/2021 SHB Telephone conference with atty Peterford re: trial and request to settle case; send update to PD. 09/29/2021 MDC review materials on addition of cameras SHB Various correspondence re: Verra Mobility contract amendment. Follow up re: violator address correction. 09/30/2021 MDC review contracts regarding process for adding intersections, prepare for and attend call with Deputy Chief Snow on process for adding intersections. SHB Review red light contract and amendments and discuss with MDC. Telephone conference with MDC and DC Snow re: addition of new cameras, amendment to agreement, and traffic study. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.20 $205.00 SHANA H. BRIDGEMAN 7.20 205.00 PATRICIA EUGENE 46.60 125.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.60 0.10 0.30 0.20 0.30 1.00 0.80 55.00 TOTAL $246.00 1,476.00 5,825.00 Page: 2 10/04/2021 306-0806020 37794 25.55 25.55 7,572.55 $7,572.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 36 of 849 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 09/01/2021 GB Telephone conference call with City regarding art care and custody agreement. Reviewed documents from City regarding art insurance coverage to ascertain gaps in protection that would need to be filled with agreement. Drafted Care and Custody Agreement for Artwork loaned to the City. Emailed agreement to City for review. SMS Call with CRA counsel and revisions to Quit Claim Deed related to 154-156 NE 3rd Street; Finalize PSA with HeadStart and Commercial Lease Agreement. 09/02/2021 HN Review of Mike Rumpf's emails. Discussion with Lynn Swanson and response to Mike Rumpf's email. Review of Glenn Weiss' suggested revisions, edits to ordinance, email to Lynn Swanson. Email to Mike Rumpf and Glenn Weiss cc JAC and Adam Temple including most recent version of sign ordinance incorporating Glenn Weiss' comments and edits. Email exchange with Mike Rumpf. Review of Mike's edits. Edits to ordinance to incorporate Mike's redlines. Email to Mike Rumpf cc JAC, Glenn Weiss and Adam Temple with most recent version of the sign ordinance. SHB Review and approved agenda items; follow up re: status of remaining agenda items. GB Emails with City regarding art insurance. Telephone conference call with City regarding art insurance and agreement to protect City where insurance coverage does not exist. JAC Review community use policy; call with Commissioner Penserga and follow up regarding resign to run requirements; continue review of Leisureville property and letter of intent; review Heather Needelman's redraft of sign policy; review Danielle Swabe correspondence regarding bamboo Ln. sewer and water connection issues; SMS Correspondences related to ILA for Cherry Hill Auction and calls related to Agenda item. 09/03/2021 BJS Prepare for and attending conference with Adam Temple re: Inspections JAC Follow up research regarding community facility use policies and update research on firearms and in and on municipal property; review final city commission agenda; Prepare for Commission meeting; follow up with Michael Rumpf and Michael Weiner regarding Riverwalk agenda item; SMS Call with staff and review of warranty bond and correspondences related to necessary changes; Statutory review related to items necessary in Warranty Bond for Cortina Phase 3. Page: 1 10/04/2021 306-9001821 37795 HOURS 2.70 1.80 2.40 0.20 0.90 3.50 0.40 0.70 3.00 1.30 Page 37 of 849 Page: 2 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37795 General Matters �� 09/07/2021 HN Email exchange regarding sign ordinance revisions with Mike Rumpf, Glenn Weiss cc JAC and Adam Temple. Review of Mike and Glenn's suggested changes and edited ordinance. Email to Mike, Glenn cc JAC and Adam Temple most recent version of ordinance. Email exchanges with Mike Rumpf. Email exchange with Mike and Adam Temple. 1.60 SMS Research on necessary warranty bond information and review of Warranty Bond for Secured Holdings, Inc. 1.10 JAC Review issues regarding disputed public art fee 10391 Boynton Beach Blvd.; calls with staff regarding same; prepare for Commission meeting; 3.70 09/08/2021 HN knowb4 required training for the city 0.30 QEM Review of correspondence re: Troy's BBQ sponsorship agreement; coordinate with Ms. Swanson. 0.40 JAC On-site office administration issues; prepare for and attend first public hearing 2021 budget and city commission meeting; discuss agenda items with Adam temple and prepare for development agreement presentation; emails regarding quantumAssignment of lease; review Rand Hoch email regarding intersection monument; call with Michael Rumpf regarding Riverwalk; 9.00 JAC Call with Commissioner Penserga regarding agenda items 0.30 SMS Call review and revisions related to PSA and Commercial Lease with Lutheran Services Florida; Review proposed Site Plan and final term sheet. 1.00 SHB Telephone conference with Young re: parks ordinance revisions. 0.60 09/09/2021 HN Review of Mike Rumpf's most recent changes. Phone conference with Mike Rumpf and Adam Temple. Reviewed email exchanges between myself, Mike Rumpf and Glenn Weiss and confirmed that all suggested changes are in the most recent version. 3.40 SMS Revisions and Correspondences to PSA and Commercial Lease Agreement; Review of Utility Easement and Research on water distribution purposes. 2.20 JAC Review pending staff request for assistance and assignments to assist in CityAttorneys; Review and update research concerning COVID-19 related iss u es/face masks and vaccinations for discussion with CityManager and HR director; Follow up concerning budget hearings and special assessment hearings; discuss second budget hearing issues with Lynn Swanson and review draft resolutions concerning special district budget; follow up concerning development agreement content 4.40 09/10/2021 QEM Review of email correspondence and code provisions re: 10391 Boynton Beach, FL (Hypoluxo & Congress) - Public Art Fee. 0.80 BJS Telephone call with JAC and follow up re: Inspections and pending matters 0.30 SMS Conversation and additional review related to Utility Easement at 829 Shore Drive and research on additional drainage easements or alternative methods for constructing drainage outfall. 1.90 JAC Review disposition of property procedures and discuss with Brian Sherman; review tri star claims communication issues; review excess coverage; Review time ledger for discussion with Heather Needelman and request for costs in pending litigation 3.30 09/13/2021 DS Reviewed EBSCO's request revisions to addendum. Revised EBSCO Addendum. Drafted email to city re: EBSCO Addendum. 0.30 RLL Obtain time and price quote to look for deed restrictions on property; order title search. 0.40 Page 38 of 849 Page: 3 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37795 General Matters JAC On-site office administration; miscellaneous conferences with staff; 0.50 BJS discussed status of pending issues with CityManager; review agenda items; 6.00 SMS Correspondences related to Police Microwave Agreement. 0.30 09/14/2021 QEM Review and evaluation of revised Troy's BBQ sponsorship agreement; review of corporate information re: same. 0.80 QEM Review and evaluation of Transparent Language Online for Libraries renewal; coordinate with Ms. Swanson re: matter. 1.70 SHB Telephone conference with from Jack Fleishman re: PRR submitted to PD. Follow up with City re: status of response to request. 0.30 JAC Agenda review in preparation; research and evaluate request for protection 0.20 SHB to crosswalk gay pride intersection and discuss with CityManager; Review 1.20 RLL non -disclosure agreement; review gold coast band documents; review 0.40 09/20/2021 DS correspondence regarding bamboo in palmar infrastructure costs and assessments; review Kanter correspondence and staff response;Review 0.20 citizen complaint regarding condominium building code issues and discuss with staff 4.70 09/15/2021 BJS Review and revise draft memorandum re: HB 1 and Riots 0.20 QEM Review and evaluation of multiple TK Elevator Contract addendums; respond to Ms. Swanson re: same. 0.80 SHB Follow up re: October Commission and executive Team meetings; discuss with Swanson and JAC. Review agenda items. 1.50 JAC Agenda review in preparation; review budget related documents and modify budget impact statement; review Routeware status; 4.20 SMS Correspondences related to Execution and Recording of CRA transfer to the City. 0.20 09/16/2021 SHB Review and approve agenda items. Various correspondence re: agenda review. Telephone conference with Powell re: PRR matters and follow up with Fleishman. 4.00 JAC Review and approve city commission meeting agenda items;Review assistant CityAttorney assignments and work progress; Review and revise real property sale and real property letters of intent issues; review building recertification documents from building official 3.70 SMS Correspondences related to Palm Beach County Microwave Agreement and approval and execution; Correspondences related to CRA Quit Claim Deed. 0.40 09/17/2021 MDC review draft LOI for sale/lease of city property, review information on Page 39 of 849 potentially disruptive citizen 0.50 BJS Review and follow up on pending matters with JAC and draft follow up correspondence to Adam Temple 0.30 JAC Conference call with LL, Capital A.M., and MF concerning sale of real property and LOI process; re -draft to both policy documents; review final agenda items and prepare for commission meeting; follow up concerning canal assessment disputed issue; Follow up preparation for discussion concerning CAO annual budget; Review pending assignments for assistance City Attorneys 5.20 SMS Correspondences related to LSF Agreements. 0.20 SHB Review and approve various agenda items. 1.20 RLL Review deed search on property and request revisions. 0.40 09/20/2021 DS Reviewed ProQuest edits and drafted email to the Library re: the license agreement. 0.20 Page 39 of 849 Page: 4 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37795 General Matters QEM Review and update Traffic Enforcement Agreement; coordinate with Ms. Swanson. 1.90 BJS Review and follow up on pending matters and ordinances re: Abandoned Property and follow up with Lynn Swanson 0.40 SHB Follow up with staff re: PRR request from attorney Fleischman. 0.10 SMS Correspondences related to Microwave Agreement with PD and Payoff Utility Liens. 0.30 JAC Review correspondence from Brad Morton regarding cracker barrel signage on 195 frontage; follow up with staff regarding same; Review SBA analysis of red light camera issue; review follow-up request from Michael Weiner regarding Riverwalk; review request from Sterling Village for traffic enforcement agreement and discuss with Quentin Morgan;Review city of Boca building inspection ordinance and compare to current authority of BB building official and building board of adj and appeals; review and discuss release of claim of lien issue with Sean S; Review abandoned property procedures in ordinance and discuss with Brian Sherman 5.00 09/21/2021 QEM Review and evaluation of Savannah Agreement and CommandAware Agreement; review and edit General PO Terms and Conditions. 3.00 SHB Attend City Commission Meeting. 2.00 RLL Review deed search received on property. 0.40 SMS Correspondences and review of revised First Amendment to County Radio Agreement; Calls and correspondences related to Utility Lien payoff. 0.80 JAC On site preparation for budget hearings and city commission meeting; attend city commission meeting and final budget hearings; follow up notations for new fiscal year; Follow up review regarding records concerning Cracker Barrel pylon sign; review issue concerning bid East water treatment plant 5.50 09/22/2021 QEM Finalize review of Savannah contract and PO terms and conditions update; CommandAware agreement; non -disclosure agreement with Property Appraiser; and coordinate with Ms. Swanson re: same. 2.60 SMS Correspondences related to upcoming agenda items. 0.20 JAC City commission meeting and final budget hearing follow up; discussed pending issues with Lynn Swanson; reply to coastal star inquiry; research concerning vaccine incentives; follow up research regarding mandatory vaccine policies/ federal rules regulations concerning same 3.00 09/23/2021 HN Email to Mike Rumpf cc Adam Temple and JAC following up on the sign ordinance. 0.10 JAC Review issues with staff concerning Citizen advocate and harassment of city staff; discuss with Shana Bridgeman; review FAU professional services issue and form of agreement; 1.50 09/24/2021 SHB Various correspondence re: trespass and affidavit matters. JAC Review and reply to correspondence from Daniel Hardin concerning cracker barrel pylon sign; follow up concerning Leisureville property acquisition objections and title search regarding same;Conference call with Gary' 'Dunmyer guarding pending issues; follow up correspondence to FPL attorney concerning bridge inspection 09/27/2021 QEM Review and edit updated Savannah agreement; coordinate transmittal of comments with Ms. Swanson. 0.30 3.30 1.80 Page 40 of 849 Page: 5 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37795 General Matters 09/28/2021 HN Review of Mike Rumpfs email regarding table 4-15 of the sign ordinance. Email exchange with Mike Rumpf. 0.20 QEM Review and coordinate final review of Savannah agreement with Ms. Swanson. 0.50 MDC Telephone conference call with Jim on pending matters; review inquiry on HOURS HN Email exchange with Mike Rumpf regarding sign ordinance. Discussion with Lynn Swanson re: addressing Mike's concerns with the ordinance. Edits to 0.50 QEM sign ordinance. email exchanges with Mike Rumpf. 0.40 JAC Review pending assignments and distribution to assistant CityAttorneys; 3.60 JAC review MacDonald's request for extension of permitting time and discuss same with MC; follow up regarding execution of new agreement with Routeware; review and sign temporary employment letter; review request 4.40 SHB for a publication of CAFER; review agenda for planning and zoning board meeting and discuss coverage with LS. 4.40 JAC Follow up correspondence with LG concerning beach rangers position and competitive selection/notice of opening issues 0.60 SMS Correspondences related to PSA and Commercial Lease for LSF. 0.10 SHB Various correspondence and discussion re: Mignoli matter. Follow up with Laverriere re: statements. 0.30 09/28/2021 HN Review of Mike Rumpfs email regarding table 4-15 of the sign ordinance. Email exchange with Mike Rumpf. 0.20 QEM Review and coordinate final review of Savannah agreement with Ms. Swanson. 0.50 MDC Telephone conference call with Jim on pending matters; review inquiry on extension of building permits, review statutes, telephone call with John Kuntzman, email response to JK 0.50 QEM Review and edit Facility Use Agreement w/ Pathways to Prosperity. 0.80 SMS Prepare for, and attend Planning & Development Meeting. 3.60 JAC Agenda review;Review status of assistant CityAttorney assignments and correspondence with staff; review title report regarding property adjacent to Leisureville and follow up with CityManager regarding same; 4.40 SHB Follow up re: staff statements regarding citizen harassment; continue preparing form document. 0.60 09/29/2021 HN Email exchange with Mike Rumpf re: sign ordinance cc Adam Temple, JAC and Lynn Swanson. Review of Mike's most recent changes to sign ordinance. Email to Mike cc Adam Temple and JAC with most recent version of the ordinance. Discussion with Adam Temple regarding pending matters. 0.70 QEM Review and coordinate documentation re: Library - LibCal 10 Purchase with Ms. Swanson. 1.30 SHB Various correspondence with City re: lien matters. Discuss pending matters with Swanson. 0.40 JAC Conference call with staff and CRA director regarding development agreement; follow up notations for redraft; continue review of proposed agenda items;Review emails regarding aquatic vegetation related to special assessment; review correspondence regarding utility connections and sewer connection charges 5.50 09/30/2021 JAC Finalize agenda item review and approvals for commission meeting agenda items; review correspondence from State regarding opioid litigation and follow up preparation regarding responses; review correspondence from Palm Beach County regarding mobility V matters;Follow up with Andrew Mack regarding quantum Park Lot 71 and 17 a; review Magnoli correspondence; 3.20 FOR CURRENT SERVICES RENDERED 148.40 18,385.92 Page 41 of 849 CITY OF BOYNTON BEACH General Matters TOTAL CURRENT WORK BALANCE DUE Page: 6 10/04/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37795 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 18,385.92 $18,385.92 Page 42 of 849 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 09/03/2021 JAC Audit pending litigation case pleadings and discuss same with assistance CityAttorneys; Follow up with Lynn Swanson 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 10/04/2021 306-9904950 37796 HOURS 1.50 1.50 307.50 TOTAL $307.50 307.50 $307.50 Page 43 of 849 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. 09/10/2021 JAC Review and reply to Joel Kenwood; follow up in anticipation of settlement of lots 17 A and 71 dispute and land -use issues; FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905206 37797 HOURS 1.10 1.10 225.50 TOTAL $225.50 225.50 $225.50 Page 44 of 849 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 Town Square Development ACCOUNT NO STATEMENT NO 09/01/2021 JAC Continue review of recorded Commission sessions, minutes and back up related to age restricted or independent housing FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 2.20 $205.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905263 37798 HOURS 2.20 2.20 451.00 TOTAL $451.00 0.70 0.70 451.70 $451.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 45 of 849 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. Lindsey, Idella aka Lindsey, Idell, et., al. (The Bank of NY Mellon, et., al.) HOURS 09/23/2021 HN Review of notice of lack of prosecution and order. Review of docket as to new activity in the case. Preparation for hearing tomorrow on the court's notice of lack of prosecution. 0.30 09/24/2021 HN Preparation and attendance of hearing on the judge's notice of lack of prosecution. Email to SHB summarizing the hearing. 0.40 FOR CURRENT SERVICES RENDERED 0.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905391 37799 143.50 $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 46 of 849 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. 534 NW 5th, LLC (Complaint to Quiet Title) 09/28/2021 SHB Receive and review order setting CMC. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN 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 10/04/2021 306-9905401 37800 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 47 of 849 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 Sale to FH Quantum, LLC - Portion of Water Management Tract "I" .[oil]; 09/08/2021 DJD Address Ground Lease Estoppel Certificate. 0.50 09/13/2021 RLL Confirm receipt by client of $10,000.00 payment for assignment of ground lease; work to coordinate signing of assignment of ground lease. 0.50 09/21/2021 RLL Review fully signed assignment of ground lease and forward copy on to attorney for assignee. 0.20 09/22/2021 RLL Advise Gavin Loughlin of requested revisions to estoppel certificate. 0.30 DJD Review Estoppel Certificate. 0.80 FOR CURRENT SERVICES RENDERED 2.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 1.30 $205.00 $266.50 RACHEL L LEACH 1.00 125.00 125.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905430 37801 391.50 5.25 5.25 396.75 $396.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 48 of 849 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 Laurore, Iva and Renan (Code/Foreclosure) L�� 09/23/2021 HN Discussion with clerk's office re: $70 sale fee. Email to clerk's office with information requested. 0.10 09/29/2021 HN Review of email from Adam Temple, review of Chapter 83, Florida Statutes, email to MDC cc JAC. Review of the recorded lis pendens and email response to MDC. Discussion with Adam Temple re: tenants on property and foreclosure sale. 2.10 09/30/2021 HN Discussion with KL regarding eviction foreclosure matters. Meeting with MDC to discuss eviction in the event tenants do not vacate after foreclosure sale. Research re: writ of possession. Review of Chapter law 2020-99. 1.20 MDC meet with HN on foreclosure, tenant issues 0.30 FOR CURRENT SERVICES RENDERED 3.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.30 $205.00 $61.50 HEATHER NEEDELMAN 3.40 205.00 697.00 09/21/2021 Clerk of Court Palm Beach County - Foreclosure Sale Fee for Case No. 502019CA015762 Filing fee TOTAL ADVANCES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905432 37802 70.00 70.00 828.50 $828.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 49 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 37803 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) L�� 09/01/2021 HN Review of email from Norma Loth and email to Lynn Swanson regarding current amount owed on lot mowing liens. 0.10 HN Phone discussion with the property appraiser's office. Review of property appraiser's property summary. Edits to Motion for Summary Judgment memorandum of law regarding property appraiser identification of subject property. Review of Chapter 712, Florida Statutes. Review of Section 193.085(1), F.S., Section 193.0237(1)(b), F.S. Email exchange with MDC and JAC. 2.80 09/02/2021 HN Discussion with RL re: legal description. Edits to Vestiguerne Pierre's affidavit. Edits to motion for summary judgment. Edits to affidavit and review of exhibits. Email to Vestiguerne Pierre with affidavit and corresponding exhibits. 0.90 09/03/2021 HN Review of pierre affidavit and email to pierre w affidavit and documents. Review of email from Vestiguerne Pierre. Email exchange with Vestiguerne. 0.20 09/07/2021 HN Edits to and reduced motion for summary judgment. Review of Celotex and Anderson cases to confirm citations. 1.30 09/08/2021 HN Preparation of affidavit of attorney's fees and review of time ledger. Started drafting motion to strike demand for a jury trial. Researched equitable rights 2.40 09/09/2021 HN drafting motion to strike jury trial and further westlaw research re: equitable remedies and right to jury. Email to MDC cc JAC with draft motion to strike demand for jury trial. 1.80 09/10/2021 HN Review of notes for meeting with JAC today. Review of motion for summary judgment with all exhibits. Phone conference with JAC. 1.40 09/13/2021 HN Edits to Motion to Strike Demand for jury trial. Edits to Motion for Summary Judgement. 0.50 MDC review and provide comments on motion to strike jury trial request 0.30 09/15/2021 JAC Review and prep regarding affidavit for legal fees and costs 0.30 09/17/2021 HN Review and signature of affidavit of costs and legal fees. Review of email to Russell Williams. 0.20 FOR CURRENT SERVICES RENDERED 12.20 2,501.00 Page 50 of 849 Page: 2 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 37803 v. Ho, Benjamin and Karen (Code/Foreclosure) TIMEKEEPER JAMES A. CHEROF MICHAEL D. CIRULLO HEATHER NEEDELMAN RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 0.30 205.00 11.60 205.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE TOTAL $61.50 61.50 2,378.00 22.05 22.05 2,523.05 $2,523.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 51 of 849 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. Wilmington Savings Fund (Smith, Carl, et., al.) 09/17/2021 SHB Review Motion to Disburse Surplus and accompanying case law. Research re: disbursement of funds for homestead property. 09/21/2021 SHB Attend hearing on Motion to Disburse Funds. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905446 37804 HOURS 1.00 0.60 1.60 328.00 TOTAL $328.00 328.00 $328.00 Page 52 of 849 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 09/03/2021 JAC Follow up and review status of the landfill closure correspondence with outside counsel and state FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.40 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905475 37805 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 53 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 37806 Attn: Lynn Swanson Bamboo/Palmer Special Assessment L�� 09/09/2021 DS Reviewed correspondence sent by 806 and 816 Bamboo. Reviewed letters set to palmer/bamboo letters. Discussed status of payment and connection with Utilities. 0.60 09/10/2021 DS Reviewed City Code Ch. 26. Reviewed Florida Statutes Ch. 180. Discussed next steps with MDC and JAC. 1.60 MDC Telephone conference call regarding last properties to connect to sewer 0.20 09/13/2021 DS Discussed termination of water service door hanger with Utilities. Discussed next steps for 806 Bamboo, 816 Bamboo, and 3705 North Federal Highway with Utilities. Drafted email to 806 Bamboo Rd. 0.90 09/14/2021 DS Reviewed and finalized 816 Bamboo water and waste water service agreement, POA, and summary. Drafted email to 816 Bamboo re: payment and connection required. Discussed door hanger notice with Utilities. Reviewed 816 response to email re: payment and connection required. 1.40 09/15/2021 DS Reviewed history of correspondence with 816 Bamboo. Drafted email re: 816 Bamboo. Reviewed 816 Bamboo's response. 0.40 09/17/2021 DS Discussed 816 Bamboo with Rosechek. 0.20 09/28/2021 DS Discussed status of payment for Bamboo and Fed Highway properties and process for shut off with Keller. 0.40 09/29/2021 DS Discussed water shut off process with Dunn. Discussed 3705 Fed Highway with Mack. Drafted email re: status of bamboo/palmer properties to J.A.C. 0.70 FOR CURRENT SERVICES RENDERED 6.40 1,312.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $205.00 $41.00 DANIELLE SCHWABE 6.20 205.00 1,271.00 TOTAL CURRENT WORK 1,312.00 BALANCE DUE $1,312.00 Page 54 of 849 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. Sterling Village Condominium (Duperault, Don) HOURS 09/14/2021 SHB Receive and review Motion to AMend Final Judgment. Telephone conference with counsel for defense. Follow up re: hearing matters. 0.40 09/15/2021 HN Email exchanges with SHB re: covering 9/22 hearing. Review of file. Email to SHB. 1.20 09/16/2021 SHB Receive and review Plaintiffs response to defendant's motion to set aside judgment. Follow up with HN re: hearing. 0.20 SHB Receive and review Plaintiff's response to motion; follow up with HN. 0.30 09/21/2021 HN Review of package of materials sent from Defendant, Sterling Land Trust, for tomorrow's hearing on their motion to set aside final judgment or in the alternative entry of an amended final judgment. 0.50 09/22/2021 HN Preparation and attendance of zoom hearing on defendant's motion to set aside final judgment or in the alternative to amend the final judgment amount. Email to SHB informing of the Judge's ruling. 0.70 09/24/2021 SHB Receive and review Order Setting Hearing. 0.10 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.40 $205.00 $492.00 SHANA H. BRIDGEMAN 1.00 205.00 205.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905512 37807 697.00 697.00 $697.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 55 of 849 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 09/07/2021 SHB Receive and review correspondence from City re: satisfaction of liens. Begin drafting Amended Answer and Disclaimer of Interest. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.50 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905517 37808 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 56 of 849 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 v. Rudderow, Scott David (RPO) ACCOUNT NO STATEMENT NO 09/21/2021 SHB Receive notice from Clerk re: upcoming expiration of RPO. Follow up with Gorfido re: extension of RPO. 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 10/04/2021 306-9905520 37809 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 57 of 849 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. JKM BTS Capital, LLC (Declaratory Action) HOURS 09/01/2021 GB Telephone conference call with JAC regarding scheduling deposition and upcoming trial deadlines. Emails with Joanne O'Connor regarding documents from Dave Bower, JKM's expert witnesses, and discovery. Received and reviewed field notes and as builds produced by Dave Bower. 1.20 JAC Review discovery issues; calls to Commissioners regarding depositions; research protective order 0.80 09/02/2021 GB Telephone conference call with City regarding as builds for town square project. Email to City documents produced by Dave Bower in response to subpoena duces tecum. Emails with E21- regarding trial testimony. Email with Joanne O'Connor regarding phone call with E2L. 0.50 JAC Confer with Gal Betesh and review attorney correspondence concerning depositions and remaining discovery; follow up with LL 0.40 09/03/2021 JAC Review outside counsel end of week summation; follow up with LL 0.30 09/07/2021 GB Emails with Joanne O'Connor and Tom Baird re: Colin's deposition. Edits to outline for Colin's deposition. Reviewed file and added documents to exhibit list. Reviewed email from City regarding as builds and records email to Joanne regarding findings in documents reviewed and impressions. 3.60 09/08/2021 GB Emails with Mark Hefferin regarding trial. Emails with Joanne O'Connor and Tom Baird regarding Colin Groffs deposition. Emails with Joanne O'Connor regarding E2L. Drafted subpoena to Colin Groff for his deposition. Telephone conference call with Mark Hefferin, Kelley Hefferin and Joanne O'Connor re: trial. Telephone conference call wit Joanne O'Connor regarding Colin's depo and trial. 1.80 JAC Follow up with manager regarding site plan and independent living document submittal from JKM 0.30 09/09/2021 GB Emails with Joanne O'Connor regarding Foster Marine Subpoena. Emails with Tom Baird regarding Colin Groffs deposition. Emails with opposing counsel regarding Josh Horning and Carlos Mercados' depositions. Emails with Joanne O'Connor regarding deposition of City representative. Received and reviewed topics by JKM of for City's representative's deposition and email to Joanne regarding objections. Emails with Joanne Regarding Dave Bower's deposition. Conversation with City regarding City representative deposition. 0.60 09/10/2021 GB Telephone conference call with Joanne O'Connor regarding upcoming depositions, exhibits and witnesses. Updated witness list updated exhibit list Page: 1 10/04/2021 306-9905525 37810 Page 58 of 849 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO: v. JKM BTS Capital, LLC (Declaratory Action) HOURS and had same filed. Prepared for depositions of non party witnesses. 4.00 JAC Review correspondence from Stempler concerning site plan; follow up concerning status and closure of mediation process; email with Tom Baird; discussed with LL; 0.80 09/13/2021 GB Reviewed and compared all record as builds provided by non parties including Dave Bower, Foster Marine and Haskell in preparation for Josh Horning's deposition. Drafted timeline of stub -outs per various as builds. Email to Joanne O'Connor regarding timeline and deposition. Telephone conference call with Judicial Assistant regarding trial setting. Emails to Joanne O'Connor regarding conversations with Judicial Assistant. Reviewed file regarding all documents relevant to geotechnical certification requirement under the development agreement in preparation for deposition of Carlos Mercado. Telephone conference call with Tom Baird and Joanne O'Connor in preparation for upcoming depositions of non party witnesses Josh Horning and Carlos Mercado. JAC Follow up with mediator regarding status of mediation; review correspondence and review status of trial discovery 09/14/2021 GB Prepared for and attended deposition of Josh Horning. Prepared and attended deposition of Carlos Mercado. Gathered documents showing waiver by JKM in preparation for hearing on JKM's objection and motion for protective order 09/17/2021 GB Emails with JAC regarding mediation report and depositions. Received and reviewed City's Response to JKM's Objection to JKM's Corporate Representative Deposition Topics and emails with Joanne O'Connor regarding response. 09/20/2021 GB Emails with Joanne O'Connor regarding Colin Groff's deposition and documents responsive to subpoena duces tecum from Foster Marine and Dave Bower. Telephone conference call with Joanne O'Connor regarding discovery. Reviewed and made comments and edits to Colin Groff Deposition Outline. Email to Joanne O'Connor and Tom Baird regarding Colin Groffs Deposition outline. 09/21/2021 GB Meeting with Andrew Mack regarding City's Corporate Representative deposition. Emails with Colin Groff regarding zoom information for his deposition. Emails with Joanne O'Connor and Tom Baird regarding depositions. JAC Discuss and review pending pretrial issues with Gal Betesh; correspondence with litigation counsel; Discuss depositions with CityManager 09/22/2021 GB Prepared for and attended Colin Groff's deposition. Worked with Jones Foster to organize exhibits and finalize outline. Meetings with Tom Baird to prepare for Colin Groffs deposition. Post deposition meeting with Tom and Joanne. Telephone conference call with JAC regarding deposition of Colin Groff. 09/23/2021 GB Prepare for and attend pre-depo prep meeting with Joanne O'Connor, Tom Baird, and Andrew Mack. Email to opposing counsel regarding exhibits to Colin Groffs deposition. Email to Andrew Mack regarding documents. Telephone conference call with building department regarding TCO and CO and City Hall. 4.10 NIM 5.50 0.50 1.60 0.30 1.40 7.00 Page: 2 10/04/2021 306-9905525 37810 4.10 Page 59 of 849 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO v. JKM BTS Capital, LLC (Declaratory Action) 09/24/2021 GB Emails with Joanne O'Connor regarding exhibits and Andrew Mack's deposition. Telephone conference call with Andrew Mack regarding his deposition. 09/27/2021 GB Updated exhibit list for trial. Emails with Joanne O'Connor regarding exhibit list. JAC Review public records request and related Litigation request for production; miscellaneous follow up with litigation team 09/28/2021 GB Received and reviewed JKM's 2nd Request for Production. Drafted notes for possible responses and objections to JKM's 2nd Request for Production. Emails with Joanne O'Connor regarding JKM's 2nd Request for Production. Received and reviewed outline for Mark LeBlanc's deposition and added questions to outline. Reviewed JKM's responses to interrogatories and expert witness list in preparation for Mark LeBlanc's deposition. 09/30/2021 GB Emails with JAC, Joanne O'Connor and Tom Baird regarding outstanding matter and strategy moving forward. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 5.50 $205.00 GAL BETESH 38.10 205.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 09/02/2021 Compass Investigations - Invoice 2021008184 09/15/2021 Prestige Reporting Service - Invoice 105809 09/28/2021 Prestige Reporting Service - Invoice 106068 Depo 08/06/2021 Services Tripp Scott, P.A. - Mediation June 23,2021 09/07/2021 Tripp Scott, P.A. - Mediation Professional Services TOTAL ADVANCES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 3 10/04/2021 306-9905525 37810 �� 0.80 0.70 1.60 0.30 43.60 8,938.00 TOTAL $1,127.50 7,810.50 N..9, 80.00 965.00 260.00 1,305.00 1,417.50 1,665.00 3,082.50 4,387.50 13,422.10 $13,422.10 Page 60 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905528 Boynton Beach FL 33435 STATEMENT NO: 37811 Attn: Lynn Swanson Sara Sims Park Plat - examination of title to approve Plat HOURS 09/16/2021 MDC review materials, prepare memo to City Manager 0.60 09/17/2021 MDC continue preparing memo to City Manager 0.30 FOR CURRENT SERVICES RENDERED 0.90 184.50 TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.90 $205.00 $184.50 184.50 $184.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 61 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905534 Boynton Beach FL 33435 STATEMENT NO: 37812 Attn: Lynn Swanson adv. Boynton Leisureville Community (Schmidt, Arthur) Photocopies 14.35 TOTAL EXPENSES THRU 09/30/2021 14.35 09/17/2021 Chicago Title Insurance Company - Invoice 9857726 250.00 Title Search 250.00 TOTAL ADVANCES THRU 09/30/2021 250.00 TOTAL CURRENT WORK 1,084.35 BALANCE DUE $1,084.35 Page 62 of 849 HOURS 09/02/2021 SHB Receive and review update lien amount from City. Receive and review proposed order and motion to disburse funds. Send comments and revisions to counsel. 1.30 09/22/2021 HN Discussion with SHB re: the bank foreclosing its interest on the property. Review of file. 0.80 SHB Follow up with City re: lien release and satisfaction matters. Review pleadings and loan documents and discuss case matters with JAC and HN. 0.70 09/23/2021 HN research related to surplus funds in light of bank filing for foreclosure. Email to SHB re: Garcia case with legal analysis. 0.80 09/24/2021 HN Email exchange with SHB regarding release of lien. 0.10 SHB Discuss case and lien matters with HN and Swanson. 0.30 FOR CURRENT SERVICES RENDERED 4.00 820.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.70 $205.00 $348.50 SHANA H. BRIDGEMAN 2.30 205.00 471.50 Photocopies 14.35 TOTAL EXPENSES THRU 09/30/2021 14.35 09/17/2021 Chicago Title Insurance Company - Invoice 9857726 250.00 Title Search 250.00 TOTAL ADVANCES THRU 09/30/2021 250.00 TOTAL CURRENT WORK 1,084.35 BALANCE DUE $1,084.35 Page 62 of 849 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 PBA Captains Unit Formation 2021 ACCOUNT NO STATEMENT NO HOURS 09/10/2021 JAC Review and forward order directing elections; miscellaneous prep concerning same and review last lieutenants collective-bargaining agreement, last sergeant collective bargaining agreement, and outlined provisions for anticipated captains collective bargaining agreement for discussion with Julie Oldbury 1.70 JAC Conference call with managers team concerning timing of collective-bargaining with captains unit; reclassification recommendation of chief; follow up PERC research concerning title change; review and respond to correspondence from city commissioner concerning effect of reclassification on pending election 1.70 09/15/2021 JAC Conference call with manager and team regarding budget documents related to reclassification following PERC hearing; miscellaneous research regarding same 1.20 09/16/2021 JAC Assist in budget message preparation and follow up inquiries from city commissioner regarding police department re -organization following PERC action 1.70 09/28/2021 JAC Review correspondence and status of election; discuss roll out of reclassification with chief and Julie Oldbury 0.60 FOR CURRENT SERVICES RENDERED 6.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.90 $205.00 $1,414.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905542 37813 1,414.50 1,414.50 $1,414.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 63 of 849 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 Canal Maintenance Special Assessment ACCOUNT NO STATEMENT NO 09/01/2021 JAC Follow up regarding attorney Casio's communications concerning canal assessments; discuss with MC and follow up with Lynn Swanson 09/03/2021 JAC Review and prep for special assessment and adoption public hearing 09/08/2021 JAC Wrapup first annual canal assessment commission approval and notate file re: public comments concerning cost recovery from county/state 09/20/2021 MDC review ordinance and advise Jim Cherof on reconsideration FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.00 $205.00 0.30 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905552 37814 HOURS 0.80 0.50 0.70 0.30 2.30 471.50 TOTAL $410.00 61.50 471.50 $471.50 Page 64 of 849 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 City of Boynton Beach, Beneficiary of the Estate of Bernard Winiker 09/13/2021 SMS Review Letter to Beneficiaries. FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ 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 10/04/2021 306-9905560 37815 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 65 of 849 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. Yoakum, Timothy C. (RLC Appeal) ACCOUNT NO STATEMENT NO 09/13/2021 SHB Discuss case matters with MDC. 09/14/2021 SHB Prepare Motion to Strike Initial Brief. 09/27/2021 SHB Receive and review response to City's Motion to Strike. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 1.30 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.80 0.20 1.30 Page: 1 10/04/2021 306-9905565 37816 266.50 $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 66 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 37817 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 09/01/2021 HN Review of documents in file for initial disclosures. Edits to initial disclosures. 2.80 09/02/2021 HN Review of draft initial disclosures. Email to John Kuntzman with request for documents. Review of Rule 26 re: initial disclosures. Discussion with Shane Kittendorf as we are listing him as someone with knowledge and he was also listed as a witness by the Plaintiffs. Review of Rule 26 re: when expert reports are required. Edits to second request for clerk to appoint mediator. Email to Karen and Wing Ho with draft request. 2.50 09/03/2021 HN Review of initial disclosures and edits. Review of filed second request for clerk appointment. Review of email to Karen and Wing Ho. 0.30 09/07/2021 HN Review and edits of initial disclosures. Email following up on mediator assignment. Review of federal rule of civil procedure 56 re: recovering costs and attorneys fees. Review of email from John Kuntzman and review of documents sent. Email response to John. 1.60 09/08/2021 HN Review of clerk's appointment of a mediator. Edits to initial disclosures. Phone discussion with John Kuntzman. 0.40 09/09/2021 HN Discussion with Mediator's office about our deadline to conduct the mediation. 0.20 09/10/2021 HN Review of email from mediator's office. Email to Julie Oldbury with dates for mediation. Discussion with GB. Review of Email from Julie. Review of notes for meeting with JAC today. Review of email to Karen and Wing Ho re: mediation dates. Review of federal rules of civil procedure and local rules re: right to jury trial. 0.70 09/13/2021 HN Email to GB regarding subpoena for engineer. Called Karen Ho and Wing Ho. Discussed matter with GB. Emailed Karen and Wing Ho to confer on motion to compel in the event they do not provide their initial disclosures by this Wednesday. Review of plaintiffs discovery plan. Review of the federal rules and local rules of civil procedure relating to motions to compel. 1.30 GB Emails with HN regarding subpoena for depositions. Called Plaintiffs in an attempted to confer in good faith before filing motion to compel initial disclosures. 0.30 09/14/2021 HN Phonce conference with Karen Ho to discuss possible motion to compel if we do not receive their initial disclosures, mediation, and Plaintiffs making an offer. Phone discussion with Julie Oldbury. Email to Karen Ho Page 67 of 849 Page: 2 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 37817 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) memorializing discussion re: mediation date. Discussions with GB and JAC recapping discussions with Karen Ho. Review of emails with the mediator's office re: mediation date. Review of emails from Karen Ho. Review of the property appraisers summary for 1101 N federal highway. Review of the federal rules of civil procedure re: consolidating cases. 09/16/2021 SHB Discuss witness and deposition matters with HN. 09/17/2021 HN Review of Karen and Wing Ho discovery report filed on 9/15. Review of the court's notice to karen and wing ho. Review of emails with the mediator's office. Review of Judge's paperless order to pro se litigants. Email to Karen Ho cc Wing Ho and GB re: initial disclosures. Discussions with GB. Review of notice of mediation. Review of federal civil rules handbook regarding depositions of experts, review of Taylor v. Mentor Worldwide, review of rule 26 in federal rules and in local rules. Discussion with SHB. 09/20/2021 HN Drafted motion to compel, Review of Rule 26(a), Review of Rule 37, review of Local Rule 26.1(g). Email to GB with draft motion to compel. GB Received and reviewed motion to compel Plaintiffs to disclose topics of testimony for their witnesses in initial disclosures. Meeting with HN regarding Motion to Compel and case strategy. 09/21/2021 HN Email to GB re: motion to compel. 09/23/2021 HN Review of federal civil rules handbook regarding expert disclosures. Review of local and federal rules of civil procedure. Started drafting motion to compel expert disclosures. 09/27/2021 HN Review of Rule 26(a)(2), review of Taylor v. Mentor Worldwide, drafted motion to compel, email to GB for comment. Discussion with GB and edits to motion to compel. Edits to motion to compel. Review of pretrial scheduling order, discussions with GB. GB Edits to Motion to Compel. Meeting with HN regarding motion. 09/28/2021 HN Edits to motion to compel, drafted proposed order granting motion to compel, email to GB for review. Email to Karen and Wing Ho as a good faith attempt to confer with them and attached motion to compel and the proposed order. Discussion with GB re: order on motion to compel. Email to Karen and Wing Ho with revised motion to compel and proposed order. GB Reviewed and comments to Order on City's Motion to Compel. Emails with HN regarding Order. meeting with HN regarding Motion to Compel. 09/30/2021 HN Final review of motion to compel and proposed order. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 22.30 $205.00 GAL BETESH 1.50 205.00 SHANA H. BRIDGEMAN 0.10 205.00 �� 2.40 0.10 2.20 1.30 0.50 0.10 1.20 3.50 0.30 1.60 0.40 0.20 23.90 4,899.50 TOTAL $4,571.50 307.50 20.50 Page 68 of 849 CITY OF BOYNTON BEACH adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) Page: 3 10/04/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 37817 09/08/2021 Federal Express - Invoice 7-499-23584 21.35 Fed Ex 21.35 TOTAL ADVANCES THRU 09/30/2021 21.35 TOTAL CURRENT WORK 4,920.85 BALANCE DUE $4,920.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 69 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905572 Boynton Beach FL 33435 STATEMENT NO: 37818 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) HOURS 09/02/2021 BJS Review orders for hearing and follow up with the Court 0.30 CLD Drafted and uploaded to court OLS, the order to reschedule the APH to 9/24/21. 0.40 09/03/2021 BJS Review and follow up re: Orders and court mandated filings 0.30 CLD Drafted/uploaded to court OLS the Order Directing Claimant to Appear; drafted email to Ms. Tiffenberg re: order rescheduling APH. 0.60 09/10/2021 BJS Follow up with Staff re: status of exhibits 0.30 CLD Began assembling exhibits; drafted indexes for binders. 1.00 09/13/2021 BJS Review reports and documents provided by the City, review pictures, reports, review documents provided by Jessie Webb and transmit which exhibits will be used for the Adversarial Preliminary Hearing to staff 1.30 CLD Continued identifying, assembly, and marking of exhibits for APH hearing. 0.70 09/15/2021 BJS Review Plaintiffs and Defendant's Exhibits for Adversarial Preliminary Hearing 1.00 09/16/2021 CLD Phone call to Main Detention Center who advised Claimant's dorm was under quarantine; drafted email to the court re: same. 0.40 09/17/2021 BJS Legal Research, review exhibits, prepare binders and exhibits for submission to the Court and review transmittals re:: Adversarial Preliminary Hearing 2.00 CLD Finalized exhibit indexes; drafted cover letter to Judge Goodman enclosing exhibit binders; coordinate assembly and pickup/delivery of the binders; drafted and e -filed Witness List for the City and the Claimant. 2.50 09/21/2021 CLD Phone call to judicial assistant re: exhibit binders and uploading the Order Directing Claimant to Appear to the Detention Center; drafted email to Sally Tiffenberg confirming delivery of Plaintiff's exhibits to Mr. Webb and providing copy of Witness List. 0.50 09/23/2021 BJS Telephone call with Tom D'Andrea and Officer Autillo re: Preparation for APH 0.30 CLD Phone conversation with judicial assistant re: upcoming APH hearing and the Order Directing Claimant to Appear; follow up confirmation email and transmittal of Witness List; phone call made to Main Detention Center confirming Mr. Webb's dorm was not under quarantine and advised the court of same. 0.90 Page 70 of 849 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) 09/24/2021 BJS Attend Zoom hearing with officers and Tom D'Andrea re: Adversarial Preliminary Hearing at the Boynton Beach Police Department CLD Drafted proposed order after APH hearing. 09/27/2021 BJS Telephone call with Chief Snow re: APH Debrief 09/29/2021 BJS Review and revise proposed order re: Adversarial Preliminary Hearing and follow up re: transmittal to the Court 09/30/2021 CLD Drafted letters to Judge Goodman and to Mr. Webb enclosing the proposed order on APH hearing of 9/24/21; coordinated fedx and mail delivery of same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE CYNTHIA L. DUNN 8.00 $125.00 BRIAN J. SHERMAN 17.00 205.00 Color photocopies Photocopies TOTAL EXPENSES THRU 09/30/2021 09/30/2021 Prestige Reporting Service - Invoice 106139 Depo 09/03/2021 Federal Express - Invoice 7-499-23584 09/17/2021 Federal Express - Invoice 7-514-06748 09/17/2021 Federal Express - Invoice 7-514-06748 Fed Ex TOTAL ADVANCES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 10/04/2021 306-9905572 37818 HOURS 8.50 0.40 0.50 2.50 0.60 25.00 4,485.00 TOTAL $1,000.00 3,485.00 39.90 244.65 284.55 !1.1i1telt 450.00 17.25 19.06 17.72 54.03 504.03 5,273.58 $5,273.58 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 71 of 849 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. Specialized Loan Servicing (Schmidt, Arthur) L�� 09/09/2021 SHB Prepare and file Answer to Complaint. 1.00 09/15/2021 SHB Receive and review Reply to affirmative defenses. 0.10 09/22/2021 HN Discussion with SHB re: the bank foreclosing its interest on the property. Review of file. 0.80 SHB Follow up with City re: lien release and satisfaction matters. Review pleadings and loan documents and discuss case matters with JAC and HN. 0.70 09/23/2021 HN research related to surplus funds in light of bank filing for foreclosure. Email to SHB re: Garcia case with legal analysis. 0.80 09/24/2021 SHB Discuss case and lien matters with HN and Swanson. 0.30 FOR CURRENT SERVICES RENDERED 3.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.60 $205.00 $328.00 SHANA H. BRIDGEMAN 2.10 205.00 430.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905580 37819 758.50 $758.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 72 of 849 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. Wilmington Savings Fund (Denson, Gracie) 09/07/2021 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 1.00 1.00 RECAPITULATION HOURS HOURLY RATE TOTAL 1.00 $205.00 $205.00 Page: 1 10/04/2021 306-9905581 37820 205.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 73 of 849 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. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 09/09/2021 GB Email with opposing counsel regarding Thomas Wallace's deposition. Legal research regarding exemption of police officer's address from public records. Meeting with MDC regarding exemption. 0.50 09/17/2021 GB Legal research regarding obligation to discuss information protected under the 119.071 in response to Plaintiffs' Motion to Compel Address of Thomas Wallace. 1.30 09/20/2021 GB Emails with opposing counsel regarding Plaintiffs' Motion to Compel. 0.10 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.90 $205.00 $389.50 07/27/2021 Pleasanton & Marsaa Court Reporting - Invoice 17028 Depo TOTAL ADVANCES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 10/04/2021 306-9905190 37821 730.50 $730.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 74 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 37822 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP HOURS 09/01/2021 GB Telephone conference call with Dr. Stock regarding upcoming trial. Drafted e calendar call form and email to opposing counsel regarding a calendar and pre trial stipulations. Prepared for and attended Broberg's deposition. 2.00 09/02/2021 GB Legal research regarding pre trial conference. Drafted Motion Requesting Pre Trial Conference. Email with Opposing counsel regarding setting Motion for hearing. Email BRIT Motion for Summary Judgment. Prepared for trial reviewing exhibits and Plaintiffs personnel file. Telephone conference call with JAC regarding pre trial stipulations. Edits to pre trial stipulations and email to opposing counsel for review and approval. Legal research regarding jury instructions for all causes of action asserted in amended complaint. Telephone conference call with JAC regarding email received from Broberg remembering additional facts from deposition. Emails with Broberg and opposing counsel regarding additional facts remembers. 3.50 09/03/2021 GB Trial preparation, drafted opening statement, began drafting pre trial report for tristart/brit. 5.00 09/09/2021 GB Telephone conference call with Suzanne Crawford regarding trial. 0.30 09/10/2021 GB Telephone conference call with trial witness regarding trial. Legal research regarding notice of confidential information. Drafted notice of confidential information. 0.80 09/12/2021 GB Trial preparation. Reviewed exhibit on Plaintiffs exhibits list and notes objections. Drafted outline per cause of action and which witness will assist with proving an element or defense. Notes objections to exhibits. 5.00 09/14/2021 GB Attended hearing on request for pre trial conference. Began drafting Motion in Limine to exclude testimony and evidence attempting to prove the truth of the allegations contains in Plaintiffs alleged protected disclosures. 1.00 09/17/2021 GB Emails with non-party witness regarding confidential information. Received and reviewed Clerk's direction to file a Motion requesting the information be redacted. Drafted Motion requesting redaction of former police officer's personal information. 0.40 Page 75 of 849 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: adv. Ryan, Ronald (whistleblower PD) HOURS 09/19/2021 GB Drafted Motion in Limine. Trial preparation reviewed all exhibits in Plaintiff's exhibit list and all of City's exhibits in preparation for trial. 7.00 09/20/2021 GB Attended calendar call. Email to JAC and MDC regarding calendar call results. Email with Judicial Assistant regarding Motions in Limine and Motion for Summary Judgment hearings. Drafted and had filed notice of filing Jonathon Feltgen's deposition. 1.10 JAC Continue review and preparation of pre-trial matters 1.20 09/21/2021 GB Prepared for and attended closed door session. Telephone conference call with City regarding insurance policy. Reviewed insurance policy in preparation for closed door session. Emails with MDC regarding pre trial meeting. Telephone conference call with JAC regarding pre trial meeting. Emails with Judicial Assistant regarding Motions in Limine and Motion for Summary Judgment hearings. Telephone conference call with opposing counsel regarding hearing dates. 2.90 JAC Prepare for, attend, and follow up regarding closed door session and settlement options; additional review of issues for pre-trial statement 1.50 09/22/2021 GB Emails with opposing counsel regarding calendar call and Motion for Summary Judgment and Motions in Limine hearings. 0.10 09/23/2021 GB Telephone conference call with JAC regarding settlement with Plaintiff. Telephone conference call with Plaintiff's counsel regarding settlement. Trial preparation. Drafted questions for witnesses. 1.30 09/24/2021 MDC confrence with Jim Cherof and Gal Betesh regarding pending motions in limine, motion of summary judgment, proposed stipulation, misc witness issues and trial preparation matters 1.10 JAC Pre-trial conference with GB and MC; follow up research concerning her instructions; Discuss options for settlement and timing of related hearing some motion in limine and motion for summary judgment 2.00 GB Prepared for trial. Drafted trial outline. Edits to Pre trial stipulation. Meeting and JAC and MDC in preparation for trial. Email to BRIT regarding being placed on trial docket. 6.00 09/27/2021 GB Telephone conference calls with JAC regarding settlement. Telephone conference calls with opposing counsel and JAC regarding settlement. Telephone conference call with City regarding settlement. Emails with Court regarding Motions in Limine hearing. Prepared for Motions in Limine hearing. 2.60 09/28/2021 GB Telephone conference calls with opposing counsel regarding settlement. Drafted and file response in opposition to Plaintiff's request to reset motions in limine hearing. Email to opposing counsel regarding hearing on his request to reset motion in limine. 1.30 09/29/2021 GB Telephone conference call with BRIT regarding settlement and case status. Telephone conference call with JAC regarding update from BRIT. Telephone conference call with City regarding case status. Prepared for trial and Motion in Limine hearing. 2.40 JAC Continue discussion regarding settlement; follow up with Gal Betesh regarding pending motions 0.50 Page: 2 10/04/2021 306-9905216 37822 Page 76 of 849 Page: 3 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 37822 adv. Ryan, Ronald (whistleblower PD) RECAPITULATION TIMEKEEPER HOURS 09/30/2021 MDC confer with GB on status of case, order removing case from trial calendar TOTAL and settlement 0.20 GB Prepared for and attended hearing on Plaintiffs request to postpone Motion $1,148.00 in Limine hearing. Prepared for Motion in Limine hearing. Emails with JAC 1.30 and MDC regarding order from the Court removing case from trial docket. 266.50 Telephone conference call with City regarding case status. Email to BRIT 46.60 regarding case status. Began preparing for Motion for Summary Judgment 9,553.00 hearing. 3.90 JAC Review order a striking trial setting; follow up call with GB regarding offer of 2021008347 settlement and need for correspondence concerning deadline 0.40 FOR CURRENT SERVICES RENDERED 53.50 10,967.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.60 $205.00 $1,148.00 MICHAEL D. CIRULLO 1.30 205.00 266.50 GAL BETESH 46.60 205.00 9,553.00 Photocopies 2,067.45 TOTAL EXPENSES THRU 09/30/2021 2,067.45 09/02/2021 Compass Investigations - Invoice 2021008135 195.00 09/02/2021 Compass Investigations - Invoice 2021008134 80.00 09/09/2021 Pleasanton & Marsaa Court Reporting - Invoice 17400 123.00 09/09/2021 Compass Investigations - Invoice 2021008347 40.00 09/10/2021 Compass Investigations - Invoice 2021008405 155.00 09/10/2021 Compass Investigations - Invoice 2021008473 58.00 09/10/2021 Compass Investigations - Invoice 2021008474 58.00 09/10/2021 Compass Investigations - Invoice 2021008475 58.00 09/10/2021 Compass Investigations - Invoice 2021008476 58.00 09/10/2021 Compass Investigations - Invoice 2021008346 58.00 Depo 883.00 IC���_1�_1H%1►[y��::I:i�I�I'7K�i7f��iy�i :I:i��d� TOTAL CURRENT WORK 13,917.95 BALANCE DUE $13,917.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 77 of 849 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. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 ACCOUNT NO STATEMENT NO 09/09/2021 GB Email with opposing counsel regarding mediation. 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 10/04/2021 306-9905369 37823 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 78 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 37824 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 HOURS 09/07/2021 GB Legal research regarding objections to deposition designations. Began reviewing all deposition transcripts in this matter for depositions designation and counter deposition designations. 2.10 09/08/2021 GB Emails with opposing counsel regarding deposition designation and counter deposition designations. Reviewed Motion for Summary Judgment and deposition transcripts and drafted City's deposition designation and counter deposition designations. Telephone conference call with attorney Ann Breeden regarding deposition designation and upcoming trial deadlines. 4.10 09/09/2021 GB Emails with opposing counsel regarding counter deposition designations. Telephone conference call with opposing counsel regarding counter - deposition designations. Finalized and filed counter deposition designations. 0.50 FOR CURRENT SERVICES RENDERED 6.70 1,373.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.70 $205.00 $1,373.50 06/18/2021 Matrix Mediation - Invoice 151875 926.68 Depo 926.68 TOTAL ADVANCES THRU 09/30/2021 926.68 TOTAL CURRENT WORK 2,300.18 BALANCE DUE $2,300.18 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 79 of 849 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. Estella, Jean (MVA) Billing Category: 18 - RLO Claim #19798151 09/30/2021 GB Received and reviewed Complaint and discovery in preparation for responding to Complaint and discovery. Emailed to City and tristar regarding lawsuit filed. Reviewed pre suit claim, analysis by tristar and presuit letter. FOR CURRENT SERVICES RENDERED UAL CSC I CJt'I TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905444 37825 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 80 of 849 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. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim #20805293 09/17/2021 GB Email to opposing counsel regarding denial of settlement offer. Email to City regarding update. Telephone conference call with opposing counsel regarding settlement. 09/21/2021 GB Email to City regarding claimant's settlement offer. 09/22/2021 GB Email with opposing counsel with City's counter settlement offer. 09/23/2021 GB Telephone conference call opposing counsel regarding settlement. Telephone conference call with Tristar regarding requirements for medicare lien. Telephone conference call with City regarding settlement. Emails with City and opposing counsel regarding claim and settlement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.30 $205.00 09/10/2021 Surveillance, LLC - Invoice CANTRELL 21-09 Depo TOTAL ADVANCES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.70 0.10 0.10 1.40 2.30 Page: 1 10/04/2021 306-9905459 37826 A Aco r%r% 1,527.50 $1,527.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 81 of 849 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. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 ACCOUNT NO STATEMENT NO 09/01/2021 GB Telephone conference call with City regarding discovery. 09/02/2021 GB Emails with opposing counsel regarding Motion to Dismiss and pre -suit notice. Emails with the City regarding pre -suit notice from Flake. 09/07/2021 GB Began drafting responses to interrogatories and reviewed documents from City in response to Plaintiff's request for production. 09/08/2021 GB Continued reviewing documents produced by City in response to request for production and answers to interrogatories. 09/09/2021 GB Email with opposing counsel regarding Motion to Dismiss hearing. 09/12/2021 GB Reviewed documents produced by City in response to discovery and continued drafting responses to Plaintiffs first set of discovery requests. 09/13/2021 GB Email to Tristar regarding complaint and motion to dismiss. Continued drafting responses to Plaintiff's first and second set of discovery requests. Email to City regarding additional documents needed. 09/17/2021 GB Emails to City regarding interrogatories. 09/21/2021 GB Emails with opposing counsel regarding discovery. 09/28/2021 GB Reviewed videos and other documents provided by the City in preparing a response to Plaintiffs Second Request for Production. 09/29/2021 GB Finalized City's responses to Plaintiffs discovery requests and had same filed and served on the Plaintiff. 09/30/2021 GB Drafted Request for Production and First Set of Interrogatories to Plaintiff. FOR CURRENT SERVICES RENDERED HOURS 0.20 0.20 0.60 0.40 0.10 1.00 0.50 0.20 0.40 2.00 1.20 1.10 7.90 Page: 1 10/04/2021 306-9905492 37827 1,619.50 RECAPITULATION HOURS HOURLY RATE TOTAL 7.90 $205.00 $1,619.50 Page 82 of 849 CITY OF BOYNTON BEACH adv. Flake, Natalie (MVA) TOTAL CURRENT WORK BALANCE DUE Page: 2 10/04/2021 ACCOUNT NO: 306-9905492 STATEMENT NO: 37827 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,619.50 $1,619.50 Page 83 of 849 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 10/04/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 37828 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 HOURS 09/02/2021 JAC Review incoming pleadings; discussed status of case with Gal Betesh 0.20 09/08/2021 GB Began drafting the City's answer and affirmative defenses to Plaintiff's Second Amended Complaint. 0.50 JAC Review reservation of rights correspondence 0.30 09/09/2021 GB Received and reviewed reservation of right letter in preparation for discussion with JAC and City. Telephone conference call with JAC regarding reservation of rights letter. Reviewed insurance policy regarding exclusions. Telephone conference call with City regarding reservation of rights letter. Email and left voicemail to Jason Mazer regarding letter from insurance company. Telephone conference call with JAC regarding conversation with City. 1.80 09/10/2021 GB Telephone conference call with attorney Jason Mazer regarding insurance dispute. Telephone conference call with JAC regarding update from Mazer. Emails with the City regarding Mazer's position. Email to insurance company advising of disagreement with reservation of claim letters. 1.40 09/13/2021 GB Telephone conference call with City regarding non party witnesses. Emails with opposing counsel regarding depositions and discovery. Reviewed City responses to request for production in preparation for upcoming depositions. Emails with attorney Jason Mazer regarding relevant documents. 1.20 09/14/2021 GB Emails with opposing counsel regarding mediation. 0.30 09/17/2021 GB Emails with City regarding mediation. Legal research and drafted affirmative defenses. Reviewed documents and prepared for City Manager's deposition and deposition of non party witness, Coles Dobbay. 2.30 09/20/2021 MDC review Second Amendment and draft Answer and Affirmative Defenses 0.40 GB Prepared for and attended pre -deposition meeting with City Manager. Emails with opposing counsel regarding Matthew Petty's deposition. Telephone conference call with Debby Coles Daboy ahead of her Page 84 of 849 Page: 2 CITY OF BOYNTON BEACH 10/04/2021 ACCOUNT NO: 306-9905498 STATEMENT NO: 37828 adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) deposition. 09/21/2021 GB Attended and defended City Manager's depositions. Attended and crossed Debby Coles Dobay in deposition. Meeting with City Manager regarding depositions. Telephone conference call with JAC regarding depositions. Finalized answer and affirmative defenses and had same filed and served on Plaintiff. 09/27/2021 GB Telephone conference call with City regarding mediation. Email with opposing counsel regarding mediation and email to city regarding mediation. 09/29/2021 GB Email to opposing counsel regarding depositions. Email to City regarding depositions. Email to attorney Jason Mazer regarding insurance. Emails with City regarding upcoming depositions. Telephone conference call with Kathy Cline regarding deposition. Emails with opposing counsel regarding Kathy Cline's depo. 09/30/2021 GB Telephone conference call with non party witness regarding deposition. Telephone conference call with opposing counsel regarding depositions and mediation. Email to Cline regarding deposition. Reviewed documents produced to Plaintiff in preparation for Cline's deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.50 $205.00 MICHAEL D. CIRULLO 0.40 205.00 GAL BETESH 17.40 205.00 Photocopies TOTAL EXPENSES THRU 09/30/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 3.60 o 0.30 0.70 0.70 18.30 TOTAL $102.50 82.00 3,567.00 3,751.50 99.05 99.05 3,850.55 $3,850.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 85 of 849 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 Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 09/28/2021 GB Received and reviewed analysis by Tristar regarding claim and documents provided by Claimant in preparation for call with the City. 09/30/2021 GB Reviewed medical documents provided by claimant's counsel in preparation for call with City. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.00 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905549 37829 HOURS 0.30 0.70 1.00 205.00 TOTAL $205.00 205.00 $205.00 Page 86 of 849 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 Norwood, Michael (Slip and Fall accident 3/4/2021) Billing Category: 18 - RLO Claim #21859966 ACCOUNT NO STATEMENT NO 09/13/2021 GB Telephone conference call and emails with City regarding claim, 09/17/2021 GB Emails with City regarding adjuster report of incident. Reviewed adjuster report in preparation for call with City regarding claim. 09/23/2021 GB Telephone conference call with City regarding claim and moving forward. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.30 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 10/04/2021 306-9905561 37830 HOURS 0.40 0.40 0.50 1.30 266.50 TOTAL $266.50 266.50 $266.50 Page 87 of 849 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 October 14, 2021 Attn: claims@bbfl.us Bill No. 60898 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 09/30/21 PROFESSIONAL SERVICES Date Services Attorney Hours 09/01/21 Review online databases to locate new or updated address and RKD 0.50 contact information for witness, Robert Jones, to contact for meeting to discuss altercation. 09/02/21 Receipt and review of e-mail from Capt. Zeller re: advising LHR 0.20 Saira Kaizad has moved and his potential assistance in providing better contact information. 09/02/21 Preparation of email response to Capt. Zeller re: acknowledging LHR 0.20 and confirming Saira Kaizad has moved and his potential assistance in providing better contact information. 09/02/21 Review online databases to locate new or updated address and RKD 0.40 contact information for witness, Saira Kaizad, to contact for meeting to discuss altercation. 09/03/21 Review/Analyze litigation file including pleadings, motions, SHP 0.90 items of correspondence and other relevant file material to date in preparation for drafting Motion to Compel Deposition Duces Tecum of Dr. Friedman. 09/04/21 Research relevant case law and statutory authority to raise and SHP 0.90 assert within the Motion to Compel Deposition Duces Tecum of the Records Custodian of Dr. Friendman 09/05/21 Draft/Revise initial drafting of the Motion to Compel Deposition SHP 1.80 Duces Tecum of the Records Custodian of Dr. Friedman. 09/07/21 Preparation of e-mail to Legal Advocate re: subpoena LHR 0.10 pertaining to Plaintiff, Sanford Geraci. 09/07/21 Receipt and review of email response from Legal Advocate re: LHR 0.10 subpoena duces tecum pertaining to Plaintiff, Sanford Geraci. 09/14/21 Receipt and review of medical records from Dr. Lawrence LHR 0.50 Spector pertaining to Plaintiff, Sanford Geraci. Page 88 of 849 Client: City of Boynton Beach October 14, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 09/16/21 Receipt and review of e-mail from Legal Advocate re: Affidavit LHR 0.10 Lyman H. Reynolds, Jr., Partner of Service for Fitness International pursuant to subpoena duces 185.00 610.50 tecum pertaining to Plaintiff, Sanford Geraci. Rebecca K. Davis, Paralegal 09/16/21 Receipt and review of Affidavit of Service for Fitness LHR 0.10 SHP International pursuant to subpoena duces tecum pertaining to 3.60 160.00 Plaintiff, Sanford Geraci. 09/16/21 Receipt and review of e-mail from Fitness International re: LHR 0.20 $1,362.50 status of gym records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/21/21 Receipt and review of gym records received from Fitness LHR 0.70 International pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. (52 pages) 09/29/21 Telephone conference with Florida Department of Corrections RKD 0.30 re: status of inmate records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/29/21 Preparation of e-mail to Florida Department of Corrections re: RKD 0.20 status of inmate records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/29/21 Preparation of e-mail to Certified Foot and Ankle Specialists re: LHR 0.20 status of diagnostic films pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/29/21 Telephone conference with Dr. Lawrence Spector re: status of RKD 0.20 billing records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/29/21 Receipt and review of letter of no records received from LHR 0.20 Gastrocare, LLP pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 09/30/21 Receipt and review of medical records from medical records LHR 0.70 received from Spine & Orthopedic Center pertaining to Plaintiff, Hardley Gracia, pursuant to subpoena duces tecum. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 3.30 185.00 610.50 RKD Rebecca K. Davis, Paralegal 1.60 110.00 176.00 SHP Sara H. Ptachik, Associate 3.60 160.00 576.00 Total Professional Services 8.50 $1,362.50 DISBURSEMENTS Date Description Amount Page 89 of 849 Client: City of Boynton Beach October 14, 2021 Matter: 19132 - Geraci v. Zeller Page 3 DISBURSEMENTS Date Description Amount 09/24/21 Outside Printing #SUBP4944;Sanford Geraci records - 15.00 Fitness International, LLC 09/24/21 Outside Printing Sanford Geraci records - Lawrence 15.00 Spector, D.M.D., P.A. 09/29/21 Facsimile Fax to 561-288-9045. 12.00 09/29/21 Facsimile Fax to 561-549-9091. 10.00 Total Disbursements $52.00 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: $ 1,414.50 9,841.28 -9,841.28 $ 1,414.50 Page 90 of 849 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: 60898 Bill Date: October 14, 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 Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,362.50 52.00 $ 1,414.50 9,841.28 -9,841.28 $ 1,414.50 WIN $1,414.50 Page 91 of 849 o MAIL CHECK TO VENDOR ❑ RETURN CHECK TO DEPT. o INCLUDE BACK-UP W/ CHECK CITY OF BOYNTON BEACH DIRECT PAMENT REQUISITIM Please issue a check in the amount c $ 25,097.87 . TO: Jones Foster, P.A. PO Box 3475 West Palm Beach, FL 33401-5950 PROJECT # (optional): VENDOR #: 16212 FOR: Town Square Litigation: Invoice No. 244301 September, 2021 $25,097.87 Requested By: City Attorney Approvals: Div Head" Finance Dept. City Manager Date: October 7, 2021 FUND DEPT BASICJ ELE OBJ AMOUNT 001 1214 1 512 1 31 11 25,097.87 097.87 Page 92 of 849 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 Represent City with respect to litigation over a development Tax I.D. 59-1292566 September 30, 2021 Invoice No. 244301 File No. 29049.00002 TJB REMITTANCE COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT ERIKA M. GRATEROL 230.00 6.70 $1,541.00 JOANNE M. OCONNOR 350.00 23.50 $8,225.00 MINDY HALLEY-PARA 230.00 6.10 $1,403.00 THOMAS J. BAIRD 350.00 39.60 $13,860.00 $25,029.00 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE $68.87 TOTAL CHARGES THIS INVOICE $25,097.87 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $25,097.87 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 93 of 849 JONES FOSTER P.A►. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT ERIKA M. GRATEROL JOANNE M. OCONNOR MINDY HALLEY-PARA THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE Tax I.D. 59-1292566 September 30, 2021 Invoice No. 244301 File No. 29049.00002 TJB RATE HOURS AMOUNT 230.00 6.70 $1,541.00 350.00 23.50 $8,225.00 230.00 6.10 $1,403.00 350.00 39.60 $13,860.00 $25,029.00 $68.87 $25,097.87 $0.00 $25,097.87 Page 94 of 849 JONES FOSTER P.A. City of Boynton Beach Represent City with respect to litigation over a development September 30, 2021 Invoice No. 244301 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS 09/07/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH GAL 0.30 BETESH (3XS) AND JMO (3XS); RECEIVE AND REVIEW OUTLINE OF DEPOSITION TOPICS FOR COLIN GROFF; RECEIVE AND REVIEW RETURN OF SERVICE AFFIDAVIT IN RE ROBERT WIGHT 09/08/21 JMO TEL CALL M HEFFERIN, K HEFFERIN, G BETESH 1.00 09/08/21 JMO TEL CALL G BETESH RE TRIAL PREP 0.50 09/09/21 JMO EMAIL FROM M STEMPLER RE CITY DEPOSITION AND 0.60 REVIEW TOPICS OF INQUIRY; EMAIL TO G BETESH; REVISE TOPICS OF INQUIRY FOR JKM DEPOSITION NOTICE 09/09/21 JMO REVIEW JKM NOTICE DEPOSITION HORNING, 0.20 MERCADO; REVIEW G BETESH CORRESPONDENCE TO GROFF WITH DEPO SUBPOENA 09/10/21 JMO TEL CALL G BETESH RE PRETRIAL TASKS 1.20 09/10/21 TJB RECEIVE AND REVIEW JKM'S WITNESS AND EXHIBIT 0.30 LISTS; RECEIVE AND REVIEW NOTICES OF DEPOSITIONS OF JKM CORP REP. 09/10/21 JMO REVIEW JKM'S AMENDED EXHIBIT AND WITNESS 0.30 LISTS INCLUDING EXPERTS 09/13/21 JMO ATTENTION TO TRIAL SETTING, AVAILABILITY OF 0.30 SPECIAL SET DATES RE JKM OBJECTIONS TO DEPO TOPICS; EMAIL G BETESH, T BAIRD RE PREP FOR HORNING, MERCADO DEPOSITIONS; EMAIL C WARE, C GROFF RE PROGRESS AS BUILTS 09/13/21 JMO OFFICE CONFERENCE T BAIRD; TEL CALL G BETESH, 1.00 T BAIRD 09/13/21 TJB OFFICE CONFERENCE WITH JMO; TELEPHONE 1.50 CONFERENCE WITH CITY MANAGER AND CITY ATTORNEY RE THE STATUS OF MEDIATION & TRIAL, TELEPHONE CONFERENCE WITH GAL BETSCH & JMO RE PREPARATION FOR THE DEPOSITION OF JOSH HORNING 09/14/21 JMO EMAILS STEMPLER'S OFFICE RE HEARING ON JKM 0.30 MOTION PROTECTIVE ORDER (MULTIPLE); EMAILS G BETESH RE AREAS OF INQUIRY FOR MERCADO DEPOSITION AMOUNT 105.00 350.00 175.00 210.00 70.00 420.00 105.00 105.00 105.00 350.00 525.00 105.00 Page 95 of 849 JONES FOSTER P.►. City of Boynton Beach September 30, 2021 Represent City with respect to litigation over a development Invoice No. 244301 File No. 29049.00002 Page 3 09/14/21 TJB RECEIVE AND REVIEW MEDIATOR'S REPORT OF 1.50 525.00 IMPASSE; RECEIVE AND REVIEW NOTICE OF HEARING; EXCHANGE EMAIL CORRESPONDENCE WITH GAL RE GEO-TECH WITNESS (2XS); PREPARE QUESTIONS FOR CARLOS MERCADO DEPO & EMAIL THEM TO GAL; EXCHANGE EMAIL CORRESPONDENCE WITH GAL; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM GAL RE AS-BUILTS 09/15/21 JMO REVIEW G BETESH NOTES AND EMAILS RE 0.50 175.00 HORNING, MERCADO DEPOSITION; ATTENTION TO DEPOSITION SCHEDULE 09/15/21 JMO RESEARCH RE RESPONSE TO JKM OBJECTIONS TO 0.50 175.00 DEPOSITION TOPICS OF INQUIRY 09/15/21 JMO REVISE GROFF SUBPOENA; DRAFT NOTICES FOR 0.30 105.00 LEBLANC, BOWER DEPOSITIONS 09/15/21 TJB TELEPHONE CONFERENCE WITH JMO RE 0.50 175.00 DEPOSITIONS OF CARLOS MERCADO & JOSH HORNING; REVIEW NOTES FROM GAL PERTAINING TO MERCADO & JOSH HORNING DEPOS 09/16/21 MSH COMPARE JKM'S AMENDED EXHIBIT LIST WITH 1.30 299.00 INITIAL LIST AND NOTE ALL NEW EXHIBITS. REVIEW CITY OF BOYNTON BEACH MEETING MINUTES AND DOWNLOAD PERTINENT RECORDS. PROVIDE COPIES OF CERTAIN NEW EXHIBITS FOR REVIEW. 09/16/21 JMO DRAFT OPPOSITION TO JKM MOTION PROTECTIVE 2.70 945.00 ORDER RE CORPORATE REP DEPOSITION 09/17/21 JMO FINALIZE RESPONSE TO MOTION FOR PROTECTIVE 0.40 140.00 ORDER RE JKM DEPOSITION; EMAILS WITH G BETESH RE SAME 09/17/21 JMO REVIEW CROSS -NOTICE OF C GROFF DEPOSITION 0.10 35.00 09/17/21 JMO EMAILS WITH STEMPLER RE MOVING CITY'S 0.20 70.00 DEPOSITION TO 9/24; REVIEW RE NOTICE 09/17/21 TJB REVIEW MULTIPLE EMAILS EXCHANGED BETWEEN 1.50 525.00 JMO & ATTORNEY STEMPLER RE DEPOSITIONS; REVIEW OF AS-BUILT'S AND OTHER DOCUMENTS DISTRIBUTED BY GAL 09/17/21 MSH OBTAIN CASE LAW AND HIGHLIGHT EXHIBITS TO 1.50 345.00 RESPONSE IN OPPOSITION TO MOTION FOR PROTECTIVE ORDER. Page 96 of 849 JONES FOSTER P.►. City of Boynton Beach September 30, 2021 Represent City with respect to litigation over a development Invoice No. 244301 File No. 29049.00002 Page 4 09/18/21 JMO REVIEW PATERNITI DOCS AND EMAIL G BETESH RE 0.50 175.00 EXHIBITS; EMAILS T BAIRD RE TOPICS FOR C GROFF DEPOSITION 09/19/21 JMO REVIEW TRIAL EXHIBITS AND OUTLINE RE ANDREW 2.00 700.00 MACK DEPOSITION PREP; TEL CALL T BAIRD RE GROFF DEPOSITION; EMAILS TO G BETESH RE VARIOUS EXHIBITS 09/19/21 TJB REVIEW NOTES OF JMO RE INTERVIEWS OF CITY 6.00 2,100.00 WITNESSES AND CONSULTANTS; REVIEW TIME -LINE OF THE BOYNTON TOWN SQUARE PROJECT; REVIEW OUTLINE PREPARED BY GAL FOR THE GOFF DEPOSITION; PREPARE QUESTIONS FOR THE GOFF DEPOSITION; TELEPHONE CONFERENCE WITH JMO 09/20/21 JMO EMAILS STEMPLER RE LEBLANC, BOWER 0.20 70.00 DEPOSITIONS 09/20/21 MSH PREPARE ELECTRONIC FOLDERS OF RECORDS FOR 0.30 69.00 BOWER AND MARINE RECORDS. PROVIDE NONPARTY RECORDS TO DEFENSE COUNSEL. 09/20/21 MSH DOWNLOAD RECORDS FROM PATERNI. 0.10 23.00 09/20/21 TJB WORK ON REVISIONS TO THE INITIAL SET OF GROFF 2.00 700.00 QUESTIONS 09/21/21 JMO TEL CALL M STEMPLER RE TOPICS INQUIRY FOR 0.20 70.00 CITY'S DEPOSITION 09/21/21 JMO TEL CALL G BETESH RE GROFF DEPOSITION, 0.70 245.00 CORPORATE REP PREP (2); REVIEW T BAIRD OUTLINE FOR C GROFF DEPOSITION QUESTIONS AND GATHER EXHIBITS; EMAILS WITH T BAIRD RE ADDITIONS TO QUESTIONS (5) 09/21/21 TJB CONTINUE WORK ON GROFF QUESTIONS; REVIEW 4.00 1,400.00 DOCUMENTS RECEIVED FROM GAL AND JMO PERTAINING TO GROFF DEPOSITION 09/22/21 MSH PREPARE DIRECTORY OF GROFF EXHIBITS. 2.80 644.00 MULTIPLE EMAILS WITH ATTORNEY BETESH CONCERNING ADDITIONAL EXHIBITS AND RENUMBERING. PREPARE ELECTRONIC FOLDER OF EXHIBITS AND PROVIDE TO COURT REPORTERS, WITNESS AND IT, 09/22/21 JMO OFFICE CONFERENCE G BETESH, T BAIRD POST 0.50 175.00 DEPOSITION OF C GROFF 09/22/21 JMO CONFER G BETESH, T BAIRD IN ADVANCE OF, 0.40 140.00 DURING GROFF DEPOSITION Page 97 of 849 JONES FOSTER P.A. City of Boynton Beach September 30, 2021 Represent City with respect to litigation over a development Invoice No. 244301 File No. 29049.00002 Page 5 09/22/21 JMO INSTRUCTIONS TO PARALEGAL HALLEY RE GROFF 0.30 105.00 DEPOSITION EXHIBITS, CONFER G BETESH RE SAME 09/22/21 TJB PREPARATION FOR AND TAKE THE DEPOSITION OF 8.00 2,800.00 COLIN GROFF; OFFICE CONFERENCE WITH GAL RE DEPOSITION EXHIBITS AND QUESTIONS; POST-DEPO; OFFICE CONFERENCE WITH JMO & GAL 09/23/21 JMO TRAVEL TO AND FROM CITY HALL; DEPOSITION PREP 4.50 1,575.00 WITH A MACK 09/23/21 JMO PREPARE FOR (5) AND ATTEND (5) COURT HEARING 1.10 385.00 ON JKM MOTION FOR PROTECTIVE ORDER RE CORPORATE REP DEPOSITION (5); EMAILS WITH M STEMPLER (1) 09/23/21 MSH UPDATED GROFF EXHIBIT LINK TO ATTORNEY 0.10 23.00 BETESH. 09/23/21 TJB PREPARATION FOR AND PARTICIPATE IN 4.50 1,575.00 DEPOSITION PREPARATION WITH ANDREW, GAL & JMO 09/24/21 TJB PRE-DEPO CONFERENCE WITH ANDREW MACK; 6.00 2,100.00 DEFEND DEPO OF ANDREW MACK; POST-DEPO CONFERENCE WITH ANDREW MACK & JMO; REVIEW EMAIL CORRESPONDENCE EXCHANGED BETWEEN ATTORNEY STEMPLER & JMO DEPOSITIONS 09/24/21 JMO PRE AND POST DEPOSITION CONFERENCE T BAIRD, 1.50 525.00 A MACK 09/24/21 JMO REVIEW CITY'S FIRST REQUEST TO PRODUCE AND 0.30 105.00 RESPONSE 09/24/21 JMO DRAFT DUCES TECUM FOR LEBLANC 0.40 140.00 09/24/21 EMG PREPARE BY REVIEWING FILE. SIT IN AND TAKE 6.70 1,541.00 NOTES IN DEPOSITION. REVISE AND FINALIZE NOTE MEMORANDUM. 09/25/21 TJB REVIEW REPORT OF SPECIALTY ENGINEERING 3.00 1,050.00 CONSULTANTS; PREPARE QUESTIONS FOR DEPO OF MARK LEBLANC 09/27/21 JMO TEL CALL T BAIRD RE SPECIALTY ENGINEERING 0.20 70.00 DEPOSITION; INSTRUCTIONS RE JKM DEPOSITION 09/27/21 JMO TEL CALL T BAIRD; EMAILS STEMPLER RE 0.30 105.00 DEPOSITIONS Page 98 of 849 JONES FOSTER P.A. City of Boynton Beach Represent City with respect to litigation over a development 09/27/21 TJB TELEPHONE CONFERENCE WITH JMO RE DEPOSITION OF LEBLANC; EMAIL LEBLANC QUESTIONS TO JMO & GAL; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CITY ATTORNEY CHEROF RE JKM'S PUBLIC RECORDS REQUEST AND REVIEW THE REQUEST 09/28/21 JMO EMAILS STEMPLER RE DEPOSITIONS; DRAFT NOTICES CANCELLATION FOR LEBLANC/BOWER TOTAL HOURS COSTS ADVANCED September 30, 2021 Invoice No. 244301 File No. 29049.00002 Page 6 0.50 175.00 0.30 75.90 DATE 09/28/21 CHECK: FEDERAL EXPRESS INVOICE # 7-514-06766 - FEDEX 105.00 AMOUNT 68.87 $68.87 Page 99 of 849 Zn Consent Agenda 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-144 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $50,000 in sub -grant funding for the 2021-2022 funding cycle under the speed & aggressive driving priority area. The funding is allocated for traffic enforcement overtime and speed measurement equipment. Approval of this award will allow the Boynton Beach Police Department (BBPD) to conduct enforcement operations in high frequency crash fatality locations. The BBPD was awarded this grant in previous years. 2020/2021 - $30,000.00 2019/2020 - $50,000.00 2018/2019 - $25,000.00 How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance efforts to reduce traffic crashes, fatalities and injuries that are related to speed and aggressive driving through enforcement and education. BBPD will review crash data to determine high frequency locations and conduct enforcement operations. The BBPD will also conduct education initiatives to raise awareness in regards to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. Fiscal Impact: Grant funded. Alternatives: The police department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Page 100 of 849 Is this a grant? Yes Grant Amount: 50,000.00 Attachments: Type D IResoluutloirn Description Resolution approving the Speed and Aggressive [...)riiviirng Grant award from IFE)OT Page 101 of 849 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER OR POLICE CHIEF 5 MICHAEL GREGORY TO APPLY FOR, ACCEPT AND SIGN ALL 6 DOCUMENTS, INCLUDING GRANT AGREEMENT 7 ASSOCIATED WITH THE FLORIDA DEPARTMENT OF 8 TRANSPORTATION (FDOT) GRANT IN THE AMOUNT OF 9 $S0,000.00 FOR THE BOYNTON BEACH SPEED AND 10 AGGRESSIVE DRIVING PRIORITY AREA; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has 15 selected the City of Boynton Beach to receive $50,000.00 in sub -grant funding for the 2021-22 16 funding cycle under the speed and aggressive driving priority area; and 17 WHEREAS, the funding is allocated for traffic enforcement overtime and speed 18 measurement equipment; and 19 WHEREAS, upon recommendation of staff, the City Commission has determined that 20 it is in the best interests of the residents of the City to authorize the City Manager or Police 21 Chief Michael Gregory to sign all documents including the Grant Agreement, in a form 22 acceptable and approved by the City Attorney, associated with the Florida Department of 23 Transportation (FDOT) grant in the amount of $50,000.00 for the Boynton Beach speed and 24 aggressive driving priority area. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. S:ACA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2021-22) - Reso.docx Page 102 of 849 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated 32 with acceptance and Grant Agreement, in a form acceptable and approved by the City Attorney, 33 for the Florida Department of Transportation (FDOT) grant in the amount of $50,000.00 for the 34 Boynton Beach Speed and Aggressive Driving program, a copy of which is attached hereto as 35 Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 2nd day of November, 2021. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2021-22) - Reso.docx YES NO Page 103 of 849 C00111 Consent Agenda 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-145 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Impaired Driving grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $41,000 in sub -grant funding for the 2021-2022 funding cycle under the impaired driving priority area. The funding is allocated for traffic enforcement overtime and educational materials. Approval of this award will allow the Boynton Beach Police Department (BBPD) to conduct increased enforcement operations in high frequency crash fatality locations and areas where Driving Under the Influence (DUI) investigations have occurred. BBPD was awarded this grant in previous years. 19/20 - $50,000.00 How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance efforts to reduce traffic crashes, fatalities and injuries that are related to impaired driving through enforcement and education. BBPD will review crash and DUI data to determine appropriate locations and conduct enforcement operations. BBPD will also conduct education initiatives to raise awareness in regards to traffic safety and impaired driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. Fiscal Impact: Grant funded. Alternatives: BBPD would rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Page 104 of 849 Grant Amount: 41,000.00 Attachments: Type D IResoluutloirn Description Resolution ecceptiirng IFIDOT 1lmpeiired I[)riiviirng Grant and approving Agreement Page 105 of 849 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR POLICE CHIEF MICHAEL GREGORY TO ACCEPT AND SIGN ALL DOCUMENTS, INCLUDING GRANT AGREEMENT ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) GRANT IN THE AMOUNT OF $41,000.00 FOR THE BOYNTON BEACH IMPAIRED DRIVING ENFORCEMENT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $41,000.00 in sub -grant funding for the 2021-22 funding cycle under the impaired driving priority area; and WHEREAS, the funding is allocated for traffic enforcement overtime and educational materials; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager or Police 21 Chief Michael Gregory to sign all documents associated with the acceptance and Grant 22 23 24 25 26 27 28 Agreement, in a form acceptable and approved by the City Attorney, with the Florida Department of Transportation (FDOT) grant in the amount of $41,000.00 for the Boynton Beach impaired driving priority area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Agreements\Grants\EDOT Impaired Driving Enforcement Grant (2021-22) - Reso.docx Page 106 of 849 31 authorize the City Manager or Police Chief Michael Gregory to sign all documents associated 32 with the acceptance and Grant Agreement, in a form acceptable and approved by the City 33 Attorney, with the Florida Department of Transportation (FDOT) grant in the amount of 34 $41,000.00 for the Boynton Beach Impaired Driving Enforcement program, a copy of which is 35 attached hereto as Exhibit "A". 36 37 38 39 40 41 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 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 2nd day of November 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Grants\EDOT Impaired Driving Enforcement Grant (2021-22) - Reso.docx YES NO Page 107 of 849 1" Consent Agenda 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-146 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Motorcycle Safety grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $40,000 in sub -grant funding for the 2021-2022 funding cycle under the Motorcycle Safety priority area. The funding is allocated for traffic enforcement overtime. Approval of this award will allow the Boynton Beach Police Department (BBPD) to conduct enforcement operations in high frequency crash fatality locations. This is BBPD's first time receiving an award under this priority area. How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance efforts to reduce traffic crashes, fatalities and injuries that are related to motorcycle safety through enforcement and education. BBPD will review crash and related infraction data to determine high frequency locations and conduct enforcement operations. BBPD will also conduct education initiatives to raise awareness in regards to traffic and motorcycle safety. Traffic crash and infraction data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. Fiscal Impact: Grant funded. Alternatives: The police department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: 40,000.00 Page 108 of 849 Attachments: Type MM Description Resolution accepting IFI.)O'T Motorcycle Safety Grant and approving Agreement Page 109 of 849 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, AUTHORIZING THE CITY MANAGER OR POLICE CHIEF MICHAEL GREGORY TO ACCEPT AND SIGN ALL DOCUMENTS, INCLUDING GRANT AGREEMENT ASSOCIATED WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MOTORCYCLE SAFETY GRANT IN THE AMOUNT OF $40,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $40,000.00 in sub -grant funding for the 2021-22 funding cycle under the Motorcycle Safety priority area; and WHEREAS, the funding is allocated for traffic enforcement overtime; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager or Police Chief Michael Gregory to sign all documents associated with the acceptance and Grant Agreement, in a form acceptable and approved by the City Attorney, with the Florida Department of Transportation (FDOT) grant in the amount of $40,000.00 for the Motorcycle Safety Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize the City Manager or Police Chief Michael Gregory to sign all documents associated S:ACA\RESO\Agreements\Grants\FDOT Motorcycle Safety Grant (2021-22) - Reso.docx Page 110 of 849 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 with the acceptance and Grant Agreement, in a form acceptable and approved by the City Attorney, with the Florida Department of Transportation (FDOT) Motorcycle Safety grant in the amount of $40,000.00, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 2nd day of November 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Grants\FDOT Motorcycle Safety Grant (2021-22) - Reso.docx VOTE YES NO Page 111 of 849 6.E. Consent Agenda 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-147 - Approve piggy -backing the GSA Contract Number GS-07F-173GA for the purchase of ethernet cable installation services from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorize the City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc. Explanation of Request: Contract Period: September 1, 2017 —August 31, 2022 The GSA Contract complies with the City of Boynton Beach's competitive bid requirements. Budgeted in the 2021-2022 CIP, this project is to improve wireless coverage within City facilities. The locations included in this phase are Carolyn Sims Center, Fire Station #2, Fire Station #4, Intracoastal Park, Senior Center, and The Links at Boynton Beach Golf Course. A predictive wireless study was completed for each location as an industry best practice for determining the placement of the wireless access points to provide 100% wireless coverage within each facility. Broadcast Systems has provided the City with estimates for the installation of the ethernet cabling to support the additional wireless access points. How will this affect city programs or services? I mproving wireless coverage to 100% of the building will allow citizens, guests, and City staff access to wireless services anywhere within the building. Fiscal Impact: Funding was approved and is available in fiscal year CIP 2021/22 via account number 303-4101-580.64-15. Alternatives: The City can issue an RFP for installation of ethernet cabling, resulting in project delays and not necessarily resulting in lower prices. Strategic Plan: Building Wealth in the Community Strategic Plan Application: The installation of additional wireless access points to improve wireless coverage will assist with building and maintaining wealth in the community by improving public access to wireless services. Climate Action Application: Is this a grant? Page 112 of 849 Grant Amount: Attachments: Type D IResoluufioirn D Agreement D Quotes D Contract D IE.::xIhiibiit Description IResolu fioirn approving piiggy becllk agreement Wtlh 13iroadcest Systerns, Ilirnc. IFliiggy bacllk Contract Wtlh l3iroadcest Systerns, II irnc. l3iroadcest Systerns Ilirnstellafioirn E.::striates l3iroadcest/GSA Contract Ilirnfoi mafiloirn GSA Contract Vendor II irnfoi mafiloirn Page 113 of 849 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING PIGGY -BACKING THE GSA CONTRACT NUMBER GS -07F- 6 173GA FOR THE PURCHASE OF ETHERNET CABLE INSTALLATION 7 SERVICES FROM BROADCAST SYSTEMS, INC., OF POMPANO BEACH, 8 FL IN THE AMOUNT NOT TO EXCEED $S0,000.00 AND AUTHORIZING 9 THE CITY MANAGER TO SIGN THE PIGGY -BACK CONTRACT WITH 10 BROADCAST SYSTEMS, INC.; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS in the 2021-2022 CIP budget, project "Install Wireless Access Points Citywide" 14 provides funding to improve wireless coverage within City buildings such as Carolyn Sims Center, Fire 15 Station #2, Fire Station #4, Intracoastal Park, Senior Center, and The Links at Boynton Beach Golf; and 16 WHEREAS, to improve wireless coverage the City will need to install additional wireless access 17 points at each of the locations, a predictive wireless study was completed for each location to determine 18 the placement of the wireless access points to provide 100% wireless coverage within the buildings; and 19 WHEREAS, Broadcast Systems, Inc is an authorized contract vendor for GSA contract 20 number GS-07F-173GA and has provided the City with estimates for the installation of the 21 ethernet cabling to support the additional wireless access points; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in 23 the best interests of the citizens and residents of the City of Boynton to approve piggy -backing 24 the GSA Contract Number GS-07F-173GA for the purchase of ethernet cable installation services 25 from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 26 and to authorize the City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Piggy-Back GSA For Broadcast Systems (Ethernet Cable Installation) - Reso.Docx Page 114 of 849 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves piggy -backing the GSA Contract 33 Number GS-07F-173GA for the purchase of ethernet cable installation services from Broadcast 34 Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorizes the 35 City Manager to sign the Piggy -back Contract with Broadcast Systems, Inc., a copy of which is 36 attached hereto as Exhibit "A. 37 Section 3. This Resolution shall become effective immediately upon passage. 38 39 PASSED AND ADOPTED this 2nd day of November, 2021. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Piggy-Back GSA For Broadcast Systems (Ethemet Cable Installation) - Reso.Docx YES NO Page 115 of 849 AGREEMENT FOR INFORMATION TECHNOLGY RELATED SERVICES This Agreement is made as of this day of , 2021 by and between Broadcast Systems, Inc. with a principal address 290 SW 121h Avenue, Suite 1, Pompano Beach, FL 33069 and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to maintain wireless access points to the public, the City's ITS Department is requesting the City enter into an Agreement with Broadcast Systems to perform Information Technology (IT) related services; and WHEREAS, Broadcast Systems has agreed to allow the City to piggyback the General Service Administration (GSA) Schedule pursuant to Contract No. GS-0717-172GA to provide IT related services in the amount not to exceed $ 50,000.00 based on Contract No. GS-0717-172GA for the contract period: 9/1/2017 - 8/31/2022; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Broadcast Systems agree that Broadcast Systems shall provide IT related services in the amount not to exceed $ 50,000.00 based on the General Service Administration (GSA) Schedule Contract No. GS-0717-172GA for a contract period: 9/1/2017 - 8/31/2022, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to the General Service Administration (GSA) Schedule Contract No GS-0717-172GA shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: General Service Administration (GSA) Schedule — IT Related Services Page 116 of 849 City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. General Service Administration (GSA) Schedule — IT Related Services Page 117 of 849 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 1. In the event that the General Service Administration (GSA) Schedule is amended, or terminated, Broadcast Systems shall notify the City within ten (10) days. In the event the General Service Administration (GSA) Schedule is amended or terminated prior to its General Service Administration (GSA) Schedule — IT Related Services Page 118 of 849 expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 2. Broadcast Systems agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges, or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 3. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 4. In all other aspects, the terms and conditions of the General Service Administration (GSA) Schedule are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: ATTEST: SECRETARY CITY OF BOYNTON BEACH, FLORIDA By: Lori LaVerriere, City Manager Broadcast Systems, Inc. US Print Name: Title: General Service Administration (GSA) Schedule — IT Related Services Page 119 of 849 EXHIBIT A AGREEMENT BETWEEN GENERAL SERVICE ADMINISTRATION (GSA) SCHEDULE AND BROADCAST SYSTEMS General Service Administration (GSA) Schedule — IT Related Services Page 120 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address Ship To Estimate Date Estimate # 9/14/2021 4271 City of Boynton Beach Intercoastal Park Financial Services Department 2240 N. Federal Hwy PO Box 310 Boynton Beach, FL 33435 Boynton Beach, FL 33425-0310 Description Qty Total GSA Contract #GS-07F-173GA Intercoastal Park Master Technician (GSA) (two days three technicians) 48 5,319.84 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, and instalation materials 1 1,148.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $6,578.67 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $6 578.67 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 121 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address Ship To Estimate Date Estimate # 9/14/2021 4272 City of Boynton Beach Senior Center Financial Services Department 1021 S Federal Hwy Boynton PO Box 310 Beach, Florida 33453 Boynton Beach, FL 33425-0310 Description Qty Total GSA Contract #GS-07F-173GA Senior Center Master Technician (GSA) (one days three technicians) 24 2,659.92 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, and instalation materials 1 1,148.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $3,918.75 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $3 918.75 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 122 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address City of Boynton Beach Financial Services Department PO Box 310 Boynton Beach, FL 33425-0310 Estimate Date Estimate # 9/14/2021 4273 Ship To 1919 S Federal Hwy Boynton Beach, Florida 33435 Description Qty Total GSA Contract #GS-07F-173GA Fire Station 4 Master Technician (GSA) (one days five technicians) 40 4,433.20 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, instalation materials, and conduit 1 1,648.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $6,192.03 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $6 192.03 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 123 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address City of Boynton Beach Financial Services Department PO Box 310 Boynton Beach, FL 33425-0310 Estimate Date Estimate # 9/14/2021 4274 Ship To 2615 Woolbright Rd Boynton Beach, Florida 33426 Description Qty Total GSA Contract #GS-07F-173GA Fire Station 2 Master Technician (GSA) (one days five technicians) 40 4,433.20 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, instalation materials, and conduit 1 1,648.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $6,192.03 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $6 192.03 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 124 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address City of Boynton Beach Financial Services Department PO Box 310 Boynton Beach, FL 33425-0310 Estimate Date Estimate # 9/14/2021 4275 Ship To 3501 N Congress Ave Boynton Beach, Florida 33436 Description Qty Total GSA Contract #GS-07F-173GA Fire Station 3 Master Technician (GSA) (two days four technicians) 64 7,093.12 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, instalation materials, and conduit 1 1,648.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $8,851.95 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $8 851.95 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 125 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address Ship To Estimate Date Estimate # 9/14/2021 4276 City of Boynton Beach Carol Sims Center Financial Services Department 225 NW 12th Ave. PO Box 310 Boynton Beach, Florida 33425 Boynton Beach, FL 33425-0310 Description Qty Total GSA Contract #GS-07F-173GA Carol Sims Center Master Technician (GSA) (two days four technicians) 64 7,093.12 Project manager (GSA) 1 110.83 Open Market Items CAT6, CAT6 patch panel, wire, instalation materials, and conduit 1 1,648.00 This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $8,851.95 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $8 851.95 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 126 of 849 5 Y 5 T C M S 290 SW 12th Ave, Suite 1 Pompano Beach, FL 33069 EC13009779 Name / Address Ship To Estimate Date Estimate # 9/14/2021 4278 City of Boynton Beach The links at Boynton Beach Financial Services Department 8020 Jog Road PO Box 310 Boynton Beach, Florida 33472 Boynton Beach, FL 33425-0310 Description Qty Total GSA Contract #GS-07F-173GA The Links AT Boynton Beach Master Technician (GSA) (three days four technicians) 96 10,639.68 Project manager (GSA) 2 221.66 Open Market Items CAT6, CAT6 patch panel, wire, instalation materials, P2P wireless link, small locking rack, 1 3,948.00 grounding, and conduit This is an estimate only, not a contract. This estimate is completing the job listed above Subtotal $14,809.34 based on our evaluation. It does not include unforsen price increases, discontinued products or additional labor and materials which may be required should problems arise. This estimate is valid only for 30 days. Sales Tax (0.0%) $0.00 Phone # E-mail Follow us on Instagram Total $14 809.34 (561) 578-4964 admin@broadcastsystemsine.com Broadcast Systems Page 127 of 849 M OADCAST SCHEDULE 84: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Special Purpose Clothing, Marine Craft, and Emergency/Disaster Response Contractor: CONTRACT. GS-07F-173GA VALID: 0910112017 — 0813112022 ER Tech Systems Group Inc. Dba: Broadcast Systems Address: 290 SW 12th Avenue, Suite 1 Pompano Beach, FL 33069 Office: (561) 578-4964 Fax: (561) 658-0360 Point of Contact: Contract Admin: BROADCAS� SYS xEMS Website: www.broadcastsystemsinc.com Email: GSA@ broadcastsVstemsinc.com Nicholas Ehr nick@ broadcastsysternsinc.com Pascale Ozelie Pascale@broadcastsVstemsinc.com GS 0 73 I 73GA Page 128 of 849 GSA AWARDED TERMS AND CONDITIONS 1) AWARDED SINS: 334512 —Total Solution Support Products for Facilities Management Systems/Subject to Cooperative Purchasing 541330L— Security System Integration, Design, Management, and Life Cycle Support/Subject to Cooperative Purchasing 334290L— Physical Access Control Systems (PACS)/Subject to Cooperative Purchasing 561210SB— Smart Buildings Systems Integrator/Subject to Cooperative Purchasing OLM — Order -Level Materials 2) MAX ORDER GUIDELINES: 334512- $250,000 541330L - $250,000 334290L- $250,000 561210SB - $1,000,000 3) MINIMUM ORDER LIMITS: No minimum order. 4) GEOGRAPHIC COVERAGE: 334512 - Worldwide 541330L — 48 States, DC 334290L - Worldwide 561210SB - 48 States, DC 5) POINT OF PRODUCTION: Contact contract administrator for a complete list of production points. 6) BASIC DISCOUNT FROM LIST: Prices shown are net discount. 7) VOLUME DISCOUNT: Contact contract administrator for volume discount. 8) PROMPT PAYMENT DISCOUNT: None 9) GOVERNMENT PURCHASE CARDS: Government Purchase Cards are accepted at or below the micro -purchase threshold Government Purchase Cards are not accepted above the micro -purchase threshold 10) FOREIGN ITEMS: All products are in compliance with the Trade Agreements Act. 11) TIME OF DELIVERY: Standard Delivery: 7 to 14 DARO Expedited Delivery: Contact Administrator for Rates ROADCA,S..� SYS S 2 CS 0 7 I7 C Page 129 of 849 12) FOB POINT: FOB Destination, Shipping included in price 13) ORDERING: Ordering address — Same as contractor address Ordering Procedures - For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in FAR 8.405-3 14) PAYMENT ADDRESS: 290 SW 12th Avenue, Suite 1, Pompano Beach, FL 33069 15) WARRANTY PROVISION: Contact contract administrator for warranty information. 16) EXPORT PACKING CHARGES: N/A 17) TERMS AND CONDITIONS OF GVT PURCHASE CARD ACCEPTANCE: Accepted at and below 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: N/A 21) TERMS AND CONDITIONS FOR ANY OTHER SERVICES: N/A 22) LIST OF SERVICES DISTRIBUTION POINTS: N/A 23) LIST OF PARTICIPATING DEALERS: N/A 24) PREVENTATIVE MAINTENANCE: N/A 25a) SPECIAL ATTRIBUTES: N/A b) SECTION 508: N/A 26) DUNS NUMBER: 079637089 27) NOTIFICATION REGARDING SAM: SAM Registration valid and current. 28) CAGE CODE: 7C6T7 Page 130 of 849 SERVICE PRICE LIST 561210SB Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming 541330L Project Manager Per Hour $110.83 Labor rate for Project Manager Master Technician Per Hour $110.83 Labor rate for installation & services Access Control and Surveillance Systems System Design Engineer Per Hour $110.83 Labor rate for design & programming Page 131 of 849 Contractor Information Contract: GS-07F-173GA Contractor: ER TECH SYSTEMS GROUP INC. Address: 205 NW 12TH AVENUE, POMPANO BEACH, FL33069 E -Mail: GSA@BROADCASTSYSTEMSINC.COM Web Address: http;//WWW.BROADCASTSYSTEMSINC.COM Contract end date: Aug 31, 2022 Order Status POC: GSA@ BROADCASTSYST E MSI NC.COM DUNS: 079637089 Business type: Small Business Disadvantaged business Ell Contractor not found on the Excluded Parties List System ® viiew/srcall atijrak uuo e atah'y't Ordering Information: Contact the office nearest you if more than one location is shown. Name/Order POC Email Address City, State Zip Code Phone Number Fax Number ER TECH SYSTEMS GROUP INC. 205 NW 12TH AVENUE POMPANO BEACH, FL 33069 5615784964 5616580360 GSA@BROADCASTSYSTEMSI NC.COM Uri 6. F. Consent Agenda 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-148 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 4th, for the 50th Annual Holiday Parade. Explanation of Request: Federal Highway, between Woolbright Road and N.E.1stAvenue, serves as the staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. How will this affect city programs or services? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 4. It will travel north on Federal Highway. It will be necessary to close Federal Highway beginning at 12:00 P.M. from Boynton Beach Boulevard south to Woolbright Road. It is expected that the road will re -open between 9:00 P.M. and 10:00 P.M. Fiscal Impact: The Holiday Parade is a budgeted item within the Marketing Department & Event budget. Alternatives: Do not permit closure of Federal Highway for the 49th Annual Holiday Parade. Strategic Plan: Culturally Distinct Downtown, Building Wealth in the Community Strategic Plan Application: The Annual Holiday Parade will be held in Downtown Boynton Beach on Federal Highway - bringing residents and visitors to downtown area. The City's restaurants and businesses in the area will see increased business. The City's Holiday Parade, a tradition for 49 years, boasts one of the largest number of participants of community entries in Palm Beach County. Climate Action Application: Is this a grant? Page 133 of 849 Grant Amount: Attachments: Type D IResoluufioirn Description IResolu fioirn approving hoed closure for the 50tlh Annual Ihlloliidey IFlarede Page 134 of 849 I RESOLUTION NO. R21 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY CLOSING OF 5 FEDERAL HIGHWAY ON DECEMBER 4, 2021, FOR THE SOT" 6 ANNUAL HOLIDAY PARADE AND AUTHORIZING THE CITY 7 MANAGER OR HER DESIGNEE TO APPLY FOR STATE 8 PERMITS FOR THE TEMPORARY ROAD CLOSING; 9 PROVIDING FOR EFFECTIVE DATE. 10 11 WHEREAS, the City of Boynton Beach's 501h Annual Holiday Parade is scheduled to be 12 held on Saturday, December 4, 2021 at 4:00 p.m.; and 13 WHEREAS, in order to provide for the safety of the participants and citizens attending 14 the Holiday Parade, Federal Highway will be required to be closed between Boynton Beach 15 Boulevard and Woolbright Road beginning at 12:00 p.m.; and 16 WHEREAS, the Florida Department of Transportation requires the local government 17 to authorize all temporary road closures on state roadways; and 18 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize the 19 temporary closing of Federal Highway between Boynton Beach Boulevard and Woolbright 20 Road on December 4, 2021, to provide for the safety of the participants and citizens attending 21 the 50th Annual Holiday Parade; and 22 WHEREAS, the City Manager (or her designee) is authorized to apply for the permit 23 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 24 Administrative Code, for said temporary closings; 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission 29 Section 2. That the City Commission of the City of Boynton Beach authorizes the 30 temporary closing of Federal Highway between Boynton Beach Boulevard and Woolbright 31 Road commencing at 12:00 p.m. on Saturday, December 4, 2021, for the 501h Annual Holiday 32 Parade. S:ACA\RESO\Road Closings Holiday Parade (2021) - Reso.docx Page 135 of 849 33 Section 3. The City Manager (or her designee) is hereby authorized to apply for 34 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 35 Administrative Code, for said temporary closings. 36 Section 4. That this Resolution will become effective immediately upon passage. 37 PASSED AND ADOPTED this 2nd day of November, 2021. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 65 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Road Closings Holiday Parade (2021) - Reso.docx VOTE YES NO Page 136 of 849 6.G. Consent Agenda 11/2/2021 Requested Action by Commission: Approve minutes from the October 19, 2021 City Commission meeting. Explanation of Request: The City Commission met on October 19, 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: 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 Description D IM ii nutes IMii mutes 10-19-2021 Page 137 of 849 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 19, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Christina L. Romelus Commissioner Ty Penserga U T1 T IW Commissioner Justin Katz 1. Openings Lori LaVerriere, City Manager James Cherof, City Attorney (Online) Shana Bridgeman, Assistant City Attorney Crystal Gibson, City Clerk A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Bender of Christ Fellowship Church The Invocation was given by Pastor Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Penserga Commissioner Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Lori LaVerriere, City Manager, explained revisions that were made to the initially published agenda. Motion Commissioner Penserga moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. Page 138 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 2. Other A. Informational items by the Members of the City Commission. Commissioner Romelus stated that she had no disclosures. Commissioner Penserga stated that he had no disclosures. Vice Mayor Hay stated that he had no disclosures. Mayor Grant disclosed that on October 7th, he attended the National Day for the Republic of China. On October 8th, he spoke with a representative from JKM Development. On October 13th, he met with the Police Benevolent Association regarding the Citizens Review Board. On October 14th, he attended the Somerset Academy's opening of their new football field. On October 15th, he visited the new exhibit at the Children's Schoolhouse Museum. On October 16th, he attended the Fall Festival. On October 19th he attended the County Commission meeting where they announced that effective immediately, the Emergency Declaration for Covid-19 has ended. He also attended the South County Intentive at the old South Tech Academy. 3. Announcements, Community and Special Events and Presentations A. Proclaim November 1, 2021 as Extra Mile Day. Mr. Karjalainen's daughter and sister accepted the proclamation. B. Proclaim October 15, 2021 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and to recognize the white cane asthe symbol of that independence and self-reliance. Ted Goodenough, ADA Coordinator Assistant, accepted the proclamation. Mr. Goodenough explained the importance of the White Cane. The law states that a person with a White Cane or a guide dog gets the right-of-way when crossing the street. C. Proclaim the month of October as National Disabilities Employment Awareness Month. The proclamation will be accepted by Dr. Elsa DeGoias, Manager of Programs for CareerSource Palm Beach Cou nty. Dr. Elsa DeGojas, Manager of Programs for CareerSource Palm Beach County, accepted the proclamation. Dr. DeGojas thanked the City for partnering with Page 139 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 CareerSource. D. Proclaim October 23, 2021 as the First Presbyterian Church of Boynton Beach Garden dedication. Rev. Amalie Ash, of First Presbyterian Church will accept the proclamation. Rev. Amalie Ash, First Presbyterian Church, accepted the proclamation. Rev. Ash stated that the Church is committed to the City's sustainability, greening of the City, and the urban tree canopy committee. All are welcome to visit the garden. E. Proclaim the Week of October 18 to 24, 2021 as Florida City Government Week. Commissioner Ty Penserga will accept the proclamation. Commissioner Penserga accepted the proclamation. Commissioner Penserga feels that staff should be accepting the proclamation. This is Government Week, and there are so many people behind the scenes working to make things happen. We need to acknowledge and appreciate all of the City employees. Working in the government is not just running for office. You can impact your city and communities by being part of the City or County staff. He thanked staff for everything they have done. F. Announce that the Solid Waste Division will be having Tire Amnesty Week for City Residents the first week of November from November 1 - November 5, 2021. Mario Guzman, Director of Public Works, announced Tire Amnesty Week. Up to eight tires, with or without rims will be picked up on vegetation day. Mayor Grant stated that he would like to see Public Works picking up old appliances and electronics to help facilitate the proper disposal of these items. G. Announcement of Public Meetings for the American Rescue Plan Act and Florida International University Community Needs Assessment by David Scott, Director of Economic Development and Strategy. David Scott, Director of Economic Development and Strategy, announced the public meetings for the American Rescue Plan Act (ARPA) and the Florida International University (FIU) Community Needs Assessment. The next ARPA meeting will be on October 28th, 6 p.m. at Firehouse 3. The meeting will not be virtual. The second ARPA meeting will focus on non -profits. It will be held on November 1St, at 6 p.m. at City Hall in the Commission Chambers and virtually via GoToWebinar. The FIU Community Needs Assessment will be on November 3rd, at 6 p.m. at City Hall in the Commission Chambers and virtually via GoToWebinar. Vice Mayor Hay stated that he supports the ARPA. He would like the public to know that 3 Page 140 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 no idea is a bad idea. The City wants public input. This is the Community's opportunity to let the City know what the City needs. Not every idea is going to be accepted. There are stipulations set by the Government, that the City must follow. Commissioner Penserga asked Mr. Scott to give more specifics on what they are looking for at these meetings. Mr. Scott stated that forARPA, the City has received funding to support programs related to Covid issues. The City has received $6.8 million out of the $13 million. The City would like public input on how that funding should be spent within the rules and regulations of the Treasury. The rules and regulations will be explained in detail at the meeting, or you can access that information on the ARPA page on the City website. The FIU Community Assessment addresses the equity gap around racial and social equity. FIU focused on five areas: education, public safety, housing, economic development, and public health. FIU has held several stakeholder meetings which included community professional and different agencies that serve the community. FIU is now finalizing its recommendations on how to close the gap based on the data it found. African Americans are lagging in economic prosperity within the City. Vice Mayor Hay asked that Mr. Scott or Ms. LeJeune review what the City cannot use the funds for. Carisse LeJeune, ARPA Consultant to the City of Boynton Beach, stated that there are very specific items that cannot be done. Most of those items address the City. The funds cannot be used to pay any debt. The funds cannot be used to supplement ad valorem tax revenues. Rather than looking at what the funds cannot be used for, it is important to find out what it can be used for. One of the focuses of the City is the disproportionally impacted communities of the City due to Covid. She encouraged everyone to attend the public input meetings. The meetings will cover in more detail what can be done with the funding. City Manager LaVerriere stated the information is on the City website. The information is broken down so that it is easy to understand. The funding can be used for recovering from Covid and activities that will help people from mental wellness to education catch up. There is great flexibility in what can be done. Ms. LeJeune stated as a rule of thumb the funds can be used only to address issues created by Covid. It has to be a direct consequence of the impact of Covid. Mayor Grant inquired about the ARPA survey on the website and will that close. Mr. Scott responded that the intent is to keep the survey open and continue to collect information until the Commission workshop. Mayor Grant suggested that the results from the survey be added to the ARPA page of the City website. Page 141 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mr. Scott replied that he and Mr. Durgan are gathering the information from the survey and will be posting it on the website. Mayor Grant asked if FIU is doing a survey as well. Mr. Scott responded that FIU will be doing a survey as well. Commissioner Penserga asked Ms. LeJeune who is the arbiter of the gray areas and what is the process? Ms. LeJeune replied that there are several different ways to make sure that we are bringing forward projects and programs that meet the requirements of the Treasury. The Treasury has provided FAQs that answer a lot of questions. We can contact the Treasury with specific questions. The National League of Cities has a pipeline to the Treasury. We have been going to them to get questions answered. There is also the E3 Bloomberg Group that is also helping the City get questions answered by the Treasury. A final decision that the Treasury deems is not a fundable project, they will let the City know. There may be a situation where the City would have to reimburse the Treasury if the City does something that is not part of the acceptable programs and projects. Mr. Scott pointed out that auditing is done regularly. The City wants to be careful about what is put forward and what the funding is spent on. Commissioner Penserga inquired if the Treasury is doing the auditing. City Manager LaVerriere replied the quarterly report is submitted to the Treasury. Once they have reviewed the report, if they have concerns or questions, they come back to the City. The City has only so much time to respond. She believes that the Treasury will make its decision within 90 days. H. Announcement of Project Impact Job Fair Results by John Durgan, Economic Development Manager. John Durgan, Economic Development Manager, provided an update on the Job Fair held on October 14th, at the Arts and Cultural Center. Over 205 job seekers participated in the event. 21 employers and five educational partners were also in attendance. Mr. Durgan thanked Dr. DeGoias and the entire CareerSource team for their hard work and effort in making the Job Fair a success. Since there were employers who could not make the event, we are considering holding job fairs on a quarterly basis. Dr. DeGoias commented that the turnout was amazing. Her team has reached out to the 205 job seekers for their feedback. The job seeker was asked if they needed help getting a job or if they needed help in another area such as education. They make sure that job seeker reaches their ultimate goal. She is looking forward to doing another job fair. The Page 142 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 feedback from the employers has been extremely positive. A diverse and inclusive community was present. Vice Mayor Hay commended staff and the community for getting the word out to help CareerSource in what they do. Tory Orr thanked the City for recognizing his work. Boynton Strong and Mr. Bernard Wright are going to continue doing their work within the Community. Commissioner Penserga thanked everyone for partnering with the City. He asked that CareerSource send the Commission a brief report on the comments made by the job seekers, to help make the next job fair better. Dr. DeGoias stated that the Spanish and Creole translators were a great help. Creole - speaking job seekers were offered jobs on the spot. They were so excited that there was someone there to help them to translate and communicate. 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 comingbefore the City Commission) David Katz, 67 Midwood Lane, commented that Florida Statute Chapter 99.012 outlines the timeline of resignation. If Commissioner Penserga is going to run for Mayor, he is legally required to resign ten days before the first day of filing for the March 2022 City election. Mr. Katz reviewed three scenarios of Commissioner Penserga's resignation. Scenario one, Commissioner Penserga resigns when legally required to, ten days before the first day of filing or earlier. If he does, there will be a District IV election in March of 2022. Therefore, no voter suppression. Scenario two, Commissioner Penserga resigns ten days before the first day of filing and makes the effective date after the last day of filing, which allows the Commission to have enough time to appoint a replacement Commissioner. Therefore, no election in District IV is voter suppression. Scenario three, Commissioner Penserga resigns ten days before the first day of filing and makes the effective date the day before the election, which will allow the new Commission to appoint the replacement Commissioner. Therefore, no election in District IV is voter suppression. The voters of District IV should choose their Commissioner, not the majority of the current Commission or the new Commission. The members of this Commission should urge Commissioner Penserga to do the right thing. Susan Oyer, 140 SE 27th Way, announced that her charity selected the City of Boynton Beach to be one of their tree project partners. The project is called A Walk in The Forest. They will be donating trees to five different groups around the world. Once again, she is asking for holiday street lighting. She feels that each major intersection should have unique lighting. She remembers as a child holiday lighting at all of the major intersections It Page 143 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 in Boynton Beach. She inquired where are the former Mayors pictures and why are they not in the Chambers. Tory Orr, 106 Northeast 7t" Avenue, stated he enjoyed the job fair. He asked if the next job fair can be held at the Carolyn Sims Center. Mayor Grant responded that the benefit of having the job fair at the Arts and Culture Center was the size of the event. The other facilities are not large enough to hold over 20 employers. Bishop Bernard Wright, CEO of Bernard Wright Ministries, 713 Northwest 2nd Street, inquired about speed bumps in District II. He requested a meeting regarding marketing funds for promoting City events. Mayor Grant responded that Bishop Wright would need to speak to the City Engineer for an update on the speed bumps. Regarding funding, he provided $50 out of his pocket to encourage Mr. Orr to help promote City events. At the last City Commission meeting, he stated that the City needs to start using influencers to promote City events. However, that is his position, not necessarily the position of the City Commission. Bishop Wright stated that he heard what Mayor Grant said about partnering. Yet the City has not gone any further than that. Mayor Grant commented that the City Commission will need to direct staff to include influencers in the marketing budget. Ernest Mignoli, 710 Northeast 7t" Street, commented that he does not see the City Attorney. Mayor Grant pointed out that Shana Bridgeman the Assistant City Attorney was present. Mr. Mignoli inquired if Mr. Cherof was still the City Attorney. Mayor Grant responded that the City does not have a specific City Attorney; he is not employed by the City of Boynton Beach. He has his own law practice. Mr. Mignoli stated that he spent thousands of hours studying the building collapsing in Surfside. The more he finds out about it, the more powerful it is. He commented that 710 Northeast Street has similar problems. He said the City and the County will not help him at all. 6. Administrative A. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Connect to Greatness, Inc. Page 144 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 ILY, 11=11 Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. Andre Thaddies commented that last month marked the fifth anniversary of Connect to Greatness, Inc. within the City of Boynton. The support they have received from the City has been a pleasure. We are currently in four different schools helping 28 young men and their mothers. Those numbers will continue to grow. They look forward to continuing work and partnerships with the City. Mayor Grant thanked Mr. Thaddies for all he and Connect to Greatness have done for the City. He is pleased to continue his support of Connect to Greatness. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to the HATT Foundation. Commissioner Romelus asked Mayor Grant to elaborate on what the HATT Foundation is and share awareness. Mayor Grant responded that the funding will go towards the HATT 2021 Sponsor -A -Child Program, which gives at -risk children a chance to participate in the HATT Symphony Orchestra. HATT Provides at -risk children an opportunity to learn musical instruments, be part of a grand and positive experience and have a better future. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. C. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Pathways to Prosperity. ILY, 11=11 Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion. The motion unanimously passed. Mr. Petty, Pathways to Prosperity, thanked Mayor Grant for his contribution. He explained that Pathways to Prosperity is a wonderful organization that provides three programs: 1. Bridges of Boynton Beach provides parental support to help their children grow up healthy, safe, and strong. 2. Circles of Palm Beach County focuses on poverty and creates pathways to economic stability. 3. Healthier Boynton Beach focuses on Page 145 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 improving the lives of family caregivers in the City. The month of November is National Caregivers Month. They will be hosting a luncheon at Benvenuto for the City's caregivers. Mayor Grant's contribution will help support that event. Commissioner Romelus suggested that Mr. Petty ask the City for a proclamation for Caregivers Month. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Greater Boynton Beach Sister Cities. Motion Vice Mayor Hay moved to approve. Commissioner Penserga seconded the motion. The motion unanimously passed. E. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Freedom Shores Elementary Motion Commissioner Romelus moved to approve. Vice Mayor Hay seconded the motion. The motion unanimously passed. F. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Vice Mayor Hay nominated Cheryl Banks as the Banking/Mortgage industry member to the Affordable Housing Advisory Committee (AHAC). Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Ronnie Hoggins as the For-profit provider of affordable housing member to the AHAC. Commissioner Penserga 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 Page 146 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 comments A. Proposed Resolution No. R21-137 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Mayor Grant requested an update on the lawsuit pertaining to 301 West Boynton Beach Boulevard. Commissioner Penserga disclosed that Dr. Jeanne and Ka Hock Go have passed away. B. Approve donation of $3,245.96 from the State Forfeiture Funds to Visual Adjectives. C. Approve donation of $3,881.76 from the State Forfeiture Funds to the Global Business Development Center - Entrepreneurship Institute (GBDCEI). D. Approve donation of $3,957.06 from the State Forfeiture Funds to Connect to Greatness, Inc. E. Approve donation of $4,000 from the State Forfeiture Funds to Gulf Stream Council - Boy Scouts of America. F. Approve donation of $3,915.23 from the State Forfeiture Funds to Scholar Career Coaching, Inc. G. Approve the piggyback of ITB No. 2021-113 Resolution 82-2021 issued by the City of Stuart forthe supply and delivery of Anhydrous Ammonia at the unit price of $.79 per pound ($4.108 pergallon) to Tanner Industries, Inc. for an estimated annual expenditure of $50,000. The City of Stuart complies with government bid requirements and is equal to and/or exceeds the City of Boynton Beach procurement requirements. H. Proposed Resolution No. R21-138 - Approve and authorize the Mayor to sign modification twoto Hazard Mitigation Grant Program (HMGP) contract (No. H0054) with the Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase I in the amount of $2,834 for management cost. Proposed Resolution No. R21-139 - Approve and authorize Mayor to sign the Hazard MitigationGrant Program contract (No. H0712) with the Florida Division of Emergency Management for the Lakeside Gardens Drainage Improvements, Phase II in the amount of $800,752.00 for project construction with a Period of Performance starting on execution through December 31, 2023. 10 Page 147 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 J. Approve purchase of Extreme Networks network switch maintenance from STEPcg of Covington, KY in the amount of $41,728.45, utilizing the State of Florida Alternate Contract Source Number43220000- NASPO-19-ACS, previously approved by Commission on 10/20/2020. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. K. 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 October 19, 2021 - "Request for Extensions and/or Piggybacks." Mayor Grant requested an update on Penn Credit Corporation. L. Proposed Resolution No. R21-140 - Approve a $10,000 increase to the agreement with The Wag Group needed for sign language interpreting services due to the increased frequency of public meetings and community events. M. Approve the piggyback of RFP 2017-71500-01 issued by Library of Virginia, on behalf of Mid Atlantic Library Alliance, Inc. (MALTA) to Ingram Library Services, LLC. for an estimated annual expenditure of $50,000. The City of Boynton Beach is a member of MALTA. This RFP meets thecompetitive bid requirements for the City of Boynton Beach N. Accept the written report to the Commission for purchases over $10,000 for the month of September 2021. Mayor Grant inquired about subitems three, five and eight. He asked if the old equipment from Barrier Free Park is salvageable to be used at another location. He stated that Barton Memorial Park can use playground equipment. 0. Proposed Resolution No. R21-141 - Approve and authorize the City Manager to sign the First Amendment to The First Restated Interlocal Agreement R2016-1581 between the City of Boynton Beach (City) and Palm Beach County (County) utilizing the County's microwave system to transport radio signals from the City's tower to the County's Master Site. P. Proposed Resolution No. R21-142 - Authorize the Mayor to sign all documents associated withthe acceptance and grant agreement for the Victims of Crime Act grant subject to the approval of the City Attorney. Q. Approve minutes from the October 5, 2021 and October 12, 2021 City Commission meetings. Page 148 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Motion Commissioner Penserga moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. The motion passed unanimously. 7. Consent Agenda A. Approve the piggyback of Bid No. 12525-312, Resolution No. 21-0674 issued by the City of FortLauderdale as the Lead Agency for the NIGP Southeast Florida Governmental Purchasing Cooperative Group for the supply and delivery of Sodium Hypochlorite (CO-OP) by Allied Universal Corporation for an estimated annual expenditure of $300,000.00. The City of Fort Lauderdale complies with government bid requirements equal to and/or exceeds the City of Boynton Beach requirements. B. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 19, 2021 - "Request forExtensions and/or Piggybacks Over $100,000." C. Proposed Resolution No. 21-143 - Authorize Mayor to sign an agreement with Florida -Caribbean Architecture of Boynton Beach, FL for Project Management Services, in the amount of $192,000. Mayor Grant requested a quarterly update on the project. ILY, 11=11 Vice Mayor Hay moved to approve the Consent Bids and Purchases of $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. Public Hearing — None. 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 PlanningAgency and City Commission. City Manager's Report A. Request to reschedule the November 16, 2021 ARPA Commission Workshop to December 7, 2021. 12 Page 149 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 City Manager LaVerriere stated that they have received the study from FIU and would like more time to review the study and build it into the framework of the workshop. The workshop will be from 3:30 p.m. to 5:00 p.m. on December 7tH Mayor Grant stated that it would be acceptable. He requested an updated review of the ARPA meetings on November 16tH Mayor Grant moved to reschedule the November 16, 2021, ARPA Commission Workshop to December 7, 2021, at 3:30 p.m. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. Unfinished Business A. Monthly update from JKM Developers on the Town Square Project attached. Mayor Grant stated that JKM is moving forward with an application for a site plan amendment. He inquired if a pre -application meeting has been scheduled. Andrew Mack, Assistant City Manager, stated that staff has a been in contact with their planner Josh Nichols and there is a meeting tentatively scheduled for Friday. Mayor Grant requested continuous updates on the application process. He also requested the total amount spent on legal fees. 11. New Business - None 12. Legal A. Proposed Ordinance No. 21-026 - Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. Assistant City Attorney Shawna Bridgeman read Ordinance No. 21-026 by title only on first reading. Adam Temple, Director of Development Services, stated that The National Flood Insurance Program Act utilizes the Community Rating System (CRS) as a voluntary incentive program to recognize and encourage community floodplain management practices that exceed minimum requirements for CRS communities. Flood insurance rates are discounted for properties located within a municipality resulting from their 13 Page 150 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 enforcement of floodplain management regulations. To maintain consistency with the new requirements of FEMA, staff is proposing and recommends a few minor updates to the City's floodplain management regulations. Through coordination of the State Floodplain Office, we are adopting a new definition of accessory structures that is different from current zoning regulations. We are removing provisions for and prohibiting the placement of manufactured homes within the special flood hazard areas. It is important to note that there are no manufactured homes within the Special Flood Hazard Area in the City. Staff recommends removing that provision from the ordinance. Staff is also doing some housekeeping items on a few definitions for floodways and editing the definition for market value. It is important to note that should the Commission decide not to move forward with these recommendations, it would jeopardize the City's CRS score and would increase the flood insurance rates for properties within the City. Staff has been working on these proposed amendments in coordination with the State office. The Planning and Development Board heard these amendments at their September 28th Board meeting. Motion Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. Mr. Mignoli stated that he lives in a building that is 44 years old. Most of it is in a flood zone. After he made his purchase, he discovered that there were violations on the property. At closing, a city has to give transfer, title approval. The Board Association has to say, as far as they know, there are no major problems. The seller has to sign a document that they know of no underlying foundation problems that are severe so that you can close. After he closed on the condo, he discovers that there are all kinds of violations with no seawall. Illegal marinas have had problems with the board for 20 years. When he tries to deal with the City or section for commissioner on this board, he sends in pictures, he talks about floods and flood insurance, how it is affecting the building, how we are getting nowhere with the City. He cannot get any City Officials to come out, take pictures. When he renewed his insurance with State Farm, they inquired if the City has done anything with the flood insurance compliance. He said no the City has not done anything. What does that mean? Well, it means your flood insurance on your condo instead of being $800 a year is $1,900 a year. He asked if there is anything he can do about that. They said no, it is all up to your City and your Commissioners. He must have sent 400 e-mails to the Mayor and the Commission. He then inquired again if James Cherof was the City Attorney and that the City told him they cannot do an ordinance to get recertification yet Boca Raton did. He asked how this Commission can keep saying things in public that are not factual and that the Mayor told him earlier that Mr. Cherof is not the City lawyer. Mayor Grant responded that we never said Mr. Cherof is not the City lawyer. We said Mr. Cherof is not here; the Assistant City Attorney is here. Mr. Mignoli stated that Mr. Cherof is not here and he has not been here for several meetings. He said the Mayor stated Mr. Cherof is not the City lawyer. 14 Page 151 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant responded that is correct, the City does not have a lawyer. The City has retained a law firm. However, Mr. Cherof is the City's attorney as of record. Mr. Mignoli pointed out that the plaque on the front of the building states James Cherof, City Lawyer. Mayor Grant stated that he believes that Ms. Bridgeman is a partner for the firm. He asked Mr. Mignoli if he was familiar with how law firms work, that other lawyers may step in. Mr. Mignoli stated he is starting to learn. He asked if Mr. Cherof is the primary lawyer involved with all these lawsuits and flood issues, why is Mr. Cherof never here? Mayor Grant commented that Mr. Cherof has been with the City for 30 years. Mr. Mignoli stated that he is talking about in the last months since there have been severe problems after the building collapse. All of a sudden Mr. Cherof only responds by e-mail. Now there is an alternate. What good does that do? Mayor Grant commented that if the City Commission decides to get a new City Attorney, they can. We have hired the law firm of Goren Cherof to be our City Attorney. They have stated that James Cherof from their law firm is going to be our City Attorney. They did not say that Mr. Cherof cannot provide an alternate from his law firm to be the City Attorney when he is unavailable. Mr. Mignoli claimed that he has been to the last 15 meetings. Mr. Cherof has not been present. Is Mr. Cherof on leave? City Attorney Cherof asserted that he will answer the question. He is in attendance virtually tonight, and was in attendance virtually at the last meeting. He has been to the meetings with a few exceptions when he does take a vacation or he has an illness, in which case Deputy City Attorney Shana Bridgeman attends the meetings for him. He stated that he is in attendance and he has been since the inception of the meeting, as he is always when he cannot be physically present. Mr. Mignoli e-mails him daily as the City Attorney. Mr. Mignoli does know that he does exist not just virtually, but in the real world as well. Mayor Grant asked that the City Attorney please state his name for the record. City Attorney Cherof replied this is James Cherof and he is attending the meeting virtually. Mr. Mignoli commented that we are trying to get relief for our City. We are dealing with the same engineers and lawyers right in the middle of the problem. We have issues with flooding. Mr. Cherof has not solved anything and has been here for 30 years. When can we get a new lawyer? 15 Page 152 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant noted that he stated earlier, he can present it to the City Commission. The City Commission can choose a new law firm, keep the same firm or they can hire an attorney. Mr. Mignoli stated that he is tired of standing in six inches of saltwater at his house. Who knows what the saltwater is doing to the foundation? Vote City Clerk Gibson called the roll. The vote was 4-0. Commissioner Penserga inquired if staff has visited this site. Is there a problem? Mr. Temple stated multiple people have been on the site. He said that the City's Building Official has been on the site and he has personally been on the site. Commissioner Romelus inquired about their findings. Mr. Temple remarked that he will let the Building Official discuss his findings. Mayor Grant asked if staff is working with the County regarding their ordinance on condominiums? Mr. Temple replied that John Kuntzman, the City's Building Official, is on the technical subcommittee for this effort. He believes there was an item at the Board of County Commissioners meeting today to move forward with their countywide program. He stated that he mentioned this to the Commission a few months ago. Staff will be bringing it forward for the Commission's consideration. Vice Mayor Hay inquired if there is a timeline for this ordinance. Mr. Temple stated that it depends on what took place at the Board of County Commission meeting today and what happened at the meetings between Mr. Kuntzman and the County Building Officials. He could not imagine it being much longer than a month or two before first -reading is before the Commission. John Kuntzman, Building Official, commented that he is part of the building recertification process with the Palm Beach County League of Cities and all the building officials in Palm Beach County. Some municipalities have moved forward with their building recertification program. Palm Beach County believes our draft is head and shoulders above what Dade and Broward County have in place right now. We feel that our document that is going before the Board of County Commissioners tonight will be successful. The ordinance will have to be submitted to the Building Commission. Staff will make necessary changes and the present it to the City Commission. It is going to be a couple of months. 16 Page 153 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Mayor Grant asked if the ordinance would go before the Planning and Zoning Board. Mr. Kuntzman stated that he does not believe that it would go before the Planning and Zoning Board. Mayor Grant commented that the City is monitoring the situation. The Building Officials have not found anything that rises to a level of hazardous. Mr. Kuntzman noted that he has been at the site with Mr. Mignoli. He has explained to Mr. Mignoli that there are things that he can do, and there are things that he cannot do. He cannot force somebody to provide him with a building recertification. He has nothing to lean on, but what he can do is he can cite the items that he does see. There were some vertical cracks in the walls on two corners. There were a few balconies that look like they can use some repair. There are some cracks and there is a little bit of rust coming out of those cracks. He required the condo association to provide him with a structural analysis by a threshold engineer. He received a letter from the threshold inspector. The inspector did say that several balconies need repairs but nothing is an imminent danger. The vertical cracks have been determined that it was only stucco damage. They can be repaired by virtually anybody. He has been in communication with the HOA and they have told him that a threshold engineer was going out there to do a survey on the balconies because they do want to repair them. They are moving forward with that. That is why the threshold engineers were out there today taking notes, taking pictures, and coming up with a game plan to repair them. Mayor Grant inquired if it was ultimately the responsibility of the HOA. Mr. Kuntzman stated yes. B. Consideration of Plaintiff's settlement offer to the City and action to accept, reject, or make counter-offer in the case of: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50 2021 CA004638XXXX M B AE City Attorney Cherof, stated that the city is involved in this litigation. We have received a demand for judgment for $80,000. The item on tonight's Commission agenda is for your consideration, whether accept that offer, reject that offer, or make a counter-offer if you prefer. Or alternatively to do nothing at this particular point and the litigation would continue. In the last several days, we have communicated with the plaintiff's attorney. The demand for a judgment is in this case only regarding the depiction of the plaintiff in a mural and the modification of that image, which gave rise to her claim for defamation. Ms. Clemons does have one additional potential claim against the City arising from an EEOC complaint of discrimination. We were told that Ms. Clemons will settle both cases for a 17 Page 154 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 total of $100,000. If the City Commission wants to discuss a total settlement and a release that we would receive back to make certain there is no other pending litigation, that would cost the City Commission $100,000 per the current demand. He would ask that any motion if there is a motion tonight, be specific with respect to the dollar amount that we are authorized to settle the case for. Mayor Grant inquired if City Attorney Cherof received this offer in writing from the Plaintiff's attorney. Attorney Cherof replied yes, via email. Mayor Grant commented that Latosha Clemons is a native of Boynton Beach. The removal of her image from the mural hurts the most. Ms. Clemons started her career with the City in the Parks and Recreation Department, moving to the Fire Department and going from entry-level to the Deputy Fire Chief. The Commission should accept the offer of $100,000 so we can move forward. In addition, he does not think putting back the mural is enough. We have created a new urban orchard. He would like to rename that urban orchard after Ms. Clemons because of her dedication and contribution to the City of Boynton Beach. Vice Mayor Hay stated that he agrees with the Mayor. Ms. Clemons grew up with his daughter. He thinks we all have learned a lesson through this endeavor. He would hope and pray that the City does not go back to facial recognition again. God forbid they commit a crime. We would not want to have that image of that person. He would like to see a memorial to recognize the contributions of our first black female Deputy Fire Chief. He thinks this has been a misfortune. Unfortunately, it is something that happened. He is proud of how the City has handled it so far. The City removed the mural immediately. The person in charge was fired. We have adjusted. He supports this wholeheartedly so that the City and Ms. Clemons can move forward. Commissioner Penserga commented that what happened to Chief Clemons was wrong. It was disgusting. Chief Clemons did not deserve any of it. What happened is an offense not just to her but to the whole community. We all know this to be true. He is looking forward to her being made whole and for all of us to move forward. He stated to Chief Clemons that he was sorry that this happened to her. He wants her to move forward. This is one chapter. It does not need to be the only chapter. He thanked her for everything she has done for the City. Commissioner Romelus stated that Chief Clemons is not just another former employee in the City, she is a friend. Chief Clemons is somebody that she considers a mentor that she looks up to. Ms. Clemons has set a precedent for what it looks like to be a black woman in this country. She is doing tremendously well because she has already landed amazingly well in her new role as the Fire Chief of Forest Park, Georgia. Commissioner Romelus does not think any amount of money can make the situation right or make Chief Clemons whole. We live in a Capitalistic society; the best way we can say we are sorry 18 Page 155 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 is by giving these funds, but so much more should be said. Although this agenda item focuses on Chief Clemons, Chief Clemons was not the only person hurt in this situation. Former Fire Chief Glen Joseph and several other people were affected by these decisions made by people who were inconsiderate of the feelings and the long-term impact on these individuals. Not just by erasing their face but erasing their history, their impact, and their legacy. There is a lot to learn from this situation. It is not just that "let's not put faces on walls or murals again." As a community and as a society, we need to be aware of our cultural differences and biases. That is really what this is about. As a black woman who has been underestimated, underappreciated, and put in boxes that she did not belong, she understands full-heartedly the situation that Chief Clemons had to endure. She addressed Ms. Clemons and said that as a black woman speaking to another black woman, she stands on the shoulders of giants. This situation does not define her or any other black woman. Let this be a message to those who think it is okay to erase the history and the legacy that black women and black people have in this country. This will not stand. We will not allow for our hard work and our blood, sweat, and tears that we pour out every single day to make this country a community, we will not be erased. Motion Commissioner Romelus moved to accept the settlement of $100,000. Vice Mayor Hay seconded the motion. The motion passed unanimously. City Attorney Cherof stated he wants to be sure that it is clear that this settlement covers all claims pending or threatened. 13. Future Agenda Items A. Draft Ordinance for Disposition of City -owned Property. - November 2, 2021 B. Complete Streets Mobility Plan & Technical Report - November 2, 2021 C. 2022 Elections Services Agreement with the PBC Supervisor of Elections - November 2, 2021 D. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 - November 2, 2021 E. Building Department staff will present an update on the implementation of the new Sag esGovsoftware for permitting and inspections - November 16, 2021 F. National Flood Insurance Program Community Rating System Update - November 16, 2021 G. Representatives from FIU will present the Diversity & Equity 19 Page 156 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 Assessment of City Systems (Internal Assessment) - November 16, 2021 H. Sign Code Amendments - December 7, 2021 City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discussthe City's annual Legislative Agenda. - December 7, 2021 J. Consultant Presentation of Housing Needs Assessment - December 7, 2021 K. Representatives of FIU will present the Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 L. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 M. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD N. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. — TBD 0. Discuss Building Safety Inspection Program — TBD P. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD A motion unanimously passed to add a Future Agenda Item for a discussion regarding asking Latosha Clemons if she would consider being honored via the Urban Orchard. 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 7:50 p.m. CITY OF BOYNTON BEACH 20 Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Page 157 of 849 Meeting Minutes City Commission Boynton Beach, FL October 19, 2021 ATTEST: Crystal Gibson, MMC, City Clerk Tammy Stanzione, Deputy City Clerk 21 Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 158 of 849 7.A. Consent Bids and Purchases Over $100,000 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Approve the purchase of these thirty-eight (38) replacement vehicles as approved in the FY21-22 budget for an estimated amount of $2,496,474 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL28.0, FSA20-VEH18.0, Sourcewell contract#031121- TTC, and Sourcewell contract #060920 -NAF. The Florida Sherriffs and Sourcewell contracts complies with the City of Boynton Beach procurement requirements. Explanation of Request: The Fleet Manager recommends the purchase of thirty-eight (38) replacement vehicles. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-VEL28.0 (Effective May 1, 2020 — March 31, 2023). FSA20-VEH18.0 (Effective October 1, 2020 — September 30, 2022). Sourcewell#031121-TTC (Effective April 30, 2021 —April 30, 2025) Sourcewell #060920 -NAF (Effective August 1, 2020—August 1, 2024) The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Alan Jay for two (2) GMC Terrains for Police in the amount of $44,236.00, one (1) Chevy 1500 for Recreation in the amount of $26,396.20, one (1) Chevy 1500 for PW/Parks in the amount of $28,941, one (1) GMC Terrain AW D for Police in the amount of $23,795.00, and one (1) Ford F-250 for PW/Parks in the amount of $34,894.00. These units utilize the Sourcewell #060920 -NAF contract. 2. Bruce Rossmeyer's for one (1) Harley David Electra Glide for Police in the amount of $23,425.00. This unit utilizes the FSA20-VEL28.0 contract. 3. Duval Ford for two (2) Ford F-150 Police Responders for Police in the amount of $72,300.00, eighteen (18) Ford Police Interceptor Utility AW D's for Police in the amount of $670,464.00, one (1) Ford Explorer for PW/Parks in the amount of $34,236, and one (1) Ford F-350 dump for PW/Parks in the amount of $48,302.65. These units utilize the FSA20-VEL28.0 contract. 4. General GMC for two (2) Autocar with ASL's for PW/Solid Waste in the amount of $690,074.00, and one (1) Autocar with Front end loader for PW/Solid Waste in the amount of $334,455.00. These units utilize the FSA20-VEH18.0 contract. 5. Rechtein International for one (1) International with Petersen TL3-20 for PW/Solid Waste in the amount of $176,446.00 and one (1) International with Petersen RS3 Rear steer for PW/Solid Waste in the amount of $200,551.00. This unit utilizes the FSA20-VEH18.0 contract. 6. W ESCO Turf for four (4) Toro Groundsmaster 72" mowers for PW/Parks in the amount of $87,958.40. These units utilize the Sourcewell #031121-TTC contract. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to the community. Page 159 of 849 Fiscal Impact: The Total amount of $2,857,660.00 was approved in the FY 21-22 budget for this purchase of $2,496,474.00. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D Attachment D Contract D Contract D Contract D Contract Description IFleet Vehicles IF:1uirc1hased IFY21 22 IFleet Vehicles liisted #1 IFleet Vehicles liisted #2 and # IFleet Vehicles liisted #4 and #5 IFleet Vehicle liisted #6 Page 160 of 849 Fleet Vehicles Purchased FY2021-2022 CAUsers\DadylMDccumemslCcpy of Fleet Vehicle Purchases FY2021-2022 November 2 2021 Page 161 of 849 1 of 2 G®,I.�N�MENTAN®�® _rc r F.x Iy NJPA .J z.` RFP #060920 REQUEST FOR PROPOSALS for Class 4-8 Chassis with Related Equipment, Accessories, and Services Proposal Due Date: June 9, 2020, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [htt s: 2rotjortal.sourcewell- mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than June 9, 2020, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: Pre -proposal Conference: Question Submission Deadline: Proposal Due Date: Opening: April 16, 2020 May 19, 202010:00 a.m., Central Time June 2, 2020, 4:30 p.m., Central Time June 9, 2020, 4:30 p.m., Central Time Late responses will not be considered. June 9, 2020, 6:30 p.m., Central Time ** ** SEE RFP SUB -SECTION V. G. "OPENING' Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 1 Page 162 of 849 1. ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors' potential pool of end users. Sourcewell uses a website -based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell's contracts are available for use by: • Federal and state government entities; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell's contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly -funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 2 Page 163 of 849 Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country's listing): htts:"www.sourcewell- mn. ov, sourcewell-for-vendors member_ -locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, public notice of this RFP has been broadly published, including notification in the United States to each state -level procurement department for possible re -posting. Proof of publication will be available at the conclusion of the solicitation process. II. EQUIPMENT PRODUCTS, AND SERVICES A. SOLUTIONS -BASED SOLICITATION This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. RE UESTED E UIPMENT PRODUCTS OR SERVICES It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Class 4-8 Chassis with Related Equipment, Accessories, and Services, including, but not to be limited to: a. Chassis and cabs as classified by gross vehicle weight ratings (GVWR): Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 3 Page 164 of 849 Class 4: 14,001-16,000 lbs Class 5: 16,001-19,500 lbs Class 6: 19,501-26,000 lbs Class 7: 26,001-33,000 lbs Class 8: 33,001+ lbs b. A wide range of Class 4-8 chassis types and classifications, including conventional internal combustion, natural gas or propane autogas, hybrid or alternative fuel, and electric powered Class 4-8 Chassis. c. Proposers may include Class 3 chassis provided that they are complementary to Proposer's offering of Class 4-8 chassis. d. Proposers may include related equipment, accessories, and services to the extent that the solutions are an incidental portion of the response. 2. The primary focus of this solicitation is on Class 4-8 Chassis with Related Equipment, Accessories, and Services. This solicitation should NOT be construed to include: a. Transit buses. 3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. School Buses with Related Supplies, Parts and Services (RFP #102115); and b. Vehicles, Cars, Vans, SUVs, and Light Trucks with Related Equipment, Accessories, and Services (RFP #120716). Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 4 Page 165 of 849 Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. RE UIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safet Re uirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation froMjpdustrl Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New E ui ment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and o erational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $150 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer's sales force will be the primary source of communication with Participating Entities. The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 5 Page 166 of 849 G. ADDITIONAL CONSIDERATIONS 1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. 111. PRICING A. REQUIREMENTS All proposed pricing must be: 1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line -item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location). Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 6 Page 167 of 849 Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. IV. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer's Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature. If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked. V. RFP PROCESS A. PRE -PROPOSAL CONFERENCE Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 7 Page 168 of 849 purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre -proposal conference attendance is optional. B. UESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be.submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer's proposal status to INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to: i) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 8 Page 169 of 849 Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell's support provider at supoort„ ?Jdsandtenderssca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL RE UIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 9 Page 170 of 849 G. OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" or "Closed." The solicitation status will automatically change to "Closed" after the Proposal Due Date and Time. VI. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities' use. o A Proposer's sales and service network to assure availability of product supply and coverage to meet Participating Entities' anticipated needs. Total evaluation scores. The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell's knowledge about a specific vendor or product. B. AWARDS Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 10 Page 171 of 849 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan 50 Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing 400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 20212th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days' following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; and • Protest bond in the amount of $20,000, except where prohibited by law or treaty. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at anytime; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 11 Page 172 of 849 • Independently verify any information provided in a Proposal; • Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity's state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and • Award a contract to one or more Proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Rev. 2/2020 Sourcewell RFP #060920 Class 4-8 Chassis with Related Equipment, Accessories, and Services Page 12 Page 173 of 849 CUSTOMER -1-D BASE VEHICLE PRICE BED LENGTH J SUV J All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GAZ HEW EXTERIOR COLOR -SUMMIT -WHITE -WITH JET BLACK CLOTH SEAT TRIM. LYX M3U 1.51.14 TURBO WITH 9 -SPEED AUTOMATIC TRANSMISSION. BUC FACTORY BACKUP CAMERA(STD). IOR Audio system, GMC Infotainment System with 7" diagonal color touch -screen AM/FM stereo with seek -and -scan and digital clock, includes Bluetooth streaming audio for music and select phones; featuring wired Android Auto and Apple CarPlay capability for compatible phones(STD) DTR DAYTIME RUNNING LAMPS --------------------- ------------------------------------------------------------------------------------------------ PW PL PWR WINDOWS AND LOCKS (INCL) CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag Includes temp tag-&- two way overnight shipping for signature. 3KR Additional key and remote, cut and prog rammed. TRADE IN FACTORY OPTIONS ------------------------------------------ ------------------------------------------ CONTRACT OPTIONS VEHICLE TOTAL MSRP DISCOUNT ACCESSORY TOTAL CUSTOMER PRICE $21,658.00 $0.00 -------------------- $0.00 -------------------- $0.00 $245.00 $215.00 ------------------- $460.00 $21.658.00 22.4% $460.00 $22,118.00 YES WE TAKE TRADE INS ASK ABOUT MUNICIPAL FINANCING $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $22,118.00 ----- - - ---------- — ---- -- — — ---- ----------- ----- --- ----------------- ---- Estimated Annual payments for 60 months paid in advance; $4,353.52 ---Municipal 6nance for any essential use vehicle, requires lender aprouale_WAC,-------------------- ------------------ - Comments STOCK UNIT VIN: [VIN NA] READY FOR QUICK DELIVERY VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christy.selflaialaniay.com "7 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. NJPA-BOYNTON BEACH, CITY OF-TXL26 3SA_34275-1_Quote.PDF Page 1 of 1 Page 174 of 849 —All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order FACTORY OPTIONS DESCRIPTION GAZ H2G EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. $0.00 _-- _________ ____________----------- LV3 MYC -------- .__...._________------------------------------ .----------------------------- 4.3L ECOTEC V6 WITH 6 -SPD AUTO TRANS $0.00 PEB Sierra Value Package includes (PCI) Convenience Convenience Package includes (AQQ) Remote Keyless Entry, (QT5) EZ $1,635.00 Lift power lock and release tailgate, (AKO) tinted glass, (UF2) LED cargo bed lighting, (C49) rear -window defogger, (K34) cruise control and (DLF) outside power mirrors(Not available with (ZLQ) Fleet Convenience Package. When (ZW9) pickup bed delete is ordered (QT5) EZ Lift power lock and release tailgate and (UF2) LED cargo bed lighting will not be available. included with (PEB) Sierra Value Package.) and (Z82) Trailering Package(Not available with (ZW9) pickup bed delete or (ZLQ) Fleet Convenience Package.) PCI Convenience Package **INCLUDED WITH PEB** $0.00 includes (AQQ) Remote Keyless Entry, (QTS) EZ Lift power lock and release tailgate, (AKO) tinted glass, (UF2) LED cargo bed lighting, (C49) rear -window defogger, (K34) cruise control and (DLF) outside power mirrors(Not available with (ZLQ) Fleet Convenience Package. When (ZW9) pickup bed delete is ordered (QT5) EZ Lift power lock and release tailgate and (UF2) LED cargo bed lighting will not be available. Included with (PEB) Sierra Value Package. Available to upgrade to -------------- (QK2) GMC MuitiPro Tailgate without (ZW9) pickup bed delete.) ---------------------------------------------------- ------ ------------------ JL1 Trailer brake controller, integrated $270.00 ------------------- --------------------- VQO ------------------------------------------------------------------------------------------------------------------------- LPO, BLACK ASSIST STEP. ----------------------------------------------------_---_--------------------------------- $445.00 ---------- -------- ------------- 5H1 2 ADDITIONAL KEYS FACTORY CUT DEALER PROGRAMMED$125.00 -------------------- -------------------- VK3 — - --------- ---------------------------------------------------------------------------_- FRONT LICENSE PLATE BRACKET FACTORY ORDERED $0.00 -------------- MY 22 ------ ------------------------------------- -------------- — ------------------------- _— 2022 MODEL YEAR INCREASE. (2°/ OF MSRP ($35,560 X 2%— $711.20) -------------------- $711.20 FACTORY OPTIONS _ $3,186.20 CONTRACT OPTIONS DESCRIPTION NEW -TAG New SUNSHINE STATE tag Includes temp tag & two way overnight shipping for signature. $315.00 ----------------- _ .__--------------- 3K ------__------------------------------------------------------------------------------------------------------------------_--_- Plain cut 3rd key, no programming required (NO REMOTE). $65.00 -------------------- ---------- --------- FS MPS620U-4-A -------------------------------------------------------------------------------- (4) Federal Signal MicroPulse Ultra (AMBER) includes (2) mounted in grille with black flange and (2) mounted to tail gate $690.00 with white flange. BUA Federal Signal 90 -0 -back-up alarm. $145.00 __ CONTRACT OPTIONS $1,215.00 NJPA-BOYNTON BEACH, CITY OF-TC10753 1SA_33647-1_Quote.PDF Page 1 of 2 Page 175 of 849 All! 01 R 7/2' FEIR// 1��Jjplllli��&.' !!Ili IIIIIjjjjIj� I NJPA-BOYNTON BEACH, CM OF-TC10753 I5A-33647-I—Quote.PDF Page 2 of 2 Page 176 of 849 Sou rcewell �y NAIA E-E-]� JEW"AMAIL All M-Kiw Call Us first, for all of your Fleet Automotive, & Light Truck needs. Quote PHONE (800) ALA NJA Y (252-6529) DIRECT 863-385-9610 IVnVW.ALANJAY.COM $3646-2 Corporate 2003 U.S. 27 South MOBILE 904-838-4999 Mailing P.O. BOX 9200 Office I Sebring, FL 33870 FAX 863-402-42211 Address I Sebring, FL 33871-9200 ORIGINAL D QUOTE DATE UICK TE DATE REVISE SHEET 1015QUO/2021 Q� QUOTE 10/6/2021 REQUESTING AGENCY BOYNTON BEACH, CITY QF CONTACT PERSON WILLIAM DARTY EMAIL P@08NJ§_bbfl-uS PHONE 561-742-6215 MOBILE FAX .......... I., . . ........ SOURCEWELL (FORMERLY NJPA) CONTRACT 2021120716-NAF&060920-NAF www.NationalAutoFfeetGroup.com MODEL TC10753 ISA MSRP $36,560.00 2021 GMC SIERRA 1500 DOUBLE CAB 2WD 6.5' BED 147" WB WORK TRUCK CUS r(,")�'WEIR I BASE VEHICLE PRICE $21,996.00 BED LENGTH 6.5' BED *.All vehicles will be ordered white w1darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GAZH2G -- - - - ----------- EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK VINYL INTERIOR. - - .1 --------------------- ---------------------------------------------------------------------- --------------------- $0.00 LV3 MYC -- - ------------ 4.3L ECOTEC V6 WITH 6 -SPD AUTO TRANS ­ ------------------------ ---------------------------------------------- - ---------------------------------------------------- -------------------- $0.00 PEB Sierra Value Package includes (PCI) Convenience Convenience Package includes (AQQ) Remote Keyless Entry, (QT5) EZ -------------------- $1,635.00 Lift power lock and release tailgate, (AKO) tinted glass, (UF2) LED cargo bed lighting, (C49) rear -window defogger, (K34) cruise control and (DLF) outside power mirrors(Not available with (ZLQ) Fleet Convenience Package. When (ZW9) pickup bed delete is ordered (QTS) EZ Lift power lock and release tailgate and (UF2) LED cargo bed lighting will not be available. Included with (PEB) Sierra Value Package.) and (Z82) Trailering Package(Not available with (ZW9) pickup bed ----------------------- --de-lete or (ZLQ) -Fleet Conven-ie-rice-Package.) ----------------------------------------------------------------------------------- PCI Convenience Package "INCLUDED WITH PEB** --------------------- $0.00 includes (AQQ) Remote Keyless Entry, (QT5) EZ Lift power lock and release tailgate, (AKO) tinted glass, (UF2) LED cargo bed lighting, (C49) rear -window defogger, (K34) cruise control and (DLF) outside power mirrors(Not available with (ZLQ) Fleet Convenience Package. When (ZW9) pickup bed delete is ordered (QTS) EZ Lift power lock and release tailgate and (UF2) LED cargo bed lighting will not be available. Included with (PEB) Sierra Value Package. Available to upgrade to ----------------------- --(-QK2) GMC_MuItiPro Tailgate-with-out-(-ZW9)-pickup-bed delete.) JL1 --------------- Trailer brake controller, integrated - --------------------------------------------------------------------------------------------- $270.00 ---------- VQC` ---------------- LPO, BLACKASSIST STEP. ---------- $445.00 _5H1 ----------------- 2 ­ ADDITIONAL _KEYS _FACTORY CUT DEALER PROGRAMMED ------------------------------------------------------ ------------ $125.00 VK3 -------------------- FRONT LICENSE PLATE BRACKET FACTORY ORDERED ---------------------------------------- ------------------------------------------------------------------------------------------- ---------- $0.00 MY 22 2022 MODEL YEAR INCREASE. (2% OF MSRP ($35,560 X 2%= $711.20) 7 ---------------------------------------------------- 7 -------------------- $711.20 ------- ------------ ------------------------------------------------------------------- FACTORY OPTIONS $3,186.20 CONTRACT OPTIONS DESCRIPTION NEW -TAG ---------- --New CITY tag-Includes-te-m-p tag -&- two -way-overni-ght-shippin-g for signature. ------------------------------------------------ $245.00 3K - ----------------- Plain cut 3rd key, no programming required (NO REMOTE). - -------------------------------------------------------------------- ---------- $65.00 ATB -18 -LP ---- - ------------ HD ALUMINUM TOOL BOX WITH LOW -PROFILE LID AND 18" DEPTH ­ ----------------------------- ---------- -- ---- -------------------------------------------------------------------------- ----------- ­ ­ - $470.00 BUA - - Federal Signal 90 dB back-up alarm. -------------------- $145.00 W LIBERTY54-AA Whelen 54" Liberty 11 solo light bar, Amber, with adjustable feet & strap kit. $2,210.00 W 6 -SWITCH Whelen 6 -switch contoller. $85-00 HDSOB SH HD Scorpion spray on bed liner (short bed) under rail. ------------------------------------------- 7 ----------------------------------------------------------------------------------------- $540.00 -------------------- CONTRACT OPTIONS $3,760.00 NJPA-BOYNTON BEACH, CITY OF-TC10753 ISA-33646-2—Quote.PDF Page I of 2 Page 177 of 849 NJPA-BOYNTON BEACH, CITY OF-TC10753 ISA-33646-2—G.uote.PDF Page 2 of Page 178 of 849 PHONE (800) ALANJA Y (252-6529) Corporate 2003 U.S. 27 South Office Sebring, FL 33870 Sourcewell U urcr,�+I��r ri11Wdi. Quote DIRECT 863-385-9610 WWW.ALANJAY.COM 34296-1 MOBILE 904-838-4999 I Mailing P.O. BOX 9200 FAX 863-402-4221 Address Sebring, FL 33871-9200 ORIGINAL QUOTE DATEQUOTE �EVISED QUOTE DATE QUICK H��� 10/20/2021 10/20/2021 REQUESTING AGENCY BOYNTON BEACH, CITY OF CONTACT PERSON WILLIAM DARTY EMAIL a w _ Haus PHONE 561-742-6215 MOBILE FAX RCEWELL (FORMERLY NJPA) CONTRACT # 2022120716 -NAF & 060920 -NAF www.NationaIAutoFIeetGroup-com MODEL TXB26 3SA MSRP 2022 GMC TERRAIN SLE AWD CUSTOMER ID BASE VEHICLE PRICE BED LENGTH SUV J ** All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order FACTORY OPTIONS DESCRIPTION GAZ HEW EXTERIOR COLOR SUMMIT WHITE WITH JET BLACK CLOTH SEATTRIM. LYX M3U 1.SL 14 TURBO WITH 9 -SPEED AUTOMATIC TRANSMISSION. ________________--------------------------------------------------------------------- _------------------------- BUC FACTORY BACK UP CAMERA(STD). ------------------------------------------------------------------------------------------------------------------------------------ IOR Audio system, Chevrolet Infotainment 3 system, 7" diagonal color touchscreen, AM/FM stereo. Additional features for compatible phones include: Bluetooth audio streaming for 2 active devices, voice command passthrough to phone, Apple CarPlay and Android Auto capable. (STD) DTR DAYTIME RUNNING LAMPS ----------------------- -------------------- _---------------------------------------------------------------------------------------- .-__-________________- PW PL PWR WINDOWS AND LOCKS (INCL) FACTORY OPTIONS CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag In temp tag & two way overnight shipping for signature. 3K SMART 3rd key and remote for vehicles with proximity access. TRADE IN ------------------------------------------- CONTRACT OPTIONS VEHICLE TOTAL MSRP DISCOUNT ACCESSORY TOTAL CUSTOMER PRICE $23,210.00 $0.00 $0.00 $0.00 $245.00 $340.00 $585.00 $23,210.00 21.3% $585.00 $23,795.00 YES WE TAKE TRADE INS ASK ABOUT MUNICIPAL FINANCING --- $0.00 TOTAL COST LESS TRADE IN(S) QTY 1 $23,795.00 EstimatedAnnual payments for 60 months paid in advance: $5,329.1 - -- _.— --Municipal mance for any essential use vehicle, requires lender_ approval,_ AC. Comments STOCK UNIT VIN: [VIN NA] READY FOR QUICK DELIVERY VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER cris ,sel alan .co "7 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. 1 am always happy to be of assistance. NJPA-BOYNTON BEACH, CITY OF-TXB26 3SA_34296-1_Quote.PDF Page 1 of 1 Page 179 of 849 MODEL W2A 600A__ MSRP 2022 FORD F-250 CREW CAB 2WD XL 8' BED 176" WB CUSTOMER ID BASE VEHICLE PRICE BED LENGTH 1 8' BED —All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION Zi AS EXTERIOR COLOR OXFORD WHITE WITH MEDIUM EARTH GRAY HD VINYL 40/20/40 SPLIT BENCH SEAT INCLUDES ------------------------ CENTER ARMREST WITH CUPHOLDERS, STORAGE, AND DRIVERS SIDE MANUAL LUMBAR. ----------------------------------------------------------- 996 44S____ _ ______ ----------------------------------------- 6.2L EFI V8 ENGINE WITH 6 -SPEED AUTOMATIC TRANSMISSION. 52B _______________________ _________.-__-____________________________----------- -1 ---------------------------------------- ____-____________52B ELECTRIC BRAKE CONTROLLER ___--------------------------------------------------------------------------------- TT __________________ _.-.___.___________________________________- FACTORY TRAILER TOW HITCH STANDARD. ----------______________----_------. 76C ----.-_______________________________ _—_-___-----___------___-- EXTERIOR BACKUP ALARM 90L Power Equipment Group -inc: Deletes passenger side lock cylinder, upgraded door -trim panel, Accessory Delay, Advanced Security Pack, SecuriLock Passive Anti -Theft System (PATS) and inclination/intrusion sensors, MyKey, owner controls feature, Power Locks, Remote Keyless Entry, Folding Trailer Tow Mirrors w/Power Heated Glass, manual telescoping, heated convex spotter mirror and integrated clearance lamps/turn signals, Power Front & Rear Side Windows, 1 -touch up/down ----------------------- --driver/passenger window ---------- --------------------- __15_3 ----------------- FRONT LICENSE PLATE BRACKET CONTRACT OPTIONS DESCRIPTION NEW -TAG -------- ----- New CITY tag Includes temp tag & two way overnight shipping for signature. ------------------------------------------------------------------------------------ ATB-I8-LP HD Aluminum tool box with low -profile single lid and 18" depth. 3K Plain cut 3rd key, no programming required (NO REMOTE). W LIBERTY54-AA Whelen 54" Liberty II solo light bar, Amber, with adjustable feet & strap kit. W 6 -SWITCH Whelen 6 -switch contoller. HD SOB LG HD Scorpion spray on bed liner (long bed) under rail. TRADE IN $29,494.00 $0.00 -_- -------- ------------- $0.00 --— ------------------- $265.00 ------------ $0.00 $135.00 $1,120.00 YES WE TAKE TRADE INS ^"""' ASK ABOUT MUNICIPAL FINANCING --- TOTAL COST LESS TRADE IN(S) QTY Estimated Annual payments for 60 months paid in advance: $7,814.82— -- unicsi ai finance for any essentiai ease vehicle, requires lender approval, WAC. $0.00 $1,520.00 $245.00 -------- __$520.00 $65.00 $2,290.00 $95.00 $665.00 $3,880.00 $31,014.00 26.1% $3.880.00 $34,894.00 $0.00 1 $34,894.00 VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER chrismself �lanjav,com "7 Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Please review it carefully. If there are any errors or changes, please feel free to contact me at any time. I am always happy to be of assistance. NJPA-BOYNTON BEACH, CITY OF-W2A 600A_33673-2_Quote.PDF Page 1 of 1 Page 180 of 849 10/21/21, 8:13 AM SOUrCEA if.?H 060920 -NAF I Sourcewell National,Auto I��qeet Class 4-8 Chasts vith I'Nlelated Ecluipnient #060920 -NN" Nlatur�ty Dzite,08/01/�2024, il t o(Jt,dicts & Servi(:es Products & Services 0 S�OLJrrewek cr,�)nbvct 060920 -NAF gNes access to the holkm&g types of goods and ser0ces-, (Ass 4-8 chasts models I S Liz �^ I Chewalet 1,<,enwor,fl"i Dodge Ram PA a c k,, Ford PeUmbk Freig"Ad Hie rylVestern Star v("')[vo Hinamu Add ition a �� � ni formiatioi � ca ri be fo u nd o n th e wando rprovided nongovern n �e nt w6�)site at: n at i o � i a I a t, i I�o fl e etg r oup com m https://www.sourcewell-mn.gov/cooperative-purchasing/060920-naf Page 181 of qv 10/21/21, 8:13 AM Beconie a Member 060920 -NAF I Sourcewell c:;i t[,eon I, ir'e appkadcui or coMact the ClKrq IRA a Funent t w11°lI°"V at J or 87T5850706, Semirch Vendors & Contracts Gienei','��fl Contr,'w'�icts e&QCCbnhaUs SommW I webm rwymoNn knks to no ngovernment "TWes Nib, ng prodded as a cc nve Nonce and for puq:Icses (,,m I y. So urc ewe H ne a her end a mes nor gu a r a OR e, in any way, theElXte�'19,) I (,)rg0ll!;.'ZAiW I 'SsElrv�CeS, MAE, oqvmducIain Illy. Wded W thme vabske Unks. SourveweH bears no responslHAy fm the acamqq legalky, or tkneNins of any cown! an the ewemM she or Whar of subsequmit hrfl,,se AH i'("IaI('CJ tC) C(D(ItCT11' c,kn s,,hmud Rye addrused dkedAy f�o the h(,:�st of th'.It mirborne r https:/Iwww.sourcewell-mn.gov/cooperative-purchasing/060920-naf Page 182 of §49 22 Sourcewell 71 4/17/2020 Addendum No.1 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Do you have a list of specifications for both the vehicles and equipment needed? Answer 1: Sourcewell utilizes a competitive, solutions -based solicitation approach that is not based on detailed specifications or finite quantities for our cooperative contract awards. A respondent is allowed to propose the entire line of products and services falling within the scope of the RFP. Section II. B. of the RFP addresses the requested equipment, products, or services for this solicitation. Question 2: How are delivery charges handled at the time of order? Is there a list of potential destinations? Answer 2: It is left to the discretion of each proposer to propose a method for delivery charges that fits with their business practices. Proposals are evaluated based on the criteria stated in the RFP. Sourcewell participating entities include thousands of governmental, higher education, K-12 education, not-for-profit, tribal government, and other public agencies located in the United States and Canada. Page 183 of 849 Question 3: How do I join the Pre -proposal conference on May 19, 2020? Answer 3: Refer to Section V. A. of the RFP for additional detail on the pre -proposal conference. All entities that have registered for this solicitation opportunity in the Sourcewell Procurement Portal will receive log -in instructions via email two business days prior to the webcast. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/16/2020, is required at the time of proposal submittal. Page 184 of 849 Sourcewell 4/22/2020 Addendum No. 2 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Will this bid be awarded by Class and Fuel type within that class? For example, separate awardees for Class 4 Gasoline, Class 4 Electric, Class 4 CNG, Class 4 Propane, Class 4 Diesel? Answer 1: Sourcewell is seeking "... the broadest possible selection of products/equipment and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities " (see, RFP Section II. B.). A Proposer should submit their complete line of equipment, products, or services that are applicable to the scope. Depending on the responses received, Sourcewell may need to organize responses into subcategories, and awards may be based on a subcategory (see, RFP Section II. G. 1 & 3). However, Sourcewell typically does not find it necessary to award by subcategory. Question 2: Will it now be mandatory for a Saskatchewan Rural Municipality to use this system to purchase class 4 - 8 trucks? Answer 2: Refer to RFP Section I. B., ..."Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources." Page 185 of 849 Question 3: Are the references that are to be submitted, required to be an existing participating entity of Sourcewell? Answer 3: It is left to the discretion of each proposer to determine how to best demonstrate their ability to serve Sourcewell participating entities and satisfy all the requirements included in the questionnaire tables. Table 4 — References/Testimonials, Line Item 21, seeks information from "three customers who are eligible to be Sourcewell participating entities." End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/22/2020, is required at the time of proposal submittal. Page 186 of 849 Sourcew,ell �71 1/ 4/29/2020 Addendum No. 3 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In demonstrating Financial Strength as part of Question 9, will the supporting documents provided, end up in the public domain or is this just for Sourcewell internal use only? Answer 1: RFP Section VI., E., Disposition of Proposals, addresses the handling of materials submitted in response to the RFP under Minnesota Statutes Section 13.591. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 4/29/2020, is required at the time of proposal submittal. Page 187 of 849 Sourcewell 7:, 5/4/2020 Addendum No. 4 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Would we be allowed to just bid the equipment we manufacture as we do not manufacture chassis? Answer 1: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). A proposal that is not in substantial compliance with the requirements of the RFP will be considered nonresponsive. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/4/2020, is required at the time of proposal submittal. Page 188 of 849 Sourcewell ICCIII �j , 0 1 5/12/2020 Addendum No. 5 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: How will the Administrative Fees for the resulting contracts from this RFP be determined? At what percentage rate or what flat fee can we expect to be charged? Answer 1: Refer to RFP Section Ill. B. — Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/12/2020, is required at the time of proposal submittal. Page 189 of 849 Sourcewell 7 5/13/2020 Addendum No. 6 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is Sourcewell responsible for the registration of vehicles, or for the determination and collection of State/Provincial or Federal taxes due, on participating entity purchases under the contract (or contracts) awarded as a result of the RFP? Answer 1: No, Sourcewell is not involved in vehicle registration, or tax determination or collection, for participating entity transactions under the awarded contracts. A Proposer is to identify any transaction costs or fees that are not included in equipment pricing as described in RFP Section III. A. — Pricing and in template Contract Section 3. A. — Pricing. To the extent that a participating entity may be exempt from taxes or fees, the participating entity is responsible for providing a tax exemption certificate as described in template Contract Section 3. B. — Sales Tax. Question 2: Is Sourcewell financially responsible for participating entity purchases under the contract (or contracts) awarded as a result of the RFP? Answer 2: Participating entities are solely responsible for payment. See template Contract Section 6. A. — Participating Entity Use and Purchasing. Page 190 of 849 Question 3: Does Sourcewell bear the risk of loss in the event that a vehicle is damaged or stolen, or a. transaction is terminated, before title passes to the participating entity? Answer 3: No. Transactions under the contract are between the participating entity and the awarded vendor. Sourcewell has no liability for a participating entity's transaction or payment, and bears no risk of loss in the events described. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5,/13/2020, is required at the time of proposal submittal. Page 191 of 849 I'IIOU�iWkf+. Sourceweill 5/18/2020 Addendum No. 7 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What will be the effective dates (start and ending) for pricing submitted with the bid? Will that time frame be consistent for the 3 remaining annual periods? Answer 1: Refer to Section 3. - Pricing and Section 4. — Product and Pricing Change Requests, in the Sourcewell template Contract (available on the Sourcewell Procurement Portal), for guidance on pricing during the term of awarded contracts. Question 2: To what extent will Sourcewell make public the pricing files (IE: data books) supplied by bidders? Answer 2: Refer to RFP Section VI. E. - Disposition of Proposals for guidance on pricing material submitted in response to the RFP and applicable public data laws. Question 3: Can respondents to the solicitation expect that references provided to Sourcewell will not become public? Answer 3: Refer to RFP Section VI. E. - Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable public data laws. Page 192 of 849 Question 4: For a Proposer that is a dealer representing multiple OEM brands, some of which will be submitting a response and some of which will not be submitting a response to the Sourcewell RFP, do we leave out our OEM's who are responding from our proposed solution? Answer 4: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, it is left to the discretion of each proposer to determine the equipment, products, and services that the proposer will include. The solicitation is a competitive process and proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/18/2020, is required at the time of proposal submittal. Page 193 of 849 Sourcew.11 E111113 (YIPf� 5/21/2020 Addendum No. 8 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: What is expected in the Marketing Plan requirement? Is the marketing plan to be reviewed by the agency? Answer 1: Refer to RFP Section II. F. — Marketing Plan for guidance on the marketing plan requirements. Each proposer, in its discretion, will determine the content of its marketing plan. The solicitation is a competitive process and proposals will be evaluated on the content submitted. Question 2: Will the Marketing Plan be given to participating entities? Or is this just for Sourcewell? Answer 2: Refer to RFP Section VI. E. — Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable data laws. Question 3: Will the agency/customer be willing to sign an NDA in order for a vendor to share technical specification details? Answer 3: Refer to RFP Section VI. E. — Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable data laws. Page 194 of 849 Question 4: Will the agency accept redlines on the contract during the procurement process? Answer 4: Refer to RFP Section IV. - Contract for guidance on the process for requesting a modification to the template contract terms, conditions, or specifications. Question 5: Is the administrative fee set or is this fee negotiable prior to the award or when awarded? Answer 5: Refer to Addendum 5, Answer 1, posted to the Sourcewell Procurement Portal on May 12, 2020. Question 6: What marketing support does Sourcewell provide to an awarded vendor after a contract is issued? Answer 6: Refer to the "Sourcewell Vendor Resources" link provided on the Sourcewell Procurement Portal "Bids Homepage." Question 7: Are all cutaway passenger buses considered a transit bus, regardless of size, for this solicitation? Answer 7: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in RFP Section II. B. (Requested Equipment, Products and Services). A proposal that is not in substantial compliance with the requirements of the RFP will be considered nonresponsive. Page 195 of 849 Question 8: Will purchase orders originate from Sourcewell or the participating entity? Answer 8: Refer to RFP Section I. B. — Use of Resulting Contracts, for additional guidance on the order process. Question 9: Do we need to register with the Secretary of State for a certificate to transact business in the State of MN? Answer 9: Each proposer, in its discretion, will determine the documentation necessary to best demonstrate its ability to serve Sourcewell participating entities and fulfill the requirements set forth in the RFP. A Certificate of the Minnesota Secretary of State is not a mandatory submittal requirement for this solicitation. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/21/2020, is required at the time of proposal submittal. Page 196 of 849 f Sourcewell 7 J% 5/26/2020 Addendum No. 9 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Federal and State incentives typically apply when quoting electric -powered truck chassis. Should we quote prices before incentives with a note that we will apply any applicable incentives? If not, how do you suggest we handle this issue? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, each proposer, in its discretion, will determine and propose the pricing approach that aligns with their business methods and satisfies all the requirements of RFP Article III - Pricing. Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/26/2020, is required at the time of proposal submittal. Page 197 of 849 Sourcewell 7 5/27/2020 Addendum No. 10 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Can Sourcewell Participating Entities include US or Canadian Federal entities? Answer 1: Refer to RFP Section I. B. Use of Resulting Contracts for information on Sourcewell Participating Entities. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 5/27/2020, is required at the time of proposal submittal. Page 198 of 849 I Sourcewell r i, 6/3/2020 Addendum No. 11 Solicitation Number: RFP 060920 Solicitation Name: Class 4-8 Chassis with Related Equipment, Accessories, and Services Consider the following Questions and Answers to be part of the above -titled solicitation. documents. The remainder of the documents remain unchanged. Question 1: Can we attach videos & power points, if so, how do we accomplish this? What size videos or product literature is permitted on each attachment? Answer 1: All relevant information should be included in the proposal (RFP Section II., G.). It is left to the discretion of each proposer to determine the method it deems best suited to submit its relevant information in a timely fashion through the Sourcewell Procurement Portal. The maximum upload size is 500 MB per upload, however, items may be combined in a zipped file format should they exceed the 500MB limit. Question 2: Is there a way to download our Table responses to a hard copy for proof reading? Answer 2: After selecting "Start Submission," a proposer may navigate to Step 4 — "Preview Bid" and select "Preview My Bid in PDF," if a downloadable PDF of the questionnaire tables is desired. Question 3: Table 8 Value Added Attributes - 40. Please define what a hub partner constitutes? Page 199 of 849 Answer 3: A hub partner is identified as a historically underutilized business partner. Examples of historically underutilized businesses are listed in Table 8, Question 40. End of Addendum Acknowledgement of this Addendum to RFP 060920 posted to the Sourcewell Procurement Portal on 6/3/2020, is required at the time of proposal submittal. Page 200 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 060920 -NAF SO, u rcewe 29" Solicitation Number: RFP #060920 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires August 1, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Rev. 2/2020 Page 201 of 849 .y.. w... -.-F- v. d. c.ai.rrrrly--I--- vI N-U®V3G%rJ®G®JI 060920 -NAF Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Rev. 2/2020 2 Page 202 of 849 Ljow-ign Cnvuiu t: IU. GGJ IMYH4-UV/J-YVVO-n0/Ll-OOVpLVJULUJ/ 060920 -NAF Vendor must ariraii,,ige for and 1pay for the return shulpmernt on Eguuiipvnner°nt and IProduu is plhat arruve in a defective or urnoperabie condition. Sou.ur e ell r°mnay declare the Vendor in lbireaclh of thus Coriitract if the Vendor intevntuovnailly depiiveirs substandard or inferior Equipment or Ipgroduuctso In the event of the delivery of nonconfi-Knihng Equipment and IRrodu dS,1l'ne Participating Entity will notify the Vendor as soon as p:uossulMe and the Veu°odor will irep lace nonconforming Equipment and I13rodu°ucts with conforming n Ilfwquuprmnevnt and Productsthat are acceptable to the Particiipafing Entity. B. SALES"'u"AX. Each Participating Entity is reslpounsibIle for supgpyun tIhe Ver' -odor with vapid tax exermniptiorn ertiifii atuorn(s)o Whein oirderurn , a Parflclipaflng Entity rnuust indicate if it is a tax... exempt t evntity. H01" 11, IIS I II0III4 . At array time diururn tIhus Coritract, Vendor may offer a slpeciift selection of Equipment, Products, or Services at discounts greater than those lusted in the Contract. When Vendor determines it will offer Hot u...ust IPrpr:uu°n , It imust be .suubrnftted epectrovnicaplly to ou➢rceweH in a puree uternn forrvna . Il::quuiiprmnernt, Products, or Services may The added or ireinrnoved from the Hot Ust at anytime through a ou�rceweH Il idce and Pirodu ct Chane Form as defined in Article 4 lbello . Hot List Ipro r irnn and pricling may allso be used to duscouurnt and Iluquudate chose out avid discontinued Egoulprneint and Products as long as those chose out and dies orn l nued liternns are dlearlly identified as such. Ourrent ordering process and adrmnurnustra ive fees appy. IHot Il...ust Pirie i ng rmniust be puu llisll°oed and irnnade avaiillalhlle to all Flarp:ueulpafin I1::.: n'dties. 4. IINIODU "I" AND PRII IIING Cli--iANGE REQUESTS Vendor i ay request Equipment, Product, or Service changes, additions, or delletiiorns at any time., App requests in"i use the made in writing by submitting a signed Souircewell II° eke avid Product Chain e Request Form to the assn coed Sourcewell Contract Adnrniirnustiratoir. "'p"his for °m its avaHalblle frormn the assigned Sourcewell Contract dvnnurnustirator. At a irmnurnurmnuurru, tl-ie irequest vnnuAst. * Ilderntify the alplpu!Ica ll:ulle Sou rcewepll corntra t rni.. rmThe ir; * Clearly specufy the requested cll,iarn e„ * Pirovude sufficient detail ll to juustify the regUested change; * IIndividually p'u.st all Eq u'ppirmnernt, Products, or Services affected Ihy the requested dharn e, allowing witl-n the requested change (e.g., addition, deletion, price clhain e)H and Include a cormnpunlleu,:e irestaterrnernt of pirking doeunirmnerntaflorn hi Microsoft Excel with the effective date of the rmnodufued pricing, or pnrodUct addition or dOetuoin. The new 1priicurn restaternernf must include all Equipment, PirodUcts, arnd Services offered, even for those iiteirmn,s null, -here prIlcirig remains ornclharn ed. Page 203 of 849 060920 -NAF A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential members to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. Rev. 2/2020 Page 204 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 060920 -NAF B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. PERFORMANCE BOND. If requested by a Participating Entity, Vendor will provide a performance bond that meets the requirements set forth in the Participating Entity's order. D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. E. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Maintenance and management of this Contract; Timely response to all Sourcewell and Participating Entity inquiries; and Business reviews to Sourcewell and Participating Entities, if applicable. Rev. 2/2020 Page 205 of 849 uvvuulyll I-VIVPW IV. GLJ IM4/'1l. JV/.7-4VOO-HO/U-ISISUUt:k JtSLb0I 060920 -NAF B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit a check payable to Sourcewell for the administrative fee amount of $400 multiplied by the total number of trucks purchased by Participating Entities from Vendor under this Contract, and $200 multiplied by the number of trucks purchased by Participating Entities from Vendor's partner dealer Alan Jay Automotive in Florida, during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above "Attn: Accounts Receivable." Payments must be received no later than 45 calendar days after the end of each calendar quarter. Rev. 2/2020 Page 206 of 849 umu.JllylI CIIvelupa IV. CLJ II 060920 -NAF Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused Rev. 2/2020 Page 207 of 849 060920 -NAF by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. 12. AUDITS Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of 6 years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. 13. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 14. INDEMNIFICATION As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 15. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and Rev. 2/2020 Page 208 of 849 uocu,-.)ign cnveiope iu: czo ire4n�,-�t,ro Avon-rearv-®avycvJiseoar 060920 -NAF promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. - b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 16. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 2/2020 Page 209 of 849 060920 -NAF 17. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 18. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 19. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev.2/2020 10 Page 210 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 060920 -NAF • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 20. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev,2/2020 11 Page 211 of 849 uocu,jign tnveiope ID: EY31A4AC-bC/5-4U6S-A87D-13BU9EC3BEB57 060920 -NAF 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000 — annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data — including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non -renewal, or reduction of coverage without 30 days' prior written notice to the Vendor. Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. Rev. 2/2020 12 Page 212 of 849 DocuSign Envelope ID: E23lA4AC-5C75-4068-A87D-BI3UytC3t3Lt35i 060920 -NAF C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies). F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell's approval. 21. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs Rev. 2/2020 13 Page 213 of 849 ---..�....�y.. .-........ �.v .v. wr.v .. .�..v vv. V�VVV-/'�V1 ✓-U✓VJL VJULUJI 060920 -NAF operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Rev. 2/2020 14 Page 214 of 849 11:::inanced in We or in Part by Uoans or Grants from t1he United States"). The Act provides ffiat each contractor'- or sii.ibrecipleint rnust The prohibited from Iiii-iducing, by any vroeans, any jp..ersonI ernjppoyed in -the construction, coryippetion, or repair of pubfic work, -to give up any part of tune compensation to which he or she is otherwise entifled. TIVie non federal entity must report a1H suspected or ireported violations to the federall awarding agency. Vendor must be in cornpHa vice with alI appIficable Davis -.Bacon Act provisiovis. C. CONTRACT WORK IOURS AND SAFE l"Y STA 14 1'. )ARDS ACT (40 U.S.C. § 3-701 3708). Where applicabIle, all contracts awarded by the non federal entity in excess of $1.00,000 that involve the employment of rnedhanics or laborers rniust indlude a p:)rovisiovi for compliance with 40 US.C. §§ 3702 and 3704, as supplemented by Department of Labor ii--egupatioins (29 C.F.A.. § 5). Under 4.0 U.S.C. § 3702 of -the Act, each contractor must The irequuiired to covinpUte'tVie wages of every mechanic and llaborer ori the basis of a standard work week of 40 hours. Work in excess of -the standard workweek, ps per rnissibIle provWed that the worker is compensated at a rate of not pess -than one and a half -times -the basic rate of pay for app hours worked in excess of 40 hours in -the work week. fl -w requirements of 40 U.S.C. § 3704. are apphcaWe to construction work and provide that no laborer or vnechanic rnust be required to work in surrouindlings or under working covidlitions which are unsanitary, hazaii dous or dangeroius."These requilrements do not apply to the pw clViases, of SUPPIlies or it or articles ordinarflly availlalble on the open market, or cointrac,ts,foir,tir,avisporta,tiowi or transmission of intefligence. This provision is hereby incorporated by reference into -this Contract. Vendor certlifiesthat during -the term of an award for elle contracts by Sourcewefl resulting from this procurevnent process, Vendor miust comply with appIlicalbIle reciiiAreimevits as referenced above. D� RIGI-I p"S T IINVENI"11ONS MA[ YE UNDER A CONTRACT 0111 AGREEMII::::INT- Ilf the fedeirall award rneets fl -ie definitioii--i of "-funding agreernevit" under 37 C.F..R� § 401.2(a) avid the recipient or subrecipient wishesto evitc..,r into a contract wfth a small business firm or nonprofit organization regardivig -the substitution of parties, assignment or perfori-navice of expeidirnental, devellopirrientall, or resear(.-,,h work under that "funding agreeirnerit," the recipient or subrecip.ient rnUS't comply with ffie requirernerits of 37 0'.R. § 401, "Rights to Inventions Made by Nonpro-fit Organizations and Small Business Firivris Under Government Grants, Contracts and Cooperative Agree rn e ints," and any irnppevnenth,ig regullations issued by the awardfing agency. Vendor certffies that durling the terinn of an award for all contracts by Sourcewelli iresu.uptiirng from thils procurement process, Vendor rnust compIly with appIlicall,.fle requlirernents as referenced above. E. CLII:.iAN AIR ACT (42 USoC� § 7401 76'71Q.) AIND Tl UE If EDEIIIAL WATER POLLU HON CON"mai AC1 (33 U.S.C. § 1.251 1387). Contracts arid snub graruts of arriourits in excess of $1,50,000 require the non federall award to agireeto comply with All appIlicable standaiiAs, orders or ireguiations issued pursuant to the Clean Alir Act (42 U.S.C. §7401 7673.q) and -the Fedeirall Water PoHution Controp Act as arvier-Wed (33 U.S.C. § 1.251-:1387). Viopations must be reported to the Federal awardiii-)g agency and the RegionA Office of the l::::nvironnnentM Protection Agency (EPA), Vendoir certifies that diw­i1ing the term of this Contract will cornIpIly with applicaWe requilrerneirds as referenced above. Rev. 2/2020 15 Page 215 of 849 ..... ®.. m..'. ®........ p.m .... .—.�.. ........ m... m .mmm ..m. .m .avvmemvm...—..... 060920 -NAF F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. 1. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right Rev. 2/2020 16 Page 216 of 849 DocuSign Envelope ID: E23lA4AC-5C75-4068-A87D-BB09EC3BE651 060920 -NAF also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 24. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Docu3igned by: By. COFD2A�39DO6489... Jeremy Schwartz Title: Director of Operations & Procurement/CPO Date: 8/3/2020 1 5:08 PM CDT .......................... Approved: Doeusigned by: By:(bL F817A64CC... Chad Coauette Title: Executive Director/CEO Date: 8/3/2020 1 5:13 PM CDT Rev. 2/2020 72 Hour LLC dba: National Auto Fleet Group Doau3igned by: ,�t.SSt, CDbPt,V By. - FAC885730ClE467.., Jesse Cooper Title: Fleet Manager Date: 8/3/2020 1 2:06 PM CDT 17 Page 217 of 849 --W' —11-1lc — —IP1YMl,-JV I J-YVUD-MOI 6J-DDVJCIsJDCDDI RFP 060920 - Class 4-8 Chassis with Related Equipment, Accessories, and Services Vendor Details Company Name: 72 HOUR LLC Does your company conduct business under any other name? If National Auto Fleet Group yes, please state: 490 Auto Center Drive Address: Watsonville, CA 95076 Contact: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Phone: 951-440-0585 Fax: 831-840-8497 HSTM 263297677 Submission Details Created On: Friday April 17, 2020 10:02:43 Submitted On: Tuesday June 09, 2020 00:25:02 Submitted By: Jesse Cooper Email: Jcooper@nationalautofleetgroup.com Transaction M 42f514a4-eaaa-46d 1-a264-1 de559e88b95 Submitter's IP Address: 76.81.241.2 Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 218 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). „ y n i i / / ii , / / fay//i'g'/,"/`1/`1//,i �, i_ �i./� ,, „, i r i, / i /,, i/ , %, ,i, /< i // / , i iii � / /� i, ,���ii i,. / /i „:., l�� ��/ ;� �� <„c%, i /%iii �� , i,� i�, 1 Proposer Legal Name (and 72 Hour LLC, DBA: National Auto Fleet Group ,applicable d/b/a, if any): - m. �_................. ._ 2 Proposer Address. t 9rDrive 490Av uCenter Watsole , 95076 3 Proposer website address: www.NationalAutoFleetGroup.com 4 �. _. oser's Authorized Pro p Jesse Cooper. Representative (name, tifle, 1-855-289-6572 address, email address & phone) i Fleet Manager (The representative must have X490 Auto Center Drive authority to sign the "Proposers Watsonville, CA 95076 Assurance of Compliance” on Jcooper@nationalautofleetgroup.com behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract) ��._...�.. ...�_.w._d_�� ww�.w...._. �........ ..._.. �..� 5.m..._. Proposer's primary contact for this"..____.__.._.�... Jesse Cooper proposal (name, title, address, 1-855-289-6572 email address & phone): Fleet Manager 490 Auto Center Drive Watsonville, CA 95076 � Jcooper@nationalautofleetgroup.com '6 �Proposer's other contacts for this Clarke Cooper proposal, if any (name, title, 1-855-289-6572 address, email address & phone): Fleet Manager 490 Auto Center Drive Watsonville, CA 95076 Clarkecooper@wonddes.com Table 2: Company Information and Financial Strength Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. Bid Number: RFP 060920 NAFG, was originally established in 1987 when we went by Wondries Fleet Group located in Southern California. Starting with a single automobile dealership, my father Clarke Cooper has grown our network to over 35 dealerships both in and outside of California. We have always hired and promoted from within our organization to help promote our culture. Most of our Fleet Division Managers who started with us back in 1987 are still with us today. We have evolved over the decades to adapt to the improving industry technology to the advancement of once gas -powered vehicles to now fuel cell powered. Even in today's fast changing marketplace, our core values have never changed. Our core values are: Always do whats right for the customer, you take care of them and they will take care of you. Our Business philosophy has always been the 4 RIGHT'S to every client: Deliver the RIGHT vehicle, at the RIGHT time, to the RIGHT place and the RIGHT price. Our longevity can best be displayed with a few statements. We are and have always been family owned and operated. We have deep family roots in the automobile business with future generations in the infant stages today. We plan on leading our industry for decades to come. Vendor Name: 72 HOUR LLC Page 219 of 849 Uuuualyll CIIvulupe IU: CLJ IH4Hli-Jl�f D-4UD6-Hii/U-D6V`JCLJCStCD/ 8.__.... Ycompany'sp expectations in int anoth a our 4th and like our prior 3 of an award contracts we will grow yet again y�compo�unding our knowledge edge and customer service experience we have gained from serving members from across our great nation yet again to new heights. We want to grow our divisions with more staff and particularly grow our Partner Program which is detailed in the Zip file in the additional Documents upload. Our Partner program allows members to suggest and 'even recommend there local upfitters to NAFG to partner on any turn key quote. We see a tremendous value in giving the ability to the member to supply the upfitter of there choice to NAFG in order to provide a 100% tum key solution. 9 Demonstrate your financial strength and We have uploaded the following under the section: Financial Strength: Bank stability with meaningful data. This could commitment letters that we have been utilizing with our current Sourcewell Contracts include such items as financial statements, which extend a direct line of credit up to $ 43,000,000 and more if needed to serve SEC filings, credit and bond ratings, letters member needs. of credit, and detailed reference letters. Upload supporting documents (as applicable) Market Success with copies of recent current contracts of over $ 140,000,000 worth in the document upload section of your of products and goods from a direct result of our current Sourcewell Contracts which response. are: 1. City of San Diego, CA $ 72,000,000 contract under our Sourcewell Contract 120716 -NAF. 2. City of San Diego, CA $ 55,400,000 contract under our Sourcewell Contract 081716 -NAF. 3. Government Fleet Article Highlighting our transaction with the City of San Diego, CA procuring over 100 Police vehicles through NAFG Sourcewell Contract 120716 -NAF. 4. City of Los Angeles World Airports, CA Contract for $ 24,003,500 under Sourcewell Contract 120716 -NAF for the procurement of 400 vehicles. City of Los Angeles Harbor, CA Contract Extension to $ 4,500,000 contract under Sourcewell Contract 120716 -NAF. �5. 6. City of Los Angeles Harbor, CA Contract for $ 1,500,000 under our Sourcewell Contract 120716 -NAF. 7. City of Los Angeles Harbor, CA Renewal for another $ 1,500,000 under Sourcewell Contract Class 6, 7 and 8 Contract 081716 -NAF. 8. City of Costa Mesa, CA Contract for $ 1,023,220 under our Sourcewell Contract 120716 -NAF. 9. Blanket Contract with the State of Maryland, MD off our current Class 6, 7 and 8 Chassis Contract 081716 -NAF. 10. Blanket Contract with the State of Maryland, MD off our Current Sourcewell Contract 120716 -NAF. Commitment Letter's for 5 years' worth of continued unwarily support from large national upfit suppliers such as The Knapheide Manufacturing Company with it's distributor base nation wide down to regional support from Phenix Truck Body in Southern CA as an example. All of which currently help support our current members clients with current and past orders they have had with NAFG. We have Member Recommendations attached showing not only does NAFG practice with we preach, but Member's can stand behind NAFG as well. We have Upfitter Recommendations as well to show not only NAFG is a good partner for members but also a good partner to partner with. Not only does taking care of the member just involve the dealer, it also must and will always include the upfitter along with the entire supply chain. All of which goes towards serving the members. We have provided documentation of the State of Maryland adopting our current Class 6, 7 and 8 contract demonstrating our ability to go after and show States there's a better way of doing business. Lastly, we have shown our Growth we have had with Sourcewell from 2012 when we were first awarded. We hope this only shows the trajectory of where we are .,...�.. expecting to take our future expectations. 10 is your for the US arkero Our MarketSharet r the products and Modei's we are offering is roughly 70- odel's,....,.,� ing is r ug sWhat olutions that osin y p p g. as ctr manufacturers represent. NAFG market share is roughly estimated 2% of Government Fleet Sales. 11 What is he y our Canadian market share for t ._.� ......... radian market share Is zero, however NAFG current Ca plans are in place to solutions that you are proposing? aggressively go after the Canadian market. 12 Has your business ever petitioned for No -__ ------ �....._.�.............. �........ ... ._....... ________ __ ..., ,,....,,,, ... ........ bankruptcy protection? If so, explain in detail. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 220 of 849 uocuSign tnveiope iu: t�s�H4Hu-aero 4ubu-Hsru-rsauat�antaar 13 How is your ization best described: NAFG is st described rtner for 11 a manufacturer,gandist butor/dealerr/re el er,i or Ma Chevrolet, Manufacture st contained nsour"respolnse:uFord Motor Company, a service provider? Answer whichever Hino, Isuzu, International, Volvo, Freightliner, Western Star, Mack, Kenworth and question (either a) or b) just below) best Peterbilt. All orders are placed with franchised dealerships and ultimately titled to the applies to your organization. member. All our appropriate certificates can be viewed in the "Related Certification" a) If your company is best described as a section for either our dealerships direct or our partner dealers you will find all distributorldealedreseller (or similar entity), appropriate certificates. We do not sell used equipment to the members. As well provide your written authorization to act as a you will find NAFG has named our dealer partners as additional insured under our distributoddealedreseller for the manufacturer policy. of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? .- 14 If applicable, issued b the Manufacture, Department outt ng he licenses es and certifications that of Motor Vehicles License along with a Rseller's permit are the most pertinentmm. are both required to be held, and actually licenses to hold. In the attachment in section "Related Certification" you will find the held, by your organization (including third following either as a solely owned entity or by our, partner dealer we jointly hold: parties and subcontractors that you use) in IRS Approved FET Number _ pursuit of the business contemplated by this CA State Seller's Permit 101-135239 RFP, CA State Seller's Permit 245364864-00001 Department of Motor Vehicle, Vehicle Dealer/ License Number 97772 Department of Motor Vehicle, Vehicle Dealer License Number 97771 Department of Motor Vehicle, Vehicle Dealer License Number 43609 Bureau of Automotive repair Registration # ARD00296319 123120 ' SCA State Seller's Permit 232781952-00001 (City of Watsonville Business License Number 1792 City of Watsonville Business License Number 4358 Fictitious Business Names from Santa Cruz County for National Auto Fleet Group FBN: 2017-0000138 California General .Resale Certificate Dun & Bradstreet Number.' 023680653 Government of The District of Columbia Certificate of the District of Columbia Tax Registration # 7815888160711 ,Government of Los Angeles Tax Registration (City Government of The District of Columbia CLEAN HANDS CERTIFICATION San Diego Freightliner Seller's Permit Commonwealth of Virginia State Corporation Commission Certificate State of Maryland Good Standing Certificate Kansas Department of Revenue for Kansas City Peterbilt New Jersey Department of Treasury Registration Certificate New Jersey Business Registration Notice of Compliance of the Canton City Codified Ordinance Employee Information Report for the State of New Jersey State of Maryland New Sales and Use tax License ' CA State Seller's Permit 98-037902 00006 South Carolina Department of Motor Vehicles License Number 36133 State of South Carolina Retail License Commonwealth of Kentucky Vehicle Dealer License 1583 20 100 State of West Virginia Dealer License Commonwealth of Kentucky Vehicle Dealer License 1581 20 036 License State of Tennessee Vehicle Dealer L��_. .. 15 Provide all "Suspension or Debarment" Does not apply. information that has applied to your — organization during the past ten years. _. _ ....... ...... ..._...... - — J Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 221 of 849 Table 3: Industry Recognition & Marketplace Success Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. 110',li �y�/1�/� �//./r1,�/� , /�fr ! Ilai %///,���.,, ✓aii/��„,,, /, �itl��,�,, / //,�,;. , „ //,i ///�/ e/,//�/i//// / >%r „///, ,J, �/,/o. /i//� 1,/�i//1 r , ; / /!/ ,/// /i/, ///,, �/,/,,,. !,�, - r i�,/�'� ,, ���,” ,/i�/l� l/,/,l! City of Austin iii/ iMMMU,;;//i / /i77757lf, 77,, Purchaser 10-15 Vehicles at a time Over 1M /�^..,�...::�r�l° " w�.,.wr ,,:�."� /",;;, n., . I✓/�i,:�„a����,�, a;� ,�,1. ,,.:�.. ,,, ,o„ =a,,.,y,,riw ur,�:.rl/r,�iGirr..�.��a� .,.,..,.,..,.,a,,,,ate amu, - c��,r� r, iuiu,,/.a.....�.�r//u,.. „!', ,,, ,,,, ,,,'; .�.._m��....._...... Over 3M 16 Describe any relevant industry awards or The most prodigious award NAFG has received in the past 5 years would be: Top recognition that your company has received Placement in Ford Motor Company as a leading dealership in Government Sales in the past five years followed by our high ranking recognition from General Motors for our Chevrolet Power brand. Both NAFG has received 4 of the past 5 years. -our 17 What percentage of your sales are to the As an organization most of sales are focused on retail, however in our division Government _ governmental sector in the past three years in Fleet, we have sold to about 90% Government accounts. Over 2M * 18 What of s percentage our ales are to the p g y As percentage ..._ �p g of our e o sales in the Government, about 20% would be considered _ education sector in the past three years to Universities and Unified School Districts. Government 19 List any oouho What a year hpastt three Over 10M Diego purchasing d. is P 9 Y during theears Second, our Sourcewell Contracts 091219, 081716 and 9 P Y * ,the annual sales volume for each of these 120716 which over the past three years has sold a volume of $ 390,030,176.99 of Government Maryland Ma land - MD contracts over the past three years? Combined Quarterly Sales. -we Over 1M 20 List any GSA contracts or Standing Offers NAFG focusison our Sourcewell Contracts do not hold an . other her besides the and Supply Arrangements (SOSA) that you State of California. hold. What is the annual sales volume for each of these contracts over the past three years? Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. 110',li �y�/1�/� �//./r1,�/� , /�fr ! Ilai %///,���.,, ✓aii/��„,,, /, �itl��,�,, / //,�,;. , „ //,i ///�/ e/,//�/i//// / >%r „///, ,J, �/,/o. /i//� 1,/�i//1 r , ; / /!/ ,/// /i/, ///,, �/,/,,,. !,�, - r i�,/�'� ,, ���,” ,/i�/l� l/,/,l! City of Austin Government .� Texas -TX Purchaser 10-15 Vehicles at a time Over 1M Los Angeles Gove._ mment California - CA ..m.....�._..��__ ,_�..�IT. Purchaser �.�..._.._-____._ _._-. Over 100 Trucks .�.._m��....._...... Over 3M Department of Water and Power Port of Los Government California - CA Purchaser Over 75 Trucks cks Over 2M * Angeles _ City of San Government California - CA Purchaser _ Over 400 Trucks Over 10M Diego Ann Arundel Government Maryland Ma land - MD ...._ Purchaser Over 20 Trucks Over 1M County 111_.......�_....�.�j�.�.�.�.�____ __-__...._...............................�.�.���..�..... Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line mm Question fRes onse' .. Item Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 222 of 849 DocuSign Envelope ID: E231A4AC-5075-4068-A87D-BB09EC3BEB57 25 force. Dealer network or other distribution methods. Service force. We have a Direct anIndirect sales force. Our direct sales force are our employees and partner dealers.C d Combined our estimated employee count exceeds 100 personals dedicated to supporting our dealerships and NAFG Fleet Division. Our indirect sales force which would be our partner suppliers and upfitters would be well above 100. With both direct and indirect sales force staff NAFG has been proven to maintain and service the current demand of the members. As the number of members grow that we can help, the more staff we would eagerly employee to help meet demand. Our franchise network which covers�our proposed 1 manufacturers are seke The cond to none. With industry forefront of the n Ford Motor Company, General Motors, Freightliner, MACK, Peterbilt and Kenworth to name a few have established a national presence were all members can receive service and warranty repairs on there respective products. The distribution of an Automobile or Cab Chassis has always been an ongoing challenge for all manufactures new and old. However we in America have the best Automobile Supply Chain Network in the world and as a franchised dealer of brands, we too get take full advanWith otvee thousands f service o ship and supply our member cl.• earb .W ._....� of the lents nationwide. locations representing our 11 manufacturers a member client can find with ease a service station or warranty repair facility n y Of course Alaska and Hawaii do have a larger distance between franchises a member would utilize for warranty repair or service. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 223 of 849 —whin a lvclvNc w. cca Ipvv-%L -uv, f 0-4Voo-HoI U-DDUtRLL jMLb0I 26 Describe in detail the process and To best illustrate our Customer Service programs, I ask that you use as a reference procedure of your customer service our ZIP file under Additional Documents and within in a ZIP file named "Member Walk program, if applicable. Include your Through". Start with and view in order which I will explain in order here: response4ime capabilities and Sourcewell participating entities in Canada. commitments, as well as any incentives that How A Member Can Get Quotes Online Demo: A member can obtain most quotes by help your providers meet your stated visiting our website www.NationalAutoFleetGroup.com where a simple one step form is service goals or promises. needed for registration. This is to protect the price information from nonmembers. �..Wwn. i d Sta. NAFG will service 100 /o of the United States of America and attem t to build the attempt Once a member registers they will receive an automated welcome email with a demo orCanadathat y Statesyou will NOT be full video on how to use our site. Members will gain access to there very own dashboard which will house all there quotes in one safe secure login. Member's can select which encounter difficulty and how long the solution will take, but we will strive to service all brand they are looking for and model year. Our site shows all the categories the ,brand offers such as: Cars, Vans, SUV's Trucks and Chassis Cabs. Members will (then be able to drill down for the right selection by picking from the filter menu of what cab there looking for (Regular, Extended or Crew) to 2 wheel or 4 wheel drive down to the bed length there looking for. All factory options are then presented for the member to select from, this will show all current factory order -able options, taking the guess work out for the member. Once a member selects a desired build, they will see there Sourcewell Price report showing the MSRP, there contract price, the saving in real dollars and as a percentage. In the PDF example you can see a saving of $ 9,175.96 of 22.345% to the member showing a significant savings. Members then can chose to add extra's to there order like extra keys' service manuals, sales tax and even request an upfit to be added to there quote. Lastly they will be given a complete tum key quote package to print which will include there customized Quote ID, Description and Specifications of what they built. How Members and Upfitters can Partner with NAFG: Our dedicated website www.NAFGPartner.com was built to accommodate the member who would like a certain upfitter to upfit there vehicles. it was also built for upfitters to have a place to go where they can find information on how to partner with NAFG to better serve there local members. Example of A Member with Upfit Quote: This is an example of how we use our Cab Chassis and combine them with an upfit to provide a turnkey solution for the member in a simple to follow format. ETA System for Members Walk Through: This is where members can easily come to our website, the same website they built there chassis on and track there order like they would a UPS package. We have a very simple display on our homepage "Track your order" where members can enter one of the following: Purchase Order Number, Quote ID, Upfit Quote ID or vin to easily see there in the process there particular border is in. Courtesy Confirmation Explained: After NAFG receives an order from a Member, we always like to send the member a Courtesy Confirmation. This is were the member will double check some particulars on there order like, Color, Quantity, Upfit and to ensure all Specification's are all correct before order placement. We also like to ask for title information at this point so we can help process the paperwork at delivery promptly. Factory Order Cut Off Notices: Here is were we like to highlight were members can access any upcoming factory order cut off dates. We walk the member through the process step by step to ensure the member knows the upcoming factory order cut off date, we even print this information (if known at the time) right on the cover page of there quotes. Validation Walk Through Example: To demonstrate a price validation, we show what a member would see when they build a truck on our site. At check out the member would see the Total Configured MSRP of $ 35,730.00, A Sourcewell ' Price of $ 27,331.68, Total Saving of $ 8,398.32 or 23.505% for a 2020 F-250 followed by the pricing page which shows the Minimum Discount of at least 18.50%. As you see we !provided an additional 5% discount on top of the 18.50% contract discount. This _ . would be the case in this example. 27 r willingness to and We a list of our member/clients demonstrating our ability to provide your products and services to d services ervicevallprovided members nationwide.op Located i ed m the Marketing Place ZIP file as "NAFG Place Sourcewell participating is p p g the Top 1,000 Member Clients" PDF. United States. 28 Identify your ability and willingness to Our ability and know how to carry our business model into Canada has never been provide your products and services to as strong as it is today, we believe a simple US Dollar to Canadian exchange rate Sourcewell participating entities in Canada. coupled with our pricing structure will allow NAFG to finally be in a position to serve .. members in Canada by partnering with Canadian based dealer groups. .e 29 Idengeographicareas of the United �..Wwn. i d Sta. NAFG will service 100 /o of the United States of America and attem t to build the attempt orCanadathat y Statesyou will NOT be full same model to service all of Canada. We do not know et what regions we will y serving through the proposed contract. encounter difficulty and how long the solution will take, but we will strive to service all of Canada. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 224 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC38EB57 Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 225 of 849 30 Identify any Sourcewell participating entity We will service all Sourcewell Members through our 24 hours a day 365 -year website sectors (i.e., government, education, not -for- except Non Profits. Non -Profits would be subject to a different pricing program and profit) that you will NOT be fully serving would need to be handled on a case by case basis. Non -Profits mostly do not qualify through the proposed contract. Explain in for the discount governments qualify for. detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements or The only requirement....... form llska, Hawaii and US Territories would be restrictions that would apply to our vide togistical shipping he region hod example, we currently pro participating entities in Hawaii and Alaska members in Alaska chassis cabs with upfits and the member allows us to add the and in US Territories.. extra shipping cost, port cost and driver cost to load and unload there vehicles from port to port. This would be required if needed to be added to any quote in these regions. Table 7: Marketing Plan Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 225 of 849 -u-IJII LII VVIVF/C 1✓. "LO 1/1 Mk -Uk. f V-}VVO-P%QI✓-DDU:7CVJDCDJI 32 Describe your marketing strategy for promoting this contract opportunity. Upload representative samples of your marketing materials (if applicable) in the document upload section of your response. In addition to the Sample Marketing Flyers and Marketing Department Charts uploaded in the link "Marketing Plan/Samples" National Auto Fleet Group facilities a variety of marketing strategies to promote our products and services to reach out to government entities. Our company encompasses mainly outbound marketing strategies to promote the Sourewell Government Vehicle Contract. Email Marketing: Part of our outbound strategy includes paid online marketing techniques such as the use of email campaign blasts. This process includes creation of multiple campaign flyers used to convey key messages to our targeted audience. Flyer messages consist of the types of vehicle contracts, brands sold, special discounts offered to first time buyers, holiday themed flyers, vehicles offered, new website features and many more. This method encourages potential customers to our website to explore our products and services. Campaigner email marketing service acts not only to send out emails but as a CRM database system to monitor, send and track effectiveness of emails. Our marketing team works continuously to gather emails from government entities though out the United States to compile a database of clientele. Event Marketing: This strategy has proven to be a successful avenue to generate leads and create lasting relationships. National Auto Fleet Group attends several trades shows per year to engage customers in person along with upsell opportunities. Meeting prospects face-to-face forms a lasting impression not available through other methods of selling. Trade shows attended include GFX, IAPPO, NIGP, ACT, CAPPO, CASBO throughout the United States. Relationship Marketing: This is utilized once a client is directed though our website though online methods. Once a potential client registers and becomes a member on our website, our sales team will personally reach out via phone or email to provide further assistance. The role of the sales team is to continue to support and empower clients and educate them on products and services offered. The team will go the extra mile for subscribers, prospects, and customers even after a sales transaction is completed. Our sales team has worked tirelessly to focus on providing outstanding customer support to create powerful rapport with our clients. By going above and beyond, we have enhanced existing relationships and executed customer loyalty with repeat businesses. They strive to deviate from the "Car Salesperson" mentality which is 100% sales driven to a more product and customer service approach by instilling a sense of confidence to our clients. Their constant goal is to regularly assist clients and address any needs during the entire sales process. Striving to focus on solution selling vs. product selling develops into a mutually beneficial agreement for customers and the business. ReferralNVord of mouth: This strategy ties into our outstanding relationship marketing to clients. The positive quality of service experienced by customers has led to an increased number of sales through referrals. Our goal is to provide exemplary customer service throughout entire selling process to encourage repeat business and referrals. Coming late summer of 2020, National Auto Fleet Group will be launching a NAFG Partner Website to increase the growth of our business. The website www.nafgpartner.com is expected to launch late summer/early fall of 2020. The site encourages body upfitting companies throughout the United States to partner up with us to become a preferred member. The benefits of becoming a preferred member is to have their business advertised on our site as well as referring any clients with upfitting needs to a local body company within their general vicinity. Our buyers from government agencies are encouraged to go on the site as well and look for local body upfitting companies they are interested in working with. To join our network, they are required to advertise NAFG and the Sourcewell contract on their business website and refer their clients to purchase their cab/chassis needs through NAFG. This creates a relationship that will generate increased sales from both the sides. We are still currently building the website and searching for body companies across the states that would be interested in partnering up with NAFG. Direct Marketing: Prior to the Covid-19 outbreak, our company was promoting direct marketing strategies by contacting local businesses and setting up in person meetings with our dedicated public relations representative. The role of our dedicated representative included in person meetings to discuss our products and services, present website features and to drop off sales contact information for further questions. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 226 of 849 DocuSign Envelope ID: E23lA4AC-5C75-4Ub8-Ata/u-bbUUtc:3t$tt$bf 33 Describe your use of technology and Social media is a critical part in the way people communicate and connect with each digital data (e.g., social media, other. Linkedin offers a variety of ways to expand our network by finding and connecting metadata usage) to enhance with relevant professionals in the industry. National Auto Fleet Group has utilized Linkedln to marketing effectiveness. reach out to current and potential members though personalized messages. Personalized messages include thanking them for registering on site as well as directing them to on our link to the website, Linkedln, and Facebook company pages. The goal is to find and connect with people already on our database as well as people that would benefit from our products and services. Current flyers or messages about our company are also posted on the Linkedln site to generate more business. Time is also spent on reading posts from connections to observe any needs that National Auto Fleet Group may assist with. The marketing team also spends time researching government 'entities and prospects through their websites. In addition to looking for new clients, the marketing team will take 34 �y view,w s role time to sign up for e -newsletters from cities, counties, school districts and colleges. This in promoting ontra tsSourcn olU..:._.._..., p g g t of will ensure that NAFG will understand needs of government entities and will utilize this this RFP? How will you integrate a information for future campaigns. Sourcewell-awarded contract into your Example: , City of New York posted that they plan to replace current fleet with an all -electric sales process? fleet within the next 20 years. Email campaigns focusing on types of electrical vehicles provided ,by National Auto Fleet Group was sent. NAFG has recently introduced newly built live chat feature on our website. Visitors are prompt to chat with a live sales representative 24 hours a day, 7 days a week. This will ensure that clients that are interested have another avenue of reaching out in addition to emailina or telephone. Benefits of Live chat option include quicker response time to assist Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 227 of 849 of the sale as well. Live chat benefits from understanding` the in mikate needs of the buyer and buyers can receive an immediate response not only from questions but recommendations for thein needs. The use of marketing campaigns plays a major role in enhancing the growth of our client database. Email is a big part of our lives and every government agency employee has an email address. Campaigner.com is the platform used for our email marketing. The goal of email marketing is to reach our target audience and personalizing email flyers with a Iresponsive design. Videos and images are used and can be viewed from on a computer: or mobile device. Messages are short and to the point with links leading to the Sourcewell and NAFG homepage, The Campaigner email system allows us to track email activity based on open rate, unsubscribes and link clicks which is beneficial to understanding email effectiveness.` ...... ._...... ..._on 34 �y view,w s role ti to Sourcewell is a trusted brand that government entities can rely on to provide a wide variety in promoting ontra tsSourcn olU..:._.._..., p g g t of of products and services. They aim to simplify the purchasing and procurement process this RFP? How will you integrate a of government entities. The Sourcewell brand integrates a thorough documentation review Sourcewell-awarded contract into your of all vendors prior to awarding their cooperative contracts. Products and services are sales process? from reputable vendors. The brand provides a sense of showing legitimacy and verification of our company name and members understand that products and services provided are from reputable vendors. Clients recognize the Soucewell brand and their vendors as a trusted source that will meet their needs. The main selling point of the brand is the elimination of the need to bid. Soucewell has done for bidding for the government entities which simples the purchasing process. This process not only saves money but valuable time as well. Once a client receives a vehicle quote from our sales department, the role of the client is to submit a purchase order when ready. Sourcewell has provided NAFG overwhelming opportunities to work with government agencies across the United States. The Sourcewell well name represents a high standard of integrity and ethics and we are proud to be part of this dynamic. Sourcewell members have access to a contract that is more flexible than the standard bidding process. Sourcewell is an organization that aids government entities to stay competitive without the frustrations and issues involved with the traditional bidding process. The Sourcewell contract can be also be customized to meet the needs of the client. The sales team has incorporated not only this standard of integrity in their sales practice by ensuring clients we will always assist them with all their vehicle purchasing needs. The cost savings and stress - free nature of the cooperative contracts favors that of the traditional bidding process. It enables vendors to work with qualifying government entities in a more efficient manner. We vow to maintain these levels of standards across the board throughout all departments throughout the company. _ 35 Are your products r website empoweringrovides a hands-on approach Clientsles online. available rrough ane -p ocurement customize a vehicle and modelswith the ability to customize cansearchch through many vehicles makes ordering process? If so, describe your tailored to their specific needs of their agency. A personalize quote with pricing can be -procurement system and how available in as little as 5 minutes depending on the complexity of the vehicle. If upfitting governmental and educational ,e is needed, a sales representative can be reached though phone, email or on the new live customers have used it. chat feature on the website. Once a customized quote is built, clients have the option to finalize the sales transaction by submitting a purchase order to our sales team via email. This gives complete autonomy to the client to purchase vehicles without the need to speak to a sales rep. If assistance is needed, they can contact sales through email, live chat, or phone. If support is required to build a quote, our sales rep is also available to walk a client through the e -procurement process step by step. This ensures having an available representative to answer any questions if needed and to empower the client to make any future purchases on their own. Clients may also call or email the needs of the company and receive a customized vehicle quote. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 227 of 849 .+vVV V,uJ„ �n.V,VrV ,✓. ✓cV ,r��r,v-VVI V�VVV-I'lV, ✓-U✓VJ1-VJUt-UJI Table 8: Value Added Attributes , 3u'!,,//,,;.4/�✓,4 r /%////ri�///�J/. Viti/(�/r.i�%i/ //r. IE(u� 77” y �01/ ,��i!/,I// %/ �.„. /%'7/ rr ✓%,%.,./!7l1%./rr.i„/�. , '%�vwi'; Ii'4//4%/��r,//i///�/l�/i//rc//�//�rwi///�//%r/r /./✓/!/ 9" ///.�.�,..r r ..c..:7 36 ii,�/�,�,,,,„„,, ,,,�,,..... �rF,Ft.„ Describe any product, equipment, �.,/�/1% r„ /a.,;�w✓'. NAFG extends any and all Service Training Programs provided by the Manufacturer. Many of maintenance, or operator training the programs offered are quoted individually by the manufacture based on class size and programs that you offer to region of the country. NAFG will pass these quotes onto the member at dealer cost. Sourcewell participating entities. Include details, such as whether training is standard or optional, who provides training, and any ..- costs that apply. 37 Describe any technological ... - Accomplishments by the Manufactu�re...r.s.....like FoFord._. Motor Company, General Motor's and�~� advances that your proposed MACK Truck serve the member automatically by having these models available through our products or services offer. proposal. As well as our inclusion of Motive Power Systems in our proposal. Motive Power Systems provides the member the ability to electrify their vehicle. We attached product inonnation and pricing in the "Upfits Available" ZIP file in them "All 11 Manufacturer" ZIP file �- under additional documents. 38 a any "green" initiatives _ _ NAFG hor EV Drive mate Partnered with 400 Mayors Nationwide to create a US Ma y Climate that relate to your company or to Initiative called the Climate Mayor Purchasing Colla Collaborative www.Dnveevfieet.or to help g your products or services, and spread the benefit of members going 100% green. We have 100% Pure Electric vehicles to include a list of the certifying offer such as the Chevrolet Bolt and Ford Fusion, which are all technology predecessors to agency for each. the All New Ford Electric F-150. We are certain over the next few years, Ford and many other manufacturers will be making available 100% pure electric cab chassis for members to select from. 39 Identify third -party issued the samel " find 1Boled Zip labels ratings certifications theat Certification's (Cali (California Air Resource source two engi es Board) g' your company has received or the offering along with there Fond Qualified Vehicle Modifier Certificate. All which help energy equipment or products included in conversation and efficiencies. your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other . wm.w . green/sustainability factors, 40 escribe any Women or Minority Bus NAFG has"Upfits 'that our th Dsince ified vided as an is Business Entity (WMBE), SmallLeasing. Leasing a DVBE SBE Companychment has been btter usiness Business Entity (SBE), or veteran 2014. As a Disabled Veteran Business Enterprise Licensed in the Stat of California owned business certifications that (#1792183) Diversified has offered there certification to be placed on any NAFG quote for a your company or hub partners small admin fee which is fully displayed on there partnership letter attached. have obtained. Upload documentation of certification (as applicable) in the document upload section of your response. 41 What unique attributes does your ,Dedication, Hard Work not to be confused with efforts but with results. NAFG has built its company, your products, or your division solely for the, purpose of serving the members experience from our 24-hour member services offer to Sourcewell website or website improvements and capabilities to thinking outside the box to help a participating entities? What makes member find a solution. your proposed solutions unique in your industry as it applies to Sourcewell participating entities? Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 228 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 Table 9: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. 42 Do your warranties cover all products, parts, and We have attached all Warranty information provided by all 11 manufacturers product to call in and ask about your specific region and how it's covered. labor? offered in our proposal as an added attachment. 43 Do your warranties impose usage restrictions or ;,Each manufacturer have there own usage restrictions that a member should What are your payment terms (e.g., net 10, net 30)? other limitations that adversely affect coverage? be aware of. Such as improper use of a chassis may not allow it to be 46 Will you cover warranty service for items made by All warranties are passed on to the original equipment manufacturer. covered under warranty. For example, a F-250 being used for a police rated or are these warranties issues typically passed on pursuit vehicle would void certain warranties. We encourage for each member to the original equipment manufacturer? to contact us for there particular warranty coverage. –4 Do your warranties cover the expense of Itechnicians' Yes, in some cases of a breakdown, manufacturers would tow a member travel time and mileage to perform vehicle to there nearest warranty repair facility. 45 J"r --there any' —geographic -regions of the United Each manufacture is different, and we encourage prior to purchasing a States (and Canada, N applicable) for which you product to call in and ask about your specific region and how it's covered. cannot provide a certified technician to perform / ' pairs? airs? How will Sourcewell partictipating entities in these regions be provided service for What are your payment terms (e.g., net 10, net 30)? warranty repair? 46 Will you cover warranty service for items made by All warranties are passed on to the original equipment manufacturer. other manufacturers that are part of your proposal, or are these warranties issues typically passed on those options that schools and governmental entities may to the original equipment manufacturer? 47 What are your proposed exchange and return We offer no exchange, return programs or policies. Once an order has programs and policies? passed a certain point with the factory and NAFG can not cancel the order �after trying to cancel with the manufacturer, then the order is non -cancellable. 48 Describe any service contract options for the items We offer any and all manufacturer service contracts to all members. There included in your proposal. are several parameters which a customized service contract can be created. NAFG is structured in a manner where it can monitor most NAFG will treat each of these as an added factory option and follow the same discount schedule in the price file. Table 10: Payment Terms and Financing Options 1"k M Ng r r,FEMININE I I / M Kill I il I / 101 / I , MEMO 7g/7 /m y1/7 �E m Sol / ME � 49 What are your payment terms (e.g., net 10, net 30)? Payment terms are Net 20, with a 10 -day grace period. 50 Do you provide leasing or financing options, especially NAFG has partnered with National Cooperative Leasing to offer those options that schools and governmental entities may Sourcewell Contract Lease Terms to all NAFG Quotes for all need to use in order to make certain acquisitions? Sourcewell Members. We have attached a PDF called "NCL Sample Lease" in the Zip File Called "member Walk Through" 51 Briefly describe your proposed order process. Include NAFG is structured in a manner where it can monitor most enough detail to support your ability to report quarterly transactions preformed through our Sourcewell Contracts. NAFG has sales to Sourcewell as described in the Contract template. made the tracking of all orders a reasonably organized method to For example, indicate whether your dealer network is allow fast accurate quarterly reporting. included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. 52 I .. . .... . ..... Do you accept the P -card procurement and payment Yes, up to $ 2,500 per vehicle, any amount higher than $ 2,500 P If so, is there any additional cost to Sourcewell would carry a P -card/ Credit Card transaction fee which will be participating entities for using this process? passed onto theme Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 229 of 849 w..uv,y„ "n vcwNc w. "c. I I U-DDVZ;CI 0DC0O/ Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Lime s..„ i ,� �f stlan Response % 0 fterri" 53 Describe your pricing model (e.g., line -item discounts or NAFG is offering Line Item Discounts Off MSRP for 11 product -category discounts). Provide detailed pricing data manufacturers detailed in the Price File, NAFG is offering all Upfits (including standard or list pricing and the Sourcewell to be added to any and all chassis cabs and trucks, details are on discounted price) on all of the items that you want the Price Summary Page in the price file. Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. 54 Quantify the ricin disco NAFG Manufacturer is as � �,.�.��... p gp count represented by thPpricg follows: proposal in this response. For example, if the ricin m 2.75% to 18.86% n Ford MotorCompany from your response represents a percentage discount from MSRP RAM FCA Company from 6.18% to 13.95% or list, state the percentage or percentage range. Chevrolet from 5.73% to 21.39% HINO from 14.36% to 19.24% ISUZU from 9.98% to 15.57% International from 2.01% to 39.33% Volvo from 23.79% to 24.19% Freightliner/ Western Star from 34,17% to 42.90% MACK from 16.97% to 31.95% Kenworth from 28.11 to 39.31% Peterbilt from 21.09% to 42.66%° Upfits can be °added at dealer invoice up to 10%°, detailed in the price file. 55 Describe any quantity or volume discounts or rebate We encourage any and all members to contact us if considering , programs that you offer. ordering 50 or more units for an additional discount quote. 56 Propose a method of facilitating "sourced" products or Open Market products or Sourced Goods will be treated as any upfit related services, which may be referred to as "open market" and may be quoted up to a 10% mark-up if applicable. items or "nonstandard options". For example, you may supply such items "at cost' or "at cost plus a percentage," or you may supply a_ quote for each such request. 57 Identifyan element P the cost of acquisition that is All considerations have been taken into account in the price file in NOT included in the ricin submitted with your response. its entirety. Price Summary Page and Price Tabs contain all costs This includes all additional charges associated with a associated with all quotes. If a member would like a quote for a purchase that are not directly identified as freight or particular situation and the item requires special training or shipping charges. For example, list costs for items like pre- installation, these charges would be added as part of the upfit and delivery inspection, installation, set up, mandatory training, or included in the members quote. initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight delivery, or shipping is an additional cost the All manufacturers charge a standardized "Facto Destination ryti�._.� Charge" Sourcewell participating entity,describe in detail the which is displayed on all window stickers and on all trucks on a complete freight, shipping, and delivery program. dealers lot. This is not the destination charge that maybe charged to ship a chassis to and from an installer, these additional subsequent movements are all added freight charges and will displayed on the members quote. 59 �._ .�._ 9 carry P g �.�-�....._. which carry Specifically describe freight, shipping, and deliveryterms or Freight to these regions car a specific er Alaska, programs available for Hawaii, Canada, or an added cost such as ferry, port and m the cost both to and from offshore delivery. mainland. These added costs will be disclosed and added to any quote for the member to review. 60 and/or delivery- methods or will -utilize the alread established AAFG,­ options offered in your proposal, utomobile Frachie Distribution Network to have members vehicles delivered promptly there destination. Table 12: Pricing Offered Line I Item !The Pricing Offered in this Proposal Is: Comments * .... CQmmenLs 61 c. better than the Proposer typicallyoffers to GPOs, cooperative procurement organizations, or state purchasing or offer aun, ydePart departments. theorganization what we offer Sourcewell in volume _............ pricing and offerings. Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 230 of 849 DocuSign Envelope ID: E231A4AC-5C75-4068-A87D-BB09EC3BEB57 Table 13: Audit and Administrative Fee Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below what Classes of equipment are offered in this proposal. �,...,/w'�r�/�„Jv/i a m �,>nw•.. ,,.m, / ,/ ////./ % /// .sl r17 ,2//�J�J�//�/ c .. ,. /r�f(f'iGa � rr�,al�r�(/l�.�».�.�w,,,l .�,,.,��;u;.�.,a .,,,,,,,,,�. 'a nr� �ir�r„�,��rM,�,�:.�w.(�' 62 Specifically describe any self -audit process or program that you We have created a member friendly easy to build online Class 8 chassis r: Yes plan to employ to verify compliance with your proposed Contract quoting system for members to use. Pricing is built directly with Sourcewell. This process includes ensuring that Sourcewell into the website and is loaded daily by the manufacture 57 participating entities obtain the proper pricing, that the Vendor MSRP information. Our system will provide an accurate quote 11 Manufacturers totaling above 1,284 all the Contract each at the quarter, and tell. reportsproper q 99.99% of the time. We have ream lined h w our admin No makesmodels -.. .._._ Vendor er administrative fe a to Sourcewell. ick 15-30 day tum around on fee is processed to allow a quick � - mm .__ chassis .Class 6 chassis W._. r^ Yes ., a g ,284 11 Manufacturers totaling above 1 quarterly reports.. .�....�� 63 Identify a proposed administrative fee that you will pay to -,,,.-—....o ��_ Our Admin Fee has been streamlined to allow for growth to 69_._._ Sourcewell for facilitating, managing, and promoting the Sourcewell occur with maintaining a high level of accuracy and reporting. trs totaling..abov 1 Manufacturers above 1,284 in the event that you are awarded a Contract. This fee is Our proposed admin fee would follow these guidelines: r No makes and models , __._ .... ,Contract typically calculated as a percentage of Vendor's sales under the F-450, F-550, F600 and like models = $ 400 flat .Class 4 .._...._.- .. .. _ ..... _. chassis Yes ... Contract or as a per-unit fee; it is not a line -item addition to the F-650 and above = $ 700 flat Member's cost of goods. (See the RFP and template Contract for Partner Deals (NAFG Partners with another dealer) = $ 150 ,additional details.) flat , All other models F-250 and below = $ 325 flat Table 14A: Depth and Breadth of Offered Equipment Products and Services Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below what Classes of equipment are offered in this proposal. �,...,/w'�r�/�„Jv/i . �, ..�, Jam. ,,, i/i� i .. ,�''/' ./..,./.., //, /% .. ,,,, , . .,,,.r /.%/.. �. m �,>nw•.. ,,.m, / ,/ ////./ % /// .sl ,,„p,'9, ,,,, i ✓ , "i-1,11, l I / / , NO "I / L. c .. ,. /r�f(f'iGa � rr�,al�r�(/l�.�».�.�w,,,l .�,,.,��;u;.�.,a .,,,,,,,,,�. 'a nr� �ir�r„�,��rM,�,�:.�w.(�' 66 Class 8 chassis r: Yes 11 Manufacturers totaling above 1,284 r No makes and models 57 _ ...—_-_..-.m ......_ ..� wa. ..'r Class 7 chassis - _.. 11 Manufacturers totaling above 1,284 No makesmodels -.. .._._ 68 6 � - mm .__ chassis .Class 6 chassis W._. r^ Yes ., a g ,284 11 Manufacturers totaling above 1 r No makes and models 69_._._ Class 5 .u.._.... �.......... m_ _� r Yes ., _ w� , ......... trs totaling..abov 1 Manufacturers above 1,284 r No makes and models , __._ .... �� .Class 4 .._...._.- .. .. _ ..... _. chassis Yes ... ctumode_..- n totaling above 1,284 r No makesn Is Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 231 of 849 -u UlI L,, vuluVO Iv. V-40 II V 4VVO-HO/U-DDVyCI,30CD0I Table 15: Industry Specific Questions /,IN/// 1, ,, / .. ,n.. u�G,r,�.,;�r �1�/rr�w- /1i /... i ���/-,,,, �/�%J�r���f�/�,��� i�ii2�%✓1�!.�/��%������G�ii//r//,/i..///ii�i''w",.0,��� '�%�i� i„M!r��(�'4iuerrr����/���/�/I�r�/i!�,, ,,; 71 If you are awarded a contract, provide a If awarded NAFG will keep track of the number of client quotes it processes which few examples of internal metrics that will will be done via our website and easy to oversee and base this data month after be tracked to measure whether you are month to see if our interest is growing at the expected rate we would expect. _ having success with the contract. 72 elation to alternative fuel souring in Our a tures � �s t � � a _test y p y offering ' � Our manufacturers products are always striving to bring to market the latest green including vehicles to accommodate the ever-increasing demand for echo friendly transportation. _ electric or others. 73 .�.._ Describe any manufacturing processes or Representing 11 manufacturers in response, � e we represent ._. _...... ' our response, we are positive we represent the materials utilized that contribute to chassis best of the best in chassis production and represent all strengths each manufacture strength, cab strength, overall durability, has to offer. driver safety that differentiate your offerings. 74 Describe any differentiating serviceabilityTelematics can be added to any quote for any n member since each manufacturer attributes (remote diagnostics, etc.) your offers some form of telematics, if not we can quote it as a separate upfit item. proposal offers. Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 75. NOTICE: To identify any exception, or to request any modification, to the Sourcewell template Contract terms, conditions, or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract section, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and will not automatically be included in the contract. Documents Ensure your submission document(s) conforms to the following: 1. Documents in PDF format are preferred. Documents in Word, Excel, or compatible formats may also be provided 2. Documents should NOT have a security password, as Sourcewell may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by Sourcewell. 3. Sourcewell may reject any response where any document(s) cannot be opened and viewed by Sourcewell. 4. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." • F,,bangial, S.trength_and .,Stabilit,,� - Market Place Success and Financial Stability.zip - Sunday June 07, 2020 21:38:16 • M.arketingt Plant$amgies - NAFG Marketing Plan.zip - Monday June 08, 2020 16:51:00 • y1l.MBE;MBE„/SBE or, RejaWed,.Qgrllfige, - Insurance and Related Certificates.zip - Monday June 08, 2020 13:38:53 • Warrant .,.,. Information - Warranty Info for 11 Manufacturers.zip - Sunday June 07, 2020 19:30:07 • Pricina - NAFG Price File for RFP 060920.zip - Monday June 08, 2020 16:09:06 • q ldi,lnlgna,l„Qggurnent -ALL 11 MANUFACTURERS MODEL'S AND MEMBER WALK THROUGH'S.zip -Monday June 08, 2020 16:12:26 Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 232 of 849 DocuSign Envelope ID: EL39A4A(;-SLib-4Ubts-Aulu-tst$Uytuststts5i Proposees Affidavit PROPOSER AFF.tDAVgT AND,,,ASSURANCE,.OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: htti2s://www.treasu[y.goy/ofacldownloads/sdnlist.pdf; b. Included on the government -wide exclusions lists in the United States System for Award Management found at: httl:Ls //www„,,sam., loy/l,ortall.; or c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 060920 Vendor Name: 72 HOUR LLC Page 233 of 849 vvVVvyLv ViV�lG Iv. LSV �7IlV-JVI J�IV VV-l1Vf V-✓✓VJL VJULUJf by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. 17, By .checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Jesse Cooper, Fleet Manager, 72 Hour LLC, DBA Naional Auto Fleet Group The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum _11 Class 4-8_Chassis RFP060920 Wed June 3 2020 07:52 AM Addendum_10_C lass_4-8_Chassis_RFP060920 Wed May 27 2020 03:40 PM Addendum_9_Class_4-8_Chassis_RFP060920 f Tue May 26 2020 02:51 PM Addendum_8_Class_4-8_Chassis_RFP060920 Thu May 212020 01:21 PM j Addendum _7_Class _4-8 Chassis_RFP060920 Mon May 18 2020 03:30 PM Addendum _6_Class _4-8 Chassis_RFP060920 Wed May 13 2020 04:40 PM Addendum_5_Class_4-8_Chassis_RFP060920 Tue May 12 202010:00 AM Addendum_4_Class_4-8_Chassis_RFP060920 Mon May 4 2020 01:24 PM Addendum_3 Class 4-8_Chassis_RFP060920 Wed April 29 2020 03:45 PM Addendum _2_Class_4-8_Chass is_RFP060920 Wed April 22 2020 01:14 PM Addendum 1 Class 4-8 Chassis RFP060920 Fri April 17 2020 12:32 PM Bid Number: RFP 060920 I have reviewed the below addendum and pages attachments (if applicable) r _ r — r r _ r - r 2 IV _ FF — RF — r rJ _ Vendor Name: 72 HOUR LLC Page 234 of 849 SOURCEWELL RFP # 060920 National Auto Fleet Group RFP # 060920 price's utilize a percentage off MSRP/List Pricing offered are MINIMUM DISCOUNTS ranging over 11 manufactures from 2% through 42.66% including all Factory MSRP will updated annually MSRP is controlled and updated by the manufacture from time to time, a percentage off MSRP is utilzed to show MINIM Each Manufacture Range is detailed in the tabs below, here is an overview Ford Motor Company from 2.75% to 18.86% RAM FCA Company from 6.18% to 13.95% Chevrolet from 5.73% to 21.39% HINO from 14.36% to 19.24% ISUZU from 9.98% to 15.57% International from 2.01% to 39.33% Volvo from 23.79% to 24.19% Freightliner/ Western Star from 34.17% to 42.90% MACK from 16.97% to 31.95% Kenworth from 28.11 to 39.31% Peterbilt from 21.09% to 42.66% All Models Offered can be upfitted by our Upfitter's or a Members Upfitter of choice Pricing Can be Obtained using two methods: 1. Online ordering process using www.NationalAutoFleetgroup.com Pricing varies from State to State, our online quoting tool is recommended for accuracy Our site will hold most pricing for current and future model years 2. Member's can call NAFG at 1-855-289-6572 Factory Options: All factory options can be added at the same discount rate Subsequently Optional Equipment: Additional Keys $ 300 each (2 come standard per vehicle) Service Manuals: $ 400 Each if desired Extended Warranty (Ford, Chevrolet and Ram Only) 5 year/60 Months, 100,000 Mile, $ 00.00 Deductible = $ 2,500 All other Warranty coverages will need to be quoted separately as an factory option Upfits and Accessories: All Upfitting can be added, see sperate tab "Upfits" Page 235 of 849 Destination Charge by the factory is merly to have the unit shipped the first time to the dealer it does not include subsequent shipping to or from an upfitter Alaska and Hawaii Special Shipping Cost will be passed on at cost Credit Card Payment: Accepted at a MAXIMUM per vehicle of $ 2,500 All Credit Card Payments over $ 2,500 are subject to additional fees which can be passed on Not Included in Pricing: Pretaining to Dealer Partners: Hino, Isuzu, International, Volvo, Frightliner, Western Star, Mack, Kenworth and Peterbilt Charges not included but can be at the local level for a dealer: Standard Store Charge/Pack No more than $ 2,000 Local's Wash, Prep and Detail No More than $ 600 If applicable Flooring Charges $15 / Day NewManufacturer/ Models: As Manufacturers and New Models become available, NAFG will work with Sourcewell to add them to our contract. Out of Stock Fee: Dealers may charge an Out of Stock Fee no more than $ 500 Page 236 of 849 10/21/21, 8:18 AM IN Sourcew�ell National Auto Fleet 060920 -NAF I Sourcewell Class 4-8 Chassis with Related Equipment #060920 -NAF Maturity Date: 08/01/2024 Contact Information Contact Information Vendor Contact Information To purchase off this contract or for questions regarding products and pricing, please contact: National Auto Fleet Group Customer Service Team Phone: 1-855-289-6572 Email: fleet@nationalautofleetgroup.com Sourcewell Contact Information For questions regarding contract documentation or the solicitation process, please contact: Mike Domin, Supplier Development Administrator Phone: 218-895-4148 Email: mike.domin@sourcewell-mn.gov Jill Park, Supplier Development Specialist V https://www.sourcewell-mn.gov/cooperative-purchasing/060920-nafMab-contact-information Page 237 of X49 10/21/21, 8:18 AM 060920 -NAF I Sourcewell Phone: 218-895-4181 Email: jill.park@sourcewell-mn.gov Become a Member Simply complete the online application or contact the Client Development team at service@sourcewell-mn.gov or 877-585-9706. Search Vendors & Contracts General Contracts ezlQC Contracts Sourcewell's website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organization's services, advice, or products included in these website links. Sourcewell bears no responsibility forthe accuracy, legality, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. Terms & Conditions Siternap n 113311 jai � wr r «t 2021 Sourcewelt. All rights reserved. Privacy Policy Accessibility hftps:llwww.sourcewell-mn.gov/cooperative-purchasing/060920-naf#tab-contact-information Page 238 of 839 10/21/21, 8:18 AM W" Sourcewell 1IW "s' Toro 031121-TTC I Sourcewell Landscape & Grounds Maintenance Equipment #031121-TTC Maturity Date: 04/30/2025 Products & Services Products & Services Sourcewell contract 031211-TTC gives access to the following types of goods and services: o Reel & rotary mowers o Zero -turn mowers o Walk -behind lawn mowers o Yard tools (e.g. timmers, vacs) o Utility vehicles (UTV) o Sand & in -field groomers v Dingo: compact utility loaders o Ventrac: compact tractors o Snow removal equipment o BOSS snowplows o Golf, residential, & commercial irrigation o Sprinklers, sprayers, & drips Additional information can be found on the vendor -provided, nongovernment website at: toro.com/en/government/national-cooperatives Locate a Dealer https://www.sourcewell-mn.gov/cooperative-purchasing/031121-ttc Page 239 of 649 10/21/21, 8:18 AM Become a Member 031121-TTC I Sourcewell Simply complete the online application or contact the Client Development team at service@sourcewell-mn.gov or 877-585-9706. Search Vendors & Contracts General Contracts ezlQC Contracts Sourcewell's website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organization's services, advice, or products included in these website links. Sourcewell bears no responsibility for the accuracy, legality, or timeliness of any content on the external site or forthat of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. Terms & Conditions Sitemap In # f # Q-) 2021 Sourcewell. All rights reserved. Privacy Policy Accessibility https://www.sourcewell-mn.gov/cooperative-purchasing/031121-ttc Page 240 of 949 10/21/21, 8:18 AM Sourcewell 031121-TTC I Sourcewell Toro Landscape & Grounds Maintenance Equipment #031121-TTC Maturity Date: 04/30/2025 r Contract Documents v Contract c 111i)ocuiiirneiints Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Contract #031121-TTC Effective 04/30/2021- 04/30/2025 Contract Documentation Request for Proposal (RFP) (388.7 KB) lk Contract (492.6 KB) Competitive Solicitation Documentation Proof of Publication (4.51 MB) Proposal Opening Record Page (158.99 KB) https://www.sourcewell-mn.gov/cooperative-purchasing/031121-ttc#tab-contract-documents Page 241 of 849 10/21/21, 8:18 AM 031121-TTC I Sourcewell Proposal Evaluation (169.98 KB) to Evaluation Committee Comment & Review (235.07 KB) Board Resolutions (592.89 KB) Become a Member Simply complete the online application or contact the Client Development team at service@sourcewell-mn.gov or 877-585-9706. Search Vendors & Contracts General Contracts ezlQC Contracts Sourcewell's website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organization's services, advice, or products included in these website links. Sourcewell bears no responsibility for the accuracy, legality, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. w EM ZMEMMUI https://www.sourcewell-mn.govlcooperative-purchasing/031121-ttcMab-contract-documents Page 242 of 849 10/21/21, 9:52 AM The Florida Sheriffs Association II GIST' ' N11)W FOR TlI[20 211 i El III'�,,CUIIVE I.EA1 x rnm" "IiII' rtil i kA N II I i i VIII' 17 rymm un nm (https://www.facebook.com/florid ash eriffsa ssociatio nn V (https://twitter.com/FLSheriffs) f-LORIDA SHERIFFf� f (https://www.fisheriffs.orgn 3e °:ome::.i Mernber (https:Hmembership.fisheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membershiplisheriffs.org/Membership-LP.htmi) Renew Membership (https://membershipJlsheriffs.org/Membership-LP.html#Choose) PURCHASING << Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20- EL28.0 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES Contract Term: October 1, 2020 — September 30, 2022 https://www.flshedffs.org/law-enforcement-programs/purchasing/f`sa2Ovel28 Page 243 of 8f,? 10/21/21, 9:52 AM The Florida Sheriffs Association REGIS'FER NOW FOR ME 2021 EXECU11VE LEADERSHIP x Ki _ . T� �g wl In ne s a e o �-iorl a, eilgi e agencies trom other states nave usea the contracts It their governing purchases ordinance allows. For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 70,580 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser ordering Process Tutorial hftps://www.flsheriffs.org/law-enforcement-programs/purchasing/f`sa2Ovel28 Page 244 of 8A9 BRUCE ROSSMEA, WS POLICE & FLEET SALES Barry T. Kuhtdy Manager October 6, 2021 Mr. William Darty Fleet Administrator CAFM City of Boynton Beach 222 NE 911' Avenue Boynton Beach, FL 33425 Dear Mr. Darty: Thank you for taking the time from your busy schedule to speak with me and discuss topics of mutual interest regarding the current fleet and related topics. Please consider this letter as a follow-up to our conversation and an open proposal offered for your review and consideration. Rossmeyer Daytona Motorcycles, Inc. DBA Bruce Rossmeyer's Daytona Harley- Davidson, 1637 North US Highway 1, Ormond Beach, FL 32174 has been named in the 2020 Florida Sheriffs Association State Contract, (FSA20-VEL28.0) for the purchase of Harley-Davidson police motorcycles. Please accept the following quote. 2021 FLHTP Electra Glide solid black (Southern District) Two -Tone black and white with silver pinstripe 54180-10 Black FID pre -drilled box 65989-97C Auxiliary battery 53196-09 Adapter plate 69941-10 Red/Blue LED lights (3) (300) 72641-10 Chrome flanges (3) (25) 90201903 Saddlebag rails 76000057 Whelen siren amplifier, speaker, and microphone(New Style) New City tag Total $17,750 1,000 1,500 175 125 900 75 350 1,400 150 $23,425 Daytona Harley-Davidson - 1637 North US Hwy 1 -Ormond Beach, FL .32174 Cell: 954.257.2073 - Fax: 386.671.7077 - E -nail: bkubnly @t brhd.com Page 245 of 849 Page 246 of 849 10/21/21, 9:52 AM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Police Rated Motorcycles Item: 260, Harley Davidson, Electra Glide (FLHTP), FLHTP Zone Rank Vendor Price Percent: Build File Options File Western Primary Alligator Alley Harley-Davidson $17,400.00 0.00% Build Options Alternate Rossmeyer Daytona Motorcycles Inc $17,500.00 0.00% Build Options Northern Primary Alligator Alley Harley-Davidson $17,150.00 0.00% Build Options Alternate Rossmeyer Daytona Motorcycles Inc $17,500.00 0.00% Build Options Central Primary Alligator Alley Harley-Davidson $17,150.00 0.00% Build Options Alternate Rossmeyer Daytona Motorcycles Inc $17,500.00 0.00% Build Options Southern Primary Alligator Alley Harley-Davidson $17,400.00 0.00% Build Options Alternate Rossmeyer Daytona Motorcycles Inc $17,500.00 0.00% Build Options Page 247 of 849 https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96704&in=260 1/1 Page 248 of 849 ALLIGATOR ALLEY HD 201 INTERNATIONAL PARKWAY SUNRISE, FL 33325 Tel: 954) 414-4135 ext 3237 Contact Steve Otton S FLH_TP OPTION,,,,,,, r Buyer: FSA20-VEL28.0 Address: r 1 53196-09 1 ADAt�'t'ER PLATE 93.49 65989-97D 1 17.5 AH AUXILIARY BATTERY $ 114.70 53000714D 1 BLACK NOT DRILLED POLICE TOUR-PAK $ 1,019.15 53000712DH 1 BLACK PRE-DRILLED POLICE TOUR-PAK $ 1,104.15 68000285 3 _........ MICROPAK LIGHTHEAD/BLUE LED $ 295.67 68000284 3 MICROPAK LIGHTHEAD RED/BLUE LED ._............................ .... _... ww $ 316.07 90200561 1.... SADDLEBAG GUARD RAILS $ 254.95 76000857 1 COMPLETE EMERGENCY RESPONSE KIT $ 993.64 PAINT 1 SOLID SPECIAL PAINT (OTHER THAN VIVID BLACK OR BIRCH WHITE) $ 350.00 PAINT 1 TWO TONE SPECIAL PAINT $ 900.00 TAG 1 NEW STATE TAG $. 150.00 TAG --------------------------------- ---- ......... 1 .. ......... ..... __._ TRANSFER EXISTING REGISTRATION (TAG NUMBER REQUIRED) ®.,.,, . ........ _ -- ........-------- m..,,,,,,., ......... ......... $ .. _ ..... ----- , ,, ...._ ......... 135.00 ....... _ ....._.. I Page 248 of 849 CITY OF BOYNTON BEACH 10120121 CITY OF BOYNTON BEACH Duval F#eop.t Sales BILL DARTY Learn Torbett SPEED AUTOMATIC TRANSMISSION (Work) 904-388-2144 (Fax) 904-387-6816 (Cell) 904-568-6027 5.51 BOX3.31 Laura.To kutjAyva)tIqpt,gqM ,5203 Waierside Dr Jax F) 322 10 W08PwAwAW&yow**rwt&7d&w dpporkw& to quo& Prk*igperFLORIDAShMVIFMASWC4AI70NUOiff I4ZV1CLE00NMC7F842*- VEMOligwWEqL40mantamdTnwkeFSA20-VWfOO. ffyzwhweaWqmwMwwmgaidhWoWquote pkmomff Na ft Vb&bbwAFbevA*md ECOBOOST GAS ENGINE t_-_-10 SPEED AUTOMATIC TRANSMISSION $EQUIPMENT GROUP 013.S3.61.V6 5.51 BOX3.31 LIMITED SLIP DIFFERENTIALPOWER WINDOWS/ DOOR LOCKSFront License Bracket $ Driver's Side (Left Hand) Spotlight $ BACK UP CAMERA EXTERIOR: OXFORD WHITE $ PG —INTERIOR: POLICE SEAT _$ VINYL FLOOR $ — — ----- ----­--- .......... ....... jNCL TELEMATICS MODUM 188 RUNNING BOARDS 249.00 INC l (4) REMOTE KEYS $ - 63T TAIL GATE STEP $ 429.00 96w SPRAY IN BEDLINER, DEALER INSTALLED $ 694.00 595 FOG LAMPS $ 139.506 76P REVERSE SENSING $ 274.00 INCL SYNC/ BLUETOOTH - $ - TA TArG CITY TAG AND TITLE $ 125.0-0 TT'O TAG HANDLING FEE 48.00 .... . . . . . . ............. _EF - -- - --­---­--------- -- - . VENDOR COMMENTS WIP BOYNTON BEACH LT.xlsx Page 249 of 849 10/281.9:53mw Bid Award Award Report Contract: FSA2O-VEL28.O.Pursuit, Administrative and Other Vehicles Group: Police Rated & Police Hybrid Vehicles Item: 257, Ford, Police Responder F-1 50 Crew Cab 44, W1 P Zone Rank Vendor Price Percent: Build File Options File VVembanl Primary Duval Ford LLC $34.200.00 0.0096 Build Options Alternate Garber Ford Inc $34.955.00 0.0096 Build C>pbmne Alternate Alan Jay Ford Lincoln Mercury, Inc. $37.338.00 0.00Y6 Build Options Northern Primary Duval Ford LLC $34.102.00 0.00% Build Options Alternate Garber Ford Inc $34.800.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $37,117.00 0.00q6 Build Options Central Primary Duval Ford LLC $34.206.00 0.0096 Build Options Alternate Garber Ford Inc $34.803.00 0.00Y6 Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $37.117.00 0.00Y6 Build Options Southern Primary Duval Ford LLC $34.292.00 0.00Y6 Build Options Alternate Garber Ford Inc $34.955.00 0.00Y6 Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $37.227D0 0.00% Build Options Page 250 of 849 hftps://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96704&in=257 '1/1 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 257 92, 257 W1P NORTHERN ZONE it 1, W1 SWTHERN 20NE SuperCrew®4x4 Responder— 5.5' Box (W1 P) (67p) Keyless Entry W1 P 150A 2 Remote Keys, (998) V6 Turbo engine, Led Spotlight, 18" Silver Aluminum wheels Complete Trailer Tow Package (534) Usage: Towing capability up to 10,700 lbs. Availability: • Optional Includes: (53a) • 4-pinl7-pin wiring harness, Ball mount, 2" ball, pin and Clip • Auxiliary transmission oil cooler • Engine Oil Cooler • Class IVtrailer hitch receiver • Pro Trailer Backup Assist (47E) 534 • Tailgate LED • SmartTrailer Tow Connector NOTE: Ordering the Trailer Tow Package does not include Trailer Tow Mirrors. Trailer Tow Mirrors are a standalone option and must be ordered separately. (Option Code: 54Y/59S) NOTE: Ordering the Trailer Tow Package does not include Integrated Brake Controller (67T). Integrated Brake Controller (67T) is a standalone option and must be ordered 34,102.00 2022: M.Y EM 34292,00 2022 MY l►? 0 1 $ 1,134.00 1 $ 1,135.00 RKE Extra Pro ramed remote ke 0 385.00 $ 386.00 �A 18B Black Platform Running Boards 0 $ 249.00 $ 250.00 17C ;' Cti ome fforit and rear bum ens re' vires 5 5 to" lam s 17 00 556_ 1 BoxLinkTm (includes four (4) premium locking cleats) 0 $ 79.00 $ 80.00 DUVAL FORD Page 251 of 849 SPEC 257 Police Respond"''. i Daytime Running Lamps (DRL) 942 Note: The non -controllable 942 Daytime Running Lamps (DRL) replace the standard Daytime Running Lamps (DRL) (On/Off Cluster Controllable , 77 7. 63E Foldable Pickup Box Bed Extender Manual -folding, Power Glass Sideview Mirrors with Heat, Turn Signal, Auto -Dimming Feature (Driver's Side), High -Intensity LED Security Approach Lamps, LED Sideview 54R.59S mirror lights and Black Skull Caps (incl. interior auto -dimming rearview mirror) (req. Rear -Window, Fixed Privacy Glass with Defroster 924/57Q) Note: LED sideview mirror lights are notdirectional police sant lamas 61P I Power Passencer Seat 1 0 $ 44.00 $ 45.00 0 $ 249.00 $ 250.00 0 I $ 304.00 I $ 305.00 76R Reverse Sensin stern 0 $ / i / 9i / l/ 1% / /�„ / /l//if/// / /,/ /r 90D Bed Divider (req. 55B BoxLinkrm; NAwith 90R Stowable Loading 0 $ Ramps) L, =':, �� /i 1 96T Tonneau Picku Box Cover— Soft Foldin 0 $ //'i!A, T, , ,<,7, 77 Red (Blue LED Warning Strobes— custom accessory, pre-installed; includes two (2) LED warning lights 94R visible on either side of stop light bar and two (2) LED lights visible 0 $ between lower windshield and hood (Driver side — Red / Passenger side — Blue) Note: Not available with Amber LED Warning Strobes 94S 96W 294.00 N $ 2.95.00 724.00 1 $ 725.00 Bedliner 1 0 1 $ 594.00 1 $ 595 DUVAL FORD Page 252 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 THMS500- 500 Watt Inverter with Dash Switch- includes TH0002 0 $ 396.00 $ PPI NO // ,A/iir /i ': / r I 1 �r / 21/1 rr 7.. ,. ,,, , TH1000 1000 Watt Inverter with Dash Switch 0 $ 672.00 $ ,.% rrr, ir!/o/d/, /ir � //% I / /��a �/fir J/rr I/ Ong /R/ "r TH2O00 2000 Watt Inverter with Dash Switch 0 $ 796.00 $ J& 71, % / /i//rrii/ r,,/ /ri/ii r%% % DSI- Dimensions 1200 watt Pure Sine Wave 0 $ 1,495.00 $ 12/120ON i I 90.00 90.00 90.00 90.00 USB HD Charge Wire for (phone-USBIPHONE 1 0 J$ 35.00 $ 90.00 lohone Safety Kit Incl; First Aid Kit, Triangle Kit & Fire SAFET Extinguisher (Specify monting location) B500T, O $ 276.00 $ 90.00 PET449, 6430 ECH2 I Weather Tech Laser Cut Floor Liners- 2 Piece 1 O I $ 215.00 1$ 90.00 TINT 1 Window Tint On Front 2 Windows Including Windshield Stri 0 $ 265.00 $ 90.00 NT`2 f "f'i411"VSIincloi�s"' Vic► irtfu' ► ndsk%re Cab F150 223044 TINT 3 Limo Tint 4 Doors Including Windshield 8 "np O $ 465.00 $ 90.00 1 ;� „��o/ra,v/ r ,_, ,,,,, i,,,,,�,,,, i fjr,10 its Pro rammed Integrated Ke Transmitter Fob DECAL 2 Graphics- Customized Packace With Unit numbers O Call for Price $ 90.00 Boards Aides 4" Oval running baords for Extended and Crew 0 $ 595.00 $ 90.00 SCC Cab F150 223044 13p 5 d`, O " $' 23},74 $ 90A0' R E Pro rammed Integrated Ke Transmitter Fob 0 $ 350.00 $ 90.00 tCE PicS frnrYe"d K „rifb`Pa#s,fiebho(b 90:Q0: 2Tone 2DU Ttwo tone for a two door truck from belt line over roof 0 $ 1,550.00 $ 90.00 �, aye 4DU 5nro tQnie fo"r a f�U ,di%or�#yuck frp'rtt a irte oYec roof Q $ 1,: 0 90 OD 2Tone 4D Two tone for a four door truck, doors onl 0 $ 1,696.00 $ 90.00 j ISHIIL Sterling Cab Shield with Mesh Window, Includes Black O $ 656.36 $ 90.00 p PwderCoatin �H950FSD CABSHIEL Sterling Cab Shield with Mesh Window, Includes Black D B Pwder Coating and Beacon Provision [H950FSDE] 0 $ 684.72 $ 90.00 DUVAL FORD Page 253 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 CABSHIEL Sterling Cab Shield, Aluminum [HA951 FSDF] DA B dc' fight Duty L.ouuer� H adach� Rack SLR Single Side Ladder Rack, Aluminum ALUM Material Rack, Aluminum RACK O I $ 929.72 J$ O $ 1,120.00 $ O $ 2,640.00 $ ucoat Under Coating O 1 $ 680.00 $ / W�F io / /Alallm� /„ 8K Pintle 80001 ound Ping Ball Kit.. O $ 255.00 $ 14” Basic Console Package: 4" Dual Beverage Holder, CC -MC -14- Console Tray, 2 -DC Outlets, 1- Dual USB Port O $ 850.12 $ FT -K Faceplate, Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER) 90.00 90.00 m 90.00 90.00 f � /1 90.00 20" Wide Body Console with Open Storage on Side of CC-WBOS- Console: 4" Dual Beverage Holder, Console Tray, 2- 20 -FT -K DC Outlets, 1- Dual USB Port Faceplate, Height O $ 844.94 $ 90.00 Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDERI CM -1715 -SA- LapTop Stand Passenger side mounted with Universal KIT Computer Tray (does not require console),(CM-F15-SA- O $ 736.64 $ 90.00 LT17 �%/%l:,,;'. Ti?fS�-R17(`11`"1r1C'TR`;eirlc_ronin#'mn�Yrif�,vith"`m4�4inn" "' ' i,i �' Profile LackFn Lid KS -71 LP Low Profile HD King Size Aluminum Toolbox with Low O $ 687.00 $ 90.00 UN Profile Lockin Lid for 5.5 foot bed Low Profile HD King Size Aluminum Cross Body UWSTB-69 O $ 568:00 $ 90.00 DUVAL FORD Page 254 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 AU BS- HD Aluminum Side Mounted Toolbox 36" Long, Price O $ 480.00 $ 90.00 36 er side ' 1JWTBS Alu�i66th Slde"Mouh do Toolbox 48" Long, 'Pdcd O 4$O.OQ , $ 90.00 . side AUWTBS- HD Aluminum Side Mounted Toolbox 72" Long, Price 0 $ 503.28 $ 90.00 72 per side SLIDE 1200 LB Capacity Cargo Glide Bed Slide " O $ 1,698.64 $ 90.00 1200 IfCG1200*5481 argoEZ 1000# Capacity Extendo Bed O $ 2,699.86 $ 90.0010 E:XTAG Extan i"'ri Fob Login Bedcover, Harcl O $ t,230 301 $ 90.00 imam, I FCHT Cab h h fiber lass to er with slidin side vinndows O $ 1 „992.00 $ 90.00 FCHT OPT Fiberglass toolbox with shelf on single side. req topper O $ 565.00 $ 90.00 1 "'POW,(SPT Cess she wirii��ors ftp oGE #(f� e` �� �icc�esr req �f to", er r 415 JLIF 90.00 FCHT OPT Solid painted windoors for added security. req. topper O $ 635.00 $ 90.00 3 r r , ON ,. ARE LSII A.R.E.LSII Series Tonneau Cover 5 5' to 8' Bed O 2,165 00 90.00 ARE V A.R.E. V Series Fiberglass Topper (5.5' to 8' Bed). Includes front„ side, .and rear windows. O $ 2,299.00 $ 90.00 RETRAX Retrax retractable bed cover O $ 1,394.94 $ 90.00 , .. h'y&1W, " 1,7' 57-3835 Westin HDX Wrap Around Grille Guard without winch O $ 1,227.68 $ 90.00 late x;03250 8 00,0ound WamWinch with Remote 0 _..._w ._ $._ 929..47,; $ _ 90.00 03252 10,000 ound Warn Winch with Remote 0 $ 981.93 $ 90.00 DUVAL FORD Page 255 of 849 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 SOAVP SoundOff Signal Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher, Tail light flasher; Four Comer Universal Undercover LED system; Combination Light Controller/Siren (ETSA200RA-PA); Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. 7 1 $ 1,637.50 J$ 90.00 Code3 Economic Lightbar Package 21 TR (Model C3ELBP- 21TR47A4) Manufactured in America, All LED Torus LED Modules, Flashing Takedown and Alley LED lights, 8 $ 1,967.50 $ 90.00 Code3 Mastercom Siren and Light Controller, C310OU Soeaker with Bracket. 5 Year Warranty. a�cancr rvlvcr�':a�,rGwuw ayrw►ura� uA►rnca �y�lvunv Model ETSS1©t)D), please speify� vehicle bracke# needed. Li9 htbars are available in red, blue, amber, Ora combination of these colors. Whelen Economic All LED Lightbar (Model Number WELB — F914G4), Fully loaded, 100% Solid State Electronics, LED manufactured in America, with, (2) Flashing/ Takedown LED Lights, (2) Flashing/ Alley LED Lights, Mounting Kit, Epsilon Series Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. 8 k $ 1,712.77 $ 90.00 DUVAL FORD Page 256 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 SoundOff Signal Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear SOEUMP — Deck LED System (Minimum 2 Lights in Each Position); LED Headlight and tail light flashers; Four Comer Universal 9 $ 1,742.50 $ 90.00 Undercover LED system; ETSA461 HPP 100W handheld remote Combination Light Controller/Siren, Speaker and Bracket(s) - LED lights may be blue, red, amber or any combination - soecify color. Code3 Medium Lightbar Package, 21 TR Plus (Model 21TR47MC) Manufactured in America Features Full C3MLBP- Flood Takedown Torus Multicolor Light heads with LED Torus comer modules, Flashing Takedown and Alley 8 $ 1,967.50 $ 90.00 LED Lights, Directional Arrow. Code3 Xcel Siren and Light Control, C3100U Speaker with bracket. 5 Year Warranty. (Code3 Premium Tier2 Package all LED Defender Multicolor Lightbar (Mode IDF4 7A2 MC), Tricore C3PLP- Modules, (2) LED Flashing/Takedown Lights, capable 8 $ 3,102.50 $ 90.00 LED TIER2 of Front Flood Lighting, (2) LED flashing/Alley Lights, ,Auto Diming Photo Cell, Mounting Kit. Code3 Z3 Siren Light Controller, Banshee low frequency Siren, (2) C3100U Speakers with bracket. 5 Year Warranty. DUVAL FORD Page 257 of 849 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 DUVAL FORD Page 258 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-Gold (Model ENFLB-GOLD) containing 16 Tri -Color LED modules (with 336 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered SOPLB — with any 3 colors in each module. 5 -year warranty is LED 3 TIER included on ENFLB. Package also includes a SoundOff 1 00watt 400 series dual tone siren (Siren Model number ETSA481 CSP) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow and 1 00watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS100N), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. Whelen Premium All LED LFL Liberty Lightbar (Model S8FSA1), Fully loaded, 100% Solid State Electronics, manufactured in America with 15 Led Modules, Two WPLB — Wire Controlled Traffic Advisor, (2) LED LED 1 TIER Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mpoynting Bracket. gl s, s mg KJ n, iCrt, 295SLSA6 Combination Lighf/Sirtn„Cort ller, SA315P Siren Speaker and Mountin r Bradkef: ME MIS Whelen Premium All LED TRIO Lightbar, (Model IG381 FSA) Fully loaded, 100% Solid State Electronics,' WPLB ® manufactured in America, includes a Two Wire 9 LED 3 TIER'Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, CenCom Sapphire Combination Light/Siren Controller, SA315P Siren Speaker and Mountinc Bracket. 3,252.50 J$ 90.00 2,131.64 J$ 90.00 23% OFF LIST 1 $ 90.00 DUVAL FORD Page 259 of 849 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 Code 3: Consists of Supervisor Flex, (Specify Sedan :or CPUMP SUV Model) Passenger side only (3 Torus Multicolor I `ED TIER1 light heads w/ fu# flood takedown paeility} 9 $ AAanufabtured in Amehc Rear Full�Wingman Toru ' LEIS, Code' -3 H2 Caverk Sir+erl and Lith# corttfvl„ C�10t�U S ekf v/„fsrafct: Yea ;Went .--...... r, Code3: Deluxe Unmarked Patrol Package - Consist of Front Full Supervisor Flex (Specify Sedan or SUV C3PUMP- model) (Multicolor Torus LEDs w/ full flood takedown LED TIER2 capability) Manufactured in America, Rear Full Wrigman Torus LED, Code3 H2 Covert Siren and Light Control, C31000 Speaker with Bracket. 5 Year Warranty Whelen: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System (Eight 3. WPUMP — LED Module) with LED Takedown Lights; Headlight LED Flasher; Four Comer LED System, Hand Held or one- piece Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination — specify color. Also, available with eight 6 LED LamDS for the Front Interior Liahtbar. SoundOff Signal — ENFWBF Single Colorfull Featured Interior Lightbar Eight 6 -LED modules. with optional ENFWBF- Two 6 -LED Flashing Take -Downs Meets SAE SINGLE specifications. Easy Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. FWBF- D`' ETSS100J S) F"MPSCGI SMS1X 3” lout Drilling Holes, icle make and mo( aker 100watt color 9 1I $ 3,337.50 1$ 90.00 9 V $ 2,280.53 1$ 90.00 3 N $ 695.00 1$ 90.00 natured tional it Points 3 $ 810.00 $ 90.00 indicate 1— $ 170.00 $ 90.00 1 $ 120.00 $ 90.00 DUVAL FORD Page 260 of 849 SPEC 257 Pollice Responder F-1.50 Carew Cain 4x4 1.Pj ..�......_... ..,,.� ,......... _ ............. ENFDWS3 1 InForce Dual Windshield, Dual Shroud and Dual Color IPs1sLE - .. 3"rnP�werSin ale dolor � .- ,� ETSKLF20 LF Aftershock Siren Sysstem, (2) 100 Watt Speakers , 3 $ 0 (1) 200 Watt amplifier and Universal Brackets ELB42BCL 4200 Series LED Beacon, 10-30v, SAE J845 Class 1 - 2 $ OAC I Flat/Pipe Mount. 4"Clear Dome/ Amber LEDs u ENFTCDXS 'nFORCE® 6 module Exterior Traffic Controller w/ 1206 Mounting Bracket, 12 LEDs - Dual Color�combination in Amber, Blue, Red, White tt pF - %�.,- Sita tItnao` ETSA482R SoundOff Signal ETSA482RSP- 200 watt dual tone Sx remote siren with lighting and arrow controls, Push button or Rotary knob OTHER SOUNDOFF OPTIONS AVAILABLE - CONTACT REP FSANNEL2.8.0 265.00 1$ 90.00 690.00 J$ 90.00 201.16 III $ 90.00 2 1 $ 625.00 III $ 90.00 1 $ 165.00 $ 90.00 3 $ 322.29 $ 90.00 2 Si nal Headli flashers, solid state B3�'/ kundOff cfcht / %1( ✓ 96.00 Soundoff Signal - Intersector DUO LED undermirror ENT2133x BROOKING 3 LED LOW PROFILE SURFACE MOUNT Mht-a- M ETSA481C SR SoundOff Signal ETSA481 CSR - deluxe siren tt pF - %�.,- Sita tItnao` ETSA482R SoundOff Signal ETSA482RSP- 200 watt dual tone Sx remote siren with lighting and arrow controls, Push button or Rotary knob OTHER SOUNDOFF OPTIONS AVAILABLE - CONTACT REP FSANNEL2.8.0 265.00 1$ 90.00 690.00 J$ 90.00 201.16 III $ 90.00 2 1 $ 625.00 III $ 90.00 1 $ 165.00 $ 90.00 3 $ 322.29 $ 90.00 2 $ 420.00 I $ 90.00 96.00 _777- % ,, BROOKING 3 LED LOW PROFILE SURFACE MOUNT 2 $ 565.00 $ 90.00 $ 90.00 LP3 X 1 $ 96.00 $ 90.00 BROOKING 3 LED LOW PROFILE SURFACE MOUNT 6 X1 6 LED LOW PROFILE SURFACE MOUNT 1116.0,0"$ 90.00 i _BROOKING LP26 X BROOKING 12 LED LOW PROFILE SURFACE- 1 $ 125.00 $ 90.00 MOUNT T BROOKING 6 LED THIN SURFACE MOUNT -.m.....,�,_._....,-...�,. .............�_....��..-..�mry 1 $ 130.00 $ 90.00 BROOKING.. ..-...,� $..M....mm..�- - $ 90.00 BKTS CONTACT REP FOR BROOKING BRACKETS PAL06 XX BROOKING PAIR- DUAL MODE -SINGLE OR SPLIT 1 $ 160.00 $ 90.00 COLOR, HZNS6-XX BROOKING HORIZON 6 LED MODULE 2 $ 400.00 $ 90.00 B DUVAL FORD Page 261 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] $ 125.00 $ FSA20-VEL28.0 I [ R(OIIV� MIIRO - 345.00 HHS3200'WHELEN SIREN AMP W/ HAND-HELD CONTROL BR-LEDBH BROOKING 8 LED BEACON 2 $ 185.00 $ 90.00 4 XXXX R0t3KING 1l LES B`AOON 2 ,,9004 1 $ B19-XXXX BROOKING 36 LED BEACON 2 $ 305.00 $ 90.00 '40-XXROC3Kil�IG 4J" FIT LEGION LIGHT BAR �..-� �,��,..,�,.�..,---- 2 $ 5 $ 9D OQ IT54-XX BROOKING ROOKING 54" FIT LEGION LIGHT BAR 2 $ 835.00 $ 90,00 EVL12- BROOKING DUAL COLOR ECLIPSE BAR INTERIOR 2 $ 890.00 $ 90.00 XXXX BAR . �� r' ROOICINO TE►IfPEST 48" OIC 54 FULL DUO' 2 1 580 00 000 TORRENT 2 $ 1,580.00 $ 90,00 BAR BROOKING TORRENT 49" OR 54" FULL DUO s 'LT6-X ____ ICODE 3 6 LED, THIN SURFACE MNT 1 $ 117.00 $ 90.00 MICROPAK�' DC CODE 3 HIDE A BLAST,6LED,LP,SM SPLIT COLOR C3RNRDC- CODE 3 60" OUTLINER - BRACKET INCLUDED - 60R PAIR 99L5 C�DOI 3 H2 GOVERT SIRI=N C39000 CODE 3 SLIM 100 WATT SPEAKER/BRACKET 1 WHELEN STRIP LIGHT PLUS SOLO $ 125.00 $ 90.00 I 7 ISO 00 ;„ 90.Q0 HHS3200'WHELEN SIREN AMP W/ HAND-HELD CONTROL 2 3 $ $ 675.00 $ 90.00 L EI�N SIREN AMP N[3-filrLD CONTROL - - _:�.,w 440.00 °`,` ,,9004 1 $ 205.00 $ 90.00 AVC21 ** HELEN DUAL AVENGER II SOLO 1 240 00 90.00 -- jE2150A EDEN HEADI.fGHTLA3HE -« �......-,��..... :�. � .._.. � PS*01 FCR WHELEN STRIP LIGHT PLUS SOLO 1 123.08 $ 90.00 HHS3200'WHELEN SIREN AMP W/ HAND-HELD CONTROL 2 $ 429.00 $ 90.00 iH S EI�N SIREN AMP N[3-filrLD CONTROL - _ 2 $ 479.0 90.00 295SLSA6 WHELEN 295SLSA6 SIREN/CONT CENTER 2 $ 429.00 $ 90.00 WHEEiV LOW_ LFREQUENCY TONE `SIRENW BOWLER SYS./BRACKET 2` 529.60 $ 90.00 »A315P WHELEN 100 WATT SPEAKER/ BRACKET 1 $ 203.00 $ 90.00 CRHS5 WHI=LEN 60" TRACER - SOLO - PAIR - BRACKET 3 $ 890.72 $ 90.00 INCLUDED TCRHDS WHELEN 60" TRACER -DUO -PAIR -BRACKET .,. -.. 3 $ 1,095.00 $ 90.00 INCLUDED ICC61lU WHELEN PCC6W CONTR-_ OL CENTER 1 $ _'1__4'0_'_.0_0_' $ ..90.00 I�RC1m6PAww WHELEN 16" MMINI CENTURY -AMBER 2 318800 $ 90.00 MC16PF mmmITm mmmmm mmmm _.....__. WHELEN 16" MINI CENTURY-AMBER/WHITE 2 mm S _ 347.05 $ 90.00 DUVAL FORD Page 262 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] FSA20-VEL28.0 UA97 WHELEN 97 -DB BACK UP ALARM 1 $ _ 84.00 $ 90.00 X68 L10HAP WHELEN L10 BEACON 2 $ 245.00 $ 90.00 �T. . �....-,. X160-0085 1 $ 18 (0 MCRNT* ON WHELEN STUD MO=77 1 139 $ 0 77, 00 t7 $ �#4 ARGES 1 WHELEN 50 Spotlight with Proclera® Silicone Optic 3 $ 535.00 $ 90.00 MOUNT - 3 $ 895.00 $ 90.00 WHELEN ARGES MOUNT VEHICLE SPECIFIC 11 ON g ARCHG2 WHELEN Vontrol Head for Arges , Swivel Mount- 1 $ 233.00 $ 90.00 TROY PRODUCTS 16" wide-body console with 8" slope / 8" level and open storage on side of console. CC-WBOS- Includes floorplate and faceplates, 3" shallow console O $ 904.15 $ 90.00 16 -FT -FB tray, (2) DC outlets & (1) dual -port USB module, & Lidded file box that bolts to the rear of wide-body console with larde leather read. C-3010 Console - Havis - 30" Enclosed 10" high console (track I 0 u $ 653.00 $ 90.00 mount reouired) N 425-6012 Lame Console - Jotto -15 Inch Police Equipment Console - 0 � $ 298.50 N $ 90.00 DUVAL FORD Page 263 of 849 (Console Track Mount - Gamber Johnson - Universal ,.».,.�....w.. -$ 7110-0350 MCS Console Le Kit 0 112.00 $ 90.00 . �....-,. X160-0085 m- -.._ .. ...,. .. _�w Console Track Mount - Gamber Johnson - NICS Top 0 $ 144.50 $ 90.00 Plate ..... C-TMW- 0 $ 249.00 $ 90.00 F150-03 Console Track Mount - Havis -Tunnel Mount Assembl .. 425-6501 .- .., -M.. Console Track Mount Jotto Floor Plate Kit �sgte ��....�..- .. „ M., � „- �,ry . � O $ -...... 229.00 $ 90.00 7160-0524 Console Armrest - Gamber Johnson - MCS External O $ 303.00 $ 90.00 Break -Awa Armrest X160-0375 a . �.,._...... Console Armrest - Gamber Johnson - MCS Extended .. O $ 157.50 $ 90.00 Ponnl Armrnaf DUVAL FORD Page 263 of 849 SPEC 257 Police Responder F-150 Crew Cab 44 [W1P] $ 769.00 $ 90.00 FSA20-VEL28.0 C ARM 101 Console Armrest - Havis - TRR -Mount Arm Rest 0 $ 138.00 $ 90.00 PKG-PSM- Laptop Stand - Havis - Premium Passenger Side 0 738.00 2 � 385 Mount Package $ '.7 -7 777 _AL- .] 0 ad - Jq'ito HLA W1 - 425-6260 Console Armrest - Jotto - Armrest - Upper Struc-mmture 0 $ 120.00 $ 90.00 7777- 4,21"358 Console, Armrest - jotto 3- A .. . .. . . ...... plI Mquni 0 A Dimll 94 00$ X00 3130-0361 0 $ 336.60 $ 90,00 /7160- Console 3 Outlet - Gamber Johnson - DC Outlet Face 0 $ 164.50 $ 90.00 0063 Plate / 3 Outlet $ 180 00 90.00 Recirihdows deactivated . . ....... . PUSHPULL 0 $ 450.00 $ 90.00 425-2968 Console 3 Outlet - Jotto -12V Power Outlets in 2" 0 $ 120.50 $ 90.00 !1- a te wJF'IOar gl $ 1,076.76 $ 90.00 -SS-Ft-K panel. Includes rn6untingkit & partition kick panels for . M 7" F -s ene§_�IqKyRs- 777OF G-CUP2 I Console Cu holder - Havis 2 Cu holder 0 $ 97.00 $ 90.00 ' 17 / II �.r �W'77 g elft„ R7 PRPSP811 Prisoner Cage - Pro-gard - Poly Center Slider Window 0 «r CM-FUV20- TROY PRODUCTS passenger -seat computer mount 4FT16A with Expanded Metal Insert - F150 ONLY SA -KIT with rotating swing arm and deluxe theft -deterrent 0 $ 804.60 $ 90.00 IaDt0D tray for computer uv to 15"W x 11.5"H. T15F150 Metal, LEP Laptop Stand - Gamber Johnson - Pedestal System 0 $ 769.00 $ 90.00 7170-0236 Kit � W-77' Al"Q77-2 Te7r7j�I a n V /77 s t 2- OLOL 011//� . .... fi Oz- Y111 4P 'S, go PKG-PSM- Laptop Stand - Havis - Premium Passenger Side 0 738.00 $ 90.00 385 Mount Package $ '.7 -7 777 7 -777777/7 0 ad - Jq'ito HLA W1 - RAM VB- Laptop Stand - RAM - Complete Laptop Package, Tray 0 $ 352.00 $ 90.00 195 -SWI Included 7=77777�jT,� "M IT; 7, MEE dje",/'4�1-`7 '/4 j Fuls, E77/3/1`7 Im A Dimll , E-2/17. / UT -1001 La to Cradle - Havis - Universal La to tray 0 $ 336.60 $ 90,00 LOCK $ 1 180.00 $80.00 $ 90.00 INOP Rear Lock and Handles inoperable -7` 7 NO ifOP O $ 180 00 90.00 Recirihdows deactivated . . ....... . PUSHPULL 0 $ 450.00 $ 90.00 Manual Unlock Plunders lr TROY PRODUCE'S large window partition with ROD ,�SI-6- Window, crawkhrou§h'ba/rder and weapon recess Al IS 0 $ 1,076.76 $ 90.00 -SS-Ft-K panel. Includes rn6untingkit & partition kick panels for F -s ene§_�IqKyRs- Prisoner Cage - Jotto - Space Creator Vehicle 0 $ 1,152.50 $ 90.00 475-1104 Partition, RP,LEP PRPSP811 Prisoner Cage - Pro-gard - Poly Center Slider Window 0 1,235.50 $ 90.00 4FT16A with Expanded Metal Insert - F150 ONLY PK0601FD Prisoner Cage - Setina - #1 OVS-C Sliding Window,Exp 0 $ 1,052.50 $ 90.00 T15F150 Metal, LEP DUVAL FORD Page 264 of 849 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 P1000FT16 A Single Prisoner Cage - Pro-gard - Single Compartment, O $ 1,833.00 $ 90.00 Pro -cell Y2 Partition OEM Rear Seat Onl F150 m f / / r � „r ✓/,, AC F150- TROY PRODUCTS driver & passenger side diamond - FT K punched side window guards with diamond -punched O $ 405.00 $ 90.00 rear window screen. WK0514FD T15F150H Window Bars - Setina - Window Armor - Horizontal fia, >Prc� ,ate r an is X150 - DK0598FD T I Door Panels - Setina - Door panels - F150 only BK0534FD � Push Bumper - Setina - Push Bumper - F150 Only T O � $ 397.00 I $ 90.00 O 1 $ 270.50 I $ 90.00 O l $ 699.00 I $ 90.00 TROY PRODUCTS theft -deterrent dual weapon gun GM-SGRF- mount. Includes two (2) butt plates, two (2) lock and O $ 588.60 $ 90.00 MNT-K two (2) handcuff style locks with #2 key and push- button override switch. GVPMD-H n Lock - Pro-gard - Vertical Partition Mount Dual O 1$ 647.00 $ 90.00 tGuaoon Tri -Lock Gunrack w/HK GK10342U HKSSCAXL Gun Lock —Setina -Dual T -Rail Mount 2 Universal XL , O $ 569.00 $ 90.00 Handcuff Ke Override MINIExtended MM7 Service Plan Base Care, Zero Deductible. Five Year, CB575 175000 Mile. Call Dealer for plan specifics and optional Terms. $ 1,770.00 $ 1,770.00 Price Guide Jan 2021 I xfended Wr-yi Plan Base Care, Zero Deductible. Five Year, CB5100 104040 Mile, Call Dealer for plan spedfics and optional Terms. $ 2,325.00 $ 2,325.00 Pride iGuide Jan 2021 Extended Service Plan Extra Care, Zero Deductible. Five Year, CE575 75000 Mile. Call Dealer for plan specifics and optional Terms. $ 1,960.00 $ 1,960.00 Price Guide Jan 2021 Extended Service Plan Extra Care, Zero Deductible, Five Year, CE5100 100000 Mile. Call Dealer for plan specifics and optional Terms. $ 2,715.00 $ 2,715.00 Price Guide Jan 2021 DUVAL FORD Page 265 of 849 SPEC 257 Police Responder F-150 Crew Cab 4x4 [W1P] FSA20-VEL28.0 DUVAL FORD Page 266 of 849 CITY OF BOYNTON BEACH CI"rY OF BOYNTON BEACH OuvalFleetSaMw BILL DARTY Laura Torbett 60A � _ (Work) 904-388-2144 r ., ... (Fax) 904-387-6816 7'6R (Cell) 904-568-6027 STD Laura.T®rbettr'= duva(f@eet.cora TAG 5203 Welemide & J.?x F132210 SpprevAm&Y=rrA t and On Adl b'to quad& Pni ft pr FWft10A SNERINV ASMOIATIONLIGNT wmlcLECONMCT fSA2& VFL210A%wy Eq&*nmmtand Truate f8420-VEN 18.0. Ifyw1mveariy quwflow regardkV 6S quote phwe *W Ne(t V&Wcrb wAYbe adwed IdAs aYtarlor urlBse aperlAbd an pine order S1*pkjV and Invo bft *wft Mww are raqutredomV&- cypt#vh ee alder: 3.31- V6 GAS ENGINE POWER WINDOWS/ DOOR LOCKS Front License Bracket Driver's Side (Left Hand) Spotlight 4.2" LCD BACK UP CAMERA CENTER STACK DISPLAY KEYLESS ENTRY EXTERIOR: OXFORD WHITE INTERIOR: CLOTH FRONT SEATS/ REAR VINYL VINYL FLOOR 66P PRE DRILLED HEADLIGHTS 6T' TAIL LAMP HOUSING 60A � _ GRILLE, SIREN AND SPEAKER WIRING 52''P HIDDEN DOOR PLUNGERS WITH HANDLES/ WINDOWS AND LOCKS INOPERATIVE 7'6R REVERSE SENSING STD BLUETOOTH INTERFACE TAG CITY TAG AND TITLE T"TO TAG HANDLING FEE 6P5100 5 YEAR/ 100,000 MILE PREMIUM CARE WARRANTY WITH $0 OED ifr6.00 x"/4.00 125.00 46.00 K8A WHITE BOYNTON BEACH LT.xlsx Page 267 of 849 10121/21, 9:54 AM Bid Award Item: 255, Ford, Interceptor Utility AWD 3.31L Gas, K8A Award Report Zone Rank Vendor Western Primary Duval Ford LLC $33,345.00 Alternate Garber Ford Inc $32,838.00 Alternate BOZARDFC)RO Northern Primary Duval Ford LLC $33,243.00 Alternate Garber Ford Inc $33,017.00 Alternate B{}ZARDFORD Central Primary Duval Ford LLC Alternate Garber Ford Inc Alternate BaohrodtFT, LLC dba Palmetto Ford of Miami Southern Primary Duval Ford LLC Alternate Garber Ford Inc Alternate BeohrodtFT, LLC dbaPalmetto Ford of $33,017.00 0.00% Buil $33,287.00 0.00% Bull $33,345.00 0.00% Buil $32,838.00 0.00% Buil $33,236.00 0.00% Buil $33,243.00 0.00% Builo $33,017.00 0.00% Buil $33,338.00 0.00% Buil $33,389.00 0.00% Build Page 268 of �/49 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 255 K8A NORTHERN ZONE $ 32,838.00 255 K8A C ZONE $ 33`017.00 255 K8A SOUTHERN ZONE $ 33„014.00 ® •® • gj �' AWD 3.3L V6 Direct -Injection FFVwith 10 -Speed AutomaticTransmission (136 -MPH Top Speed) Note: Deletes Regenerative Braking and Lithium -Ion 99B/44U Battery Pack; adds 250 -Amp Alternator, replaces H7 AGM battery (800 S CCA180-amp) with H7 SLI battery (730 CCA/80-amp) and replaces 19- allon tankw1h 21.4- Tallon tank 2 Tone White doors Painted only 0 $ 1,395.00 NA 2 Tone D&R White doors and Roof ainted 0$ 1695.00 NA 2 Tone Foll Two tone: Roof., doors and illars pa0led white 0 $ 1,895°00 NA e Interior Upgrade Package •1 st and 2nd Row Carpet Floor Cov ering -Cloth Seats — Rear 65U •Center Floor Console less shifter (Maintains Column Shifter) 0 $ 379.00 $ 390.00 -Includes Console and Top Plate with 2 cup holders -Floor Mats, front and rear (carpeted) -Includes SYNC 3® Front Headlamp Lighting Solution • Includes LED Low beam/High beam headlamp, Wig -wag function and (2) RedBlueMhite LED side warning lights in each headlamp (factory configured: driver's side White/Red l passenger side White/Blue) 6A • Includes pre -wire for grille LED lights, siren and speaker (60A) 10, 894.00 $ 895.00 • Wiring, LED lights included (in headlamps only; grille lights not included). ,Controller "nof included Note: Not available with option: 67H Note: Recommend using Ultimate Wiring 'Packs a 67U Tail Lamp I Police Interceptor Housing Only 86T • Pre-existing holes with standard twist lock sealed capability (does not 0 $ 59.00 $ 60.00 include LED strobe) (eliminates need to drill housing assemblies) Note: Not available with options: 66B and 67H Tail Lamp Lighting Solution • Includes LED lights plus two (2) rear integrated hemispheric lighthead 666 white LED side warning lights in taillam s p 0 $ 429.00 $ 430.00 • LED lights only. Wiring, controller "nof included Note: Not available with option: 67H, 86T Note: Recommend using Ultimate Wiring Packaae i67Ut DUVAL FORD Page 269 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 270 of 849 Rear Lighting Solution • Includes two (2) backlit flashing linear high-intensity LED lights (driver's side red 1 passenger side blue) mounted to inside liftgate glass • Includes two (2) backlit flashing linear high-intensity LED lights (driver's 66C side red / Passenger side blue) installed on inside lip of liftgate (lights 0 $ 454,00 $ 455.00 activate when liftgate is open) • LED lights only. Wiring, controller "not" included Note: Not available with option: 67H Note: LED lights only— does "not" include wiring or controller Note: Recommend usin, Ultimate rina Packa a (67U Ready for the Road Package: All -in Complete Package — Includes Police Interceptor Packages: 66A, 66B, 66C, plus • Whelen Cencom Light Controller Head with dimmable backlight • Whelen Cencom Relay Center /Siren /Amp w/TrafficAdvisorcontrol (mounted behind 2nd row seat) Light Controller / Relay Cencom Wiring (wiring harness) w/additional input/output pigtails 67H . • High current pigtail 0 $ 3,594.00 $ 3,595.00 • Whelen Specific WECAN Cable console to cargo area connects Cencom ( g ) to Control Head • Pre -wiring for grille LED lights, siren and speaker (60A) • Rear console plate (85R) -contours through 2nd row; channel for wiring • Grille linear LED Lights (Red / Blue) and harness • 100 -Watt Siren /Speaker • Hidden Door -Lock Plunger w/Rear-door controls inoperable (locks, handles and windows) (52P) Note: Notavailable with options: 66A, 66B, 66C, 67U and 65U Ultimate Wiring Package Includes the following: • Rear console mounting plate (85R) — contours through 2nd row; channel for wiring • Pre -wiring for grille LED lights, siren and speaker (60A) • Wiring harness VP to rear cargo area (overlay)— Two (2) light cables — 67U supports up to six (6) LED lights (engine compartment/grille) — One (1)10- 0 $ 559.00 $ 560.00 amp siren/speaker circuit engine compartment • Rear hatch/cargo area wiring —supports up to six (6) rear LED lights • Does "nor include LED lights, side connectors or controller Note: Recommend Police Wire Harness Connector IGt67V Note: Not available with o tions:65U, 67H Police Wire Harness Connector Nt— Front/Rear For connectivity to Ford PI Package solutions includes: • Front— (2) Male 4 -pin connectors for siren — (5) Female 4 -pin connectors for lighting/siren/speaker— (1) 4 -pin IP connector for speakers — (1) 4 -pin IP 67V connector for siren controller connectivity— (1) 8 -pin sealed connector— (1) 0 $ 184.00 $ 185.00 14 -pin IP connector • Rear— (2) Male 4 -pin connectors for siren — (5) Female 4 -pin connectors for lighting/siren/speaker— (1) 4 -pin IP connector for speakers — (1) 4 -pin IP connector for siren controller connectivity— (1) 8 -pin sealed connector— (1) 14 -pin IP connector 41 H Engine Block Heater 0 $ 89.00 $ 90.00 153 License Plate Bracket— Front I NC NC 43D Dark Car Feature — Courtesy lamps disabled when any door iso ened 0 $ 24.00 $ 25.00 DUVAL FORD Page 270 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 271 of 849 Daytime Running Lamps (Always on) Note: Replaces Standard 942 Configurable Daytime Running Lamps for agencies that require Always on $ 44.00 $ 45.00 Da °me RunninQ Laws 17T Switchable RedlWhite Lighting in Cargo Area (deletes 3rd row overhead 0 $ 49.00 $ 50.00 map lir ht Front Warning Auxiliary LED Lights (Driver side - Red / Passenger side — 21 L Blue) Note: Recommend using Readyfor the Road Package (67H) or 0 $ 549.00 $ 550.00 Ultimate Wirin Package 67U Front Interior Visor Light Bar (LED) • Super low -profile warning LED light bar fully integrated into the top of the windshield near the headliner— fully programable. (Red/Red or Blue/Blue operation. White "take down" and "scene" capabilities) 96W Note: Recommend using Ready for the Road Package (67H) or Ultimate 0 $ 1,144.00 $ 1,145.00 Wiring Package (67U) (when not ordering the Interior Upgrade Package [65U]) Note: FrontlRear Console Plate no longer required; can be ordered with Interior Upgrade Package (65U) Note: Not available with option 76P 60A Pre -wiring for grille LED li hts siren and s esker 0 $ 49.00 $ 50.00 Rear Auxiliary Liftgate Lights (Red/Blue LED Lights; located beneath liftgate glass in applique panel) 43A • LED lights only. Wiring, controller "not' included 0 $ 394.00 $ 395.00 Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package 67U Rear Quarter Glass Side Marker LED Lights (Driver side — Red l Passenger side — Blue) 63L • LED lights only. Wiring, controller "not" included 0 $ 574.00 $ 575.00 Note: Recommend using Ready for the Road Package (67H) or Ultimate Wirin' Package 67U Rear Spoiler Traffic Warning Lights (LED) • Fully integrated in rear spoiler for enhanced visibility • Provides red/blue/amber directional lighting — fully programmable 96T Note: Recommend using Ready for the Road Package (67H) or Ultimate 0 $ 1,494.00 $ 1,495.00 Wiring Package (67U) (when not ordering the Interior Upgrade Package [65U]) Note: Rear Console Plate no longer required; can be ordered with Interior Upgrade Package 65U Side Marker LED - Sideview Mirrors (Driver side — Red / Passenger side — Blue) - Located on exterior mirror housing 63B • LED lights only. Wiring, controller "not' included 0 $ 289.00 $ 290.00 Note: Requires Pre -wiring for grille LED Lights, siren and speaker (60A) Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package 67U 51 P Spot Lamp Prep Kt, Driver Only Note: Does not include spot lamp housing 0 $ 139.00 $ 140.00 and bulb 51W Spot Lamp Prep lit, Dual Driv er and Passenger. Note: Does not include 0 $ 279.00 $ 280.00 s otlam ho— 1 1 and bulb D51 R Delete Spotlight Driver Side Onl Uni 0 $ 110.00 $ 110.00' • $1T DriverOnl Whelen' 0 $ 419.00 $ 420.00 ® 51S Dual (driver and aassencer Uni 0 $ 619.00 $ 620.00 51V Dual driverand assen er Whelen 0 $664.00 $ 665.00 DUVAL FORD Page 271 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 A Full Window Tintin ,; Lumar or 3M brand O $ 385.00 $ 385.00 32 7 ZV Glass -Solar Tint 2Ind Row door glass, Rear Quarter and Liftgate Window 0 $ 119.00 $ 120.00 Deletes Priv acy Glass 333 92R Gass - Solar Tint 2`d Row Only door glass, Privacy Glass on Rear Quarter 0 $ 84.00 $ 85.00 and Li ate Window 76D Underbody Deflector Plate `en ine and transmission shield 0 $ 334.00 $ 335.00 65L Wheel Covers (18" Full Face Wheel Cover) Note: Only available with the standard Police wheel not available with 64E 0 $ 59.00 $ 60.00 64E 18" Painted Aluminum Wheel. Note: Spare wheel is an 18" conventional 0 $ 474.00 Police black steel wheel, Not available with 65L. $ 475.00 1M MM 12.1" Integrated Computer Screen • Includes 12.1" touchscreen display in center stack and allows for operation 47E of laptop in remote location to free up cabin space in front passenger area 0 $ 2,744.00 $ 2,745.00 • Includes Audio Video Extender (AVX) box, (2) AVX cables, (2) USB cables and (1) HDMlcable • Includes SYNC 3 Rear View Camera displayed in rear view mirror (Includes Electrochromic Rear View Mirror) 87R Note: Not recommended with option 47E 12.1" Integrated Computer Screen 0 NC NC Note: This option replaces the standard display in the center stack area. Note: Camera can only be displayed in the center stack (std) "OR" the rear view mirror 87R Rear Camera On -Demand - allows driver to enable rear camera on- 19V demand 0 $ 229.00 $ 230.00 USB I USB Cha 7 0 $ 39.00 $ 45.00 USBA USB Charge wire for android devices -0 $ 39.00 $ 45.00 Hidden Door -Lock Plunger wlRear-door controls inoperable (locks, handles 52P and windows) 0 $ 159.00 $ 160.00 Note: Not available with 68G- includes all content of68G Note: Can manually remove window or door disable plate with special tool Note: Locks/windows operable from driver's door switches Rear -Door controls Inoperable (locks, handles and windows) 68G Note: Not available with 52P. 0 $ 74.00 $ 75.00 Note: Can manually remove window or door disable plate with special tool Note: Locks/windows operable from driver's door switches Global Lock! Unlock feature (Door -panel switches will locklunlock all doors 18D and rear liftgate. Eliminates overhead console liftgate unlock switch and 45- second timer. Also eliminates the blue liftgate release button if ordered with 0 NC NC Remote Keyless Entry), Delete: Remote Keyless -Entry Key Fob (w/o Keypad, less PATS) -- (includes D55F 4 -key fobs) 0 $ (75.00) $ (75.00) ® 59E Keyed Alike -1435x 0 $ 49.00 $ 50.00 59B Keyed Alike -1284x 0 $ 49.00 1 $ 50.00 59D Keyed Alike - 0135x 0 $ 49.00 $ 50.00 DUVAL FORD Page 272 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [ A] SA20-VEL28.0 59F Ike ed Alike - 0576x 0 49.00 $ 50.00 591 Keyed Alike -1111 x 0 $ 49.00 $ 50.00 59C li Keyed Alike -1294x 0 $ 49.00 $ 50.00 9G e ed Alike - 0151 x 0 $ 49.00 $ 50.00 s�M OEM 16C 1 St and 2nd row car etfloor coveringjncludes floor mats, front and rear 0 $ 124.00 $ 125.00 68F 2`n Row Cloth Seats 0 $ 59.00 $ 60.00 87P Power assen erseat J8 -way' w12-wa manual recline and lumbar 0 $ 324.00 $ 325.00 85D Front Console Plate Delete. Note: Not available with option: 67H67U 85R 0 NC NC 85S Rear Center Seat Delete • Deletes the center section of the 2nd row seat • 0 NC NC Includes molded trim floor panel in lieu of center seat section • 65R Rear Console Plate.: Irtep.ldta,vailaele witho tlra: 650r 65 0 $ 44 00 $; 45w00 Ballistic Door -Panels (Level III+) - Driver Front -Door Only, Tested and meets the requirements of NIJ Standard 0108.01 Level III: *7.62 x 51 mm 9.7g M80 (.308 Winchester 150gr) 90D Per LAPD requirements, they're also designed to withstand special threat ' $ 1,584.00 $ 1,585.00 rounds: •7.62 x 39 mm MSC 7.9g (Type 56) *5.56 x 45 mm M193 3.36g 95.56 x 45mm M855 4 Ballistic Door -Panels (Level III+) - Driver & Pass Front -Doors, Tested and meets the requirements of NIJ Standard 0108.01 Level III: 97.62 x 51 mm 9.7g M80 (.308 Winchester 150gr) 90E Per LAPD requirements, they're also designed to withstand special threat 0 $ 3,169.00 $ 3,170.00 rounds: •7.62 x 39 mm MSC 7.9g (Type 56) •5.56 x45 mm M193 3.36g .5.56 x 45mm M855 4 Ballistic Door -Panels (Level IV+) - Driver Front -Door Only, Tested and meets the requirements of NIJ Standard 0108.01 Level IV: • .30-06 M2 AP 166gr (7.62 x 63 APM210.8g) ® 90F Also designed to withstand special threat rounds: 0 $ 2,414.00 $ 2,415.00 7.62 x 54R LPS 9.65g 7.62 x 51 mm M61 9.75g (.308 Winchester 150.5gr) In addition, Level IV+ includes all of the NIJ Level III and LAPD rounds listed in footnote Ballistic Door -Panels (Level IV+) - Driver & Pass Front -Doors, Tested and meets the requirements of NIJ Standard 0108.01 Level IV: ..30-06 M2 AP 166gr (7.62 x 63 APM210.8g) ® 90G Also designed to withstand special threat rounds: 0 $ 4,829.00 $ 4,830.00 • 7.62 x 54R LPS 9.65g • 7.62 x 51 mm M61 9.758 (.308 Winchester 150.5gr) In addition, Level IV+ includes all of the NIJ Level III and LAPD rounds listed in footnote 556 BLIS®- BlindSpotMonitorin with Cross -traffic Alert O $ 544.00 $ 545.00 DUVAL FORD Page 273 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 274 of 849 Police Perimeter Alert -detects motion in an approximately 270 -degree radius on sides and back of vehicle; if movement is determined to be a 68B threat, chime will sound at level I. Doors will lock and windows will 0 $ 674.00 $ 675.00 automatically go up at level 11. Includes visual display in instrument duster with tracking Pre -Collision Assist with Pedestrian Detection (includes Forward Collision Warning and Automatic Emergency Braking) 76P Note: Includes unique one -touch temporary disable switch for Law 0 $ 144.00 $ 145.00 Enforement use Note: Not available with option 96W Mirrors - Heated Sideview 549 Note: Not required when ordering BLIS® (heated mirror is included with IBLIS&) 0 $ 59.00 $ 60.00 -7 Perimeter Anti -Theft Alarm • Activated by Hood, Door or Liftgate; when unauthorized entry occurs, 593 system will flash the headlamps, parking lamps and sound the horn 0 $ 119.00 $ 120.00 • Requires Keyless -Entry Key Fob (55F) Note: Cannot be ordered with Ke'ed-Alike o tions Police Engine Idle feature 47A • This feature allows you to leave the engine running and prevents your 0 $ 259.00 $ 260.00 vehicle from unauthorized use when outside of your vehicle. Allows the key to be removed from ignition while vehicle remains idling 76R Reverse Sensin S stem 0 $ 274.00 $ 275.00 17A RearAuxiliar Air Conditioning 0 $ 609.00 $ 610.00 Badge Delete 16D • Deletes the "Police Interceptor" badging on rear liftgate 0 NC NC • Deletes the "Interce tor" badgingi on front hood EcoBoosi® 63V Cargo Stora a Vault includes lockable door and corn artrnent li ht 0 $ 24.00 $ 245.00 19K H8 AGM Batter 850 CCA/92-am 0 $ 109.00 $ 110.00 Low -Band Frequency Noise Suppression Kit • Recommended for agencies thatoperate radio equipment in the 39-46 MHz frequency range (VHF Low Band - Channels 1-9) 68E • Provides noise suppression for in -car two-way radio communication 0 $ 194.00 $ 195.00 devices in the 39-46 MHz frequency range Noise Suppression Bonds (60R) do not provide adequate noise suppression in this frequency range Noise Suppression Bonds (Ground Straps) Note: Low -Band Frequency ® 6OR Noise Suppression Kit (68E) recommended for agencies that operate radio 0 $ 99.00 $ 100.00 equipment in the 39-46 MHz frequency range (VHF Low Band - Channels I 1-9" 18X 100 Watt Siren/S esker(in cludesbracket and pigtail) 1, 0 $ 314.00 $ 315.00 61 B OBD -II Split Connector- Allows up to 2 devices to be connected to the 0 $ 54.00 $ 55.00 vele' 08 -II od: TROY PRODUCTS, 18" L-shaped console with 10" slope / 8" level with faceplates, 4" dual cup internal beverage holder, 4" CC-20-UV10-L8-K shallow console tra 2" face late pre -punched w/ holes for 2 Y, p p -p ( ) 1 $ 855.92 $ 90.00 DC outlets & (1) dual -port USB module, & height adjustable swivel arm rest with 5"x8" foam pad that bolts to rear of console. DUVAL FORD Page 274 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 275 of 849 TROY PRODUCTS 22" all -level console with faceplates, 4" dual cup internal beverage holder, 4" shallow console tray,2" CC-20FDUV-22-K face plate pre -punched w/ holes for (2) DC outlets & (1) dual- 1 $ 830.53 $ 90.00 port USB module, & height adjustable swivel arm rest with 5"x8" foam pad that bolts to rear of console. 7170-0734-04 Console - Gamber Johnson - Short console box, cup holder, 1 $ 873.75 $ 90.00 armrest, Mon oose motion attachment ® 7170-0734-00 Console - Gamber Johnson - Console box with cup holder kit 1 $ 448.75 $ 90.00 C-VS-1012-INUT Console - Havis - Vehicle Specific 22" Console 1 $ 498.75 $ 90.00 C-VS-1400-INUT Console - Havis - Vehicle S ecific 14" Console 1 $ 348.75 $ 90.00 ' 425-6505 Console - Jotto - Ford PI Utility (2020+) Police Equipment 1 $ 442.50 $ 90.00 Console -Contour 425-6162 Console - Jotto - Police E ui nt Console - Contour 1 $ 298.75 $ 90.00 ' 7160-0524 ,me Console Armrest - Gamber Johnson - MCS External Break- I $ 240.00 $ 90.00 JAway Armrest 7160-0375 Console Armrest - Gamber Johnson - MCS Extended Panel 1 $ 108.75 $ 90.00 Armrest ' FARM -101 (Console Armrest - Havis - Top Mount Arm Rest 1 $ 90.00 $ 90.00 C ARM -102 Console Armrest - Havis - Side Mount Armrest 1 $ 77.50 $ 90.00 425-6260 Console Armrest - Jotto - Armrest - Upper Structure 1 $ 72.50 $ 90.00 425-0358 Console Armrest - Jotto - 3" Armrest - Faceplate Mount 1 $ 52.50 $ 90.00 3130-0361 / 7160 Console 3 Outlet - Gamber Johnson - DC Outlet Face Plate / 0063 3 Outlet 1 $ 116.25 $ 90.00 C -LP -3 Console 3 Outlet - Havis - 3 Outletower su I 1 $ 78.75 $ 90.00 425-2968 Console 3 Outlet - Jotto -12V Power Outlets in 2" Faceplate 1 _ _ $ 78.75 $ 90.00 ® 7160-0846 Console Cu holder - Gamber Johnson - 2 Cu holder 1 $ 65.00 $ 90.00 ® C-CUP2-I Console Cu holder -Havis - 2 Cu holder 1 $ 52.50 $ 90.00 r 425-3704 CcsoNe Cu holder - Jotto - 2 Cu Nolder IN ill 1 $ 58.75 $ 90.00 r r ®® r Troy LTS TROY PRODUCTS [CM-SDMT-SL-LED] side -mount computer 1 $ 661.25 $ 90.00 mount with easy one -handed operation. Includes Troy's unique slide -arm feature. Includes CM -LT -1600 Laptop Tra . TROY PRODUCTS [CM-UV20-SL-LED] non -intrusive passenger seat computer stand with easy one -handed Troy Premium LTS operation. Includes Troy's unique slide -arm feature. Does not 1 $ 767.05 $ 90.00 compromise passenger side foot space. Includes Laptop Tray CM -LT -1600. ® PED KIT - 2020 PI Laptop Stand -Gamber Johnson - 7160-1336,DS-LOWER- 1 $ 671.25 $ 90.00 9,7160-0178,7160-0230,7160-0928 PKG-PSM-1006 Laptop Stand - Havis - Standard Passenger Side Mount 1 $ 358.75 $ 90.00 Package PKG-PSM,3006 Laptop Stand - Havis - Premium Passenger Side Mount 1 $ 646.25 $ 90.00 Package 425-5010/4143 La to Stand - Jotto - HD A -MOD Laptop, Mount 1 $ 508.75 $ 90.00 7160-0250 Laptop, Cradle - Gamber Johnson - Universal, -Laptop tray 1 $ 308.75 $ 90.00 UT -1001 Laptop Cradle - Havis - Universal Laptop tray tll $ 271.25 $ 90.00 DUVAL FORD Page 275 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 EZ Rider K9 K9 - American Aluminum - EZ Rider K9 Platform 5 stem 12 $ 2,695.00 $ 90.00 EZ Rescue Door K9 - American Aluminum - EZ R.E.S.C.U.E. K9 Door Opening PoR__. stem 12 $ 2,243.75 $ 90.00 EZ Coolguard K9 - American Aluminum - EZ Coolguard Pager Add On Pa er Option 12 $ 545.00 $ 90.00 EZ Coolguard K9 - American Aluminum - EZ Coolguard Temperature Monitor Heat Alarm / Alert 12 $ 1,785.00 $ 90.00 Smooth e g and tig t gaps o preven injury, ca c an chew points. Front slider door exit with full door range of motion left to right and improved sliders to eliminate rattle Front bulkhead includes mounting provisions 4" circulation fans (use p/n: K9 -A-102, sold separately) Fits 2020+ Ford Police Interceptor Utility, including hybrid, Smooth powder coat finish is easy to clean, Fabricated from Heavy-duty aluminum for long-lasting durability Door panels with window guards included, with optional 10" emergency exhaust fan mounting on driver or passenger side (use p/n: K9 -A-104 option, sold separately) K9 kit window guards include a .281" x 1.75" obround slotted hole pattern to minimize the possibility of fingers accidently being put into the K9 compartment Havis K9 Integrated speaker cover in door panels reduces install time 12 $ 3,500.00 $ 90.00 and allow vehicle to be restored to oe functionality Includes one (1) interior LED dome light with white light for daytime use and red light for nighttime use Durable and .25" thick rubber mat lays flat and resists chewing Easy to install and includes all hardware Works with OEM rear cargo floor / spare tire cover or Havis C- TTP-INUT-1200, C-TTP-INUT-1201 and C-TTP-INUT-4 Specifications: SUV kit dimensions: 36" deep by 65" wide by 40" high Side entry openings are 24" wide x 37" high Front entry door opening 13.5" wide x 30.25" high Measurement from top of K9 floor to ground = 22.75" inches Rear cargo space behind K9 wall to rear door sill trim is 44" wide x 41" long at 14" high (less front to back length above w .. TROY PRODUCTS large window partition with sliding window, TP-ESL6-US-SS- crawl -through barrier and weapon recess panel, Includes 2 $S 1,042.13 $ 90.00 mounting kit & partition kick panels with big foot pockets for Interceptor Utilit . 475-0065,475-096 Prisoner Cage - Jotto - Partition w/sliding window, wire mesh, LEP recess panel 2 $ 1,075.00 $ 90.00 Cage - Pro-gard - Poly Center Slider Window with PFW4714UINT20 ,Prisoner Expanded Metal Insert/LEP 2 $ 945.00 $ 90.00 PRPSP4714UINT Prisoner Cage - Pro -pard - Poly Center Slider Window with Expanded Metal Insert/LEP/Rec.Pnl 2 $ 1,025.00 $ 90.00 PK01181TU20TM Prisoner Cage - Setina - #8VS 1/2 Uncoated Polycarbonate 2 $ 820.00 $ 90.00 1/2 Vin l Coated Expanded Metal PK03981TU20TM Prisoner Cage - Setina - #8VS Recessed Panel 1/2 Uncoated 2 $ 910.00 $ 90.00 Pol carbonate 1/2 Vinyl Coated Expanded Metal DUVAL FORD Page 276 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 PK06021TU20TM Prisoner Cage -Setina - #10VS C Recessed Panel Uncoated 2 $ 970.00 $ 90.00 Polycarbonate With Expanded Metal Window Securit Screen PK06011TU20TM Prisoner Cage - Setina - #10VS C Uncoated Polycarbonate 2 $ 875.00 $ 90.00 With Vin I Coated Ex anded Metal Window Securit Screen P100OUINT20AOS Single Prisoner Cage - Pro -pard - Partition,seat,door panels, 2 $ 2,355.00 $ 90.00 window bars,le ,rear banier,belts P1000UINT20A Single Prisoner Cage - Pro-gard - Partition,seat,door panels, 2 $ 2,160.00 $ 90.00 window bars le ,rearbamer 1 K05741TU20 _Single Prisoner Ca e - Setina -6-VS SPT - Stock seat 2 $ 1,110.00 $ 90.00 FE7502-NP Prisoner Seat - Laguna - Seat with Laguna Seat Belts (No I Is 1,090.00 $ 90.00 Rear Ca o Screen Included FE7502-RBNP Prisoner Seat -Laguna - Seat with Ready Buckle (No Rear 1 $ 1,195.00 $ 90.00 Caro Screen Included S4702UINT20 Prisoner Seat -Pro-pard -Standard Transport Seat w/ YT 2 $ 11270.00 $ 90.00 Poly. Window Car' o Barrier & Seat S4705UINT20 Prisoner Seat - Pro-gard - Standard Transport Seat w/ 7 Ga. 2 $ 1,270.00 $ 90.00 Steel Screen Window caEgo bar. QK06341TU20 Prisoner Seat - Setina - REP. Seat, wire barrier belts 2 $ 885.00 $ 90.00 • FP47UINT20 Floor Pan - Proand - Charcoal Grey ABS Floor Pan 1 $ 335.00 $ 90.00 QK0491 ITU20 Floor Pan - Setina - Floor Pan - TPO Plastic 1 t $ 340.00 $ 90.00- 475-0067 Cargo Barrier - Jotto - Side Curtain Airbag Compliant Cargo 2 $ 675.00 $ 90.00 Barrier- Wire 475-1337 Cargo Barrier - Jotto - Side Curtain Airbag Compliant Cargo 2 $ 710.00 $ 90.00 Barrier - U er Pol B4702UINT20 Cargo Barrier - Pro-gard -'/4' Poly, Cargo Barrier with Filler 2 $ 650.00 $ 90.00 Panel with sca B4705UINT20 Cargo Barrier - Pro-gard - 7 Gauge Steel Wire, Cargo Barrier 2 $ 650.00 $ 90.00 with Filler Panels with sca PK01231TU202ND Caro Barrier - Setina -12 VS Wire Mesh Rear Barrier 2 $ 645.00 $ 90.00 PK03161TU202ND Carpo Barrer - Setina -12 VS Poly Rear Barrier 2 $ 665.00 $ 90.00 475-0848 Window Bars - Jotto -Window Armor - Vertical 1 $ 445.00 $ 90.00 475-1486 Window Bars - Jotto - Window Armor - Secure Grid 1 $ 465.00 $ 90.00 WB47NPUINT20 Window Bars - Pro -pard - Pair, Steel Window Bars (for use with 1 395.00 $ 90.00 O.E.M. door panels onl L$:4-0-500 ,05141TU20 Window Bars - Setina - Window Armor - Vertical 1 $ 90.00 WK05141TU20H Window Bars - Setina - Window Armor - Horizontal 1 $ 405.00 $ 90.00 ®475-1251 Door Panels - Jotto - Ford PI Utility (2020+) OEM Door Control I $ 245.00 $ 90.00 Covers DKO 1001TU12 Door Panels - Setina - TPO Door Panels 1 $ 405.00 $ 90.00 D 0598!TU12 J..Door Panels - Setina -Aluminum Door Panels 1 $ 355.00 $ 90.00 PB47UINT20HD Push Bum er -Pro and - HD Push Bum er 3 $ 610.00 $ 90.00 BK0341 ITU20 Push Bumper- Setina - PB100Al2 12" Aluminum Push 3 $ 495.00 $ 90.00 Bumper BK03421TU20 Push Bumper -Setina - PB100A16 16" Aluminum Push 3 $ 505.00 $ 90.00 Bum er • BK03931TU - TBD Push Bumper- Setina - PB300 VS Aluminum Bumper Full 3 $ 600.00 $ 90.00 BK05341TU20 Push Bumper - Setina - PB400 VS Aluminum Bumper Full 3 $ 600.00 $ 90.00 ` 36-2125 Push BumLer -Westin - Push Bum er Elite 3 $ 530.00 $ 90.00 DUVAL FORD Page 277 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 278 of 849 GM-SGRF-K-K TROY PRODUCTS theft -deterrent dual weapon gun mount. 1 $ 265.00 $ 90.00 Includes two (2) butt plates, two (2) lock and two (2) handcuff st to locks with #2 key andpush-button override switch. 475-2052 Gun Lock - Jotto - Dual Wea on Partition Mounted 1 $ 780.00 $ 90.00 475-2053 Gun Lock - Jotto - Single WeaeIon, Partition Mounted 1 $ 600.00 $ 90.00 GVPMS-H Gun Lock - Pro -pard - Vertical Partition Mount Single Weapon t $ 580.00 $ 90.00 'Tri -Lock G/R w/Handcuff K GVMPD-H Gun Lock - Pro-gard - Vertical Partition Mount Dual Weapon 1 $ 580.00 $ 90.00 Tri -Lock G/R w/Handcuff Ke GK10342USSCA Gun Lock - Setina -Dual Weapon, Partition Mounted, $ 550.00 $ 90.00 Universal Gunlocks GK10271 UXLSSSI Gun Lock - Setina - Single Weapon, Partition Mounted, 1 $ 393.75 90.00 Universal Gun lock $ W, *E Setina Cargo Storage System TK0841 ITU20: STD Height, I ®� TK0841 without EZ lift. Top tier configuration with sliding drawer and 2 $ 1,739.00 $ 90.00 combo lock. Requires Setina 12vs or Freestand. EZ EZ Lift Ca o Deck 2 $ 990.00 $ 90.00 TROY PRODUCTS storage vault, 40'I`Lx12H". Includes CP-GB403212-TL- two (2) lockable draw -tight handles, carpet on top, foam on K floor, tilt -up cargo mount that allows access to spare tire, & tilt - 2 $ 1,451.00 $ 90.00 down electronics tray. -MS -UV -1 DWB- TROY PRODUCTS command post with tilt -up white board, KCP storage drawers and tilt -up cargo mount that allows access to 2 $ 3,705.00 $ 90.00 the scare tire. TROY PRODUCTS elevated storage vault, 48"Wx24"Lx8H'. CP-GB44248-T3- Includes two (2) lockable draw -tight handles, carpet on top, K foam on floor and slide -out electronics tray. Elevated design 2 $ 1,472.00 $ 90.00 allows access tos are tire. �►IN 12 11 Code3: Administrative Vehicle Package - Consist of Interior LED Dash Light, (2) LED Rear Deck Lights, 900 Series Head C3AVP Light Flasher, Code3 H2 Covert Siren or 3920 Series Siren 7 $ 1,242.50 $ 90.00 and Light Controller, C31000 Speaker with Bracket. 5 -Year Warrant SoundOff Signal Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight Flasher, Tail light SOAVP flasher; Four Comer Universal Undercover LED system; 7 $ 1,581.50 $ 90.00 Combination Light Controller/Siren (ETSA200RA-PA); Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. DUVAL FORD Page 278 of 849 SPEC 255 Interceptor Utility A D 3.31- Gas [BA] A20-VEL28.0 DUVAL FORD Page 279 of 849 elene Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights AVP (Minimum of 2); Headlight Flasher; Four Corner LED System; 7 $ 1,497.22 $ 90.00 Hand Held or 25SLSA6 One Piece Combination Light Controller/Siren; Speaker and Bracket — LED lights may be blue, red, amber or any combination - s )ecif ' color. Code3 Economic Lightbar Package 21 TR (Model 21 TR47A4) Manufactured in America, All LED Torus Modules, Flashing C3ELBP-LED Takedown and Alley LED lights, Code3 Mastercom Siren and 8 $ 1,895.26 $ 90.00 Light Controller, C3100U Speaker with Bracket. 5 Year Warranty'. SounclOff Signal Economy LED Lightbar Package - SoundOff Signal All LED 48" E G2000 Magnum LED Lightbar 10-16v (E G2000) w/ Take Downs & Alleys, Standard Split option available — Clear lenses with Amber, Blue, Red or White LEDs 3 LED inboards and 6 LED corners Bar can be ordered with any color in each module. -year warranty is included on E G2000. 6 led comer for warning and standard with LED takedowns and alleys (CONTAINS NO EMPTY HOLES OR SOELB — LED MISSING DIODES). 5 -year warranty Included on E G2000. 8 $ 1,859.79 $ 90.00 Package also includes a SoundOff 100 -watt 400 series siren Model number ETSA400csp) with integrated lighting ,(Siren controls and directional arrow switch to control optional full or split rear arrow, and 100®watt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS100D), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. Whelen Economic All LED Lightbar (Model Number F914G4), Fully loaded, 100% Solid State Electronics, manufactured in WELB LED America, with, (2) Flashing/ Takedown LED Lights, (2) $ 1,712.77 $ 90.00 Flashing/ Alley LED Lights, Mounting Kit, Epsilon Series Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Code3: Basic Unmarked Patrol Package - Consist of Interior LED Dash Light, (2) Grille LED Lights and (2) LED Rear Deck C3E0 P®LED Lights, 900 Series Headlight Flasher, Code3 H2 Covert Siren 9 $ 1,367.50 $ 90.00 and Light Controller, C3100U Speaker with Bracket. 5 Year arrant SoundOff Signal Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED �SOEUMP System (Minimum 2 Lights in Each Position); Headlight and tail' — LED light flashers; Four Comer Universal Undercover LED system; 9 $ 1,680.38 $ 90.00 ETSA461 HPP 100W handheld remote Combination Light Controller/Siren, Speaker and Bracket(s) - LED lights may be 11 blue, red, amber or any combination - specify color. DUVAL FORD Page 279 of 849 SPEC 255 Interceptor Utility A D 331- Cas 8A] F A2-VEL28.0 DUVAL FORD Page 280 of 849 eleno Basic All LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System ( inimum 2 Lights in Each Position) LED lights may be blue, WEUMP —LED red, amber or any combination — please specify color; 9 $ 1,563022 $ 90.00 Headlight Flasher; Epsilon one piece Combination Light Controller/Siren, Speaker and Bracket; Four Comer LED System, may be blue, red, amber, white or any combination — please specify color. (Code3 Medium Lightbar Package, 21 TR Plus (Model 21TR47MC) Manufactured in America Features Full Flood C3MLBP-LED Takedown Torus Multicolor Light heads with Torus comer � 8 $ 1,898.65 $ 90.00 modules, Flashing Takedown and Alley LED Lights, Directional Arrow. Code3 Xcel Siren and Light Control, C31000 S' Baker with bracket. 5 Year Warrant . Code3 Premium Tierl Package all LED Defender Lightbar C3PLBP-LED ( ode/ F47A2) Tdcore Modules, (2) LED Flashing/Takedown TIER1 Lights, (2) LED flashing/Alley Lights, Auto Diming Photo Cell, 8 $ 2,975.47 $ 90.00 Mounting Kit. Code3 Z3 Siren Light Controller, C310OU s eaer with bracket. 5 Year arranty. Code3 Premium Tier2 Package all LED Defender Multicolor Lightbar (Mode IDF47A2 MC), Tricore Modules, (2) LED CPLP-LED Flashing/Takedown Lights, capable of Front Flood Lighting, TIER2 (2) LED flashing/Alley Lights, Auto Diming Photo Cell, 8 $ 2,975.47 $ 90.00 Mounting Kit. Code3 Z3 Siren Light Controller, Banshee low frequency Siren, (2) C31000 Speakers with bracket. 5 Year Warranty. SoundOff Signa{ Medium LED Lightbar Package - SoundOff Signal All LED 48" E G2000 48" Magnum LECs Lightbar 10- 16v (E G2000) w/ Take Downs & Alleys, Standard Split option available — Clear lenses with Amber, Blue, Red or White LEDs - 6 LED inboards and 12 LED comers, Package also includes a SoundOff 100 -watt 400 series single tone '® SO LB — LED siren (Siren Model number ETSA481 CSP)) with integrated 9 $ 1,870.81 $ 90.00 lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speakerw/vehicle specific mounting bracket (Speaker Model ETSS100D), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-containing 16 Single Color LED modules CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. 5- SOPLB — LED 1 year warranty is included on ENFLB. Package also includes a 9 $ 2,133.79 $ 90.00 TIER SoundOff 100 -watt 400 series single tone siren (Siren Model number ETSA481 CSP) with integrated lighting controls and directional arrow switch to control rear arrow and 100 -watt SAE approved siren speakerw/vehicle specific mounting bracket (Speaker Model ETSS100N), please specify vehicle bracket needed. DUVAL FORD Page 280 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A] FSA20-VEL28.0 DUVAL FORD Page 281 of 849 SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-Silver containing 16 Dual Color LED modules with 240 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can be ordered with any 2 colors in each SOPLB — LED 2 module. 5 -year warranty is included on ENFLB. Package TIER also includes a SoundOff 1 00watt 400 series single tone 9 $ 2,428.29 $ 90.00 siren (Siren Model number ETSA481 CSP) with integrated lighting controls and directional arrow switch to control rear arrow and 100 -watt SAE approved siren speaker w/vehicle specific mounting bracket (P ) P (Speaker Model ETSS100N , lease specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. SoundOff Signal Premium LED Lightbar Package - SoundOff Signal All LED 48" ENFLB-Gold (Model ENFLB-GOLD) containing 16 Tri -Color LED modules with 336 LED's (CONTAINS NO EMPTY HOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. Bar can SOPLB LED 3 be ordered with any 3 colors in each module. 5-yearwarranty TIER is included on ENFLB. Package also includes a SoundOff 9 $ 3,119.69 $ 90.00 100 -watt 400 series dual tone siren (Siren Model number ETSA481 CSP) with integrated lighting controls and directional !arrow switch to control optional full or split rear arrow and 100- Iwatt SAE approved siren speaker w/vehicle specific mounting bracket (Speaker Model ETSS100N), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. Whelen Medium All LED Lightbar, (Model J8FSA1) Fully loaded 100% Solid State Electronics, Manufactured in WMLB — LED America. Includes, (2) Flashing/ Takedown LED Light (2) g $ 1,852.98 $ 90.00 Flashing/ Alley LED Lights, Mounting Kit, Epsilon Combination Siren/Switch Controller, SA315P Siren Speaker and Mounting Bracket, SA315P Siren Speaker and Mounting Bracket. Whelen Premium All LED LFL Liberty Lightbar (Model S8FSA1), Fully loaded, 100% Solid State Electronics, WPLB — LED 1 manufactured in America with 15 Led Modules, Two Wire TIER Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, 9 $ 2,131.64 $ 90.00 (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Whelen Premium All LED Dual Lightbar, (Model F8FSA1) Fully loaded, 100% Solid State Electronics, manufactured in WPLB — LED 2 America, includes a Two Wire Controlled Traffic Advisor, (2) 9 $ 2,505.83 $ 90.00 TIER LED Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mountin Bracket. DUVAL FORD Page 281 of 849 SPEC 255 Interceptor Utility AWD 3.3L Gas [K8A) FSA20-VEL28.0 Whelen Premium All LED TRIO Lightbar, (Model IG381 FSA) Fully loaded, 100% Solid State Electronics, manufactured in WPLB — LED 3 America, includes a Two Wire Controlled Traffic Advisor, (2) 23% OFF TIER LED Flashing/Takedown Lights, (2) LED Flashing/Alley Lights, 9 LIST $ 90.00 Mounting Kit, CenCom Sapphire Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Code 3: Consists of Supervisor Flex (Specify Sedan or SUV C3PUMP-LED Model) Passenger side only (3 Torus Multicolor light heads w/ TIER1 full flood takedown capability) Manufactured in America, Rear 9 $ 2,345.08 $ 90.00 Full Wingman Torus LED, Code 3 H2 Covert Siren and Light control, C3100U S eaker w/bracket. 5 Year Warrant . Code3: Deluxe Unmarked Patrol Package - Consist of Front Full Supervisor Flex (Specify Sedan or SUV model) (Multicolor C3PUMP-LED (Torus LEDs w/ full flood takedown capability) Manufactured in TIER2 America, Rear Full Wrigman Torus LED, Code3 H2 Covert 9 $ 3,201.52 $ 90.00 Siren and Light Control, C3100U Speaker with Bracket. 5 Year Warrant SoundOff Signal: Deluxe Unmarked Patrol Package - Consist of Front and Rear Full -Width Interior LED System with LED TAKEDOWN lights (ENFWBF(XXXX) for front, ENFWBRF(XXX) for rear); Headlight and Taillight Flashers; SOPUMP — LED Four Comer LED Universal Undercover (ELUC2S010x); 9 $ 2,340.20 $ 90.00 Package also includes a SoundOff 100 -watt Handheld siren (Siren Model number ETSA461 HPP) with integrated lighting controls and directional arrow switch to control optional rear arrow; Speaker and Bracket (ETSS100N) - LED lights may be blue, red, amber or any combination - specify color. ',Whelen: Deluxe Unmarked Patrol Package- Consist of Front and Rear Full -Width Interior LED System (Eight 3 -LED Module) with LED Takedown Lights; Headlight Flasher, Four Comer "k PUMP — LED LED System, Hand Held or one-piece Combination Light 9 $ 2,280.53 $ 90.00 Controller/Siren; Speaker and Bracket - LED lights may be blue, red, amber or any combination — specify color. Also, available with eight 6 -LED Lamps for the Front Interior LiG htbar. SoundOff Signal- ENFWBF Single 'Color full Featured Interior Lightbar Eight 6 -LED modules. with optional Two 6 -LED ENFWBF-SINGLE Flashing Take -Downs Meets SAE specifications. Easy 3 $ 672.00 $ 90.00 Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. SoundOff Signal — ENFWBF DUO Color full Featured Interior Lightbar Eight 6 -LED modules. with optional Two 6 -LED ENFWBF-DUO Flashing Take -Downs Meets SAE specifications. Easy 3 $ 779.00 $ 90.00 Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. SoundOff Si nl —Haeadli ht flashers, solid state 1 $ 163.00 $ 90.00 ENT263x Soundoff Si nal - Intersector LED undermirror Li-iht 3 $ 300.41 $ 90.00 ENT263x Soundoff Si nal - Intersector DUO LED undermimor Li ht 3 $ 317.70 $ 90.00 r SoundOff Si nal —Tail lig ht flashers 1 $ 230.00 $ 90.00 DUVAL FORD Page 282 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 • ETSA481 CSR SoundOff Si nal ETSA481 CSR - deluxe siren 2 $ 408.35 $ 90.00 SoundOff Signal ETSA482CSR- 200 watt dual tone Console ® ETSA482CSR Mount siren with lighting and arrow controls, Rotary knob 2 $ 548.35 $ 90.00 SoundOff Signal ETSA482RSP- 200 watt dual tone remote fETSA482RSx siren with lighting and arrow controls, Push button or Rotary 2 $ 548.35 $ 90.00 knob Soundoff Signal Comer LED Kits - Universal undercover LED ELUC2S010x kit, consists of 4 comer LEDs, choice of colors, red, white, 3 $ 382.76 $ 90.00 blue, amber or any split color combination. Please specify colors. Included with inline flasher, 10' of cable • ETSS100J Speaker 100watt 1 169.00 $ 90.00 EMPSCG1 SMS1X 3" mPower Single color 1 $ 117.50 $ 90.00 ENFDWS3X nForce Dual Windshield, Dual Shroud and Dual Color 1 $ 255.75 $ 90.00 EMPS1 SLE3X 3" mPower Sin le color 1 j $ 117.50 $ 90.00 ETSKLF200 LF Aftershock Siren Sysstem, (2) 100 Watt Speakers , (1) 200 3 $ 670.00 $ 90.00 Watt am `lifier and Universal Brackets ENFSWS3,X nForce Single Windshield, Single Shroud Dual Color 1 $ 164.31 $ 90.00 ELB42BCLOAC 4200 Series LED Beacon, 10-30v, SAE J845 Class 1 - 2 $ 201.16 $ 90.00 Flat/Pipe Mount, 4"Clear Dome/ Amber LEDs ® ETBASS2000 reVerb Back -Up Alarm, SAE J994 Tyle C Certified, 12/24v 1 $ 86.37 $ 90.00 nFORCE® 6 module Exterior Traffic Controller w/ Mounting E;NFTCDXS1206 Bracket, 12 LEDs - Dual Color combination in Amber, Blue, 2 $ 606.00 $ 90.00 Red, White OTHER SOUNDOFF OPTIONS AVAILABLE - CONTACT REP 1111 a ii 11 ME LP3 X BROOKING 3 LED LOW PROFILE SURFACE MOUNT 1 $ 96.00 $ 90.00 LP6 X BROOKING 6 LED LOW PROFILE SURFACE MOUNT 1 $ 113.00_ $ 90.00 LP26 X BROOKING 12 LED LOW PROFILE SURFACE MOUNT 1 $ 123.00 $ 90.00 ST6 X BROOKING 6 LED THIN SURFACE MOUNT 1 $ 127.00 $ 90.00 PAL06-XX BROOKING PAIR - DUAL MODE - SINGLE OR SPLIT COLOR 1 $ 159.00 $ 90.00 H'ZNS6-XX BROOKING HORIZON 6 LED MODULE BAR/BRACKET 2 $ 391.00 $ 90.00 ® L05 XXXX BROOKING MICRO BAR EX 2$ 336.00 $ 90.00 BR-LEDBH BROOKING 8 LED BEACON 2 $ 184.00 $ 90.00 B14-XXXX BROOKING 10 LED BEACON 2 $ 218.00 $ 90.00._, •1319-XXXX BROOKING 36 LED BEACON 6 $ 297.00 $ 90.00 FIT49-XX BROOKING 49" FIT LEGION LIGHT BAR 6 $ 755.00 $ 90.00 FIT54 XX BROOKING 54" FIT LEGION LIGHT BAR 6 $ 805.00 $ 90.00 FVL6 XXXX BROOKING SINGLE COLOR ECLIPSE INTERIOR BAR 6 $ 605.00 $ 90.00 EVL12 XXXX BROOKING DUAL COLOR ECLIPSE BAR INTERIOR BAR 6 $ 855.00 $ 90.00 LSBD ***** BROOKING TEMPEST 48" OR 54 FULL DUO 6 $ 1,515.00 $ 90.00 TORRENT BAR BROOKING TORRENT 49" OR 54" FULL DUO 6 $ 1,515.00 $ 90.00 OTHER BROOKING OPTIONS AVAILABLE -CONTACT REP IN • • ®- • MR6-X CODE 3 6LED UNIV. MNT.- SINGLE COLOR1 $ 123.00 $ 90.00 • UL -X CODE 3 6 LED, THIN SURFACE MNT 1 $ 117.00 Fs 90.00 DUVAL FORD Page 283 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 MICROPAK CODE 3 HIDE A BLAST,6LED ULTRA SLIM,FM 1 $ 112.00 $ 90.00 MICROPAK-DC CODE 3 HIDE A BLAST,6LED,LP,SM SPLIT COLOR 1 $ 124.00 $ 90.00 CD3766**-VDL CODE 3 VISOR/DECK LIGHT W/CHASE 1 $ 177.00 $ 90.00 C3RNRDC-60R CODE 3 60" OUTLINER - BRACKET INCLUDED - PAIR 3 $ 655.00 $ 90.00 3E991-5 CGDE 3 H2 COVERT SIREN 1 2 1 $ 429.001 $l 90.00 C39000 ICODE 3 SLIM 100 WATT SPEAKERIBRACKET 1 $ 203.00 $ 90.00 OTHER COPE 3 OPTIONS AVAlLAOLE -CONTACT REP $ AVC11 WHELEN :SINGLE AVENGER II SOLO 1 $ 164.00, AVC21 WHELEN DUAL AVENGER II SOLO 1 $ 240.00 $ 90.00 UHF2150A WHELEN HEADLIGHT FLASHER 1 $ 94.00 $ 90.00 PS*01 FCR WHELEN STRIP LIGHT PLUS - SOLO 1 $ 123.08 $ 90.00 ISS*02FCR WHELEN STRIP LIGHT PLUS - DUO 1 $ 140.68 $ 90.00 HHS3200 WHELEN SIREN AMP W/ HAND-HELD CONTROL 2 $ 429.00 $ 90.00 HHS4200 WHELEN SIREN AMP W/ HAND-HELD CONTROL- WECAN 2 $ 479.50 $ 90.00 295SLSA6 WHELEN 295SLSA6 SIREN/CONTROL CENTER 2 $ 429.00 $ 90.00 HOWLER WHELEN LOW FREQUENCY TONE SIREN SYS./BRACKET 2 $ 529.60 $ 90.00 SA315P WHELEN 100 WATT SPEAKER/ BRACKET 1 $ 203.00 $ 90.00 TCRHS5 WHELEN 60" TRACER -SOLO - PAIR - BRACKET INCLUDED 3 $ 890.72 $ 90.00 TCRHD5 WHELEN 60" TRACER - DUO - PAIR - BRACKET INCLUDED 3 $ 1,095.00 $ 90.00 PCC6W WHELEN PCC6W CONTROL CENTER 1 $ 140.00 $ 90.00 MC16PA WHELEN 16" MINI CENTURY -AMBER 2 $ 318.00 $ 90.00 IC16PF WHELEN 16" MINI CENTURY-AMBER/WHITE 2 1 $ 347.05 $ 90.00 WBUA97 WHELEN 97DB BACK UP ALARM 1 $ 84.00 $ 90.00 VTX609* WHELEN VERTEX LIGHT - 6 LED - PAIR 2 $ 209.50 $ 90.00 L10HAP WHELEN L10 BEACON 2 $ 245.00 $ 90.00 fCRNS* WHELEN MICRON 1 ` $ 139.00 $ 90.00 MCRNT* WHELEN STUD MOUNT MICRON 1 $ 139.00 $ 90.00 TLI* WHELEN THIN ION 1 $ 146.00 $ 90.00 ARGES 1 1WHELEN 5* Spotlight with Proclera® Silicone O tic .- $ 535.00 $ 90.00 ARGES 2 (WHELEN ProFocusTm, Select from Spot/Flood Combination ­3_ 3 $ 590.00 $ 90.00 L' ht ARGES MOUNT WHELEN ARGES MOUNT - VEHICLE SPECIFIC 0 $ 60.00 $ 90.00 A1RGCH1 WHELEN ARGES BAIL MT CONTROL HEAD 1 $ 233.00 $ 90.00 ARCHG2 WHELEN Control Head for Ar es®, Swivel Mount 1 $ 233.00 $ 90.00 TRANSIT LT POD Seven Light rear roof mouned Lighting assembly (specify 4 $ 1,295.00 $ 90.00 color TRANSIT RR LT Seven Light REAR roof mouned Lighting assembly (specify POD conlor 4 $ 1,295.00 $ 90.00 CB575 Extended Service Plan Base Care, Zero Deductible. Five Year, 75000 Mile. 0 $ 1,770.00 $ 1,770.00 Call Dealer for elan s ecifics and optional Terms. Price Guide Jan 2021 CB5100 Extended Service Plan Base Care, Zero Deductible. Five Year, 100000 Mile. 0 $ 2,325.00 $ 2,325.00 Call Dealer for lan s ecifics and o tional Terms. Price Guide Jan 2021 CE575 Extended Service Plan Extra Care, Zero Deductible. Five Year, 75000 Mile. 0 $ 1,960.00 $ 1,960.00 Call Dealer for plan specifics and optional Terms. Price Guide Jan 2021 DUVAL FORD Page 284 of 849 SPEC 255 Interceptor Utility AWD 3.31- Gas [K8A] FSA20-VEL28.0 CE5100 Extended Service Plan Extra Care, Zero Deductible. Five Year, 100000 Mile. 0 $ 2,715.00 $ 2,715.00 Call Dealer for plan s ecifics and optional Terms. Price Guide Jan 2021 Extended Service Plan Premium Care, Zero Deductible. Five Year, 75000 CP575 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $ 2,625.00 $ 2,625.00 2021 Extended Service Plan Premium Care, Zero Deductible. Five Year, 100000 CP5100 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $ 3,520.00 $ 3,520.00 2021 ® .� OutofZone purchase and Delivery. Does not include unique shipping OZN circumstances when final product demands shipping outside the state of $ 446.00 Florida. Note: Emmissions codes for specific region. Tag and Title processing and handling fee. Tags are processed at the local TTO tag office and physically picked up for client and affixed to vehicle prior to $ 48.00 deliver. Cost includes electronic administrative fee, manual processing courier, and Fedex related ex ense. TMP 30 Da Florida Temporary Tag. Re quiresTTO Ta '/ritle tion $ 7.00 Transfer Tag Charge: (Florida only) Please send scan of agency TX registration with tag ID clearly indicated. Requires (TTO) Tag/Title Option, $ 90.00 includes TMP TAG New Tag Charge (Florida Requires (TTO) Tag/Title option. Specify $ 125.00 City,State or Sheriffs Ta . Includes TMP DUVAL FORD Page 285 of 849 OF BOYNTON BEACH DARTY CITY OF BOYNTON BEACH Laura Torben (Work) 904~388-2144 (Fax) 904-387-8816 (Cell) 904-568-6027 La ura.Torbett @ duvalfl eet. com f1AsalnpnaalpteyourArQarertaradbheappahe yeoqugte PAWWperFLORlOAShS?IFFSASWC/AT/OMUIGKTVMCLECONM4CTF6i42V- ME W 0A%avy EqurjenmW and rnmka FSA20LVEM 1&0. lfyea hwve arty quels6t m rogardAV ftb qua* plow* cmV Noft V*At* wffbe ordered wtWa adurkr unlow epeckW on purohwe ander. S *phg and Jnvo ibft kmbwftm aro mqukv don &V&P y pre hme order. ,TILT TRIM ',3L ECOBOOST ENGINE AUTOMATIC TRANMISSION MACK UP CAMERA POWER WINDOWS/ LOCKS EXTERIOR: AGATE BLACK INTERIOR: EBONY CLOTH CARPET FLOORING ORD CO PILOT 360 ARGO MG MT SYSTEM AYTIME RUNNING LIGHTS EMOTE KEY LEATHER TECH LASER CUT FLOOR MATS- 4 PIECE ITY TAG AND TITLE AG HANDLING FEE TOTAL' iT1Ft, ;,,, „, TC�(d:L:#LfRC,l�C4" ,, 4,2SRud7 s KBD BOYNTON BEACH LT.xlsx Page 286 of 849 10129121, 2:21 PM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 339, Ford, Explorer XLT AWD, K8D Zone Rank Vendor Price Percent: Build File Options File Western Primary BOZARD FORD $31,994.00 0.00% Build Options Alternate Duval Ford LLC $32,174.00 0.00% Build Options Alternate Garber Ford Inc $32,844.00 0.00% Build Options Northern Primary BOZARD FORD $31,994.00 0.00% Build Options Alternate Duval Ford LLC $32,119.00 0.00% Build Options Alternate Garber Ford Inc $32,635.00 0.00% Build Options Central Primary Duval Ford LLC $32,174.00 0.00% Build Options Alternate BOZARD FORD $32,184.00 0.00% Build Options Alternate Garber Ford Inc $32,740.00 0.00% Build Options Southern Primary BOZARD FORD $32,352.00 0.00% Build Options Alternate Duval Ford LLC $32,442.00 0.00% Build Options Alternate Garber Ford Inc $32,844.00 0.00% Build Options Page 287 of 849 https:/Iwww.myvendorlink.comlcommonlawardreportzonenooptionsitem.aspx?sid=96704&in=339 111 SPEC 339 Explorer XLT AWD [K8D] FSA20-VEL28.0 339 KSD 339 K8D 339 K8D 339 K8D K81) 99H 202a ZONE RN ZONE LZONE RN ZONE Explorer 4WD S • 2.3L EcoBoost®1-4 Engine with Auto Start -Stop Technology S • 10 -Speed Autor7iwk TirannsrTrJ,�&qo B S Included in Equipment Group 13-Wa Power Passenger Seats Acoustic -Laminate Windows - Front -Row Side ActiveXTM' Seating Material ....... Heated Steering Wheel LED Fog Lamps with Skid Plate Elements, Front — Silver - Painted Par ote Sl,a rl System IXLT Sport Appearance Package 20" Carbonized Gray -Painted 10 -Spoke Wheels (P255155R20 All -Season (AIS) BSW Tires) Carbonized Gray -Painted: Grille Bars and Mesh Insert Liftgate Applique - Lower Bodyside Cladding Insert - Skid Plate Elements • Exhaust Tips, Dual - Chrome • "EXPLORER" Badge on Hood, Carbonized Gray • "EXPLORER" Unique Branded Front Floor Mats - Instrument Panel Appliques — Stretch Diamond • Light Slate: - Seats with Medium Slate Contrast Stitching - All Rows - Unique Door -Trim Panel Insert with Contrast Stitching Note: Self -Sealing P255155R20 All -Season (AIS) Tires (TFS) are optional. See feature availability below. Note: Not available with 20" Premium Painted Aluminum Wheels (649) or Floor Liners, Front and Second Rows (without Carpet Floor Mats) (16A) DUVALFORD $ 32,174.00 j' 2022 MY $ 32,119.00 2022 MY $ 32,174.00 2022 MY $ 32 442.00 2022 MY 5;9.00 I! 3,540.00 0 1 $ 1,594.00 II $ 1,595.00 Page 288 of 849 SPEC 339 Explorer XLT AWD [K8D] FSA20-VEL28.0 DUVAL FORD Page 289 of 849 Ford Co-Pilot360Tm Assist+l • Intelligent Adaptive Cruise Control with Stop -and -Go —Lane Centering —Speed Sign Recognition 655 • Evasive Steering Assist 0 $ 794.00 $ 795.00 • Voice -Activated Touchscreen Navigation System with Pinch - to -Zoom Capability, SiriusXM Traffic and Travel Link®2 Note: SiriusXM Traffic and Travel Link® includes a five (5) - year prepaid subscription. SiriusXM Traffic and Travel Link® service is not available in Alaska or Hawaii. Complete Trailer Tow Package: Class II/IV Trailer hardware to 534 include draw bar, 2" ball, pin and clip. Six way trailer plug 0 0 $ 844.00 $ 845.00 custom installed when specified on purchase order. 52T Class I II Trailer Tow Package -m.,,-.... -....� 0 0 $ 544.00 $ 545.00 • Cargo Area Management System 2'1 F — Cargo Net — Cargo Well Rubber Mat 0 0 $ 164.00 $ 165.00 — Reversible Load Floor 20" Premium Painted Aluminum Wheels ® ,64,9 Note: P255155R20 All -Season (AIS) BSW Tires 0 $ 1,294.00 $ 1,295.00 Note: Not available with XLT Sport Appearance Package (681' ) ® „fFS Self -Sealing P255155R20 All -Season (AIS) Tires Note: 0 $ 194.00 $ 195.00 Requires XLT Sport Appearance Package (68M) i 39. Twin Panel Moonroof -.. �...... 0 $ 1,694.00 $ 1,695 00 17U Seats — Second Row 35/30/35 Bench with E -Z Entry3 and 0 0 1 $ 494.00 j�......mm.w $ Armrest 495.00 6,B Infinite Blue Metallic Tinted Clearcoat ErE 0 $ 394.00 $ 395.00 D4 Rapid Red Metallic Tinted Clearcoat 0 0 $ 394.00 $ 395.00 AZ Star White Metallic Tri -Coat 0 0 $ 594.00 $ 595.00 Floor Liners, Front and Second Rows (with Carpet Floor Mats) 16B Note: Includes standard Floor Mats— Black Carpet, Front and 0 0 $ 199.00 $ 200.00 Second Rows Floor Liners, Front and Second Rows (without Carpet Floor Mats) 16A Note: Deletes standard Floor Mats — Black Carpet, Front and 0 0 $ 159.00 Second Rows $ 160.00 Note: Not available with XLT Sport Appearance Package (58f) 4 tH �...... —....- -...—.mm....n.,-... Engine Block Heater 0 0 $ 89.00 $ 90.00 153 ........ ............ Front License Plate Bracket — 0 ........... 0 $ - $ Daytime Running Lamps (DRL ) (Non -Configurable) 942 Note: Replaces the standard Configurable Daytime Running 0 0 $ 44.00 $ 45.00 Lamps (DRL) ` 50 Dual-Headrest Rear Seat Entertainment System ........ 0 s 1,994.00 $ 1,995.00 DUVAL FORD Page 289 of 849 SPEC 339 Explorer XLT AWD [K8D] FSA20-VEL28.0 DUVAL FORD Page 290 of 849 MMM10000MMM NONE== 1 KE 'integrated Remote Key O O �$ 379.00 NA PIKE Pats programmed key without Remote O 0 $ 179.00 NA ® Vent Shades- 94785 O 0 $ 175.00 NA PINTLE BC 12,000 pound Pintle Ball Kit (specify 2" or 2 5116" 0 0 $ 379.00 NA ball) Window Tint On Front 2 Windows Including ® TINT 1 Windshield Strip 0 0 $ 265.00 NA TINT 2 Tint All Windows 4 Door Including Windshield Strip O 0 $ 385.00 NA TINT 3 Limo Tint 4 Doors Including Windshield Strip 0 0 $ 465.00 NA DECAL 1 Graphics- Basic Fleet Package 0 0 Call For NA Price DECAL 2 Graphics- Customized Package With Unit numbers 0 O Call For NA Price 3RD BRAKE LIGHT SAFETY PULSE (Pulses 3rd 36K brake light (4) times upon application of brake O O $ 279.00 NA pedal to increase driver awareness behind you when stopping) Nitrogen Filled Tires In Lieu Of Std. Factory Fill. NITRO Fuel Economy Saver Due To Tire Pressure O O $ 245.00 NA Consistency, On Ground LIUA 'Backup Alarm 0 O $ 130.00 NA d rCoat Under Coating g 0 O $ 650.00 NA ® !2 TONE RD Two Tone Paint Scheme, Roof and Doors 0 O $ 1,896.00 NA TONE D Two Tone Paint Scheme,, Doors Onl O, O $ 1,496.00 N THMS500- 500 Watt Inverter with Dash Switch- includes Or0l,$ i 396A0 FPI( TH0002 ttilA TH750S 750 Watt Inverter with Dash Switch- includes 0 0 $ 596.00 NA TH0002 r TH1000 1000 Watt Inverter with Dash Switch- includes O O $ 642.00 NA TH0002 TH1500 1500 Watt Inverter with Dash Switch- includes 0 O $ 750.00 NA TH0002 1"H2O00 2000 Watt Inverter with Dash Switch 00 796.00 NA T"13000 3000 Watt Inverter with Dash Switch O O $ 966.00. NA Dimensions 1200 watt Pure Sine Wave 0 0 $ 1,495.00 NA 12/1200N DSI_ REMOTE Remote control for Dimensions 0 0 $ 145.00 NA "f 2P W eather Tech Laser Cut Floor Liners - 2 Piece O 0 $ 175.00 NA WT 4P W --......... eather Tech Laser Cut Floor Liners -4 Piece O O $ 240.00 NA TAT ..-w Weather Tech Laser Cut Ca o Liner- 0 O $ 196.00 NA P- USB I hone --- HD Charge Wire for (phone-USBIPHONE O 0 m . $ _1 35.00 NA • IN,J,SB Android mm HD Charge Wire for Android-USBANDROiD - .......w. O ' O $ 35.00 NA Safety Kit Incl; First Aid Kit, Triangle Kit & Fire SAFET Extinguisher (Specify mounting location) -6430, O 0 $ 276.00 NA PET449, 6500T DUVAL FORD Page 290 of 849 SPEC 339 Explorer XLT AWD [K8D] FSA20-VEL28.0 DUVAL FORD Page 291 of 849 First Aid, Fire Extinguisher (specify mounting SAFET2 location) and Road LED Kit- 6430, B500T, 1160- O O $ 536.00 NA 4PACK wK RKE Programmed integrated Key Transmitter Fob O O $ 350.00 NA • 3K PATS ----m Programmed Key with Pats Technolo y, Fleet Ked . 0 O $ 225.00 NA ® NS ---- Red white dome light mounted between visors for 0 O $ 186.00 NA night vision. Also available in cargo area For Additional Equipment & Lighting, see Lighting ®� Section Document. Discount applied to MSRP SAFET Safety KitIncl; First Aid , Triangle Kit & Fire O O $ 276.00 NA Extinguisher (Ships loose) SAFET2 First Aid, Fire Extinguisher (ships loose) and Road O 0 $ 536.00 NA LED Kit ' LEDSPOT LED Pillar Mounted Spotlight- 325PL-0002, 189, 0 O $ 895.00 NA GOAL, ITE LED Permanent Mount Go -Light brand spot light 0 - O $ 725.00 NA 20074GT 3RD Brake Light Safety Pulse (Pulses 3rd brake SBL light 4 times upon application of brake pedal to O O $ 279.00 NA increase driver awareness behind you when stopping) 4 Corner Flashing System (2 Surface Mounted In LED PKG 1 Grille, 2 In Tail Lights) (Specify color at time of 0 O $ 675.00 NA order) MCRNS*, MCRNBI, VTX609* LED PKG 2Am -i�...... 16 Mini Whelen Led CenturyLight Bar - ber O O $ 495.00 NA light with Amber Lens- MC1 PA LED PKG 3 16" Mini Whelen Led Century Light Bar - Amber 0 0 $ 550.00 NA light with Clear- MCI6PCA LED PKG 4 16" Mini Whelen Led Century Light Bar - O 0 $ 550.00 NA Amber/white lights with Clear Lens- MC16PF LED PKG 5 23" Mini Whelen Led Century Light Bar - Amber O O $ 695.00 NA .., �....-. light with Amber Lens- MC23PA �,....� LED PKG 6 23" Mini Whelen Led Century Light Bar- Amber 0 0 .... $ 695.00 NA light with Clear- MC23PCA --.. ® ' LED PKG 7 - 23" Mini Whelen Led Century Light Bar - 0 0 - ............ $ 695.00 „ NA Amber/white lights with Clear Lens- MC23PF 54" Fully Populated Whelen Justice Light Bar, 6- ' LED PKG 8 Switch Controller & 4 Corner Flashing System With , O O $ 3,002.00 NA Mounting Hardware (Specify color at time of order) JV2****, PCC6W, MCRNS*, MCRNBI, VTX609* 54" Fully Populated Liberty II Light Bar, 6 -Switch :i LED PKG 9 Controller & 4 Corner Flashing System With 0 0 $ 3,022.00 NA Mounting Hardware (Specify color at time of order) IW2****, PCC6W, MCRNS*, MCRNBI, VTX609* Interior Flashing System: (2) SOLO Avengers In Headliner, (2) SOLO Avengers In Rear Deck, 4 LED PKG 10 "Corner Flashing System with Single Mounted 0 O $ 1,754.00 NA Controller (Specify color at time of order) AVC11 *, MCRNS*, MCRNBI*, VTX609*, DUVAL FORD Page 291 of 849 SPEC 339 Explorer XLTAWD [K8D] FSA20-VEL28.0 DUVAL FORD Page 292 of 849 Premium Interior Full Width Flashing System Front y ® I. ED PKG 11 ,and Rear With Directional Functions, 2 -Hideaway O O $ 3,400.00 NA Grille Lights, 2- Flashing Tail Lights, Siren/ Controller, Speaker and Mounting Brackets 54" Fully Populated Whelan Justice Light Bar, ® ' LED PKG 12 Siren/ Controller, Speaker & 4 Corner Flashing O O $ 2,863.00 NA System With Mounting Hardware- JV2****, SA315P, MCRNS*, VTX609* 54" Fully Populated Whelen Liberty II Light Bar, ® LED PKG 13 Siren/ Controller, Speaker & 4 Corner Flashing O O $ 3,350.00 NA System With Mounting Hardware- IW2****, SA315P, MCRNS*, VTX609* • .. Extended Service Plan Base Care, Zero Deductible. Five Year, DB575 75000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 $ 1,890.00 $ 1,890.00 Price Guide Jan 2021 Extended Service Plan Base Care, Zero Deductible. Five Year, DB5100 100000 Mile. Call Dealer for plan specifics and optional 0 0 $ 2,520.00 $ 2,520.00 Terms. Price Guide Jan 2021 Extended Service Plan Extra Care Zero Deductible. F.-........... ive DE575 Year, 75000 Mile. Call Dealer for plan specifics and optional 0 0 $ 2,120.00 $ 2,120.00 Terms. Price Guide Jan 2021 Extended Service Plan Extra Care, Zero Deductible. Five DE5100 Year,100000 Mile. Call Dealer for plan specifics and optional 0 0 $ 2,950.00 $ 2,950.00 Terms. Price Guide Jan 2029 Extended Service Plan Premium Care, Zero Deductible. Five ' a IP575 Year, 75000 Mile. Call Dealer for plan specifics and optional 0 0 $ 2,850.00 $ 2,850.00 Terms. Price Guide Jan 2021 - Extended OP5100 Year, l 100000 Mile, Call Dealer for plan peciifi s and optional 0 0 $ 3,655.00 $ 3,655.00 Terms. Price Guide Jan 2021 Out of Zone purchase and Delivery. Does not include unique 0ZN shipping circumstances when final product demands shipping 0 0 $ 446.00 $ 446.00 outside the state of Florida. Note: Emmissions codes for specific region. Tag and Title processing and handling fee. Tags are processed at the local tag office and physically picked up for TTO client and affixed to vehicle prior to deliver. Cost includes 0 0 $ 48.00 $ 48.00 electronic administrative fee, manual processing courier, and Fedex related expense. TMP 30 Day Florida Temporary Tag. Requires (TTO) Tag/Title 0 0 $ 7.00 $ 7,00 Option Transfer Tag Charge: (Florida only) Please send scan of • TX agency registration with tag ID clearly indicated. Requires 0 0 $ 90.00 $ 90.00 (TTO) Tag/Title Option, includes (TMP) TAG New Tag Charge (Florida only) Requires (TTO) Tag/Title 0 0 $ 125.00 $ 125.00 option, Specify City, State, or Sheriffs Tag. Includes (TMP) DUVAL FORD Page 292 of 849 10/21/21, 9:57 AM The Florida Sheriffs Association X IIS 011 IIIIH11 2021 EXECS IIII Illli°w � I� � � rnhirrwIl- i Akin 1'1u Illi llllf I. (https://www.facebook.com/floridasheriffsassociation/) (https://twitter.com/FLSheriffs) (https://www.fisheriffs.org/) 11come e a Mem beiiii"' (https://membership.fisheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.fisheriffs.org/Membership-LP.html#Choose) PURCHASING << Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20- EH18.0 HEAVY TRUCKS Contract Term: October 1, 2020 - September 30, 2022 EA KA https:/Iwww.fisheriffs.org/law-enforcement-programs/purchasing/fsa2Ovehl8ht Page 293 of 84,p 10/21/21, 9:57 AM The Florida Sheriffs Association F7111111ll'l�w ,3121 EXEC � � � 1 1 �77,, I V � '°„i � 1, � I� � x °'1tln lrAgn ie state o onida)�et1ig�i�le gencles trom other states nave used the contracts it their governing purchases ordinance allows. For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 70,580 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial https://www.flsheriffs.org/law-enforcement-programs/purchasing/fsa20vehl8ht Page 294 of 8ffl CITY OF BOYNTON BEACH CITY OF BOYNTON BEACH DWalFleetsales BILL DARTY Laura TOrbett r.„, , , ,,, (Work) 904-388-2144 (Fax) 904-387-6816 (Cell) 904-568-6027 Laura.Torbett, duvalfleet.corn ,:W WalemrsidelirJax, F1322 10 N4et4ppAtei ayowAiterwtendUfeoppahn*fogaot&PntdhgparfLOR/DASNER/fFSASSOC/AT/ONLIt4NTMWICLECONTRACTF&420- M 2SOMe&w Egrejpmentend TnAdo FSA2OLVAN 1S.Q lfyouhays any quesdtane roSa►dAq LIIIa gonia please a&t! Noft tralAhb wAPbe oAA*W I:ahl sex rtaruinrreesspeclh�doi►+pml se cedar SJIIJnpAVeadlevoAoftAwbrmdbinsereregt~onegenaypiecedar. I!” 1 INCL DOif2 WV --, VENDOR COMMENTS TRIM !L V8 GAS ENGINE SPEED AUTOMATIC TRANSMISSION CAB TO AXLE 10 LIMITED SLIP DIFFERENTIAL iWER WINDOWS/ DOOR LOCKS EXTERIOR: OXFORD WHITE NTERIOR: GRAY VINYL -40/20/40 /INYL FLOOR 14000// GVWR PACKAGE 'ATS KEY ELECTRIC BRAKE CONTROLLER 'RAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2" FIXED PINTLE BALL COMBO AANUAL TRAILER TOW MIRRORS SACK UP ALARM SACK UP CAMERA CUNNING BOARDS mYTIME RUNNING LIGHTS :ITY TAG AND TITLE 7AG HANDLING FEE VHELEN 54" LIBERTY 11 LIGHTBAR, WITH TRAFFIC ADVISOR-(AAW/A/W) AMBER/ WHITE SPLIT i SWITCH CONTROLLER 2) WHELEN ION THINS FOR GRILLE- WHITE 2) VERTEX FOR TAIL LIGHT HOUSING- WHITE I' KNAPHEIDE CONTRACTOR'S DUMP 4" SIDES IULKHEAD WITH LIGHTBAR PROVISION :LEAR ROUND LENSE FOR FLASHERS ELECTRIC TARP THIP THROUGH TO BODY MANUFACTURER, INCLUDE CERTIFIED SECOND STAGE MSO NSTALL FACTORY BACK UP CAMERA dotal Contract labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies: 125.00 48.00 F3G AAA FSA TEMPLATE LT.xlsx Page 295 of 849 10/21/21, 9:59 AM Bid Award Award Report Contract: FSA20-VEH18.0, Heavy Trucks Group: CAB AND CHASSIS TRUCKS: 1 Ton Cab & Chassis (DRW) 4X2 Zone Rank Vendor Western Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami Alternate Duval Ford LLC Southern Primary BOZARD FORD Northern Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami Alternate Duval Ford LLC BOZARD FORD Central Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami Alternate Duval Ford LLC $24,578.00 BOZARD FORD Southern Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami Alternate Duval Ford LLC BOZARD FORD Price Percent: File $23,581.00 0.00% Build $24,578.00 0.00% Build $25,099.00 0.00% Build $23,359.00 0.00% $24,578.00 0.00% $25,099.00 0.00% $23,146.00 0.00% $24,578.00 0.00% $25,099.00 0.00% $23,146.00 0.00% $24,578.00 0.00% $25,099.00 0.00% Options Options Options Options Options Options Options Options Options Options Options Options Page 296 of 849 https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96705&in=3 1/1 SPEC 3 CHASSIS F-350 Regular Cab [F3G] F3G FSA20-VEH18 0 I 0 0 Re ular Cab 4X2 – Cab to Axle 84"B 169" — 0 — 0 $ 1,415.00 $ 4,886.00 F3E Regular Cab 4x2 Single Rear Wheel 60ca WB 145" ; 3 F3G WEMN " OiNIE $ XLT U rade Packa e 0 0 1 1 $ 5,300.00 $ 8.246.00 17" Forged Polished Aluminum w/Bright Hub Covers/Center 3 F3G NORTHERN ZONE $ 24,578.00 2022 MY 996/44G 3 F3G _ CI ZONE $4 78.00 2022MY 18" Sparkle Silver Painted CastAluminum w/Bright Hub 3 F3G SOUTHERN ZONE $ 24,578.00 2022.MY 0 DUVAL FORD Page 297 of 849 BODYSTYLE & WHEELBASE F3G Re ular Cab 4X2 – Cab to Axle 60" fWB 145"1' 0 I 0 0 CA1 Re ular Cab 4X2 – Cab to Axle 84"B 169" — 0 — 0 $ 1,415.00 $ 4,886.00 F3E Regular Cab 4x2 Single Rear Wheel 60ca WB 145" ; I 0 , i 0 NC NC XLT XLT U rade Packa e 0 0 1 1 $ 5,300.00 $ 8.246.00 17" Forged Polished Aluminum w/Bright Hub Covers/Center ®a 64J 6.2L 2 Valve Gas SOHC EFI NAV8 (Flex Fuel)ITorgShilt& Ten - 996/44G Speed 10R140 with Neutral Idle Automatic with Selectable Drive S S S S 1 8" Ar ent Painted Steel w/Painted Hub Cover/Center Ornaments Modes: Normal, Tow/Haul, Eco, DeeR Sand/Snow & %ppery 648 18" Sparkle Silver Painted CastAluminum w/Bright Hub _7.3L V8 Gas/TorgShitt®Ten-Speed 10R140<with Neutral Idle Covers/Center Ornaments 99N/44G Automatic with Selectable Drive Modes: Normal, Tow/Haul, Eco, 0 0 0 0 $ 1,704.00 $ 1,705.00 Dee Sand/Snow & Sli22eEy with F350 TBM LT245175Rxl 7E BSW AIT (F-350 SRW req. 6.2L Gas (996) and 6.7L 4 Valve OHV Power Stroke® V8 Turbo Diesel B20 with manual Pa goad Down rade Packa a 68D push-button Engine -Exhaust Bra king/rorgShift®Ten-Speed TBL 99T/44G 10R140 with Neutral Idle Automatic with Selectable Drive Modes: 0 0 0 0 $ 10,249.00 $ 10,250.00 LT265170RA 7E OWL AIT(F-350 SRW req. 62L Gas (996) Payload Normal, Tow/Haul, Eco, Deep Sand/Snow & Slippery Down rade Packa a 68D w/Transmission Power Take -Off Provision TCH LT275/65Rx18E BSW AIS Power Take -Off (req. Ten -Speed Transmission and PTO ]Transmission (62R) Pto provission; includes Transmission mounted live drive 0 O 0 0 $ 3,600.00 and stationary mode PTO, for use with hyraulic options excluding DUVAL FORD Page 297 of 849 m rvUVIRIr+rainwu „1WV1 VVIIVVIWmrai11MU I1uu vvvW101VV11 1 64A Ornaments (req. 62L Gas (996) or 67L Diesel (99T) and Payload 0 — 0 NC NC Down rade Package 68D • NAw17.3L Gas 99N 64K 17" Argent Painted Steel (Hub Covers/Center Ornaments not S S included" 17" Forged Polished Aluminum w/Bright Hub Covers/Center 64J — 0 — 0 $ 599.00 $ 600.00 Ornaments 4 aluminum outer and 2 steel inner L 64F 1 8" Ar ent Painted Steel w/Painted Hub Cover/Center Ornaments S — — — 648 18" Sparkle Silver Painted CastAluminum w/Bright Hub _ S Covers/Center Ornaments TD8 LT2405Rx17E BSW AIS PLU (F-350 SRW req. 6.21- Gas (996) 0 S 0 S $ 169.00 $ 170.00 and Payload Down rade Package 68D TBM LT245175Rxl 7E BSW AIT (F-350 SRW req. 6.2L Gas (996) and 0 0 0 0 $ 164.00 $ 165.00 Pa goad Down rade Packa a 68D TBL LT245175Rxl 7E 0WL AIT DRW inner rear — — — 0 $ 249.00 $ 250.00 TCD LT265170RA 7E OWL AIT(F-350 SRW req. 62L Gas (996) Payload ` 0 0 — $ 454.00 $ 455.00 Down rade Packa a 68D TCH LT275/65Rx18E BSW AIS S — S — DUVAL FORD Page 297 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 512 61J 61J 96V Spare Tire, Wheel and Jack (Excludes carrier; includes Hydraulic Jack (6U- rent—­ e aired in RI Jack (Two -ton Mechanical — F-350 SRW / Four -ton Hydraulic— F - 3.50 DRW/Six-ton H draulic— F-450, F -55-01-F-600)0 XL VALUE PACKAGE (96V)Availability: •Optional on XL Includes: *Bright chrome hub covers and center ornaments (F-350 SRW only) •Chrome front bumper •Cruise Control(steering wheel -mounted) — - — - - - - - - - - 0 0 0 0 0 - - - - - - - - - - 0 0 — - 0 0 — $ 349.00 $ 54.00 $ 394.00 $ 350.00 $ 55.00 $ 395.00 POWER EQUIPMENT GROUP (90L) Availability: Optional on XL *Standard on XLT and Lariat Includes: *AccessoryDelay *Advanced Security Pack (Incl SecuriLock0 Passive Anti -Theft System (PATS) and Inclination / Intrusion Sensors) @Manual Telescoping, Folding Trailer Tow Mirrors with Heated Glass (XL Only) •Manual Telescoping, FoldingTrailer Tow Mirrors with Power/Heated Glass, Heated Convex Spotter Mirror, Integrated ® 90L Clearance Lamps/Turn Signals (54K) (XLT Only) •MyKey® owner 0 0 S S $ 864.00 $ 865.00 controls feature *Power 1 st row (front -seat) windows w/one-touch up/down *Power 2nd row (rear -seat) windows (Super/Crew Cab) *Power locks *Power -folding with Autofold, PowerScope®Telescoping, Power Glass Trailer Tow Mirrors with Heat, Turn Signal, High - Intensity LED Security Approach Lamps, Utility Lighting System (LED Side -mirror Spotlights) (54F) (Lariatvnly) *Remote keyless entry •SecuriLock® Passive Anti -Theft System (PATS) (XLT and Lariat Only)*Upgraded door -trim panel XL Deletes: *Passenger side lock cylinder XLT VALUE PACKAGE (17V). Availability: *Optional on XLT 17V •RearUnderSeatStorage(NAw/RegularCab) 0 0 $ 1,339.00 $ 1,340.00 •Autolock/Auto unlock .Power Driver's Seat (eight -way) •SecuriCodeTm keyless entry ke ad driver's side' DUVAL FORD Page 298 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 Heavy -Service Front Suspension Package (NAw/F-600) Availability: #Optional on all Chassis Cabs Usage: *Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the spedd Goss Axle Weight Rating (GAWR). ® 67H Not available with: 0 0 0 0 124.00 $ 125.00 •Ambulance Prep Packages (47AI47L), Fire/Rescue Prep Package wIEPASpecial Emissions– For Diesel Engine (47J), Snow Plow Prep Package (473) or Extra Heavy -Service Suspension Package (67X) #F -600A Includes: *Heavy -service frontsprings. (Pre -selected. See Order Guide Supplemental Reference for springs/FGAWR of specific vehicle configurations.) EXTRA HEAVY -SERVICE SUSPENSION PACKAGE (67X) Availability: .Optional on all Chassis Cabs Usage: *Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating (GAWR). Not available with: *Ambulance Prep Packages (47AI47L), Fire/Rescue Prep ' 67X Package w/EPA Special Emissions– For Diesel Engine (47J), Snow 0 0 0 0 $ 124.00 $ 125.00 Plow Prep Package (473) or Heavy -Service Front Suspension Package (67H) •F -600A Includes: *Extra heavy -service front springs (Pre -selected. See Order Guide Supplemental Reference for springs/FGAWR of specific vehicle configurations.) NOTE 1:May result in a deterioration of ride quality. NOTE2:Vehicle ride heightwill increase wfthe addition of this package Payload Downgrade Package (see extended description for details) (avail. on F-350 SRW and req. Center High -Mounted Stop 68D Lamp (CHMSL) (59H) and 26.5 mid ship fuel tank (65M); avail. On 0 — 0 — NC NC F-450 & F-550; NAw/ 7.3L (99N) or 6.7L (99T) engines on F-350 'SRW CNG/Propane Gaseous Engine Prep Package (avail. on F-350 98F 0 0 0 0 $ 314.00 $ 315.00 w/6.2L engine onl 41 H Engine Block Heater 0 0 0 0 $ 99.00 $ 100.00 Transmission Power Take -Off Provision (all engines include Mobile 62R and Stationary PTO modes; 6.21- req. 4.30 final drive ratio; std on 0 0 0 0 $ 279.00 $ 280.00 6.7L Power Stroke® Diesel engine-, std on F -600A ® 86A jPro rammable En ine Idle Shutdown –5 minute 0 0 0 0 $ 249.00 $ 250.00 86B Pro rammable En eine Idle Shutdown –10 minute 0 0 0 0 $ 249.00 $ 250.00 DUVAL FORD Page 299 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 • 86CPro rammable En ine Idle Shutdown -15 minute 0 0 0 7-0-F7$, 249.00 $ 250.00 86D Pro rammable En ine Idle Shutdown -20 minute 0 0 0 0 $ 249.00 $ 250.00 ® 98R Operator Commanded Regeneration (req. 6.7L Power Stroke® 0 0 0 0 $ 249.00 $ 250,00 Diesel engine) Dual Battery (Dual 78 AH; req. 62L.Gas or 7.3L Gas engine; std on • 86M XL w/ 110VI400W Outlet (43C) and 7.3L Gas engine; std on XLT 0 0 0 0 $ 209.00 $ 210.00 and Lariatw17.3L Gas engine) ®1 18A U fitter Interface Module 0 0 0 0 $ 294.00 $ 295.00 397 Amp Alternators (req. 6.7L Power Stroke® Diesel engine; required with Rapid -Heat Supplemental Cab Heater (41 A), ® 67B Ambulance (47N47L) or Fire Truck (47J/47K); req. 7.3L Gas reqs. 0 0 0 0 $ 114.00 $ 115.00 Dual Battery (86M) - std on Lariat, required with 110V/400W Outlet (43C) or Snowplow (473) on XL &XLT; NA62L or 6.8L) 240 Amp Alternator (Opt. XL/XLT w/62L engine; required with ® 67E 110V/400W Outlet (43C) and Snow Plow Pkg. (473) when the 62L 0 0 0 0 $ 84.00 $ 85.00 is ordered• NAw/67Aor 6.7L" 26.5 Gallon Mid Ship (NAw/193" WB Regular Cabs &203.4" WB 65M Crew Cabs equipped w/gas engines; included with F-350 SRW 0 0 0 0 $ 124.00 $ 125.00 w/Pa load Downg rade Pk .(68D); removes 40 gallon fuel tank ®® 65C Dual Diesel -combines 40 gallon aft -of -axle & 26.5 gallon mid ship - 0 - 0 $ 624.00 $ 625.00 tank re . DRWlWr DUAL -40 &, 6 A5 • Manual Telescoping, Folding Trailer Tow Mirrors with ® 54K Power/Heated Glass, Heated Convex Spotter Mirror, Integrated 0 0 S S Clearance Lamps/Turn Signals; req. Utility Lighting System (63A) and Power Equipment Grou 90L' on XL Manual Telescoping, Folding Trailer Tow Mirrors with Power/Heated Glass, Heated Convex Spotter Mirror, Integrated ®. 54L Clearance Lamps/Turn Signals, 102" Width; DRW only; req. Power - 0 - 0 $ 644.00 $ 645.00 Equipment Group (90L) on XL; NAw/62L gas engine (996) or F- 350 4x2; Utility Lighting System (63A) is std on XL and XLT) Power -folding with Autofold, PowerScope®Telescoping, Power ®• 54F Glass Trailer Tow Mirrors with Heat, Turn Signal, High -Intensity LED - - 0 0 $ 279.00 $ 280.00 Security Approach Lamps, Utility Lighting System (LED Side -mirror Spotlights) 63A Utility Lighting System (LED Side -mirror Spotlights) (req. Manual 0 0 0 0 $ 159.00 $ 160.00 Telescoping (54K); std on XLT when ordering 54f COMPLETE TRAILER TOWING PKG. Recommend (535) High Capacity TT on 4501550 and (52B) Trailer brake contoller). On all 534 Chassis Includes trailer wiring to end of frame and bed center with 0 0 0 0 $ 1,645.00 $ 1,646.00 appropriate body option, 6 or 7 way plug, Receiver Hitch class IVN with solid ball mount, 2 5/16" ball with gin and cli . Trailer Brake Controller (TBC) (Verified to be compatible with 52B electronic actuated drum brakes only. NAw/531 Trailer Tow Pkg.; 0 01 TSS $ 269.00 $ 270.00 includes SmartTrailer Tow Connector 531 Trailer Towwirin, NAwIF-600A 0 0 - - $ 44,00 $ 45.00 18B Platform Runnin Boards 0 0 10 10 1$ 319.00 $ 320.00 DUVAL FORD Page 300 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 301 of 849 Audible Lane Departure Warning (reqs. Pre -Collision Assistwith -i ® 60C Automatic Emergency Braking (AEB) and Forward Collision 0 0 0 0 $ 114.00 $ 115.00 Warning) 94P Pre -Collision Assist with Automatic Emergency Braking (AEB), 0 0 0 0 $ 114.00 $ 115.00 Automatic High Beam and Forward Collision Warning Center High -Mounted Stop Lamp (CHMSL) (opt. for vehicles with ® 59H GVWR over 10,000 lbs.; required with Payload Downgrade 0 0 0 0 NC NC Packa a 68D for vehicles with GVWR 10„000 lbs. or less ® 872 Rear View Camera and Prep Nt (includes loose camera, wiring 0 0 0 0 $ 414.00 $ 415.00 bundle); required on 10,000 GVWR and under ®' 595 FOG Lampis (reqs. XL Decor 17F” on XL 0 0 0 0 $ 129.00 $ 130.00 153 Front License Plate Bracket Note: See "Emissions" section for 0 0 0 0 NC NC additional information Defrost with Fixed and Privacy Glass (Privacy Glass is standard on 43B XLT; XL req. Privacy Glass (924) and XL Power Equipment Group 0 0 0 0 $ 59.00 $ 60.00 90L 16T Floor Mats, All -Weather Dealer Installed), Two piece 0 0 0 0 $ 164.00 $ 165.00 166 Car' et Delete XLT & Lariat replaced w/blaok flooring),S S 0 0 NC NC 62M Power -Adjustable Pedals — — 0 0 $ 119.00 $ 120.00 .. 41 A Rapid -Heat Supplemental Cab Heater (Optional in all states with 0 0 0 0 $ 249.00 $ 250.00 6.7L Power Stroke@ Diesel en ane 110V/400W Outlet (with 40/20/40 seats, there is one in -dash mounted outlet; 2°d outlet in the console req. 40/Console/40 seats; ® 43C req. 332 Amp Alternator (67A) when 6.7L Power Stroke@ Diesel 0 0 S S $ 174.00 $ 175.00 engine is ordered and 240 Amp Alternator (67E) when the 6.2L 2 Valve Gas Engine is ordered and the 397 Amp Alternators (67B) when 7.3L Gas is ordered110V/400W 765 RemoteStart Systern (req, 9 L power Eqvi rnentGro u 0 0 0 0 $ 249!00 $ 250,00 SYNC@ 3– Enhanced Voice (Recognition Communication and Entertainment System – 8" LCD Capacitive Touchscreen in Center Stack with Swipe Capability – Ftinch-to-Zoom capability included with available Voice -Activated Touchscreen Navigation System -AppLink@ 913 – 911 Assist@ — — S S –Apple CarPlayTm and Android AutoTm –Smart Charging USB -C Ports–two (2) Note: SYNC@ Applink@ lets you control some of your favorite compatible mobile apps with your voice. It is compatible with select smartphone platforms. Commands may vary by phone and AppLink@ software SiriusXM@ Radio 39S (Includes a 6 -month prepaid subscription. Service is not available 0 0 S S $ 184.00 $ 185.00 in Alaska and Hawaii.); adds one (1) I/P mounted center speaker on XL only Voice-activated Navigation with HD and SiriusXM Radio2 Traffic 21 N and Travel Link@ — — 0 0 $ 569.00 $ 570.00 (SiriusXM Traffic and Travel Link@ includes a 5 -year prepaid subs ri)tion i III Moil ill; I NMI SIEMENS ;I! I III! NMI= DUVAL FORD Page 301 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 ® I Cloth, 40/20/40 Split Bench w/center armrest, cupholder and 0 0 — — $ 99.00 $ 100.00 manual lumbar driver's side onL L Vin 1, 40/Mini Console/40 manual lumbar driver's side onl 0 0 — — $ 354.00 $ 355.00 4 Cloth„ 40/Mini Console/40 0 0 — — $ 514.00 11, $ 515.00 AMBULANCE PREP PACKAGE (47A) Availability: *Optional on XL and XLT (Fleet Only) •Incomplete vehicle package – req. further manufacture and certification by final stage manufacturer *Ford vehicles are suitable for producing ambulances only if equipped w/the Ford Ambulance Prep Package. *Using a Ford vehicle withoutthe Ford Ambulance Package to produce an ambulance voids the Ford warranty Not available with: *Snow Plow Prep Package (473), Trailer Tow Package (531), Trailer Tow Package – High Capacity (535), Heavy -Service Front Suspension Package (67H), Extra Heavy -Service Suspension 47A Package (67X), Ambulance Prep Package w/Special Emissions 0 0 0 0 $ 1,204.00 $ 1,205.00 (47L) or Fire/Rescue Prep Package w/EPASpecial Emissions– For Diesel Engine (47J) Requires: •6.7L Power Stroke® Diesel engine (99T) NOTE: Stationary Elevated Idle Control (SEIC) has been integrated into the engine control module. •7.3L Gas engine (99N) Includes: 9397 Amp Alternator (67B) , 7000 lbs. Max Front Springs/GAWR rating for configuration selected,Operator Commanded Regeneration (OCR) – 6.7L Power Stroke® Diesel engine (99T) only •4.10 Limited -slip "Wide track" axle included w/F-350 DRW 47L Ambulance Prep Package w/EPASpecial Emergency Vehicle 0 0 0 0 $ 1,204.00 $ 1,205.00 Emissions – re . 6.7 Power Stroke® Diesel Engine 99T' FIRE/RESCUE PREP PACKAGE W/EPA SPECIAL EMISSIONS– FOR DIESEL ENGINE (47J) •Optional on XL and XLT (Fleet Only) Not available with: •Snow Plow Prep Package (473), Heavy -Service Front Suspension Package (67H), Extra Heavy -Service Suspension Package (67X) or Ambulance Prep Packages (47A/47L) 47J Requires: 0 0 0 0 $ 1,204.00 $ 1,205.00 96.7L Power Stroke® Diesel engine (99T)Includes: 9397 Amp Alternator (67B) 97000 lbs. Max Front Springs/GAWR rating for configuration selected *Operator Commanded Regeneration (OCR)NOTE 13tationary Elevated Idle Control (SEIC) has been integrated into the engine control module. ®' 525 Cruise Control(steering wheel -mounted. 0 0 — — $ 234.00 $ 235.00 Daytime Running Lamps (DRL) (the non -controllable 942 Daytime ® 942 Running Lamps (DRL) replace the standard Daytime Running 0 0 0 0 $ 44.00 $ 45.00 Lam s 'DRL' On/Off Cluster Controllable' ® 926 Seed Limitation – 65-mh c overned to seed 0 0 0 0 $, 79.00 $ 80.00 DUVAL FORD Page 302 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 • 927 Seed Limitation – 75-m h overned to seed 0 0 0 0 $ 79.00 $ 80.00 9 18L TPMS Delete (optional on F-350 SRW over 10,000 lbs. GVWR 0-- 0 -- NC NC • 63G Brig ht Grille re s. XL Decor Grou 017E 0 0 S S NC NC XL DtCOR GROUP (17F) Availability: *Optional on XL (Fleet Only) 17F *Chrome front bumper Options 0 0 — — $ 219.00 $ 220.00 *Bright chrome hub covers and center ornaments (F-350 SRW only) 87H Hood Deflector– Black Molded 0 0 0 0 $ 129.00 $ 130.00 .. 21 X Vehicle Safe by Console Vault re s. Seat-Bucket4ftonsole140 — — 0 0 $ 329.00 $ 330.00 ' 76C Exterior Backup Alarm, may be dealer installed. 0 0 0 0 $ 139.00 $ 140.00 / 61S Splash GuardslMud Flags – Front only o tional on F-350 onl 0 0 0 0 $ 74.00 $ 75.00 Stainless Steel Wheel Covers– Front & Rear (NA F-350 SRW; req. ' 945 64K 17" Argent Painted Steel Wheel or 64Z 19.5" Argent Painted 0 0 0 0 $ 379.00 $ 380.00 Steel Wheel • 61 L Wheel Well, Front 0 0 0 0 $ 179.00 $ 180.00 Ship through second stage chassis Modifier with selected up -fit. Second stage MSO and body certification in accordance with 31* FMVSS, state and local regulations. Incomplete chassis modified 0 0 0 0 $ 625.00 NA according to FordMoCo's body modifier guide validating OEM new vehicle warranty. Pre -delivery inspection in accordance with manufacturer's re uirements, CE IBOOYr r ' • DK 1 Dakota 9ft SRW "SB" Svc Body - Steel (Ford, RAM, GM) 0 0 Call For NA ..Price • DK 2 Dakota 9ft SRW "SB" Svc Body - Steel w/ Fliptop Lids (Ford, 0 0 Call For NA RAM, GM) Price •: DK 3 Dakota 9ft SRW "SB" Svc Body - Aluminum (Ford, RAM, GM) 0 0 Call For NA Price • DK 4 Dakota 9ft SRW "SB" Svc Body - Aluminum w/ Fliptop Lids 0 0 Call For NA (Ford, RAM, GM) Price 1/ DK 5 Dakota 9ft DRW "SB" Svc Body - Steel (Ford, RAM, GM) 0 0 Call For NA L_ Price / DK 6 Dakota 1 1f DRW "SB" Svc Body - Steel (Ford, RAM, GM) 0 0 Call For NA Price 1 DK 7 Dakota 1 1f DRW "SB" Svc Body - Steel w/ Fliptop Lids (Ford, 0 . 0 Call For NA RAM, GM) Price 1 DK 8 Dakota 1 1f DRW "SB" Svc Body - Aluminum (Ford, RAM, 0 0 Call For NA GM) Price / DK 9 Dakota 1 1f DRW "SB" Svc Body - Aluminum w/ Riptop 0 0 Call For NA Lids(Ford, RAM, GM) Price / DK OPT 1 LED Compartment Light - LED strip lighting in each 0 0 0 0 Call For NA compartment option for 8' and 9' Dakota "SB" Svc Body Price 1 DK OPT 2 LED Compartment Light - LED strip lighting in each 0 0 0 0 Call For NA compartment option for 11' Dakota "SB" Svc Body Price 9' Knapheide Utility Body 6108 SRW 60" CA. Includes Step 1 KSB 1 Bumper, Tail &Tag Light, Slam Lock Tailgate and Rotary Style 0 0 ######### NA Latches 9' Knapheide 6108F SRW Flip Top 60" CA Includes Step Bumper, 1' KSB 2 Tail & Tag Light, Slam Lock Tailgate and Rotary Style Latches 0 O ######### NA DUVAL FORD Page 303 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 KSB 3 9' Knapheide 6108D54 DRW 60" CA Includes Step Bumper, Tail & 0 0 #########1 NA Ta I I 1ht Slam Lock Tail ate and Rotar Stvle Latches 9' Knapheide 6108D54F DRW Flip Top 60" CA Includes Step e KSB4 Bumper, Tail &Tag Light, Slam Lock Tailgate and Rotary Style D 0 ######### NA Latches K,B 5 9" Kna heide 6108D54F40 DRW FliR Tom 60" CA 0 0 ######### NA KSO 6 9' Kna heide 6108D541-146 DRW 60" CA 0 0 ######### NA KK18 7 9' Kna heide 6108D541-160 DRW 60" CA 0 0 ######### NA KSO 6„ 11.',Kna p heide 6132D54 DRW 84" CA 0 0 ######### NA KSB 9 11' Kna heide 6132D54F DRW Flip Top 84" CA 0 0 I######### NA • .KS..8 11' Kna heide 6132D54H46 DRW 84" CA 0 0 ######### NA KSB11 11' Kna heide 6132D54H60 DRW 84" CA 0 0 ######### NA ® ' KSB 12 9' Aluminum Utility Body DRW, A611 OD54-2 60" CA. Includes Step 0 0 ######### NA Bumper, _LED Tail lights and Interior & Exterior paint ® KSB 13 9' A6110D54F FLIPTOP DRW 60" CA Includes Step Bumper, LED 0 0 ######### NA Tail lights and Interior & Exterior eaint r KSB 14 11' Aluminum Utility Body, DRW A6132D54-2 84" CA Includes 0 0 ######### NA Ste Bumper, LED Tail li hts and Interior & Exterior aint 9' Reading Standard Line utility body factory powder coated white RSB 1 0 0 with SST paddle latches. Req 60" CA [AF SLU108ADW SL 21301 ] ######### NA 9' Reading Standard Line utility bodyfactory powder coated white RSB 2 with flip Top Lids &SST paddle latches. 60" CA[AF SLU108ADW SL 0 0 ######### NA 21301 SML', 9' Reading Classic II utility body reading Classic II factorypowder RSB 3 coated white with SST Paddle Latches. Req's 60" CA Dual Rear 0 0 ######### NA Wheel. AF U108ADRW] 9' Reading Classic II utility body reading Classic II factory powder ® RSB4 coated white with SST Paddle Latches and Flip Top Lids. Req's 60" 0 0 ######### NA CA Dual Rear WheelFFU108ADRWSML 9' Reading Classic II Aluminum utility body reading Classic II factory RSB 5 powder coated white with SST paddle latches Req's 60" CA Dual 0 0 ######### NA Rear Wheel. AF AL-U108ADW 9' Reading Classic II Aluminum utility body reading Classic II factory", • RSB 6 powder coated white with SST paddle latches and Flip Top Lids. 0 0 ######### NA Req's 60" CA Dual Rear Wheel. [AF AL-U108A DW SML] 11' Reading Standard Line utility body factory powder coated white RSB 7 0 0 with SST paddle latches. Req 84" CA [AF SLU132ADW SL 21401 ] ######### NA 11' Reading Standard Line utility body factory powder coated white RSB 8 with Flip Top Lids & SST paddle latches. 84" CA [AF SLU132ADW 0 0 ######### NA SL 21401 SML 11' Reading Classic II utility body reading Classic II factory powder RSB 9 coated white with SST Paddle Latches. Req's 84" CA Dual Rear 0 0 ######### NA Wheel AF U132ADRW 11' Reading Classic II utility body reading Classic 11 factory powder RSB 10 coated white with SST Paddle Latches and Flip Top Lids. Req's 84" 0 0 ######### NA CA Dual Rear Wheel AF U132A DRW SML 11' Reading Classic II Aluminum utility body reading Classic II RSB 11 factory powder coated white with SST paddle latches. Req's 84" CA 0 0 ######### NA Dual Rear Wheel. 'AF AL-U132A DW' DUVAL FORD Page 304 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 305 of 849 11' Reading Classic Il Aluminum utility body reading Classic II RSB 12 factory powder coated white with SST paddle latches and flip top 0 0 ######### NA lids. Re 's 84" CA Dual Rear Wheel. AF AL-U132A DW SML 9' Reading Classic 11 utility body reading Classic 11 factory powder RSB 13 coated white with SST Paddle Latches. Req's 60" CA Single Rear 0 0 ######### NA Wheel AF U108ASRW' 9' Reading Classic II utility body reading Classic 11 factory powder RSB 14 coated white with SST Paddle Latches and Flip Top Lids. Req's 0 0 i######### NA 60" CA Sin le Rear Wheel AF U108ASRW SML" 9' Reading Classic 11 Aluminum utility body reading Classic II factory RSB 15 powder coated white with SST paddle latches Req's 60" CA Single 0 0 ######### NA Rear Wheel. AFAL-U108ASW° 9' Reading Classic 11 Aluminum utility body reading Classic II factory RSB 16 powder coated white with SST paddle latches and Flip Top Lids. 0 0 ######### NA Req's 60" CA Single Rear Wheel. [AFAL-U108ASW SML] ' Diesel Only notch utility body to accommodate DEF Tank on Dual RB OPT 1 Fuel Tank applications (Will affect Interior Compartment Size) [AF 0 0 0 0 $ 760.00 NA NOTCH -DUAL ' RB OPT 2 Master Locking System for 9' Reading Body (installed at Reading) " 0 0 0 0 $ 1,151.00 NA AML-108A' ` RB OPT 3 Master Locking System 12' Reading Body (installed at Reading) 0 0 0 0 $ 1,151.00 NA AF ML -132A ®, RB OPT 4 9' Steel Slidin 2 Top Factoy Insta Iled. 1AF ST -108 WR 237 301071 0 0 0 0 $ 3,385.00 NA ® RB OPT 5 9' Li hted Com artments 0 0 0 0 $ 900.00 NA ® RS OPT 6 12' Lighted Compartment 0 0 1 0 0 $1,100.00 NA ® RIB OPT 7 Retractable Bed Cover 0 0 0 0 $ 3,335.00 NA ® RR OPT 8 S ra ' on Liner for 11 ft Reading front floor, sides and ate 0 0 0 0 $1,555.00 NA RB OPT 9 S ra on Liner for 9ft Readin front, floor, sides and ate 0 0 0 0 $ 1 475.00 NA ® CLOSED SERVICE BODIES r Dakota 1 1f DRW Enclosed "DUC" Body - Aluminum (Ford, ® DESB 1 RAM, GM) w/ 52.5" Inside Height, tapered sides, rear door 0 0 Call For NA clear opening height of 45", one (1) drop down rear access Price door on each side of rear of body Dakota 1 1f DRW Enclosed "DUG' Body - Aluminum (Ford, RAM, GM) w/ 62.5" Inside Height, tapered sides, rear door Call For ®` ® DESB 2 0 0 NA clear opening height of 55", one (1) drop down rear access Price door on each side of rear of body 9' Knapheide Enclosed DRW Utility Body, KC1081-2094, 51"Interior ®° KESB 1 Height. Includes Step Bumper, Master Locks, LED Tail Lights, 0 0 ######### NA Exterior Paint, Interior Dome Light & (2) Rear Shelf Doors and Rear Solid Door 9' Knapheide Enclosed DRW UtilityBody, KC108M2094, 61" o KESB 2 Interior Height. Includes Step Bumper, Master Locks, LED Tail 0 0 ######### NA Lights, Exterior Paint, Interior Dome Lig ht& (2) Rear Shelf Doors and Rear Solid Door 9' Knapheide Enclosed DRW Utility Body, KC108H2O94, 73" KESB 3 Interior Height. Includes Step Bumper, Master Locks, LED Tail 0 0 ######### NA Lights, Exterior Paint, Interior Dome Light & (2) Rear Shelf Doors and Rear Solid Door DUVAL FORD Page 305 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 306 of 849 11' Knapheide Enclosed DRW Utility Body, KC1321-2094, 51" KESB4 Interior Height. Includes Step Bumper, Master Locks, LED Tail 0 0 ######### NA Lights, Exterior Paint, Interior Dome Light & (2) Rear Shelf Doors and Rear Solid Door 11' Knapheide Enclosed DRW Utility Body, KC1 32M2094,61" KESB 5 Interior Height. Includes Step Bumper, Master Locks, LED Tail 0 0 ######### NA Lights, Exterior Paint, Interior Dome Light & (2) Rear Shelf Doors and Rear Solid Door 11' Knapheide Enclosed DRW Utility Body, KC132H2094, 73" KESB 6 Interior Height. Includes Step Bumper, Master Locks, LED Tail 0 0 ######### NA Lights, Exterior Paint, Interior Dome Light & (2) Rear Shelf Doors and Rear Solid Door Kota heide Utilit Bod tions 3 Tool Shovel Rack 0 0_ 0 0 $ _ 335.00 NA KSB2°t2 6 Drawer Cabinet 0 0 0 0$ 2,100.00 NA KSBOpt 3 6 Drawer Mechanics Tool box 0 '_0 0 0 $ 2,101.00 NA • KSB O t4 Boom Tii Li ht1 0 0 0 $ 930.00 NA O t5 Bum" er 18"Shelf 0 0 0 0 $_ 1,350.00 NA KSS 9pt6 Bumper: 20" Storage Shelf Bumper 0 0 0 0 $ 2,600.00 NA KSB Opt 7 Bum er: Tail Shelf Bumper 16" 0 10 0 0 LjjA65.00 NA • KSB O t8 Cable Sbev, 0 0 0 0 $ 350.00 NA •® K 0 't 9 Cone Holder 0 0 0 0$ 236.00 NA • KSB' Opt 10 1 Cone Holder, Folding 0 0 0 0 $ 390.00 NA KS O t 11 D Rin sin Car o Area0 0 0 0$ 499.00 NA • KSB t 12 E Track In Cargo Area 0 0 0 0 $ 450.00 NA O t 13 Grab Handles 2 0 0 0 0$ 275.00 NA . • KSB O t 14 1 loo Cooler 0 0 0 0 $ 125.00 NA t KSB Opt 15 I loo Cooler Mount 0 0 0 0$ 225.00 NA K°B 0 t 16 Led Work Lights 2' 0 0 0 0 $ 640.00 NA KSB O t 17 Mud & Stone Guard 0 0 0 0 $ 250.00 NA KSB Opt 18 Outriggers: Electric/ Hydraulic Outriggers [Requires Electric Crane 0 0 0 0 $ 4,197.00 NA selection ® KSSO t19 Outri ers: Full H draulic 0 0 0 0 $ 4,197.00 NA KSB Opt 20 Paint: Knap,heide Exterior Factory Paint 0 0 0 0 $ 1,375.00 NA ® KSB Opit 21 Paint: Compartment Interior 0 0 0 0 $ 1,452.00 NA KSB' O°t22 Power Take Off 0 0 0 0 $ 3,477.00 NA IKS 0 t23 Raised Bottle Gas Com artment 0 0 0 0 $ 1,896.00 NA • KSB Opt 24 Shelvin : Pull Out Shelves 'each 0 0 0 0 $ 574.00 NA 'Shelvin : Pull outTray 0 0 0 0 $ 874.00 NA KSB OL25 Shelvin : Stationar Shelves 0 0 0 0 $ 250.00 NA t20 S are fire retainer 0 0 0 $ 235.00 NA • KSB Opt 28 Tread late Overlay Cargo Area 0 0 0 0 $1,275.00 NA • ® KSB 22t, 29 Treadalate-Overlay Com artment ToLs.,, 0 0 0 0 $ 1,300.00 NA K SB O t 3+ Vise Bracket 0 0 0 0$ 250.00 NA : KS8 Opt 31 Vise: 6" Wilton Use 0 0 0 0 $ 525.00 NA KSB 2pj,92 Masterlockin Rods 0 0 0 0$ 676.00 NA t33 Led Com artmentLighting 0 0 0 0 $ 610.00 NA ItS 0 t 34 Three PointT Handles 0 0 0 0 $ 676.00 NA KS6 0 t 35 Jum er Cable ICit 0 0 00 $ 585.00 NA Machina 1 Vanair Pro Com ressor/Generator, 20 CFM, 5000 Watt 0 0 0 0 $ 7,295.00 NA • M chime 2 Hydraulic 40CFM Com ressor 0 0 0 0$ 8,946.00 NA Machine 3 20 CFM Gas Air Com ressor and Reel 0 0 ' 00 $ 5,380.00 NA DUVAL FORD Page 306 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 • ® Lachine 4 VMAC VR70 Gas O ' 0 0 0 ######### NA ' Machine 5 VMAC VR70 Diesel lication 0 0 0 0 ######### NA • Itachine 6 Ery ac Welder Generator Cora ressor, Diesel 0 0 0 0 ######### NA Machine 7 En ac Welder Generator Compressor, Gas 0 0 0 0 ######### NA Machine 8 Miller Bobcat 250 Welder 0 0 0 0 49000 NA FLAT BED BODIES I I t KFB 1 9' Knapheide Flat Bed, PVMXS. Requires 60" CA Includes Steel 0 0 0 0 $ 9,457.00 NA Flat Bed,,Bulkhead with Window. 40" Sides and Mud Fla s KFB 2 12' Knapheide Flat Bed, PVMXS. Requires 84" CA. Includes Steel 0 0 $ 9,513.00 NA Flat Bed, Bulkhead with Window, 40" Sides and Mud Fla s 9' Knapheide Aluminum Flat Bed DRW, ALPB93. Requires 60" CA. KF134 Includes Steel Flat Bed, Bulkhead with Window, 40" Sides and Mud 0 0 ######### NA —Flaps 12' Knapheide Aluminum Flat Bed DRW, ALPB123. Requires 84' KFB 5 CA Includes Steel Flat Bed, Bulkhead with Window, 40" Sides and 0 0 ######### NA Mud Flaps r ® Ki -B OPT 1 Delete Stake Sides 0 0 0 0 $800.00 NA r KFB OPT 2 30" Steel Underbod Box 0 0 0 0 $ 677.00 NA KFB OPT 3 36" Steel Underbody ` Box 0 0 0 0 $ 702.00 NA r KT- B OPT 4 48" Steel Underbody Box 0 0 0 0 $ 767.00 NA t ® KFIB OPT 5 60" Steel Underbody Box 0 0 0 0 $ 827.00 NA r' KFB OPT 6 Electric Hoist- 9'-12" 615 0 0 0 0 $ 4,325.00 NA KF B OPT 7 Electric Hoist- 14'-16'16201 0 0 0 0 $ 5,050.00 NA KFB OPT 8 Ratchet and Straps each 0 0 0 0 $ 195.00 NA KFB OPT 9 PTO in lieu of Electric —0-0 0 0 $ 3,477.00 NA KFB OPT 10 Delete Aluminum Stake Sides 0 0 0 0 $ 750.00 NA ® KFB OPT 11 30" Aluminum Underbody Box 0 0 0 0 $ 802.00 NA KFBOPT12 36"Aluminum Underbod Box 0 0 0 0 $ 847.00 NA KFB OPT 13 48" Aluminum Underbody Box 0 0 0 0 $ 947.00 NA KFB OPT 14 60" Aluminum Under bod Box 0 0 0 0 $ 977.00 NA Gooseneck Flatbeds I I ' KGN 1 9' Kna heide Gooseneck Flatbed DRW, PGNA 0 0 $ 8,560.00 NA KGN 2 9' Knapheide Gooseneck Flatbed DRW, PGNB (Lights in bulkhead) 0 0 $ 8,700.00 NA KGIN 3 9' Kna . heide Gooseneck Flatbed DRW, PGNC jSkirted Body) 0 0 ######### NA KGN 4 9' Knapheide Gooseneck Flatbed DRW, PGND (Storage 0 ######### NA Gooseneck KGN 5 9' Kna heide Aluminum Gooseneck Flatbed, AL-PGNB96 0 0 ######### NA ® KGN 6 11' Kna heide Gooseneck Flatbed DRW PGNA 0 0 $ 8,900.00 NA KGN 7 11' Knapheide Gooseneck Flatbed DRW, PGNB (Lights in 0 0 ######### NA bulkhead KGN 8 11' Kna heide Gooseneck Flatbed DRW, PGNC LSkirted Body) 0 0 ######### NA KGN 9 11' Knapheide Gooseneck Flatbed DRW, PGND (Storage 0 0 ######### NA Gooseneck KON 10 11'Kna heide Aluminum Gooseneck Flatbed, AL-PGNB116 O , 0 NA ' DUMPBODIES— I DB1 9' Godwin 2 Yard Dump Body, 13" Sides. Includes Electric Hoist, 0 0 ######### NA 1!4 Cab Guard, Ground Control Manual Tar with Arms DB2 9' Godwin 3 Yard Dump Body, 18" Sides. Includes Electric Hoist, 0 0 ######### NA 1/4 Cab Guard, Ground Control Manual Tar with Arms DB3 9' Knapheide 2 Yard Dump Body, 13" Sides. Includes Electric Hoist, 0 0 ######### NA 1!4 Cab Guard, Ground Control Manual Tar withArms DUVAL FORD Page 307 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 308 of 849 DB4 9' Knapheide 3 Yard Dump Body, 16" Sides. Includes Electric Hoist, C, 0 ######### NA 1l4 Cab Guard, Ground Control Manual Tar with Arms ® D65 11' Godwin 2 Yard Dump Body, 13" Sides. Includes Electric Hoist, 0 0 ######### NA 114 Cab Guard, Ground Control Manual Tar with Arms DB6 11' Godwin 3 Yard Dump Body, 18" Sides. Includes Electric Hoist, 0 0 ######### NA 1/4 Cab Guard, Ground Control Manual Tare with Arms " DB7 11' Knapheide 2 Yard Dump Body, 13" Sides. Includes Electric 0 0 ######### NA Hoist, 114 Cab Guard Ground Control Manual Tarp with Arms DB8 11' Knapheide 3 Yard Dump Body, 16" Sides. Includes Electric 0 ' 0 ######### NA Hoist, 114 Cab Guard, Ground Control Manual Tar with Arms ® CONTRACTOR DUMPS • KCD 1 9' Knapheide Contractor Body, 14" Sides. Includes Electric Hoist, 0 0 ######### NA Bulkhead, Ground Control Manual Tar. with Arms ®/ KCD 2 12' Knapheide Contractor Body, 14" Sides. Includes Electric Hoist, 0 0 ######### NA Bulkhead, Ground Control Manual Tarp with Arms ® KCD 3 12' Blueridge Contractor Body, 40" Sides. Includes Electric Hoist, 0 0 ######### NA Bulkhead, Ground Control Manual Tar,p with Arms 112' Blueridge Aluminum Contractor Body, 40" Sides and Rear Barn ® KCD 4 Doors. Includes Electric Hoist, Bulkhead, Ground Control Manual 0 0 ######### NA Tarp with Aruna 9' Blueridge Aluminum Contractor Body, 40" Sides and Rear Barn ® KCD 11 Doors. Includes Electric Hoist, Bulkhead, Ground Control Manual 0 0 ######### NA Ta rp with Arms KCD 12 9' Blueridge Contractor Body, 40" Sides. Includes Electric Hoist, 0 0 ######### NA Bulkhead, Ground Control Manual Tarp with Arms CD OPT 1 Fold Down Sides 0 0 0 0 $ 1,254.00 NA ® CD OPT 2 ElectricTarp 0 0 0 0 $ 1,004.00 NA CD OPT 3 PTO Hoist in lieu of Electric 0 0 0 0 $ 3,477.00 NA ® AD OPT 2 Fold Down Sides 0 0 0 0 $1,300.00 NA • A, OPT 3 Electric Tarp System in lieu of semi -auto ta!p 0 0 0 $1,140.00 NA CHIPPER AND LANDSCAPE LB 1 12' Landscape Beavertail Body. Includes 36" Beavertail, Dual 5' 0 0 ii######### NA Ramp, 14" Expanded Sides and Bulkhead Storage L;B OKI Dual Weedeater Rack 0 _OA 875.00 NA LB OPT 2 Ladder Box in Body 0 0 $ 1,219.00 NA ® LB OPT 3 Blower Rack 0 0 $ 650.00 NA CHI 12' Chipper Body, Includes 66" Interior, Ventilation Ports, 24" Barn 0 0 ######### NA Doors, Electric Hoist BOXV"AN 1& B Aluminum 12' L x 96" W x 84" H Cutaway Bodies: Aluminum w/Plywood Interior, Radius Front, Pine Floor, 10" x 72" Rear Step Bumper, BOX12 Solid Bulkhead, 1- Dome Light, 2- Rear Grab 0 0 ######### NA Handles, ** Composite Roll -up Rear Door. j(Includes 2nd stage MSO, weight slip, & final -stage manufacturers completed vehicle certification.) (Econoline with Full Seat Pocket) BX, OPT 1 14" Full width bum er 0 0 $ 685.00 NA BX OPT 2 Pull Out RamE 0 0$ 2,250.00 NA BX OPT 3 JETrack,OneRow der Side 0 0 $ 550.00 NA DUVAL FORD Page 308 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 BX OPT 4 Forklift Reinforcement 0 0 $ 1,295.00 NA I) OPT'5 12" Scuff Liner 0 0 $ 600,00 NA CRANE BODIES 0 1 ONO= Dakota 9ft SRW Crane Body (Ford, RAM, GM). Supports a . DCB 1 1,000 to 4,000 -pound capacity crane. ** Add raised front 0 0 Call For NA compartment for $950 (specify streetside or curbside) Price ** SBG11078WSS-4K' Dakota 9ft DRW Crane Body (Ford, RAM, GM). Supports a ® DCB2 1,000 to 4,000 -pound capacity crane. ** Add raised front 0 0 Call For NA compartment for $950 (specify streetside or curbside) Price ** SBG11094WSS-4K Dakota 11 ft DRW Crane Body (Ford, RAM, GM). Supports a DCB3 1,000 to 4,000 -pound capacity crane. ** Add raised front 0 0 Call For NA compartment for $950 (specify streetside or curbside) Price ** SBG13394WSS-4K Dakota 9ft DRW Crane Body (Ford, RAM, GM). Supports up ® DCB4 to a 6,000 -pound capacity crane. ** Add raised front 0 0 Call For NA compartment for $950 (specify streetside or curbside) Price ** 'SBG11094WSS-6K Dakota 11ft DRW Crane Body (Ford, RAM, GM). Supports up +' DC65 to to a 6,000 -pound capacity crane. ** Add raised front 0 0 Call For NA for $950 (specify streetside or curbside) Price **[S BG1 3394VVSS-6K ® DCB OPT 1 Dakota 14" Long Tailshelf Workbench Bumper with 0 0 Call For NA compartments on each side of the tail shelf for DRW chassis Price e DCB OPT 2 Dakota 20" Long Tailshelf Workbench Bumper with 0 Call For NA compartments on each side of the tail shelf for DRW chassis Price LCB 1 Liftmoore 9ft DRW TM4 Crane Body (Ford, RAM, GM) (must 0 0 Call For NA be ordered with a Liftmoore 4000X-16PKG crane - see below) Price LCB2 Liftmoore 1 1f DRW TM6 Crane Body (Ford, RAM, GM) (must 0 0 Call For NA be ordered with a Liftmoore 2550X-20PKG crane - see below)'' Price 9' Knapheide Crane Body, 6108D54 R3. Includes Single Manual CB 1 Outrigger, Body Reinforcement, Spring Build Up and Step Bumper 0 0 ######### NA Use with 3KCrane) 9' Knapheide Crane Body, 6108D54 R4. Includes Dual Outrigger, ® CB2 Body Reinforcement, Spring Build Up and Step Bumper (Use with 0 0 ######### NA 4K Crane' 9' Knapheide Crane Body, 6108DL30. Includes Dual Outrigger, CB 3 Body Reinforcement, Spring Build Up and Step Bumper (Use with 0 0 ######### NA 5KCrane 9' Auto Crane Body, Titan 16. Includes Dual Outrigger, Body CB 4 Reinforcement, Spring Build Up and Step Bumper (Use with 4K 0 0 ######### NA Crane" 9' Knapheide Crane Body with 21" Storage Bumper, 6108DL44. CB 5 Includes Dual Outrigger, Body Reinforcement, Spring Build Up and 0 0 ######### ! NA Step Bumper Use with 6K-7KCrane 9' Auto Crane Body, Titan 38. Includes Dual Outrigger, Body CB 6 Reinforcement, Spring Build Up and Step Bumper (Use with 5K 7K 0 0 ######### NA Crane' DUVAL FORD Page 309 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 310 of 849 11' Knapheide Crane Body, 6132D54 R3. Includes Single Manual CB 7 Outrigger, Body Reinforcement, Spring Build Up and Step Bumper 0 0 ######### NA Use with 31<Crane 11' Knapheide Crane Body, 6132D54 R4. Includes Dual Outrigger, CB 8 Body Reinforcement, Spring Build Up and Step Bumper (Use with 0 0 ######### NA 4KCrane 11' Auto Crane Body, Titan 16. Includes Dual Outrigger, Body CB 9 Reinforcement, Spring Build Up and Step Bumper (Use with 4K 0 0 ######### NA Crane 11' Knapheide Crane Body, 6132DL30. Includes Dual Outrigger, : CB 10 Body Reinforcement, Spring Build Up and Step Bumper (Use with 0 0 ######### NA 5KCrane 11' Auto Crane Body, Titan 38. Includes Dual Outrigger, Body : CB 11 Reinforcement, Spring Build Up and Step Bumper (Use with 5K -7K 0 0 ######### NA Crane's 11' Knapheide Crane Body with 21" Storage Bumper, 6132DL44. , ° ® CB 12 Includes Dual Outrigger, Body Reinforcement, Spring Build Up and 0 0 ii######### NA Ste 'Bum er Use with6K 7KCrane' Cts OPT 1 Auto Crane Master Locks 0 0 $ 1,627.00 NA ° FLAT BED -CRANE REINFORCED 9' Steel Flatbed with 20" Pedestal. Includes Dual Outrigger, Body KFBC 1 Reinforcement, Spring Build Up and Step Bumper (Use with 4K 0 0 ######### NA Crane 9' Steel Flatbed with 20" Pedestal. Includes Single Manual ®: KFBC 2 Outrigger, Body Reinforcement, Spring Build Up and Step Bumper 0 0 ######### NA Use with 3K Crane) 9' Steel Flatbed with 20" Pedestal. Includes Dual Outrigger, Body KFBC 3 Reinforcement, Spring Build Up and Step Bumper (Use with 5K 0 0 ######### NA Crane 12' Steel Flatbed with 20" Pedestal. Includes Dual Outrigger, Body t KFBC 4 Reinforcement, Spring Build Up and Step Bumper (Use with 4K 0 0 ######### NA Crane' 12' Steel Flatbed with 20" Pedestal. Includes Single Manual KFBC 5 Outrigger, Body Reinforcement, Spring Build Up and Step Bumper 0 0 ######### NA Use with 3K Crane' 12' Steel Flatbed with 20" Pedestal. Includes Dual Outrigger, Body • KFBC 6 Reinforcement, Spring Build Up and Step Bumper (Use with 5K 0 0 ######### NA Crane) ELECTRIC CRANES ELEC 3,000 Lb Auto Crane EHC3 PRX- Hardwired Control, Boom Rest, • ® CRANE 1 Auxiliary Battery, Circuit Breaker and Crane Annual Inspection 0 0 0 0 ######### NA Decal ELEC 3,000 Lb. Liftmoore Electric Crane 3612REE- Hardwired Control, ® CRANE 2 Boom Rest, Auxiliary Battery, Circuit Breaker and Crane Annual 0 0 0 0 ######### NA Ins ection Decal ELEC ® 3,000 Lb. Stellar EC3200- FM CONTROL, Boom Rest, Auxiliary 0 0 0 0 ######### NA CRANE 3 Battery, Circuit Breaker and Crane Annual Inspection Decal ELEC 31000 Lb. Venturo ET12KX- HARDWIRED CONTROL, Boom Rest, CRANE 4 Auxiliary Battery, Circuit Breaker and Crane Annual Inspection 0 0 0 0 ######### NA Decal DUVAL FORD Page 310 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 CLEC 3,000 Lb. Venturo ET121W-16 FM CONTROL, Boom Rest, ® ORANES AuxiliaryBattery, Circuit Breaker and Crane Annua I Inspection 0 0 0 [— 0 ######### NA Decal ELEC 4,000 Lb. Auto Crane, Model EHC4-16' Reach, With Hardwired CRANE6 Control, Boom Rest, Auxiliary Battery, Circuit Breaker and Crane 0 0 0 0 ######### NA Annual Ins ection Decal ELEC 41000 Lb. Auto Crane, Model EHC4-20' Reach, With Hardwired t CRANE7 Control, Boom Rest, Auxiliary Battery, Circuit Breaker and Crane 0 0 0 0 ######### NA Annual Inspection Decal ELEC 41000 Lb. Liftmoore Electric Crane- Model 4000X-16' Reach, CRANE 8 Hardwired Control, Boom Rest, Auxiliary Battery, Circuit Breaker 0 0 0 0 ######### NA and Crane Annual Inspection, Decal ELEC 4,000 Lb. Liftmoore Electric Crane- Model 4000X 20' Reach, CRANE 9 Hardwired Control, Boom Rest, Auxiliary Battery, Circuit Breaker 0 0 0 0 ######### NA and Crane Annual Ins ection Decal ELEC 41000 Lb. Stellar Crane- Model EC4000-16' Reach, FM Control, CRANE 10 Boom Rest, Auxiliary Battery, Circuit Breaker and Crane Annual 0 0 0 0 ######### NA tion Dl Ins--f—aececa CLEC 4,000 Lb. Stellar Crane- Model EC4000-20' Reach, FM Control, ® CRANE 11 Boom Rest, Auxiliary Battery, Circuit Breaker and Crane Annual 0 0 0 0 ######### NA Ins ection Decal ELEC 4,000 Lb. Venturo Crane- Model ET16KX, Hard wired Control, CRANE 12 Boom Rest, Auxiliary Battery, Circuit Breaker and Crane Annual 0 0 0 0 ######### NA Inspection Decal o HYDRAULIC CRANEIBM 1 13 MINE 4,000 Lb. Stellar Crane- Model 69393S 4421-20' Reach, HYD CRANE 1 Proportional FM Control, 25 Gallon Hydraulic Reservoir, Hoses, 0 0 0 0 ######### NA Boom Rest and Annual Crane Certification & Decal (Requires PTO) 4,000 Lb. Liftmoore Crane- Model 1640XPwith 16' Reach, HYD CRANE ® Proportional HW Control, 25 Gallon Hydraulic Reservoir, Hoses, 0 0 0 0 ######### NA 2 Boom Rest and Annual Crane Certification & Decal (Requires PTO) ® HOOK LIFT f 1 11' Switch and Go Packa a 84CARe uired 0 0 ######### NA SG OPT 1 Additional Drop Boxes 0 0 $ 5,467.00 NA SG OPT 2 Dump Body added to package, must shi with s stem. L 0 0 $ 7,875.00 NA SG OPT 3 Additional Dum, sters 1 0 0 1 $ 7,875.00 NA ® SG OPT 5 US Tar - 88" Gan withArms 0 0 $ 950U01 NA AERIAL BUCKET BE r NNEN AERIAL 1 Axion Lift, UR3410 (Req. Utility body) 32-8' Working Height, 0 0 0 0 ######### NA Outrig2ers and Gas Pont Motor with Electric Start Axion Lift, BR43131. Insulated 42' Working Height, Articulating Dual AERIAL 2 Outriggers, Hydraulic Tilt, PTO, Pump and Shelf Bumper (Req. Utility 0 0 0 0 ######### NA Body) Axion, AT4313. Insulated 44' Working Height, Telescopic ® AERIAL 3 Articulating Dual Outriggers, Hydraulic Tilt, PTO, Pump and Shelf 0 10 0 0 ######### NA Bumpier (Reg. Utili Bod ® AERIAL 4 Duralift, DT29FP 34', DC Backup, Cat D Insulation and PTO (Req. 0 0 ######### Utilit bodyor Flatbed' r:::N:A DUVAL FORD Page 311 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 312 of 849 " STLIGHT Streamli ht RechaiEgeable Stinger Flashli ht -75712 O O O O $ 189.00 NA THMS500- 500 Watt Inverter with Dash Switch- includes TH0002 0 0 0 0 $ 396.00 NA PPI TH750S 750 Watt Inverter with Dash Switch- includes TH0002 1 1 1 1 596.00 NA H1 000 1000 Watt Inverter with Dash Switch 1 1 1 1 $ 642.00 NA TH1500 1500 Watt Inverter with Dash Switch- includes TH0002 1 1 11 1 $ 695.00 NA TH2O00 2000 Watt Inverter with Dash Switch 2 2 2 2 $ 796.00 NA TH3000 3000 Watt Inverter with Dash Switch 3 3 3 11 3 $ 966.00 NA DSI- Dimensions 1200 watt Pure Sine Wave 1 1 1 1 $ 1,495.00 NA 12/120ON 0S1- Remote control for Dimensions 1 1 1 1 Is 145.00 NA REMOTE USB HD Charge Wire for Iphone-USB IPHONE 0 0 0 0 $ 39.00 NA :. hone USB HD Charge Wire for Android -USB ANDROID 0 0 0 0 $ 39.00 NA Android Safety Kit Incl; First Aid Kit, Triangle Kit & Fire SAFET1 Extinguisher (Specify monting location) B500T, 1 1 1 1 $ 276.00 NA PET449, 6430 SAFET2 First Aid, Fire Extinguisher (specify moutning location) 1 1 1 1 $ 536.00 NA land Road LED Kit -6430, B500T 1140-4PACK WTM 2 All Weather Laser Cut Floor Mats- 2 Piece O 0 10 0 $ 215.00 NA • MI 4 -- All Weather Laser Cut Floor Mats- 4 Piece 0 O O 0 $ 290.00 N�A CONSOLE/ LAPTOP ® d 14" Basic Console Package: 4" Dual Beverage Holder, ® CC -MC -14 -;Console Tray, 2 -DC Outlets, 1- Dual USB Port 1 1,; 1 1 $ 805.00 NA iFaceplate, Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER 16" Wide Body Console with Open Storage on Side of Console: 4" Dual Beverage Holder, Console Tray, 2- CC-WBOS-'DC Outlets, 1- Dual USB Port Faceplate, Height 1 1 1 1 $ 951.00 NA Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER 20" Wide Body Console with Open Storage on Side of Console: 4" Dual Beverage Holder, Console Tray, 2- e CC-WBOS- DC Outlets, 1- Dual USB Port Faceplate, Height 1 1 1 1 $ 964.00 NA Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER 16" Wide Body Console Package with Open Storage on Side of Console: 4" Dual Beverage Holder, Console CC-WBOS- Tray, 2-13C Outlets, 1- Dual USB Port Faceplate with 1 1 1 1 $ 995.00 NA Lidded File Padded Box (SPECIFY RADIO MODEL AT THE TIME OF ORDER ® CM -F1 5 -SA LapTop Stand Passenger side mounted with Universal 1 1 1, 1 $ 804.00 NA Computer Tray DUVAL FORD Page 312 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 313 of 849 Lap Top Mount with Easy One Handed Slide Arm and CM-SDMT-'Universal Computer Tray. Use when ordering Troy 1 1 1 1 $ 831.00 NA Console ® . VV Vent Shades O O 1 O 1 O $ 175.00 NA ® PINTLE Pintle Ball Combination 2 5/16" with Adjustable Shank O O O O $ 350.00 NA BC ® PINTLE Pintle Ball Combination 2 5/16" with Fixed Shank O O O O $ 285.00 NA FX ® BOARDS Aries 3" Tubular Running Boards- Black 1 1 1 11 $ 495.00 NA R ® BOARDS Aries 4" Oval Running Boards- Black 1 1 1 1 $ 515.00 NA C o BB By Shield 1 1 $ 140.00: NA 3K RKE Programmed Integrated Ke,X Transmitter Fob 1 1 1 1 $ 350.00 NA 3K PATS Programmed Kev with Pats Technology, Fleet Key 1 °I 11 1 $ 225.00 NA 2 TONE Two Tone Paint Scheme Roof and Doors O O O O $ 1,896.00 NA ® 2 TONE D Two Tone Paint Scheme, Doors On ly O $ 1,496.00 NA BUA Backup Alarm 1 1 1 1 $ 130.00 '', NA ® CAMLOC Relocate/ Install factory supplied camera when adding 2 2 2 2 ��8 NA second stage bodyor option .00 BACKZON Reverse Sensing System, Dealer Installed 2 2 2 2 $ 445.00 NA E ® ® SPRAY A HD Spray In Bedliner, Includes Compartment Tops, O OO O $ 995.00 NA Interior and Tailgate- 9 Foot Bed ® SPRAY B HD Spray In Bedliner, Includes Compartment Tops, O O O O $ 1,135.00 NA Interior and Tailgate- 10 or 11 Foot Bed .' PRAY C HD Spray, in Bedliner on Bumper 0'0 O $ 155.00 NA ® SPRAY D HD Spray in Bedliner for Enclosed Servie Body, tio O O O $ 1,860.00 NA Includees Floor and 16" u side walls • UCOAT Under Coating 0 J O O $ 840.00 NA TINT 1 Window Tint On Front 2 Windows Including Windshield O 0 O O $ 355.00 NA Stri • ® TINT 2 Tint All Windows 4 Door includin Windshield Stri O 010 O $ 410.00 NA ECAL 1 Graphics- Basic Fleet Package O O O O CALL DLR NA (DECAL 2 Graphics- Customized Packa a With Unit numbers O OO O CALL DLR NA Nitrogen Filled Tires In Lieu Of Std. Factory Fill. Fuel NITRO Economy Saver Due To Tire Pressure Consistency, On 1 1 1 1 $ 345.00 NA Ground GRILL GUARD AND WINCH • 57-93905 Westin HDX Wrap Around Grille Guard with winch plate 3 3 3 3 $ 1,356.94 NA 57-3905 Westin HDX Wrap Around Grille Guard without winch 3 3 3 3 $ 1,256.43 NA late WARN Warn wrap around grill guard with winch plate 88240, 3 3 3 3 $ 1,622.10 NA WGG 98080, 98090, 98095 BARN 15000# Warn Winch with Remote 3 3 3 3 $ 2,612.00 NA 15K WARN 10000# Warn Winch with Remote [103252] 3 3 3 3 $ 979.84 NA 10K ® WARN 12000# Warn winch with Remote [103254] 3 3 3 3 $ 1,304.20NA 12K DUVAL FORD Page 313 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 314 of 849 CABSHIELDS CABSHLD Cab Shield with Mesh Window, Includes Black Pwder 1 1 1 1 $ 683.60 NA Coating CABSHLD Cab Shield with Mesh Window, Includes Black Pwder 1 1 1 1 $ 712.20 NA B Coating and Beacon Provision ® CABSHLD ® Cab Shield with Mesh Window, Includes Black Pwder 1 1 II $ 712.20 NA ( Coatin and Li htbar Provision CABSHLD I'!Cab • Shield, Aluminum 1 1 1 1 $ 952.60 NA A LIGHTING: See lighting submission document for o additional lWhti.rigi.olations. Lighting LEDSPOT Mounted Spotlight- 325PL-0002, 189, 3 3 3 3 $ 695.00 NA P46SLIICar ® • GOLITE LED Permanent Mount Go -Light brand spot light 3 3 3 3 $ 725.00 NA 20074GT 3RD Brake Light Safety Pulse (Pulses 3rd brake light SBL (4) times upon application of brake pedal to increase 1 1 1 1 $ 279.00 NA driver awareness behind you when sto in LED PKG 4Comer System (2 Surface Mounted ) Grille 2 n Tail Lights) (Specify color at time of orderng 4 4 4 4 $ 675.00 NA � MCRNS* VTX609* ® LED PKG ® 16" Mini Whelen Led Century Light Bar - Amber light 2 2 2 2 $ 495.00 NA 2 with Amber Lens- MC16PA LVED PKG 16" Mini Whelen Led Century Light Bar - Amber light 2 2 2 $ 550.00 NA 3" with Clear- MC16PCA LED PKG 16" Mini Whelen Led Century Light Bar -Amber/white �Iiqhts 2 2 2 2 $ 550.00 NA 4 with Clear Lens- MC16PF LED PKG ®® 23" Mini Whelen Led Century Light Bar - Amber light 2 2 2 2 $ 695.00 NA 5 with Amber Lens- MC23PA `® LED PKG 23" Mini Whelen Led Century Light Bar -Amber light 2 2 22 $ 695.00 NA 6 with Clear- MC23PCA LED PKG ' 1 23" Mini Whelen Led Century Light Bar - Amber/white 2 2 2 2 $ 695.00 NA li hts with Clear Lens- MC23PF 54" Fully Populated Whelen Justice Light Bar, 6 -Switch LED PKG Controller & 4 Comer Flashing System With Mounting 8 8 8 8 $ 3,002.00 NA 8 Hardware (Specify color at time of order) JV2****, PCC6W, MCRNS*, MCRNB1, VTX609* 54" Fully Populated Liberty II Light Bar, 6 -Switch ® LED PKG Controller & 4 Comer Flashing System With Mounting 8 8 1 8 8 $ 3,022.00 NA 9 Hardware (Specify color at time of order) IW2****, PCC6W MCRNS* MCRNB 1, VTX609* Interior Flashing System: (2) SOLO Avengers In LED PKG Headliner, (2) SOLO Avengers In Rear Deck, 4 Comer ® 10 Flashing System with Single Mounted Controller 8 8 8 8 $ 1,754.00 NA (Specify color at time of order) AVC11 *, MCRNS*, MCRNB 1 *, VTX609*, Premium Interior Flashing System Front and ®® LED PKG Rear With Directitions, 2 -Hideaway Grille IntinBra 10 10 10 10 $ 3,400.00 NA 11 Lights, 2- Flashinhts, Siren/ Controller, S eaker and Mockets DUVAL FORD Page 314 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 DUVAL FORD Page 315 of 849 54" Fully Populated Whelen Justice Light Bar, Siren/ • LED PKG Controller, Speaker & 4 Comer Flashing System With 10 10 10 10 $ 2,863.00 NA 12 Mounting Hardware- JV2****, SA315P, MCRNS*, VTX609* 54" Fully Populated Whelen Liberty II Light Bar, Siren/ LED PKG Controller, Speaker & 4 Comer Flashing System With 10 10 10 10 $ 3,350.00 NA 13 Mounting Hardware- IW2****, SA315P, MCRNS*, 60 VTX609* RACKS 1313 1 UN •: SLR Sin' le Side Ladder Rack Aluminum 2 2 2 2 $ 1,350.00 NA • • MatRack S Over Cab Material Rack, Steel O O O O $ 2,450.00 NA ®e t MatRack A Over Cab Material Rack, Aluminum 0 O O O $ 2,545.00 NA SBtRack Over Cab Material Rack with Basket, Steel 0 O O 0 $ 3,000.00 NA ,1 MatRack Over Cab Material Rack, Aluminum O I'' O O O $ 2,896.00 NA AL 403 3EMMMMz= NA 404 Service Body, Liftoates ®1 L.G1 1300# Tommy Gate G2 60 1342 TP27 Steel Platform O 0 0 0 $ 3,686.00 NA 4,.LG2 47, 1300# Tommy Gate G2 60 X 27 Aluminum O O 0 O $ 4,296.00 NA ®a LG3 1300# Tommy Gate G2 60 1342 TP38 2 Piece Steel O O O O $ 3,874.00 NA Platform LG4 1300# Tommy Gate G260 1342 EA38 2 Piece O O O O $ 4,456.00 NA Aluminum ®e • LG5 1500# Tommy Gate G260 1642 TP27 Steel Platform O O O O $ 3,871.00 NA ® e LG6 1500# Tommy Gate G260 1642 TP38 2 Piece Steel 0 O O O $ 4,056.00 NA ® LG7 1500# Tommy Gate G260 1642 EA27 Aluminum 0 O 0 0 $ 4,486.00 NA ® LG8 1500# Tommy Gate G260 1642 EA38 Aluminum 2 O O O O $ 4,636.00 NA Piece LG9 11500e# Tommy Gate G260 1642 EA48 Aluminum 2 0 O 0 O $ 4,946.00 NA Piece ® LG10 Thieman 1500# TT15ET 56 X 26 Steel 1 Piece 0 O O 0 $ 4,246.00 NA ® LG11 Thieman 1500# TT15ET 56 X 42 Steel 2 Piece 0 O O O $ 4,696.00 NA ® LG12 Thieman 1500# TT15ET 56 X 26 Aluminum 1 Piece 0 9 -12 -L2 -L$ 4,596.00 NA ® LG13 Thieman 1500# TT15ET 56 X 32 Aluminum 2 Piece 0 O 0 O $ 5,046.00 NA ® L14 Thieman 1500# TT15ET 56 X 44 Aluminum 2 Piece O O 0 O $5486.00 NA ® • Stake Body and Box Truck UNI!es o LG15 1300# 305# Tommy Gate box truck & flatbed g292 1350 0 O O O $ 4,446.00 NA ® LG16 1600# Tommy Gate box truck & flatbed g292 1650 0 0 O O $ 4,546.00 NA t. 35 ® t�,G17 2000# Tommy Gate box truck & flatbed g292 2050 O O O O$ 4,866.00 NA t 35 ® Rail ate ® RG 1 1600# Rail .ate Tomm Gate 89-16 t 37 0 0 O 0 $ 5,396.00 NA ® RG 2 2000# Rail ate Tommy Gate 89-20 t 42 O O ol O $ 5,846.00 NA ® R. 3 12500# Rail, ate Tommy Gate 89-25 t 42 O O O 0 $ 7,496.00 NA ® RG 4 ,2500# Rail ate Tommy Gate bifold 89-25bf t 60 O O O O $ 9,946.00 NA DUVAL FORD Page 315 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 ® RG 5 3000# Rail date Tommy'Gate bifold 89-30bf t' 60 O 0 O 0 ######### NA ® RG 6 4500# Rail ate Waltco wdv45 60 x 80 O O O O #`####### PSA ®e Tuckaway EIMUMMOMMEM ® TA1 1500# Tuckawa Maxon t15 O O $ 5,996.00 NA ® TA2 12000# ...._2_2_ Tuckawa" Waltco c-20 0 0 O 0 $ 5,686.00 NA TA3 2500# Tuckaway Waltco c-25 O O 100 $ 6,656.00 NA ® TA4 2500# Tuckaway Tommy Gate tkt8025 O O O 0 $ 7„946.00 NA ® TA5 3000# Tuckawa i Tomm t Gate tkt8030 O O O 0201.00 NA allFill;A.oa Base Care Ford Protect Extended service plan for ® IGGB575 Incomplete GAS ENGINE chassis. Five Year, 75000 O O O O $ 2,975.00 NA Miles, 3000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 ,Base Care Ford Protect Extended service plan for IGGB5100 Incomplete GAS ENGINE chassis. Five Year, O O O O $ 3,500.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Fond Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for a IGGE575 Incomplete GAS ENGINE chassis. Five Year, 75000 O O 10 O $ 3,220.00 NA Miles, 3000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for `®1 IGGE5100 Incomplete GAS ENGINE chassis. Five Year, O O O O $ 3,930.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for ® IGGP575 Incomplete GAS ENGINE chassis. Five Year, 75000 O O O O $ 3,690.00 ! NA Miles, 3000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for III IGGP5100 Incomplete GAS ENGINE chassis. Five Year, O O O O $ 4,510.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for ®® IDDB575 Incomplete DIESEL ENGINE chassis. Five Year, O O O O $ 3,200.00 NA 75000 Miles, 3000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for Incomplete DIESEL ENGINE chassis. Five Year, ® IDDB5100 0 0 0 0 $ 4,225.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for ®® IDDE575 Incomplete DIESEL ENGINE chassis. Five Year, O O O O $ 3,485.00 NA 75000 Miles, 3000 Hour Zero deductible. Pricing per ,Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for ®A IDDE5100 Incomplete DIESEL ENGINE chassis. Five Year, O O O O $ 4,800.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 DUVAL FORD Page 316 of 849 SPEC 3 CHASSIS F-350 Regular Cab [F3G] FSA20-VEH18 PremiumCare Ford Protect Extended service plan for ®® IDDP575 Incomplete DIESEL ENGINE chassis. Five Year, O 0 0 O $ 4,015.00 NA 75000 Miles, 3000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete DIESEL ENGINE chassis. Five Year, ® lDDP5100 O O O O $ 5,595.00 NA 100,000 Miles, 4000 Hour Zero deductible. Pricing per Ford Protect Florida Retail Jars. 2021 Out of Zone purchase and Delivery. hoes not include ® t ZN unique shipping circumstances when final product 0 0 0 0 $ 446.00 NA demands shipping outside the state of Florida. Note: Emmissions codes for specific re ion. Tag and Title processing and handling fee. Tags are processed at the local tag office and physically picked ® TTO up for client and affixed to vehicle prior to deliver. Cost O O O O $ 48.00 NA includes electronic administrative fee, manual processing courier, and Fedex related expense. ® TMP 130 Day Florida Temporary Tag. Requires (TTO) O O O O $ 7.00E�A:: Ta, Mille .tion Transfer Tag Charge: (Florida only) Please send scan ® TX of agency registration with tag ID clearly indicated. 0 0 O 0 $ 90.00 NA Requires (TTO) Tag/Title Option, includes (TMP) New Tag Charge (Florida only) Requires (TTO) ® a TAG Tag/Title option. Specify City, State, or Sheriffs Tag. 0 O O O $ 125.00 NA Includes MP DUVAL FORD Page 317 of 849 CUSTOMER ORDER CODE 1012002 66K 404002 3700002 930821 7510001 330444 3500004 7610001 359001 4510001 1222000 5000002 BODY OPTON PACKAGE 5120001 5900006 715T003 8140003 8520001 400000 TRANSFER NEW TAG 6230006 6220017 661002 955002 Florida Sheriff's Association Contract Number: FSA18-VEH 16.0 Specification: #106 District: Southern CITY OF BOYNTON BEACH ASL GMC/NEW WAY BID QUOTE ENGINE UPGRADE 66,000 GVW UPGRADE DOUBLE FRAME FRONTAXLE FRT TIRES/WHL FRONT AXLE BRAKE REAR AXLE REAR SUSPENSION REAR AXLE BRAKE SHOCK ABSORBERS CAB STEPS FRONT END SINGLE DRIVE AUTO SIDE LOADER BOYNTON BEACH WINDOWS AMFM RADIO AIR DRAIN BATT SHUT OFF CORNER LIGHT WHEEL BASE TRANSFER TAG NEW TAG HIGH MOUNT MIRRORS AIR ASSIST CAB PAINT ADJUSTED BID AMOUNT PETER BARBER pbarber@senraIgmc.com 772-486-2182 $180,313.00 CUMM L9 350 H.P. 66,0001.13 GVW FULL STEEL INSERT MERITOR 20,000 LBS 42S/65R22.5 16.5 X7 REFUSE RT46-160 HMX-460 46K 16.5X8 REFUSE 4 REAR DUAL PTO PREP RH SIT DOWN SIDEWINDER 31 YD SEE ATTACHED POWER RADIO CENTRAL MANIFOLD W JUMPER STUDS WIRED TO BATT CHANGE TAG TAG 8" CONVEX MIRROR POWER BLACK CAB TILT OTHER THAN WHITE SUB TOTAL OPTIONS ADD $0.00 $3,680.00 $1,704.00 INC $864.00 $39.00 $2,969.00 $714.00 $344.00 $201.00 INC $89.00 $225.00 $157,871.00 $1,551.00 $749.00 $275.00 $69.00 $219.00 $74.00 $650.00 $200.00 $300.00 $94.00 $569.00 $284.00 $244.00 $173,978.00 $3471791.00 10/18/2021 DEDUCT $6,500.00 Page 318 of 849 Florida Sheriffs Association Contract Number: FSA18-VEH 16.0 Specification: #106 District: Southern CUSTOMER CITY OF BOYNTON BEACH ORDER CODE BID QUOTE 1012002 ENGINE UPGRADE 66K 66,000GVW UPGRADE 404002 DOUBLE FRAME 3700011 FRONTAXLE 930821 FRT TIRES /WHL 7510001 FRONT AXLE BRAKE 330444 REAR AXLE 3500004 REAR SUSPENSION 7610001 REAR AXLE BRAKE 359001 SHOCK ABSORBERS 4510001 CAB STEPS 3170007 TRANSMISSION MTD 5000002 SINGLE DRIVE BODY LABRIE AUTOMIZER CAMERA OPTIONS LIGHTING OPTIONS ADDITIONAL BODY OPTIONS 5120001 WINDOWS 5900006 AMFM RADIO 71ST003 AIR DRAIN 8140003 BATT SHUT OFF 8520001 CORNER LIGHT 400000 WHEEL BASE TRANSFER TRANSFER TAG NEW TAG NEW TAG 6230006 HIGH MOUNT 6220017 MIRRORS 661002 AIR ASSIST 955002 CAB PAINT ADJUSTED BID AMOUNT PETER BARBER 1?barber@genrglgmc.com 772-486-2182 10/15/2021 GMC/LABRIE $180,313.00 ADD DEDUCT CUMM L9 350 H.P. 66,0001.8 GVW FULLSTEELINSERT MERITOR 20,000 LBS 425/651122.5 16.5 X7 REFUSE RT46-160 HMX-460 46K 16.5X8 REFUSE 4 REAR DUAL PTO PREP RH SIT DOWN ASL SEE ATTACHED SEE ATTACHED SEE ATTACHED POWER RADIO CENTRAL MANIFOLD W JUMPER STUDS WIRED TO BATT CHANGE TAG TAG 8" CONVEX MIRROR POWER BLACK CAB TILT OTHER THAN WHITE SUB TOTAL OPTIONS $0.00 $3,680.00 $1,704.00 INC $864.00 $39.00 $2,969.00 $714.00 $344.00 $201.00 INC $109.00 $225.00 $153,895.00 INC INC INC $749.00 $274.00 $69.00 $219.00 $74.00 $650.00 $200.00 $300.00 $94.00 $569.00 $284.00 $244.00 $168,470.00 $342,283.00 $6,500.00 Page 319 of 849 CUSTOMER ORDER CODE 1012002 66K 404002 3700002 371T01 930821 7510001 330444 3500004 7610001 359001 4510001 3170007 5000001 BODY OPTION OPTION OPTION OPTION 5140001 5120001 5900006 715TO03 8140003 8520001 400000 TRANSFER NEW TAG 6230006 6220017 661002 955002 GENRAL GMC TRUCKSALES & SERVICE, INC d/b/a VOLVO TRUCKS OF PALM BEACH 360 S MILITARY TRAIL WEST PALM BEACH, FL 33415 0. 561-697-8429 Florida Sheriffs Association Contract Number: FSA18-VEH 16.0 Specification: #106 District: Southern CITY OF BOYNTON BEACH BID QUOTE ENGINE UPGRADE 66,000 GVW UPGRADE DOUBLE FRAME FRONTAXLE FRONT AXLE FRT TIRES/WHL FRONT AXLE BRAKE REAR AXLE REAR SUSPENSION REAR AXLE BRAKE SHOCK ABSORBERS CAB STEPS TRANSMISSION MTD SINGLE DRIVE FRONT END LOADER CAB EXTENTION TOOLBOX ROOF ACCESS LADDER PLUMBING CAB GUARD WINDOWS AMFM RADIO AIR DRAIN BATT SHUT OFF CORNER LIGHT WHEEL BASE TRANSFER TAG NEW TAG HIGH MOUNT MIRRORS AIR ASSIST CAB PAINT ADJUSTED BID AMOUNT PETER BARBER pbarber(a ¢enralemc.com 772-486-2182 FEL $180,313.00 CUMM L9 350 H.P. 66,000LB GVW FULL STEEL INSERT MERITOR 20,000 LBS LOAD CUSHIONS 425/65R22.5 16.5 X7 REFUSE RT46-160 HMX-460 46K 16.5X8 REFUSE 4 REAR DUAL PTO PREP LH SIT DOWN HEIL HALF PACK ALUMINUM BUMPER MOUNT TAILGATE MOUNTED SERVICE LOOP FRONT POWER RADIO CENTRAL MANIFOLD W JUMPER STUDS WIRED TO BATT CHANGE TAG TAG 8" CONVEX MIRROR POWER BLACK CAB TILT OTHER THAN WHITE SUB TOTAL OPTIONS GMC/HEIL ADD $0.00 $3,680.00 $1,704.00 INC $49.00 $864.00 $39.00 $2,969.00 $714.00 $344.00 $201.00 INC $109.00 $0.00 $141,666.00 $719.00 $838.00 $2,011.00 $644.00 $364.00 $749.00 $275.00 $69.00 $219.00 $74.00 $650.00 $200.00 $300.00 $94.00 $569.00 $284.00 $244.00 $160,642.00 $334,455.00 10/15/2021 DEDUCT $6,500.00 Page 320 of 849 10/21/21, 10:00 AM Bid Award Award Report Contract: FSA20-VEH 18.0, Heavy Trucks Group: REFUSE TRUCK: 60,000 LB GVWR Cab & Chassis Only 4x6 Item: 106, Autocar, ACX64, ACX64 Zone Rank Vendor Western Primary Bachrodt FT, LLC dba Palmetto Ford of Build Alternate Miami 0.00% Alternate GENERAL GMC TRUCK SALES & $187,578.00 0.00% SERVICE, INC Options Florida Kenworth, LLC Northern Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami Alternate GENERAL GMC TRUCK SALES & SERVICE, INC Florida Kenworth, LLC Central Primary Florida Kenworth, LLC Southern Primary Bachrodt FT, LLC dba Palmetto Ford of Alternate Miami GENERAL GMC TRUCK SALES & SERVICE, INC Price Percent: File File $160,780.00 0.00% Build Options $181,924.00 0.00% Build Options $187,578.00 0.00% Build Options $159,780.00 0.00% Build Options $180,818.00 0.00% Build Options $187,578.00 0.00% Build Options $187,578.00 0.00% Build Options $154,780.00 0.00% Build Options $180,818.00 0.00% Build Options Page 321 of https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96705&in=106 849 W O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 01 p O Or4 Ch O M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CA N Ln O -t 00 O N^ p V O Gl 01 M lD lD O d N �It O -I LA O r, r�-1 0 qr tD W CL N tD rn 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LL Q m Q a LL D_ N M N r -I O r -I (n r -I n O rir-1 r -I r -I ri ri n 0 0 0 V--1 0 0 0 0 'tr0 r -I Vl c l `l 0�� 0 r -I O r -I p O M M N N 0 0 0 0 0 r4 O O N N N O O O O O O O O O O O O O O O O O O O O H 000 n n r -I ri lD O tOD 00 In N N M M LA M O O O O N n M n N ri ri M M M Ln M M O a 0 cJ O d ZD Ar -i r -I A rV In Ln r -Ii -i r -I r-1 N Nm M n M N M P, d' 00 n Ln (n W O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 O ri ri r -I ri ri r -I r -I r -I r -I r -I c -I c -I ri ri ri ci ri ri ri r -I r -I r -I ri ri c -I ri ri ri r -I ri ri Page 322 of 849 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O N O N tD w mi o0 ri w t0 tD 01 OC 01 00 O 0) 1- M I� O M O Ln N 00 cl I, M Ln � N 00 00 01 I- O n O O m N M n N M Ln NN tD O N-* 01 Mt Ln m n nm rz, n to O N ri m N M 0 M N 00 Ln M N00 N r -Ir ri r -I ^ r -I ri r -I r -I r -I r -I V ~ Z � Q 2 Ln } Q Oc o w Q 3 ❑ r OC _ ccof 0 M p[ Q 0z 00 ❑ W W Y X 01 = w N p I— ❑❑ V a Lr' X p X ccc p p oc } oc Q Q Q GC D_ Q W nl Ln w W Q�< W Q 0 o} trq X d WU CL LU J N H O_ m O N 0 CC p0[ W N= Z Z Z �0 __= w Ln 14 w 2= 0 wp Q D LeLUi H p� p~ m Q 00 O Q O O J ~ Z W } Z G O p Q W J C14 -J O W J � J � ~ H W O Q 2 �-Z LI) w❑❑ N N Z GC N❑ Z U cc cc Q❑ LL R O 0> m p Q Z Q w Q LL N cc LU Q a LLJ cc J in �c O ICC — p ii cLLJ ac > > O N m in } } } O Z J v1 cn N ❑ m N Z W Z Z O C J Z Q Q Q j `Q O J J J a Ln W N to W Z LL V Cz O Q LL W w w w C=i a o 3 a w w w W W w w u u u m Q 2¢ a V 0 0 0 V F- tD V Z Z Z 2= 2 2 1= cc W W ❑cc cc ❑ w J JO ❑ LL J JLLJ O ❑ W co r -I tD m M N M I- Q LL J J J Q O Q LL J LA w 0 O N 0 0 0 0 0 0 0 0 0 >- w O J m Ln Q LL -� LU D LU M O N O Ln � Ln m tD � '� >� CC J J LU LU Q 0 J W W ik LU Y W LU LA ca tD O Ln oo Ln 01 01 01 o0 tD 00 W w <Q 2 2 W W Z u = 2 Z Z LLI= 2 w Q Z LU W V Z tD tD tD tD W W W W W W W W tD tD tD tD W tD tD tD tD tD W W O O O O O O O O O O o O O O O O O O O O O O O O ri r -I r-1 r -I r -I a -i r -I ri r -I r -I ri r -I r -I ri r -I r -I r -I ri r-1 r -I r -I ri r -I ri Page 323 of 849 10/12/2021 r�M aiariRec#M'11 FLORIDA SHERIFF'S ASSOCIATION BID FSA 20-VEH 18.0 Heavy Trucks and Equipment Customer: CITY OF BOYNTON BEACH GRAPPLE TRUCK Specification: 60 Region: SOUTHERN Quantity Unit Cost extended Model: MV607 Base Price: 1 $ 61,122.00 $61,122.00 Contract Options: All Contract Options include a discount from manufacturer MSRP 1CAH FRAME RAILS, 120,000 PSI, 10.375"x3.705"x0.438" 1 $ 839.00 $ 839.00 1SAL CROSSMEMBER, REAR AF (1) 1 $ 95.00 $ 95.00 1WEJ WHEELBASE RANGE 175" TRHOUGH AND INCL. 254" 1 $ 285.00 $ 285.00 2ARV (2AST) AXLE, FT, NON DRIVE, MERITOR MFS14-122, 14K Ib.CAI 1 $ 417.00 $ 417.00 3ADD SUSP., FT. SPRING PARABOLIC TAPERED LEAF, 14K Ib. CAP 1 $ 541.00 $ 541.00 4EBT (4EDN) AIR DRYER, BENDIX AD -IP WITH HEATER 1 $ 430.00 $ 430.00 4WWZ DRAIN VALVE (3) WITH PULL CHAIN FOR AIR TANKS 1 $ 86.00 $ 86.00 8RPS AM/FM/WB/CLOCK/BLUETOOTH/AUX INPUT 1 $ 395.00 $ 395.00 8RMH BATTERY DISCONNECT SWITCH (COLE-HERSEE 75920-06) 1 $ 144.00 $ 144.00 8THB BACKUP ALARM 1 $ 98.00 $ 98.00 8WPZ TEST EXT. LIGHTS, PRE -TRIP INSPECTION 1 $ 34.00 $ 34.00 8WRB HEADLIGHTS ON WITH WIPERS 1 $ 34.00 $ 34.00 8WTK STARTING MOTOR, (DELCO-REMY 38MT Type 300) 1 $ 158.00 $ 158.00 8WXB HEADLIGHT WARNING BUZZER 1 $ 40.00 $ 40.00 8XCH ALARM PARKING BRAKE NOT ENGAGED, HORN SOUNDS 1 $ 34.00 $ 34.00 10VAA KEYS ALL ALIKE, ADDITIONAL 3 KEYS 1 $ 47.00 $ 47.00 10WCU FIRE EXTINGUISHER 1 $ 98.00 $ 98.00 10WCY SAFETY TRIANGLE KIT 1 $ 38.00 $ 38.00 12EKA 12ERL - ENGINE, DIESEL CUMMINS B6.7 300HP 1 $ 4,009.00 $ 4,009.00 12XAT ENGINE CONTROL, REMOTE MOUNTED PROVISION 1 $ 37.00 $ 37.00 13AVR TRANSMISSION, AUTOMATIC ALLISON 3000RDS, 6SP, DBL OD 1 $ 5,203.00 $ 5,203.00 13WYH TRANSMISSION TCM LOCATION, INSIDE CAB 1 $ 115.00 $ 115.00 16SDC GRAB HANDLE,(2) CHROME WITH ANTISLIP RUBBER INSERT 1 $ 193.00 $ 193.00 27DUL 27DPN FT. WHEELS(ACCURIDE 29039)STEEL 22.5'x9.00" 1 $ 167.00 $ 167.00 60AAA 60AAG-BODY INT. REMOTE POWER MODULE 1 $ 564.00 $ 564.00 7702540190 315/80R 22.5" J -RATED UNISTEEL G291 GOODYEAR 1 $ 274.00 $ 274.00 3RD PARTY Due to market conditions, 3rd Party Bodies are subject to price increase 1 $ 6,350.00 $ 6,350.00 TI -3-20 PETERSEN TI -3-2012030 STD. BODY-REQ.60AAA 1 $ 86,200.00 $ 86,200.00 HDX2030 HARDOX BODY UPG. FOR PETERSEN TI -3 2030 1 $ 4,988.00 $ 4,988.00 4CST 4 CORNER STROBES 1 $ 1,050.00 $ 1,050.00 TBU3618 UNDER BODY TOOL BOX 1 $ 595.00 $ 595.00 NEWTAG NEW CITY TAG 1 $ 250.00 $ 250.00 MVNXTGN MV607 NEXT GEN 2023 MODEL UPGRADE 1 $ 679.00 $ 679.00 Non -Contract Options: All Non -Contract Options include a discount from manufacturer MSRP 14051 - AXLE, REAR, SINGLE (MERITOR RS -23-160) 23K Ib. CAPACITY 1 $ 755.00 $ 755.00 14VAH - REAR SUSPENSION, 23,500LB. CAP. 1 $ 82.00 $ 82.00 Total: $ 176,446.00 $ 176,446.00 **Florida Waste Tin: Fee 6 $ 1.00 $ 6.00 **Florida Waste Battery Fee 2 $ 1.50 $ 3.00 Total Purchase Order Amount: $ 176,446.00 7 ,44 .W **included in base price Cab Color: WHITE Body Color:BLACK Prepared By: Authorized Agent Signature: Bill Darty Carlos Correa Rechtien Intemational Date Signed: 3787 Interstate Park Rd. Riviera Beach, FL 33404 office: 561-882-9050 cell: 954.422.4760 fax: 561-882-0218 email: ccorrea@rechtien.com Page 324 of 849 10/6/2021 Rechtien International Trucks, Inc FLORIDA SHERIFF'S ASSOCIATION CONTRACT - FSA 20-VEH 18.0 Heavy Trucks Customer: CITY OF BOYNTON BEACH REAR LOADER TRUCK Specification: Region: SOUTHERN Quantity Unit Cost extended Model: 60 Base Price: 1 $ 61,122.00 $61,122.00 Contract Options: All Contract Options include a discount from manufacturer MSRP 1CAG FRAME RAILS, 120,000 PSI 1 $ 697.00 $ 697.00 2ARW (2ASC)AXLE, FRONT, NON -DRIVING (MERITOR MFS -12-143) 12,0001-6 1 $ 303.00 $ 303.00 3ADC SUSPENSION, FRONT, PARABOLIC, 12,000LB 1 $ 150.00 $ 150.00 4EBT (4EDN) AIR DRYER (BENDIX AD -IP) 1 $ 430.00 $ 430.00 4VBC (4VLE) AIR DRYER LOCATION MOUNTED UNDER HOOD 1 $ 57.00 $ 57.00 4722 DRAIN VALVE (BENDIX DV -2) AUTOMATIC, WITH HEATER 1 $ 135.00 $ 135.00 5708 TILTING STEERING WHEEL COLUMN 1 $ 102.00 $ 102.00 10WCU FIRE EXTINGUISHER 1 $ 98.00 $ 98.00 10WCY SAFETY TRIANGLE 1 $ 38.00 $ 38.00 10771 PAINT CLASS, SINGLE CUSTOM COLOR 1 $ 572.00 $ 572.00 10943 EXTRA KEYS 1 $ 39.00 $ 39.00 12ERJ ENGINE, CUMMINS B6.7 260 HP. 1 $ 2,850.00 $ 2,850.00 12XAT ENGINE CONTROL, REMOTE MOUNTED PROVISION 1 $ 37.00 $ 37.00 13AVL TRANSMISSION, AUTOMATIC, ALLISON 350ORDS 1 $ 5,136.00 $ 5,136.00 14AET AXLE, REAR, DRIVE (DANA 21060S), 21,000LB 1 $ 100.00 $ 100.00 14SZB (14SAN) SUSPENSION, REAR, 21,000LB CAPACITY 1 $ 170.00 $ 170.00 15LNG FUELNVATER SEPARATOR WITH HEATER 1 $ 442.00 $ 442.00 16SDC GRAB HANDLE, EXTERIOR (2), MOUNTED ON B -PILLAR 1 $ 193.00 $ 193.00 60AAA (60AAG) BODY INTEGRATION POWER MODULE 1 $ 564.00 $ 564.00 7372135809 11R 22.5 TIRES LOAD RANGE G 6 $ 89.00 $ 534.00 NEWTAG COUNTY/CITY TAG 1 $ 250.00 $ 250.00 MVNXTGN MV607 NEXT GEN 2023 MODEL 1 $ 679.00 $ 679.00 3rd PARTY Due to current market conditions, body are subject to price increase 1 $ 3,065.00 $ 3,065.00 RS -3 GRAPPLE PETERSEN RS -3 Rear Steer Loader Grapple 1 $ 122,788.00 $ 122,788.00 Non -Contract Options: All Non -Contract Options include a discount from manufacturer MSRP $ - Total: $ 200,106.00 $ 200,551.00 *"Florida Waste Tire Fee $ 1.00 $ - "Florida Waste Battery Fee $ 1.50 $ - Total Purchase Order Amount: ""included in base price $ 200,106.00 $ 200,551.06" - Cab Color: BLUE (CUSTOM) Body Color: BLUE Prepared By: Authorized Agent Signature: Carlos Correa Rechtien International Date Signed: 3787 Interstate Park Rd. Riviera Beach, FL 33404 office: 561-882-9050 cell: 954.422.4760 fax: 561-882-0218 email: ccorrea@rechtien.com Page 325 of 849 10/21/21, 10:01 AM Award Report Bid Award Contract: FSA20-VEH18.0, Heavy Trucks Group: CAB AND CHASSIS TRUCKS: 30,000 LB GVWR Cab & Chassis (DRW) 4X2 Item: 60, International, MV, 607 Build Options Zone Rank Vendor Price Percent: File File Western Primary Cumberland International Trucks, $62,365.00 0.00% Build Options LLC Northern Primary Cumberland International Trucks, $61,325.00 0.00% Build Options LLC Central Primary Sun State International Trucks $61,109.00 0.00% Build Options Alternate Cumberland International Trucks, $61,325.00 0.00% Build Options LLC Southern Primary Rechtien International Trucks, Inc. $61,122.00 0.00% Build Options Page 326 of https://www.myvendorlink.comlcommon/awardreportzonenooptionsitem.aspx?sid=96705&in=60 8 1 Page 327 of 849 /77 i, ,,,,,,,,,: iii, / ���� �� �� �� �j / �j ///���/%� ...., ..... ,,; „„ , ,i ilii /�� /� ,1111 spec codedescription ...... ..... FSA Price 60 0001CAE FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.125" x 3.580" x 0.312" (257.2mm x 421 90.9mm x 8.Omm); 460.0" (11684mm) Maximum OAL 60 0001CAG FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.250" x 3.610" x 0.375" (260.4mm x 697 91.7mm x 9.5mm); 456.0" (11582mm) Maximum OAL 60 0001CAH FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.375" x 3.705" x 0.438" (263.5mm x 839 94.1mm x 11.1mm); 456.0" (11582mm) Maximum OAL 60 0001CBE FRAME RAILS High Strength Low Alloy Steel (80,000 PSI Yield); 10.250" x 3.092" x 0.375" 325 (260.4mm x 78.Smm x 9.5mm); 420.0" (10668mm) Maximum OAL; for Drop Frame Beverage Application Only 60 0001CGJ PTO EFFECTS, FRAME (Navistar) Lower Flange Trim for PTO Clearance 307', 60 0001GBP FRAME REINFORCEMENT Outer "C" Channel, Heat Treated Alloy Steel (120,000 PSI Yield); 1472' 10.813" x 3.892" x 0.312"; (274.6mm x 98.9mm x 8.Omm); 480.0" (12192mm) Maximum CAL 60 0001LNN BUMPER, FRONT Contoured, Steel, Chrome Plated 335 60 0001SAL CROSSMEMBER, REAR, AF (1) 95 60 0001SAM CROSSMEMBER, REAR, AF (2) 186 60 0001WAC BUMPER EXTENSION, FRONT 4.0" 41 60 0001 WDR FRAME EXTENSION, FRONT Bolt On Type; 20" In Front of Grille, without Crossmember 181 6O 0001WEJ W}PEELSASE RANGE 175" (505cm) Through and Including 254" (645cm) 285 60 0001WEK WHEELBASE RANGE 256" (650cm) Through and Including 311" (790cm) 468 60 0001 W RS FRAME EXTENSION, FRONT Bolt On Type; 20" In Front of Grille, with Crossmember 1265 60 157'2 ,TOW HOOK, REAR (2) 61 1. 60 0002ARV AXLE, FRONT NON -DRIVING {Meritor MFS -14-143A) Wide Track, I -Beam Type, 14,000 -Ib 426 Capacity 60 I0002ARW AXLE, FRONT NON -DRIVING {Meritor MFS -12-143A) Wide Track, I -Beam Type, 12,000 -Ib 303 Capacity 60 0003ADC SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 12,000 -Ib Capacity, with 150 Shock Absorbers 60 0003ADD SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 14,000 -Ib Capacity, with 541 Shock Absorbers 160 0002ARU AXLE, FRONT NON -DRIVING {Meritor MFS -16-143A) Wide Track, I -Beam Type, 16,000 -Ib 1494 Capacity requires option code HV 4 x 2 60 0003ADE SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 16,000 -Ib Capacity, with 231 Shock Absorbers requires option code HV 4 x 2 603770 SPRINGS, FRONT AUXILIARY Rubber 91 60 0004AZJ AIR BRAKE ABS {Bendix Antilock Brake System) Full Vehicle Wheel Control System (4 -Channel) 643 with Automatic Traction Control 60 0004AZS AIR BRAKE ABS {Bendix Antilock Brake System) with Electronic Stability Program (4 -Channel; 4 2345 Sensor/4 Modulator) with Automatic Traction Control 60 00104EBT APR, DRYER (Bendix AD -IP) with Heater 430 60 10004VBCAIR DRYER LOCATIONS MOUNTED UNDER HOOD 57 60 0004VJL AM DRYER LOCATION Mounted Outside Left Rail, 51" Back of Cab 65 60 4V 000KJ AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab, 41 Perpendicular to Rail _ 60 0004VKW AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Right Rail, Back of Cab, Parallel to 484 Rail 60 0004WWZ DRAIN VALVE (3) with Pull Chains for Air Tanks 86 60 0004WXS TRAILER HOSES AND CABLES Coiled, Nylon Hose, 15' Working Length, 36" Tractor Lead Length, 97' 12" Trailer Lead Length, Aluminum Glad Hands with Rubber Seals, Lighting Cable with Nylon Plug 60 4619 TRAILER CONNECTIONS Four -Wheel, with Hand Control Valve and Tractor Protection Valve, for 443 Straight Truck Page 327 of 849 60 4692 HOSE TENDER Flexible Pogo Stick Type 298 60 4722 DRAIN VALVE {Bendix DV -2) Automatic, with Heater, for Air Tank 135 60 4809 HOSE TENDER Slide Bar with Double Spring Bracket; Bar Extended 4.0" From Cab 117 60 4092 BRAKE SYSTEM, AIR Dual System for Tractor Applications -78 60 0005PRV STEERING GEAR {TRW (Ross) THP601 Power 226 60 0005PSM STEERING GEAR {Sheppard HD941 Power 98 60 5708 STEERING COLUMN Tilting 102 60 5710 STEERING COLUMN Tilting and Telescoping 379 60 0006DGC DRIIVf LIME SYSTEM {Dana Spicer} SPL170, for 4x2/6x2 500 60 0007BE5 AFTERTREATMENT COVER Polished Aluminum 407' 60 0007BEU AFTERTREATMENT COVER Aluminum 227 60 0007BKP EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Right Side Under 949' Cab, for Single Short Horizontal Tail Pipe, Frame Mounted Right Side Back of Cab 60 0007BKS EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Right Side Under 1740 Cab, for Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab I 60 0007BLB EXHAUST SYSTEM Single, Horizontal Aftertreatment Device, Frame Mounted Under Right Rail 1772 Back of Cab, for Single Vertical Tail Pipe, Frame Mounted Right Side Back of Cab 60 0007SCP ENGINE EXHAUST BRAKE for Cummins ISB/B6.7/ISL/L9 Engine with Variable Vane Turbo Charger 150 60 0007SDP ENGINE COMPRESSION BRAKE {Jacobs} for Cummins ISL/L9 Engines; with Selector Switch and 1743 On/Off Switch 60 0007WAY 1WL PIPE (1) Straight Type, Bright 170 60 0007WAZ ITAIL PIPE (1) Turnback Type 52 60 0007'WBA TAIL PIPE (1) Turnback Type, Bright 170 60 0007WBS MUFFLER/TAIL PIPE GUARD (1) Bright Stainless Steel 109 60 0007WCW TAIL PIPE (1) Horizontal, Short, Exits Right Side, 90 Degree Turnout 98 60 0007WZX SWITCH, FOR EXHAUST 3 Position, Momentary, Lighted Momentary, ON/CANCEL, Center Stable, 46 INHIBIT REGEN, Mounted in IP Inhibits Diesel Particulate Filter Regeneration When Switch is Moved to ON While Engine is Running, Resets When Ignition is Turned OFF 60 0008GGG ALTERNATOR {Delco Remy 36SI} Brushless, 12 Volt 165 Amp. Capacity, Pad Mount, with Remote 401 Voltage Sensor 60 0008GXB ALTERNATOR {Leece-Neville AV1160P2003) Brush Type; 12 Volt 240 Amp. Capacity, Pad Mount, 410 with Remote Sense 60 0008GXC ALTERNATOR (Leece-Neville AV1160P2007) Brush Type; 12 Volt 210 Amp. Capacity, Pad Mount, 330 with Remote Sense 60 0008GXK ALTERNATOR {Leece-Neville BLP4006HN} Brushless,12 Volt 325 Amp. Capacity, Pad Mount, 1110 with Remote Sense 60 0008HAA BODY BUILDER WIRING To Rear of Frame, with Stop, Tail, Turn, and Marker Lights Circuits, 267 Ignition Controlled Auxiliary Feed and Ground, Less Trailer Socket 60 0008HAH ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; for Combined 297 Trailer Stop, Tail, Turn, Marker Light Circuits; Includes Electric Trailer Brake Accommodation Package with Cab Connections for Mounting Customer Installed Electric Brake Unit, Less Trailer Socket 60 0008HAH ELECTRIC TRAILER BRAKE/LIGHTS Accommodation Package to Rear of Frame; for Combined 297 Trailer Stop, Tail, Turn, Marker Light Circuits; Includes Electric Trailer Brake Accommodation Package with Cab Connections for Mounting Customer Installed Electric Brake Unit, Less Trailer Socket 60 0008HBE WIRING, SPECIAL Altec Body Pre -Wire for Power Distribution Module, Cab Pass Thru for 102 Pin 635 Connector 60 0008MJU BATTERY SYSTEM {Fleetrite} Maintenance -Free, (3) 12 -Volt 2850CCA Total, Top Threaded Stud 231 60 0008MSG ....... ........ . BATTERY SYSTEM {Fleetrite} Maintenance -Free, (3) 12 -Volt 1980CCA Total, Top Threaded Stud 84 60 0008RMH BATTERY DISCONNECTS ITCH{Cole-Hersee 75920 06} 300 Amp; Battery Box Mounted, 144 Disconnects Charging Circuits, Locks with Padlock Page 328 of 849 60 0008RPS AM/FM/WB/Clock/Bluetooth/USB Input/Auxiliary Input 395 60 0008RMZ SPEAKERS (2) 6.5" Dual Cone Mounted in Both Doors, (2) 5.25" Dual Cone Mounted in Both B- 113 Pillars C0 00,18T` B ABACK-UP ALARM Electric, 102 dBA 98 60 0008TKC STOP, TURN, TAIL & B/U LIGHTS {Truck Lite) Super 44, with LED Lights for Stop, Turn and Tail 173 Lights, Truck Lite Super 40 Lamps for Backup Lights, Less Power Module, Includes License Plate Light, Includes Separate Rear Reflectors, Less Rubber Mount 60 0008TKK TRAILER AUXILIARY FEED CIRCUIT for Electric Trailer Brake Accommodation/Air Trailer ABS; 101 with 30 Amp Fuse and Relay, Controlled by Ignition Switch 60 0008TMG TRAILER CONNECTION SOCKET 7-Way; Mounted at Rear of Frame, Wired for Turn Signals 359 Combined with Stop, Compatible with Trailers That Use Combined Stop, Tail, Turn Lamps I 60 0008TPA DATA RECORDER Includes Display Mounted in Overhead Console 0008TPL COLLISION MITIGATION SYSTEM (Bendix Wingman Advanced) Adaptive Cruise Control with Collision Mitigation and Stationary Object Alert; Includes Front Antenna, Driver Display [f144760 60 0008TPR STOP, TURN, TAIL & B/U LIGHTS {Weldon) LED Multi-Function Lamp, Mounted Outside Rails, 146 Includes License Plate Light 60 0008TPU COLLISION MITIGATION SYSTEM {Bendix Wingman Fusion) Adaptive Cruise Control w/Collision 2770 Mitigation & Stationary Vehicle Braking, Stationary Object Alert, Lane Departure Warning, Alert & Action; Includes Front Radar & Camera, Driver Display, Lane Departure ,Overspeed Warning Switch & Speakers; Safety Direct Capability, less Safety Direct Cable 60 0008TRS STOP, TURN, TAIL & B/U LIGHTS (Grote) Multi-Function, Sealed, SuperNova LED Lights for Stop, 183 Turn and Tail Lights, Incandescent Backup Lights, Includes LED License Plate Light 60 0008TS6 COLLISION WARNING SYSTEM {Bendix BlindSpotter) Side Object Detection System; Includes 1190 Right Side Antenna & Side Display 60 0008VBA POWER SOURCE, SPECIAL for Customer Installed Lift Gate; 200 Amp Max, Includes 00ga. Power 389 Cable to End of Frame, Optional Power (PDM) for Power Source, Latched Switch on Instrument Panel, with a Time Out Feature, Battery Discharge Protection, Controlling a Mag Switch Which Provides Power 60 0008VUN BATTERY BOX Aluminum, with Plastic Cover, 2-4 Battery Capacity, Mounted Left Side 525 Perpendicular to Frame Rail, 53" Back of Cab 60 0008VUY BATTERY BOX Steel, with Plastic Cover, 25" Wide, 2-3 Battery Capacity, Mounted Left Side Back 62 of Cab 60 0008WAA LIGHT, WORK (Truck Lite 81 Series) LED, Pedestal Mounted, Back of Cab, with Switch on 138 Instrument Panel 60 0008WBW JUMP START STUD Remote Mounted 137 60 0008WDG BACK-UP ALARM (Preco 10591 Electronic; Solid State, Dual Function, 112 dBA 172 60 0008WGL WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest Intermittent Speed When Park 34 Brake Set and Wipers Left on for a Predetermined Time 60 0008WLL LIGHT, WORK Pedestal Mounted, Back of Cab, with Switch on Instrument Panel 97 60 0008WPZ TEST EXTERIOR LIGHTS Pre-Trip Inspection will Cycle all Exterior Lamps Except Back-up Lights 34 60 0008WRB HEADLIGHTS ON W/WIPERS Headlights Will Automatically Turn on if Windshield Wipers are 34 turned on 60 0008WTK STARTING MOTOR (Delco Remy 38MT Type 300112 Volt; less Thermal Over-Crank Protection 158 60 0008WXB HEADLIGHT WARNING BUZZER Sounds When Head Light Switch is on and Ignition Switch is in 40 "Off" Position 60 0008WXD ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner When Vehicle Park Brake is 34 "NOT" Set, with Ignition "OFF" and any Door Opened 60 OOO8WXG STARTING MOTOR (Mitsubishi Electric Automotive America 105P)12-Volt, with Soft-Start 123 60 0008WZP INDICATOR, BATTERY WARNING Green BATTERY ON Indicator, Mounted on Left Side of 48 Instrument Panel, To be Used with Factory Installed or Customer Mounted Battery Disconnect Switch Page 329 of 849 60 0008XDU BATTERY BOX Steel, with Aluminum Cover, 14" Wide, 2-3 Battery Capacity, Mounted Left Side 377 Under Cab 60 10008XHC ALARM, PARKING BRAKE Electric Horn Sounds in Repetitive Manner when Vehicle Park Brake is 34 "NOT" Set, with Ignition "ON" or "OFF" and any Door Opened 60 0008XHV BATTERY DISCONNECT SWITCH for Cab Power Disconnect Switch; Cab Mounted, Disconnects 243 Power to Power Distribution Center (PDC) and Body Builder Through Solenoid, Does Not Disconnect Charging Circuits; Locks with Padlock 60 BATTERY BOX Steel, with Plastic Cover, 25" Wide, 2-3 Battery Capacity, Mounted Right Side, 16" 129 �0008XKA Back of Cab 0008XKC HEADLIGHTS Halogen, with Daytime Running Lights, Automatic Twilight Controlled 47 SWITCH, AIR HORN, PASSENGER Fire Truck Application; Momentary Switch Located in 47 r60 �0008XKM Instrument Panel Close to Passenger, Driver Also To Activate Switch with Lanyard 0008XPA HEADLIGHTS LED, with Daytime Running Lights, Automatic Twilight Controlled 689 8718 POWER SOURCE Cigar Type Receptacle without Plug and Cord 25 60 0009HBM GRILLE Stationary, Chrome 140 60 0009WAC BUG SCREEN Mounted Behind Grille 107 60 0010BAE LABEL, DEF "DEF ONLY" 7 60 0010EWW FIFTH WHEEL, STATIONARY {Fontaine SL6FMA-D64-217.69" Above Top of Frame, Left Hand 1306 Release 60 0010VAA KEYS - ALL ALIKE, ADDITIONAL 3 Keys 47 60 �0010WPR MUD FLAP HOLDER Spring Loaded, Painted Black; with Red and White Reflective Tape; Less 86 Flaps 60 0010" PY MUD FLAPS, REAR Black Rubber, Anti -Sail Less Logo; Less Holders 77 60 0010'WTR QUAR-rER FENDERS for Rear Wheels, Black Plastic; Frame Mounted 154 60 10010WUE MUD FLAPS, FRONT WHEELS (2) Rubber, Behind Front Wheels, Mounted on Fender Extension 62 60 0010WCU FIRE EXTINGUISHER {Cinglar) 98 60 iOO10WCY SAFETYTRIANGLES 38 60 110771 PAINT CLASS Single Custom Color 572 60 10943 KEYS - ALL ALIKE Fleet - Includes Ignition and Cab Door Keys 39 60 0012ESM ENGINE, DIESEL (Cummins L9 330) EPA 2021, 330HP @ 2000 RPM, 1000 Ib -ft Torque @ 1400 7721 RPM, 2200 RPM Governed Speed, 330 Peak HP (Max) 60 0012ESN ENGINE, DIESEL(Cummins L9 350) EPA 2021, 350HP @ 2000 RPM, 1150 Ib -ft Torque @ 1400 9781 '60 RPM, 2200 RPM Governed Speed, 350 Peak HP (Max) 6012ERG ENGINE, DIESEL {Cummins B6.7 2401 EPA 2021, 240HP @ 2400 RPM, 560 Ib -ft Torque @ 1600 1472 RPM, 2600 RPM Governed Speed, 240 Peak HP (Max) 60 0012ERJ ENGINE, DIESEL {Cummins B6.7 2601 EPA 2021, 260HP @ 2400 RPM, 660 Ib -ft Torque @ 1600 2850 RPM, 2600 RPM Governed Speed, 260 Peak HP (Max) 60 0012ERL ENGINE, DIESEL {Cummins B6.7 3001 EPA 2021, 300HP @ 2600 RPM, 660 Ib -ft Torque @ 1600 4009 RPM, 2600 RPM Governed Speed, 300 Peak HP (Max) 60 0012THJ FAN DRIVE (Horton Drivemaster) Automatic On/Off Type, with Normally Closed Temperature 356 Control 60 0012THT FAN DRIVE {Horton Drivemaster) Direct Drive Type, Two Speed with Residual Torque Device for 535 Disengaged Fan Speed � 60 Ot:DJ.;t dPW OIG. PAN Fxte n ed Service Interval, 19 Quart Capac0y, For Curxrmins ISB/B6.7 Engines 234 0012XAT ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder 37 �60 Installation of PTO Controls; with Ignition Switch Control for Cummins ISB/B6.7 or ISL/1-9 Engines 60 0013AAZ AUTOMATIC NEUTRAL Allison WT, 3000 & 4000 Series Transmission Shifts to Neutral When 28 Parking Brake is Engaged 60 0013ASY TRANSMISSION, AUTOMATIC {Allison 2500 EVS) 5th Generation Controls, Wide Ratio, 6 -Speed 666 with Double Overdrive, with PTO Provision, Less Retarder, with 33,000 -Ib GVW and GCW Max Page 330 of 849 60 0013AUK TRANSMISSION, AUTOMATIC {Allison 3000 EVS} 5th Generation Controls, Close Ratio, 6 -Speed 6452 with Double Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor 60 0013AVL TRANSMISSION, AUTOMATIC {Allison 3500 RDS} 5th Generation Controls, Wide Ratio, 6 -Speed 5136 with Double Overdrive, with PTO Provision, Less Retarder, includes Oil Level Sensor, with 80,000' Ib GVW and GCW Max, On/Off Highway 600013AVR TRANSMISSION, AUTOMATIC {Allison 3000 RDS} 5th Generation Controls, Close Ratio, 6 -Speed 5203 with Double Overdrive, with PTO Provision, Less Retarder, Includes oil Level Sensor, with 80,000 Ib GVW and GCW Max, On/Off Highway 60 0013WEH AUTOMATIC NEUTRAL Allison WT Transmission Shifts to Neutral When Parking Brake is 105' Engaged and Remains in Neutral When Parking Brake is Disengaged, without On/Off Switch 60 0013WVB ALLISON SPARE INPUT/OUTPUT for Emergency Vehicle Series (EVS), Rescue, Ambulance, 105 Package Number 170, Includes J1939 Based Auto Neutral 60 0013WYH TRANSMISSION TCM LOCATION Located Inside Cab 115' 60 AXLE, REAR, SINGLE {Dana Spicer 21060S} Single Reduction, Hypoid Gearing, 21,000 -Ib Capacity, 100' �0014AET 200 Wheel Ends 60 0014AHE AXLE, REAR, SINGLE {Dana Spicer 21060D} Single Reduction, 21,000 -Ib Capacity, Driver Control 1637 Locking Differential, 200 Wheel Ends 60 0014AHG AXLE, REAR, SINGLE {Dana Spicer S23-190} Single Reduction Hypoid Gearing, 23,000 -Ib 1920 Capacity, R Wheel Ends e 60 0014AHH AXLE, REAR, SINGLE {Dana Spicer 523-190D} Single Reduction, Hypoid Gearing, 23,000 -Ib 4547 Capacity, Driver Control Locking Differential, R Wheel Ends 60 0014AHL AXLE, REAR, SINGLE {Dana Spicer S26-190} Single Reduction, 26,000 -Ib Capacity, R Wheel Ends 2923 60 0014AHW AXLE, REAR, SINGLE {Dana Spicer S26 -190D} Single Reduction, 26,000 -Ib Capacity, Driver 434 Controlled Locking Differential, R Wheel Ends 60 0014SCE SUSPENSION, REAR, SINGLE 31,000 -Ib Capacity, Vari-Rate Springs, with (3) Torque Rods 1442 60 0014SZB SUSPENSION, REAR, SINGLE 23,000 -Ib Capacity, Vari-Rate Springs, with (3) Torque Rods 170 60 0014SZB (SPRINGS, REAR AUXILIARY Multileaf; 4,500 -Ib Capacity 120 60 0014TAX SUSPENSION, REAR, AIR, SINGLE {Hendrickson HAS 230} 23,000 -Ib Capacity, 9.5" Ride Height 1945 with Shock Absorbers 60 0014TAY SUSPENSION, REAR, AIR, SINGLE {Hendrickson HAS 230} 23,000 -Ib Capacity, 10.6" Ride Height, 2118 with Shock Absorbers 60 0014TBS SUSPENSION, REAR, AIR, SINGLE {International IROS} 21,000 -Ib Capacity, 9.25" Ride Height, with 1114 Shock Absorbers 60 SUSPENSION, REAR, AIR, SINGLE {Hendrickson HAS 230124,500 -lb Capacity, 9.5" Ride Height, 2534 �0014TDD with Shock Absorbers 60 0014VAJ SUSPENSION, REAR, SINGLE 31,000 -Ib Capacity, Vari-Rate Springs, with 4500 -Ib Capacity 220 Auxiliary Rubber Springs 60 0014VBJ SUSPENSION, REAR, SINGLE 24,500 -Ib Capacity, Vari-Rate Springs, with 4500 -Ib Capacity 143 Auxiliary Rubber Springs 60 0014WA SHOCK ABSORBERS, REAR (2) 140 60 00,14WAS SUSPENSION LEVELING VALVE Dual Height; One Additional, for Air Ride Suspension 123 60 14881 DIFFERENTIAL, LOCKING {Detroit Locker} No -Spin; for Meritor Rear Axles; Not with Meritor 185 1279 & 186 Family of Axles 60 14899 SUSPENSION AIR CONTROL VALVE Pressure Release Control In Cab 133 60 00156AA DEF TANK COVER Stainless Steel 190, 60 0015DZT FUEL TANK (2) Top Draw, Non -Polished Aluminum, D -Style, 16" Tank Depth, 40 US Gal (1511.) 867 Left Side; 50 US Gal (189L) Right Side; Total Capacity 90 US Gal (340L), Mounted Left and Right Side, Under Cab 60 0015DZY FUEL TANK (2) Top Draw, Polished Aluminum, D -Style, 19" Tank Depth, 50 US Gal (189L); Total 1365 Capacity 100 US Gal (378L), Mounted Left Side Under Cab and Right Side Back of Cab 60 0015LNG FUEL/WATER SEPARATOR {Davco 245} 12 VDC Electric Heater, Includes Pre -Heater, Includes 442 Water -in -Fuel Sensor 60 0015SGD FUEL TANK Top Draw, Non -Polished Aluminum, D -Style, 19" Tank Depth, 100 US Gal (379L), 327 Mounted Left Side, Under Cab Page 331 of 849 60 0015SGG FUEL TANK Top Draw, Non-Polished Aluminum, D-Style, 19" Tank Depth, 70 US Gal (265L), 205 Mounted Left Side, Under Cab 60 0015SXJ FUEL TANK Top Draw, Non-Polished Aluminum, 24" Dia, 50 US Gal (189L), Mounted Left Side, 238 require for clean CA Under Cab _ 60 0015WCN DEF TANK 5 US Gal (19L) Capacity, Frame Mounted Outside Left Rail, Under Cab 146 60 0015WC.S FUEL COOLER Less Thermostat; Mounted in Front of Cooling Module 226 60 0015WDL DEF TANK 7 US Gal (26L) Capacity, Frame Mounted Outside Left Rail, Back of Cab 73 60 001.6CAB CAB Conventional, Extended 3112 60 0016GHU GAUGE CLUSTER Premium Level; English with English Speedometer and Tachometer, for Air 399 Brake Chassis, Includes Engine Coolant Temperature, Primary and Secondary Air Pressure, Fuel and DEF Gauges, Oil Pressure Gauge, Includes 5 Inch LCD Color Display 60 0016GHU GRAB HANDLE, CAB INTERIOR (2) Safety Yellow 27 60 0016GHV GRAB HANDLE, CAB INTERIOR (4) Safety Yellow, Crew Cab 52 60 0016HCL SEATBELT WARNING PREWIRE Includes Seat Belt Switches and Seat Sensors for all Belted 1212 Positions in the Cab and a Harness Routed to the Center of the Dash for the Aftermarket Installation of the Data Recorder and Seatbelt Indicator Systems, for 4 to 6 Seat Belts 60 0016HGH GAUGE, OIL TEMP, AUTO TRANS for Allison Transmission 39 60 0016HHE GAUGE, AIR CLEANER RESTRICTION {Filter-Minder} with Black Bezel, Mounted in Instrument 25 Panel 60 0016HKE GAUGE, LOAD INDICATING REAR Text Message in Cluster Display, for use with Rear Air 105 Suspension 60 0015H'LR VIRTUAL GAUGE, AIR APPLICATION Requires Premium Cluster 47 60 0016HLU VM l-UAL GA, OIL TEMP,AUTO XMSN for Allison Transmission, Requires Premium Cluster 39 60 0016HMB GAUGE, AIR CLEANER RESTRICTION (Fleetguard) LED Air Restriction Indicator, Under Hood Air 103 Cleaner Mounted, with 20" of Water Calibration Set Point 60 0016JNT SEAT, DRIVER (National 20001 Air Suspension, High Back with Integral Headrest, Vinyl, Isolator, 1 95 Chamber Lumbar, with 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust 60 0016KAW SEAT, TWO-MAN PASSENGER (National} Vinyl, with Under Seat Storage Compartment 536 60 0016UY SEAT, REAR (National 2000) Three Individual Seats, NFPA Compliant, Air Suspension, High Back, 2129 Vinyl, Isolator, with 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Lumbar, with 18" Wide Cushion and 20" Seat Back 60 0016LKA SEAT, REAR (National 2000)Two Individual Outboard Seats, NFPA Compliant, Air Suspension, 1457 High Back, Vinyl, Isolator, with 2 Position Front Cushion Adjustment, -3 to +14 Degree Seat Back Adjustment, Lumbar, with 18" Wide Cushion and 20" Seat Back 60 0016LPC SEAT, PASSENGER (Seats, Inc. Universal Series) NFPA Compliant, Air Suspension, High Back, 646 Vinyl with Covered Back and International Logo on Headrest for Fire Truck 60 0016LUM SEAT, PASSENGER (National) Non Suspension, High Back with Integral Headrest, Vinyl, with 423 Fixed Back, with Under Seat Storage 60 0016rpv SEAT, PASSENGER (National 2000) Air Suspension, High Back with Integral Headrest, Vinyl, 415 Isolated, 1 Chamber Lumbar, 2 Position Front Cushion Adjustment, -3 to +14 Degree Back Adjust 60 0016SAP GRAB HANDLE, ADDITIONAL EXT (1) Chrome; Towel Bar Type with Anti-Slip Rubber Insert; 96 Mounted Left Side on Exterior, Rear of Rear Door, with Crew Cab 60 0016SDC GRAB HANDLE (2) Chrome Towel Bar Type with Anti-Slip Rubber Inserts; for Cab Entry, Mounted 193 Left and Right, Each Side at "B" Pillar 60 0016SDD GRAB HANDLE, ADDITIONAL EXT (2) Chrome; Towel Bar Type with Anti-Slip Rubber Inserts; 193 Mounted Left and Right Side on Exterior, Rear of Rear Doors, with Crew Cab 60 0016SDH MIRROR, CONVEX, HOOD MOUNTED (Lang Mekra) (1) Right Side, Black, 7.5" Sq. 57 60 0016SDZ MIRROR, CONVEX, HOOD MOUNTED (Lang Mekra) (2) Right and Left Side, Bright, 7.5" Sq. 155 60 0016SEA MIRROR, CONVEX, HOOD MOUNTED (Lang Mekra) (1) Right Side, Bright, 7.5" Sq. 78 60 0016SED GRAB HANDLE (2) Black, Aluminum; for Cab Entry Mounted Left and Right each Side at "B" Pillar 71 60 0016SET GRAB HANDLE, ADDITIONAL EXT (2) Black Anodized Aluminum for Cab Entry, Mounted Left and 71' Right Side on Exterior, Rear of Rear Doors; with Crew Cab Page 332 of 849 60 0016SJV MIRROR, CONVEX, HOOD MOUNTED {Lang Mekra) (1) Right Side, Bright, Heated 145' 60 0016SJW MIRROR, CONVEX, HOOD MOUNTED {Lang Mekra) (2) Right and Left Sides, Black, Heated, 7.5" 217 Sq. 60 00165JX MIRROR, CONVEX, HOOD MOUNTED {Lang Mekra) (2) Right and Left Sides, Bright, Heated, 7.5" 319 Sq. 60 16SMH r SEAT, TWO-MAN PASSENGER (National) Fixed Back, Integrated Headrest in Both Occupant 471 Positions, Vinyl, with Under Seat Storage Compartment 60 0016SML SEAT, TWO-MAN PASSENGER {National) Fixed Back, Integrated Headrest in Both Occupant 493 Positions, Vinyl, Less Under Seat Storage Compartment 60 0016SMM SEAT, PASSENGER {National) Non Suspension, High Back, Fixed Back, Integral Headrest, Vinyl 325 60 0016SMP SEAT, TWO-MAN PASSENGER {National) Vinyl, Less Under Seat Storage Compartment 453 60 0016JAJ SEAT, PASSENGER {H.O. Bostrom Tanker 450) for SCBA with SecureAll Locking System, Non- 1413 Suspension, High Back, Vinyl, Adjusters, 7 -Degree Back Angle, with Covered Back, International Logo on Headrest 60 0016SMT SEAT, REAR {National) BENCH; Full Width; Vinyl, with Fixed Back and Two Integral Outboard 683 Headrests 60 0016JJG SEAT, DRIVER (H.O. Bostrom Sierra Air 100) NFPA Compliant, Air Suspension, High Back, Vinyl 299 with Covered Back and International Logo on Headrest, for Fire Truck 60 0016SNM MIRRORS (2) C -Loop, Heated, Black Heads and Arms, 7.5" x 14" Flat Glass, Includes 7.5" x 7" 103 Convex Mirrors, for 102" Load Width 608 0016SNN MIRRORS (2) C -Loop, Heated, Bright Heads, Black Arms, 7.5" x 14" Flat Glass, Includes 7.5" x 7" 168 Convex Mirrors, for 102" Load Width 60 0016SNP MIRRORS (2) C -Loop, Power Adjust, Heated, Black Heads and Arms, 7.5" x 14" Flat Glass, 218 Includes 7.5" x 7" Convex Mirrors, for 102" Load Width 60 �00115 1 IN I R MIRRORS (2) C -Loop, Power Adjust, Heated, LED Clearance Lights, Bright Heads and Arms, 7.5" x 361 14" Flat Glass, Includes 7.5" x 7" Convex Mirrors, for 102" Load Width 60 0016SNS MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Black Heads and Arms, 6.5" x 14" Flat Glass, 285 Includes 6.5" x 6" Convex Mirrors, for 102" Load Width 60 0016SNT MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Turn Signals, Black Heads and Arms, 6.5" x 378' 14" Flat Glass, Includes 6.5" x 6" Convex Mirrors, for 102" Load Width 60 10016SNU MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Bright Heads, Black Arms, 6.5" x 14" Flat 349 Glass, Includes 6.5" x 6" Convex Mirrors, for 102" Load Width 60 0016SNV MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Turn Signals, Bright Heads, Black Arms, 6.5" 441 x 14" Flat Glass, Includes 6.5" x 6" Convex Mirrors, for 102" Load Width 60 0016SNW MIRROR, CONVEX, LOOK DOWN Right Side, Black, 6" x 10.5" 40 60 00165NX MIRROR, CONVEX, LOOK DOWN Right Side, Bright, 6" x 10.5" 47 60 0016SPE SEAT, PASSENGER {National Model HP) RoIITek Equipped, Air Suspension, High Back, Mordura 5412 Cloth, 2 Arm Rests, Isolator, 7" Adjuster, 3 Chamber Lumbar, 6 Way Front Adjust, 3 Way Rear Cushion Adjust, -3 to 14 Degree Back Angle Adjustment, Adj. Side Bolster, Back Cycler, Non Swivel 60 0016SPG _ SEAT, PASSENGER {National Model HP) RoIITek Equipped, Air Suspension, High Back, Vinyl, 2 5364 Arm Rests, Isolator, 7" Adjuster, 3 Chamber Lumbar, 6 Way Front Adjust, 3 Way Rear Cushion Adjust, -3 to 14 Degree Back Angle Adjustment, Adj. Side Bolster, Back Cycler, Non Swivel 60 0016SPH SEAT, PASSENGER {National Model HP) RoIITek Equipped, Air Suspension, High Back, Vinyl 5597 Boxing/ Leather Facing, 2 Arm Rests, Isolator, 7" Adjuster, 3 Chamber Lumbar, 6 Way Front Adjust, 3 Way Rear Cushion Adjust, -3 to 14 Degree Back Angle Adjustment, Adj. Side Bolster, Back Cycler, Non Swivel 60 0016SPJ MIRRORS (2) C -Loop, Power Adjust, Heated, LED Clearance Lights, Bright Heads and Arms, 7" x 407 14.5", Includes 8" x 6" Convex Mirrors, for 96" Load Width _ 60 0016VBS CONSOLE, CENTER Polypropylene, with One Coin Holder, One Cup Holder and One Thermos 52 Holder, with Laptop PC or Clipboard Storage, Includes small Storage Area 60 l0016VCB SEAT BELT All Red; 4 to 6 41 60 0016VCC SEAT BELT All Orange; 4 to 6 41 Page 333 of 849 60 0016VEX CONTROLS, CENTER PANEL Includes Ignition Switch, Headlights and Power Mirror Controls 544 Located in Center Panel 60 0016VKK CAB INTERIOR TRIM Diamond, for Day Cab 448 60 10016VKL CAB INTERIOR TRIM Diamond, for Extended Cab 433' 60 0016VKM CAB INTERIOR TRIM Diamond, for Crew Cab 612' 60 0016VLK _ CAB REAR SUSPENSION Air Suspension, for Mid Cab Height 468 60 0016WBY ARM REST, RIGHT, DRIVER SEAT ........ 32 60 0016WBZ ARM REST, LEFT, PASSENGER SEAT 32 60 0016WEE CAB SOUND INSULATION Includes Dash Insulator and Engine Cover Insulator 74 60 0016WJU WINDOW, POWER (2) and Power Door Locks, Left and Right Doors, Includes Express Down 300 Feature 60 0016WJV WINDOW, POWER (4) And Power Door Locks, Front and Rear Doors, Left and Right, Includes 708 Express Down Feature 60 0016W M HOURMETER, PTO for Customer Provided PTO; with Indicator Light and Hourmeter in Gauge 113 Cluster Includes Return Wire for PTO Feedback Switch 60 0016WSL MIRROR, CONVEX, HOOD MOUNTED (Lang Mekra) (2) Right and Left Sides, Black 7.5" Sq. 112 60 0016WZZ ARM REST, PASSENGER REAR for Inboard Arm Rest on Crew Cab 41 60 0016XJP INSTRUMENT PANEL Wing Panel 272 60 0016XTK ACCESS, CAB Bright Aluminum, Driver & Passenger Sides, Two Steps per Door, for use with Day 532 Cab or Extended Cab 60 0016XWD SUNSHADE, EXTERIOR Aerodynamic, Painted Roof Color; Includes Integral Clearance/Marker 207 ....COWL Lights _.. O 0011.6X. 0... TRAY LID 164'. 60 0016XYV ACCESS, CAB Bright Aluminum, Driver & Passenger Sides, Two Steps per Door, for use with Crew 1452 Cab 60 0016ZHM ACCESS, CAB AND FRAME Steel, Driver & Passenger Sides, Two Steps per Door; Left Side Frame 302 Access Step, Includes One Flush Mounted Deck Plate and Black Grab Handle, for use with Day Cab, Extended Cab or Sleeper Cab 60 16136 AIR CONDITIONER, PROVISION FOR Accommodation Package, for Air Conditioning, Includes 683' Auxiliary Compressor in Secondary Position and Compressor Drive Effects for Vehicle with Primary Compressor Mounting 60 16196 CAB Conventional 6 -Man Crew Cab 7693 60 0027DUL WHEELS, FRONT (Accuride 29300) DISC; 22.5x9.00 Rims, Powder Coat Steel, S -Hand Hole, 10- 167 Stud, 285.75mm BC, Hub -Piloted, Flanged Nut, with Steel Hubs 60 0027DVN WHEELS, FRONT (Accuride 426441 DISC; 22.5x8.25 Rims, Standard Polish Aluminum, 10 -Stud, 409 285.75mm BC, Hub -Piloted, Flanged Nut, with Steel Hubs 60 0028DUL WHEELS, REAR (Accuride 29300) DUAL DISC: 22.5x9.00 Rims, Powder Coat Steel, 5 -Hand Hole, 372 10 -Stud, 285.75mm BC, Hub -Piloted, Flanged Nut, with Steel Hubs 60 0028DVN WHEELS, REAR (Accuride 426441 DUAL DISC; 22.5x8.25 Rims, Standard Polish Aluminum, 10-853 Stud, 285.75mm BC, Hub -Piloted, Flanged Nut, with Steel Hubs 60 0040SYS SRV CONTRACT, EXT VEH COVERAGE (Navistar) To 60-Month/150,000 Miles (240,000 km), 2126 Excludes Extended Warranty for Engine and Transmission 60 I0040SYS SRV CONTRACT, EXT CMS ENG/AFTR f Cummins) To 60-Month/150,000 Miles (240,000 km), 2289 Extended Cummins L9 Engine Coverage, Protection Plan 1 and Aftertreatment 60 0060AAA 113DY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, Up to 6 Outputs 564 & 6 Inputs, Max 20 amp per Channel, Max 80 amp Total; Includes 1 Switch Pack with Latched Switches 60 7372135423 111122.5 Load Range G HDR2 (CONTINENTAL), 491 rev/mile, 75 MPH, Drive 242 60 7372135429 111122.5 Load Range G ECOPLUS HS3 (CONTINENTAL), 495 rev/mile, 75 MPH, All -Position 191. 60 7372135809 111122.5 Load Range G AH37 (HANKOOK), 501 rev/mile, 75 MPH, All -Position 89. 60 7372135810 111122.5 Load Range G DH37 (HANKOOK), 498 rev/mile, 75 MPH, Drive 157 60 7372138135 111122.5 Load Range G ENDURANCE LHD (GOODYEAR), 493 rev/mile, 75 MPH, Drive 262' 60 7372138136 111122.5 Load Range G ENDURANCE LHS (GOODYEAR), 501 rev/mile, 75 MPH, All -Position 229' 60 07702540190 315/801122.5 Load Range J UNISTEEL G291 (GOODYEAR), 491 rev/mile, 75 MPH, All -Position 274 Page 334 of 849 GO 60 60 60 07382155415 0040SZE 004OPTY 004011131< 121122.5 Load Range H HSR2 (CONTINENTAL), 483 rev/mile, 75 MPH, All -Position SRV CONTRACT, EXT CMS ENG/AFTR (Cummins) To 60-Month/150,000 Miles (240,000 km), Extended Cummins L9 Engine Coverage, Protection Plan 1 and Aftertreatment SRV CONTRACT, EXT VEH COVERAGE (Navistar) To 60-Month/150,000 Miles (240,000 km), Excludes Extended Warranty for Engine and Transmission SERVICES, TOWING (Navistar) Service Call to 60-Month/Unlimited Mileage to the Nearest Navistar Dealer for Navistar Warrantable Failure as Contract Defined; Includes Engine Failure if Supplier Declines Tow Coverage & ESC Supplied thru Navistar; $550 (USA) Maximum Benefit per Incident 74 4578 2126 1308 60 0040TVU SRV CONTRACT, EXT ALLISON XMSN (Allison) To 60-Month/Unlimited Miles/km, for Allison 1033 3000 RDS with Utility or Other Vocations (ST08, ST17-ST22, T1701, TT02, TT05, AG04, SP01, SP03- SP05) 60 Newtag New State Tag ( specify state, county, city, sheriff, etc) 250 60 MVNXTGN MV607 NEXT GEN 2023 MODEL UPGRADE 679 60 IHV4x2 HV4x2 2330 60 HV 4x4 HV 4x4 all wheel drive 18087 60 RESCUE SPEC Rescue chassis spec option 4125 60 3rd party Due to current market conditions all 3rd Party bodies will be subject to a price increase at 0 requested time of proposal 60 6133HC Knapheide Line Body or equal, 133" length, 50" body height, 94" width, 18" deep 18519 compartments, 29" floor to compartment top, standard bumper, painted white. For 84" CA & 122.5" wheels. 60 EC5000 5,000 Ib. Telescopic Service Crane, Stellar or equal. Includes crane and boom support "ONLY". 24329 For appropriate crane body. 60 �EC6000 6,000 Ib. Telescopic Service Crane, Stellar or equal. Includes crane and boom support "ONLY". 26970 For appropriate crane body. 60 K-7621 Hydraulic Service/Telescopic crane, 7,500 lbs. max w/ double line, double-acting cyclinders 21333 w/integral holding valves, boom support, wireless remote with back up pendant control. For KMT -2 crane body, with 84" Clean C.A. & minimum 25,500 GVWR. 60 K-10621 Hydraulic Service/Telescopic crane, 10,000 Ib. max w/double-acting cyclinders w/integral 24513 holding valves, boom support, wireless remote with back up pendant control. For KMT -2 crane body, with 84" Clean C.A. & minimum 25,500 GVWR. 60 BOSS36 Boss 36 CFM hydraulic compressor with Reelcraft 50'x1/2" hose reel and roller fairlead through 15198 the right rear compartment FLR system and underbody air tank included with compressor. Requires KMT -2 crane body. To quote as independent unit call dealer. 60 UDC BOSS PTO Underdeck PTO driven Air compressor: Boss 8060-UBI, from 100 cft up to 185 cfm. Reelcraft 50' 23555 by 1/2" hose reel and roller fairlead thru right rear comp.,FLR system. Requires KMT -2 crane body. To quote as independent unit call dealer. 60 SOBL Spray -in liner (Rhino, Line -X or approved equivalent) 2100 Commercial grade spray -on bed liner applied to cargo floor, sides, compartment tops, bulkhead, tailgate & rear bumper. For crane body or utility bodies up to 11 ft long. Call for pricing on different bodies. 50_w TBU3618 Under body mounted steel tool box. 36"x18"x18" 595 50 TSU4818 Ur, e, body mounted steel tool box. 48"x18"x18 665 0 TBU6018 Under body mounted steel tool box. 60"x18"x18" 735 60 4CST 4 corner strobes 1050 60 BUC UPG Back Up camera + Left & Right Blind Spot Cameras, 7%CD monitor (Ask Dealer for details) 1890 60 BUC Back Up camera with 5" LCD monitor (rear mounted camera to provide wide angle field of 1044 vision at rear of vehicle) - dealer installed. 60 PINTLE15 15 TON PINTLE HOOK, d -rings Require code 4619 or 8HAH 1540 60 PINTLE20 20 TON PINTLE HOOK, d -rings Requires code 4619 or 8HAH 1680 60 12FB 12 ft. flat stake body, 40" sides all around 10150 60 14FB 14 ft. flat stake body 40" sides all around 11203 60 16FB 16 ft. flat stake body 40" sides all around 12335 Page 335 of 849 60 20F9 20 ft. flat stake body 40" sides all around 14630 6Cb 2.fsB », 2 ft. flat stake body 40" sides all around 16030' 60 16 TL.TRASH 16' Steel Trash Dump, 48" sides, Barn Door Tailgate, Electric Tarp. 20699 0 16 LMTRASH 16" Aluminum Trash Dump, 48" sides, Barn Door Tailgate, Electric Tarp. 24500 60 1.2,`D 1.2' Contractor Dump Body, 14" sides, elect. Tarp 18669 60 14CD 1�1' Contractor Dump Body, 14" sides, elect. tarp 19579 60 16CD 16' Contractor Dump Body, 14" sides, elect. Tarp 20769 60 18CD 18' Contractor Dump Body, 14" sides, elect. Tarp 21637 60 5/6 DB 5 to 6 cu. yd. 10' Dump Body, 24" sides, elec. tarp, 2 -way air tailgate 18179 60 16DV 16 ft. Dry Van body, aluminum, wood floor, roll -up rear door 11543 60 20DV 20 ft. Dry Van body, aluminum, wood floor, roll -up rear door 13223 60 22DV 22 ft. Dry Van body, aluminum, wood floor, roll -up rear door 13859 60 24DV 24 ft. Dry Van body, aluminum, wood floor, roll -up rear door 14638 60 26DV 26 ft. Dry Van body, aluminum, wood floor, roll -up rear door 15399 60 2KLG WALTCO or equal 2,0001b. capacity Tuck -Away lift gate 4893 60 3KLG or equal 3,3001b. capacity Tuck -Away lift gate 7273 60 14ALMCHIPPERminum Chipper Body 78" high sides/ 3/16 smooth floor 26650 60 14STLC HIPPER'Chipper F-ALTECBody, 72" High, Steel, prunner/ladder box, L -Cross Tool Box, for 120" Clean 4327860 KMT -2 echanics truckll' crane body with torq-isolator crane support system. Exclusive 12 42171 stage K- oat protection, (6) recessed cargo tie -downs in floor - 6,000# capacity, LED stop/tail/turn lights and backuplights. 24" work surface bumper with thru compartment, vise plate & pintle mount plate (pintle not included). PTO, hydraulic pump for crane, hydraulic reservoir with guard. Master Locking System, Cab Protector, (4) halogen work lights installed, hydraulic out/hydraulic outriggers and 97db audible alarm included. 60" high side packs with 3 -pt T -handles. 7 drawer unit gas bottle retainer vented top & bottom. Requires clean 84" CA. 60 WT2000STL Water Tanker 2000 gal., steel,650gpm pump, 4 corner spray heads, For 33,000 GVW and 136" 35420 CA. 60 TL3-18 Petersen TL3 loader w/ 1824 TBS std body, hose guards, grating shield, self winding tarp, HDHI 77486 strobes requires codes 60AAA, Allison 3000 series minumum 33GVW 60 TL3-20 Petersen TL3-20 with 2030 Std Body, hose guards, grating shield, self winding tarp,HDHI strobes 86200 requires codes 60AAA, Allison 3000 series minumum 37GVW 60 HDX1824Hardox Body Upgrade for Petersen TL3 1824 4988 60 HDX2030 IHardox Body Upgrade for Petersen TL3 2030 4988 60 DMS2000 STRATOS DMS 2000 Asphalt Distributor, 2,000 gal. emulsion sprayer, 350,000 BTU burner. For 72068 minimum 25,999GVW and 120" CA. ask dealer for details 60 BRSHHAWG Grapple Brush Hawg C -Model (multi -lever), 18' Dump Body, requires code 60AAA, minimum 1- 83917 33,OOOGVW & Allison 3000 Series RDS transmission 60 HD TCM425 HD Industries Pro -Patch TCM425, propane heater (see dealer for options) requires minimum 93696 33,OOOGVW & Allison 3000 Series RDS transmission 60 ALTEC LR756 Altec LR756 Overcenter Aerial Device, chipper body requires code 60AAA,minimum 107835 33,00OGVW. requires Allison 3000 Series RDS transmission 60 ALTEC L42A Altec L42A, Insulated Aerial Device, service body requires code 60AAA, minmum 33,000GVW. 118418 requires Allison 3000 Series RDS transmission 60 COLXL COLUSSUS XL EXCAVATOR TRUCK. Including: Excavator arm with bucket, digging deph max 132465 10'3",180' rotation & hydraulic stabilizers. 14 ft. steel body with side skirts, Right hand vertical compartment for tall tool storage & underbody tool boxes. Hydraulic tool circuit with reel. STANLEY hydraulic tool set including: STANLEY Trash Pump TP03, Ground Compactor TA57, Hammer BR87, Circular Saw CO25, Impact Wrench IW 12, Mounted Breaker MB 256, Mounted Compactor HS3000. 60 RS -3 Grapple RS -3 Rear Steer Loader Grapple, for 90" CA + requires code 60AAA,minimum 122788 33,OOOGVW.requires Allison 3000 Series RDS transmission 60 FPS BRGKP Bergkamp FPS flameless pothole patcher minimum 35,000GVW requires Allison 3000 Series 113707 RDS transmission Page 336 of 849 60 WT2000Po1y�2000 Poly water tank, 750 GPM Pump 4 corner spray heads, minimum 33,000 GVW requires 44836 Allison 3000 Series RDS Transmission 60 20CYRL Heil Rear loader 20YD New way Cobra, minimum 33,000 GVW requires Allison 3000 Series RDS 66150 Transmission Page 337 of 849 cs° F®v \ N Source weII d ��.,,�pUHCHA5lNG5� ,/ RFP #031121 REQUEST FOR PROPOSALS for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Proposal Due Date: March 11, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government agency and service cooperative, is requesting proposals for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [htt)s: ro, ortal.sourcgwell-mn. ov . Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than March 11, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered. Solicitation Schedule Public Notice of RFP Published: Pre -proposal Conference: Question Submission Deadline: Proposal Due Date: Opening: January 19, 2021 February 11, 2021, 10:00 a.m., Central Time March 4, 2021, 4:30 p.m., Central Time March 11, 2021, 4:30 p.m., Central Time Late responses will not be considered. March 11, 2021, 6:30 p.m., Central Time ** ** SEE RFP SUB -SECTION V. G. "OPENING" Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 1 Page 338 of 849 I. ABOUT SOURCEWELL PARTICIPATING ENTITIES A. SOURCEWELL Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative contracting solutions from which Sourcewell's Participating Entities procure equipment, products, and services. Cooperative contracting provides participating entities and vendors increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted vendors' potential pool of end users. Sourcewell uses a website -based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted. B. USE OF RESULTING CONTRACTS In the United States, Sourcewell's contracts are available for use by: • Federal and state government entities; • Cities, towns, and counties/parishes; • Education service cooperatives; • K-12 and higher education entities; • Tribal government entities; • Some nonprofit entities; and • Other public entities. In Canada, Sourcewell's contracts are available for use by: • Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly -funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Calgary, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 2 Page 339 of 849 Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; Members of the Rural Municipalities of Alberta (RMA) and their represented Associations, Saskatchewan Association of Rural Municipalities (SARM), Saskatchewan Urban Municipalities Association (SUMA), Association of Manitoba Municipalities (AMM), Local Authority Services (LAS), Municipalities Newfoundland and Labrador (MNL), Nova Scotia Federation of Municipalities (NSFM), and Federation of Prince Edward Island Municipalities (FPEIM). For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country's listing): hjLtLs:Z/www.sourceweII- tp9.Eov sourcewelljor:yf�ndors aenc -locator. Access to contracted equipment, products, or services by Participating Entities is typically through a purchase order issued directly to the applicable vendor. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources. To meet Participating Entities' needs, public notice of this RFP has been broadly published, including notification in the United States to each state -level procurement department for possible re -posting. Proof of publication will be available at the conclusion of the solicitation process. I1. E UIPMENT PRODUCTS AND SERVICES A. SOLUTIONS -BASED SOLICITATION This RFP and contract award process is a solutions -based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards. B. RE UESTED E UIPMENT PRODUCTS OR SERVICES It is expected that Proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative. 1. Sourcewell is seeking proposals for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services, to include: Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 3 Page 340 of 849 a. Lawn and garden equipment, tools, attachments, and accessories for all types of lawn, field and turf care, golf course maintenance, landscape maintenance, sidewalk and walking path maintenance, parking lot maintenance, and snow removal; b. Irrigation systems, equipment, parts, and related installation and maintenance services; c. Beach and waterfront maintenance equipment and accessories; and d. Accessories, parts, and services related to the solutions described in subsection 1.a. - c. above, including maintenance or repair, and warranty programs. However, this solicitation should NOT be construed to include "service -only" solutions. Proposers may include related services to the extent that these solutions are complementary to the offering of the equipment and products being proposed. 2. The primary focus of this solicitation is on Grounds Maintenance Equipment, Attachments, and Accessories. This solicitation should NOT be construed to include equipment principally intended or designed for highway, road, right-of-way or sewer maintenance. 3. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell: a. Roadway Maintenance Equipment with Related Accessories, Attachments, Materials, and Supplies (RFP #052417) b. Snow and Ice Handling Equipment, Supplies, and Accessories (RFP #080818) c. Portable Construction Equipment with Related Accessories and Attachments (RFP#041719) d. Ag Tractors with Related Attachments, Accessories, and Supplies (RFP #110719) Proposers may include related equipment, accessories, and services to the extent that these solutions are complementary to the equipment, products, or service(s) being proposed. Generally, the solutions for Participating Entities are turn -key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third - party contractors, to properly install and bring to operation the equipment or products being proposed. Sourcewell prefers vendors that provide a sole source of responsibility for the products and services provided under a resulting contract. If Proposer requires the use of dealers, resellers, or subcontractors to provide the products or services, the Proposal should address how the products or services will be provided to Participating Entities and describe the network of dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract. Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 4 Page 341 of 849 Sourcewell desires the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities. C. RE UIREMENTS It is expected that Proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities. 1. Safetv Re uirements. All items proposed must comply with current applicable safety or regulatory standards or codes. 2. Deviation fronL!Rdustry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services. 3. New E ui ment and Products. Proposed equipment and products must be for new, current model; however, Proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal. 4. Delivered and operational. Unless clearly noted in the Proposal, equipment and products must be delivered to the Participating Entity as operational. 5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better. D. ANTICIPATED CONTRACT TERM Sourcewell anticipates that the term of any resulting contract(s) will be four (4) years. Up to two one-year extensions may be offered based on the best interests of Sourcewell and its Participating Entities. E. ESTIMATED CONTRACT VALUE AND USAGE Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $85 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed. F. MARKETING PLAN Proposer's sales force will be the primary source of communication with Participating Entities. The Proposer's Marketing Plan should demonstrate Proposer's ability to deploy a sales force or dealer network to Participating Entities, as well as Proposer's sales and service capabilities. It is expected that Proposer will promote and market any contract award. Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 5 Page 342 of 849 G. ADDITIONAL CONSIDERATIONS, 1. Contracts will be awarded to Proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP. 2. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the Proposal. Sourcewell reserves the right to verify Proposer's information and may request clarification from a Proposer, including samples of the proposed equipment or products. 3. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory. 4. A Proposer's documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal. E. PRICING A. RE UIREMENTS All proposed pricing must be: 1. Either Line -Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these: a. Line -item Pricing is pricing based on each individual product or services. Each line must indicate the Vendor's published "List Price," as well as the "Contract Price." b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer's Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any Contract resulting from this RFP. 2. The Proposer's ceiling price (Ceiling price means that the proposed pricing will be considered as the highest price for which equipment, products, or services may be billed to a Participating Entity). However, it is permissible for vendors to sell at a price that is lower than the contracted price; 3. Stated in U.S. and Canadian dollars (as applicable); and 4. Clearly understood, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity's location). Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 6 Page 343 of 849 Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the Proposer. Additionally, Proposers should clearly describe any unique distribution and/or delivery methods or options offered in the Proposal. B. ADMINISTRATIVE FEES Proposers are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entities for all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative. F. CONTRACT Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the Proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the Proposal being disqualified from further review and evaluation. To request a modification to the Contract terms, conditions, or specifications, a Proposer must complete and submit the Exceptions to Terms, Conditions, or Specifications table, with all requested modifications, through the Sourcewell Procurement Portal at the time of submitting the Proposer's Proposal. Exceptions must: 1. Clearly identify the affected article and section, and 2. Clearly note what language is requested to be modified. Unclear requests will be automatically denied. Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded vendor for signature. If a Proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell's sole discretion, the contract award may be revoked. G. RFP PROCESS A. PRE -PROPOSAL CONFERENCE Sourcewell will hold an optional, non -mandatory pre -proposal conference via webcast on the date and time noted on page one of this RFP and on the Sourcewell Procurement Portal. The Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 7 Page 344 of 849 purpose of this conference is to allow potential Proposers to ask questions regarding this RFP and Sourcewell's competitive contracting process. Information about the webcast will be sent to all entities that have registered for this solicitation opportunity .through their Sourcewell Procurement Portal Vendor Account. Pre -proposal conference attendance is optional. B. QUEsnONS REGARDING THIS RFP AND ORAL COMMUNICATION Questions regarding this RFP must be submitted through the Sourcewell Procurement Portal. The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions. All questions, whether specific to a Proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the Proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline. C. ADDENDA Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential Proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda. Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the Proposer by checking the box for each addendum. It is the responsibility of the Proposer to check for any addenda that may have been issued up to the solicitation due date and time. If an addendum is issued after a Proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the Proposer's proposal status to INCOMPLETE. The Proposer can view this status change in the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account. The Proposer is solely responsible to check the "MY BIDS" section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its Proposal (and up to the Proposal due date). If the Proposer's Proposal status has changed to INCOMPLETE, the Proposer is solely responsible to: I) make any required adjustments to its proposal; ii) acknowledge the addenda; and iii) ensure the re -submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above. D. PROPOSAL SUBMISSION Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 8 Page 345 of 849 Proposer's complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the Proposer's sole responsibility to ensure that the proposal is received on time. It is recommended that Proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a Proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock. In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to twenty-four (24) hours to respond to certain issues. Upon successful submission of a proposal, the Portal will automatically generate a confirmation email to the Proposer. If the Proposer does not receive a confirmation email, contact Sourcewell's support provider at su ort bidsandtenders.ca. To ensure receipt of the latest information and updates via email regarding this solicitation, or if the Proposer has obtained this solicitation document from a third party, the onus is on the Proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity. Within the Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the Proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, Proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award. The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the Proposer to remedies available by law. E. GENERAL PROPOSAL REaUIREMENTS Proposals must be: • In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected. • Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English. • Valid and irrevocable for 90 days following the Proposal Due Date. Any and all costs incurred in responding to this RFP will be borne by the Proposer. F. PROPOSAL WITHDRAWAL Prior to the proposal deadline, a Proposer may withdraw its proposal. Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 9 Page 346 of 849 G. OPENING The Opening of Proposals will be conducted electronically through the Sourcewell Procurement Portal. A list of all Proposers will be made publicly available in the Sourcewell Procurement Portal after the Proposal Due Date, but no later than the Opening time listed in the Solicitation Schedule. To view the list of Proposers, verify that the Sourcewell Procurement Portal opportunities list search is set to "All" 'or "Closed." The solicitation status will automatically change to "Closed" after the Proposal Due Date and Time. H. EVALUATION AND AWARD A. EVALUATION It is the intent of Sourcewell to award one or more contracts to responsive and responsible Proposer(s) offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of Proposers that Sourcewell determines is necessary to meet the needs of Participating Entities. Factors to be considered in determining the number of contracts to be awarded in any category may include the following: • The number of and geographic location of: o Proposers necessary to offer a comprehensive selection of equipment, products, or services for Participating Entities' use. o A Proposer's sales and service network to assure availability of product supply and coverage to meet Participating Entities' anticipated needs. Total evaluation scores. The attributes of Proposers, and their equipment, products, or services, to assist Participating Entities achieve environmental and social requirements, preferences, and goals. Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell's knowledge about a specific vendor or product. B. AWARD(S) Award(s) will be made to the Proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP. Sourcewell may request written clarification of a proposal at any time during the evaluation process. Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (available in the Sourcewell Procurement Portal): Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 10 Page 347 of 849 Conformance to RFP Requirements 50 Financial Viability and Marketplace Success 75 Ability to Sell and Deliver Service 100 Marketing Plan SO Value Added Attributes 75 Warranty 50 Depth and Breadth of Offered Equipment, Products, or Services 200 Pricing _400 TOTAL POINTS 1000 C. PROTESTS OF AWARDS Any protest made under this RFP by a Proposer must be in writing, addressed to Sourcewell's Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O. Box 219, Staples, MN 56479. The protest must be received no later than 10 calendar days' following Sourcewell's notice of contract award(s) or non -award and must be time stamped by Sourcewell no later than 4:30 p.m., Central Time. A protest must include the following items: • The name, address, and telephone number of the protester; • The original signature of the protester or its representative; • Identification of the solicitation by RFP number; • A precise statement of the relevant facts; • Identification of the issues to be resolved; • Identification of the legal or factual basis; • Any additional supporting documentation; and • Protest bond in the amount of $20,000, except where prohibited bylaw or treaty. Protests that do not address these elements will not be reviewed. D. RIGHTS RESERVED This RFP does not commit Sourcewell to award any contract and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the Proposer may be rejected. Sourcewell reserves the right to: • Modify or cancel this RFP at any time; • Reject any and all proposals received; • Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 11 Page 348 of 849 • Independently verify any information provided in a Proposal; • Disqualify any Proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity's state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect; • Waive or modify any informalities, irregularities, or inconsistencies in the proposals received; • Clarify any part of a proposal and discuss any aspect of the proposal with any Proposer; and negotiate with more than one Proposer; • Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and • Award a contract to one or more Proposers if it is in the best interest of Participating Entities. E. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the Proposer's responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell will not consider the prices submitted by the Proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a Proposer is not considered trade secret under the statutory definition. The Proposer understands that Sourcewell will reject proposals that are marked confidential or nonpublic, either substantially or in their entirety. Rev. 2/2020 Sourcewell RFP #031121 Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Page 12 Page 349 of 849 wK Est. 9417 Sold To: City of Boynton Beach Attn: Mr. Bill Darty 222 NE 9th Ave Boynton Beach, FL 33435 Via Email: dartyw@bbfl.us Quotation I Date: 10/07/21 Quote # Q88253-1 Terms N30 Toro Pricing per Sourcewell National Program Contract # 031121-TTC Terms: All prices quoted FOB Deerfield Beach unless otherwise indicated. The preceding pricing is valid for 10 Days. Prices and incentives based upon complete package purchase. Prices include assembly where applicable and accessability to parts and service manuals. Timing of delivery may vary and is subject to manufactures availability. Purchaser is responsible for applicable taxes and duties. No credit card payments on equipment purchases. Quotation Provided By: RECTOR TURF Jason Dupree Account Representative Government and Municipals Page 350 of 849 Sourcewell 7�� 1/19/2021 Addendum No. 1 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is there a line item copy of this bid? Answer 1: Sourcewell utilizes a competitive, solutions -based solicitation approach that is not based on detailed specifications or finite quantities. A proposer can propose its entire line of equipment, products, and services failing within the requested equipment, products, and services as described in the RFP. Question 2: Is this the successor to Sourcewell Contract #062117? Answer 2: Each opportunity posted to the Sourcewell Procurement Portal represents a separate and distinct competitive solicitation. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 1/19/2021, is required at the time of proposal submittal. Page 351 of 849 Sourcewell 7 1/20/2021 Addendum No. 2 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Is there a way to publish the list of questions outlined in Tables 1-15 so bidders can review and access them off-line? Answer 1: After selecting "Start Submission", a proposer may navigate to Step 4 — "Preview Bid" and select "Preview My Bid in PDF" if a downloadable PDF of the questionnaire tables is desired. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 1/20/2021, is required at the time of proposal submittal. Page 352 of 849 Sourcewell � 1/21/2021 Addendum No. 3 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: We are a factory authorized dealer/distributor for products used in construction, agricultural, golf, municipal and mining industries. Would Sourcewell add these products to the RFP for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services? Answer 1: Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). Only those products and services within the scope of the RFP will be included in any contract awarded by Sourcewell as a result of this solicitation. Sourcewell does not anticipate an amendment of the description of requested equipment, products, and services in RFP Section II. B. Question 2: Does this RFP include the equipment that can go into the water to remove weeds and debris along the edges of beaches and waterfront? Answer 2: Sourcewell utilizes a competitive, solutions -based solicitation approach that is not based on detailed specifications. Each proposer, in its discretion, will propose the equipment, products, and services that it deems to fall within Sourcewell's requested equipment, products, and services as described in RFP Section II. B (Requested Equipment, Products and Services). Page 353 of 849 End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 1/21/2021, is required at the time of proposal submittal. Page 354 of 849 rl Sourcewell 0%?i' 2/2/2021 Addendum No. 4 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Clarify what data is needed for Table 3, Question 19, sales volume? Would you like this as an average overall or per contract? Answer 1: It is left to the discretion of each proposer to determine and articulate the response that best represents their current or previous contract volumes. Individual proposals are evaluated based on the criteria stated in the RFP. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/2/2021, is required at the time of proposal submittal. Page 355 of 849 Sourcewell 7 2/12/2021 Addendum No. 5 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: For references in Table 4, are you just asking for customer types that bought from us before or customers that have bought from us but did not use Sourcewell? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. So, it is left to the discretion of each proposer to determine the information necessary to best demonstrate their marketplace success and that they are willing to include. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/12/2021, is required at the time of proposal submittal. Page 356 of 849 Sourcewell 7 2/16/2021 Addendum No. 6 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: In Table 5, Sourcewell asks for a list of our top five government or education customers, including the size of transactions and dollar volumes from the past three years. We consider this information confidential. Can we use "Confidential" in the required fields and still be considered a responsive responder? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information that they are willing to include and that is necessary to best demonstrate their marketplace success. Proposals are evaluated according the scoring criteria stated in the RFP on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/16/2021, is required at the time of proposal submittal. Page 357 of 849 r sourcewell 7' � ly% 2/17/2021 Addendum No. 7 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: For financial information and the Dunn and Bradstreet report, will the most current on file be suitable as our year end? The 2020 reports will not be complete until after the bid due date? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information necessary to best demonstrate their financial viability/success and that they are willing to include. Proposals are evaluated on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/17/2021, is required at the time of proposal submittal. Page 358 of 849 Sourcewell 7 2/22/2021 Addendum No. 8 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. RFP Amendment: As the result of a formatting error, several Section headings of the RFP document were mislabeled at the time of publication. The following listed RFP Section headings are revised to delete the erroneous section letter, and insert the correct section numeral, to read as indicated: -III. PRICING 1�IV. CONTRACT #.-V. RFP PROCESS BVI. EVALUATION AND AWARD The remainder of the RFP Section headings and sub -headings, and all other RFP content remains unchanged. Question 1: Is it possible to submit two price lists? One for Canada and one for the U.S.? Answer 1: Yes, if applicable, pricing is to be submitted in U.S. and Canadian dollars. Refer to RFP Section III. A. 3., Pricing - Requirements. (RFP Article numbering corrected above.) Proposals are evaluated based on the criteria stated in the RFP. End of Addendum Page 359 of 849 Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/22/2021, is required at the time of proposal submittal. Page 360 of 849 Sourcewell 7M1 2/23/2021 Addendum No. 9 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Are there any specific font type or size requirements related to our typed responses in the solicitation tables and/or attachment we provide? Answer 1: Sourcewell does not identify a mandatory font type or size. In the competitive process, Sourcewell will not advise a proposer on the format for attachments. It is left to the discretion of each proposer to determine the method it deems best suited to represent their proposal and meet the requirements of the RFP. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/23/2021, is required at the time of proposal submittal. Page 361 of 849 Sourcewell 2/25/2021 Addendum No. 10 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Question and Answer to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: For line items 21 and 22, what references are required? Should these include previous entities we have worked with outside of Sourcewell? Answer 1: In the competitive process, Sourcewell will not advise a proposer on the content of the proposal. It is left to the discretion of each proposer to determine the information that they are willing to include and that is necessary to best demonstrate their marketplace success. Proposals are evaluated according the scoring criteria stated in the RFP on the content submitted. End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 2/25/2021, is required at the time of proposal submittal. Page 362 of 849 Sourceweli t/'//O 3/4/2021 Addendum No. 11 Solicitation Number: RFP 031121 Solicitation Name: Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Consider the following Questions and Answers to be part of the above -titled solicitation documents. The remainder of the documents remain unchanged. Question 1: Are vendors only allowed one submission, or is it possible to propose multiple submissions? Answer 1: Each vendor may only submit one proposal as restricted by the rules set in the Sourcewell Procurement Portal. Question 2: Is the administrative fee paid to Sourcewell calculated on our proposed price or the proposed price plus additional costs such as set up and freight? Answer 2: Refer to RFP Section III. B. — Administrative Fees, for directions on proposing an administrative fee. It is left to the discretion of each proposer to determine and propose an administrative fee that is consistent with its business and its industry. Question 3: If your company is not awarded a contract, does all proposal information become public? Answer 3: Refer to RFP Section VI. E. - Disposition of Proposals, for guidance on materials submitted in response to the RFP and applicable public data laws. Page 363 of 849 End of Addendum Acknowledgement of this Addendum to RFP 031121 posted to the Sourcewell Procurement Portal on 3/4/2021, is required at the time of proposal submittal. Page 364 of 849 031121-TTC Sourcewell!° Solicitation Number: RFP #031121 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and The Toro Company, 8111 Lyndale Avenue South, Bloomington, MN 55420 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Grounds Maintenance Equipment, Attachments, and Accessories with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 30, 2025, unless itis cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 Page 365 of 849 031121-TTC All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended for the duration of Vendor's written warranty for such item. Other than the warranties in this paragraph and Vendor's express written warranty for its product, Vendor expressly disclaims all other warranties, express or implied. Vendor agrees to work with its dealers and distributors to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time -to -time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be Rev. 10/2020 2 Page 366 of 849 031121-TTC returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax - exemption certification (s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line -item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: Identify the applicable Sourcewell contract number; Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and Rev. 10/2020 Page 367 of 849 031121-TTC • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees may be required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Rev. 10/2020 4 Page 368 of 849 031121-TTC Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry -specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: I. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 10/2020 Page 369 of 849 031121-TTC • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be Rev. 10/2020 Page 370 of 849 031121-TTC mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions: Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assignor transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. Rev. 10/2020 Page 371 of 849 031121-TTC F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master -servant, or principal -agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including injury or death to persons or property and attorneys' fees, alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications and operating instructions. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty -free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty -free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. Rev. 10/2020 Page 372 of 849 031121-TTC 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter SourcewelI's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. 14. GOVERNING LAW, JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. Rev. 10/2020 Page 373 of 849 031121JTC 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. A Party will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non -defaulting party may: Rev. 10/2020 10 Page 374 of 849 031121-TTC • Exercise any remedy provided bylaw or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products -completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products -Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non -owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit Rev. 10/2020 11 Page 375 of 849 031121-TTC 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. Rev. 10/2020 12 Page 376 of 849 031121-TTC 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing Rev. 10/2020 13 Page 377 of 849 031121-TTC regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis -Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. Rev. 10/2020 14 Page 378 of 849 uocuaign tnvewNe mi. iYvvrvr_el-cr i Fz- 4-+orrorvo-vvov, or ioo— 031121-TTC D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI -LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352). Rev. 10/2020 15 Page 379 of 849 031121-TTC H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Rev. 10/2020 16 Page 380 of 849 uocu5lgn tnveiope IU: '14burbtH-L/ ir-44o/1-oroo-ovooryroaotir Sourcewell The Toro Company DocuSlpned by: DocuSigned by: j' y S�.G.wa�� Ev'a�. By: COFD2A739Doeae9... By: 46457481 E1E54C4... Jeremy Schwartz Brad Hamilton Title: Chief Procurement Officer Title: Group VP Date: 4/28/2021 1 12:24 PM CDT Date: 4/29/2021 1 4:07 PM CDT Approved: % �O�o�eu�Sipneed�by: 7E4268F617A64CC... Chad Coauette Title: Executive Director/CEO 4/29/2021 1 4:31 PM CDT Date: Rev. 10/2020 031121-TTC 17 Page 381 of 849 RFP 031121 - Grounds Maintenance Equipment, Attachments, and Accessories with Related Services Vendor Details Company Name: The Toro Company Does your company conduct business under any other name? If Toro yes, please state: 8111 Lyndale Avenue South Address: Bloomington, MN 55420 Contact: Jon Stodola Email: jon.stodola@toro.com Phone: 612-597-3224 Fax: 612-597-3224 HST#: 41-0580470 Submission Details Created On: Tuesday January 26, 202108:26:53 Submitted On: Wednesday March 10, 2021 16:49:38 Submitted By: Jon Stodola Email: jon.stodola@toro.com Transaction #: a9949e16-696c-4bd0-8278-1f0375b1ebb6 Submitter's IP Address: 76.113.144,182 Bid Number: RFP 031121 Vendor Name: The Toro Company Page 382 of 849 Specifications Table 1: Proposer Identity & Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark "NA" if the question does not apply to you (preferably with an explanation). Table 2: Company Information and Financial Strength Bid Number: RFP 031121 Vendor Name: The Toro Company Page 383 of 849 Provide a brief history of your company, The Toro Company is proud of its legacy of quality and innovation. Founded in including your company's core values, 1914 to build tractor engines for The Bull Tractor Company, the company survived business philosophy, and industry longevity the tumultuous years of World War I by building steam steering engines for related to the requested equipment, products merchant ships to support the war effort. In 1920, Toro entered the turf industry or services. when it mounted five reel mowers to the front of a Toro tractor to cut the fairways at The Minikanda Club in Minneapolis. We take pride in our responsibility to employees, customers, shareholders and the environment. Since 1914, we have cultivated our reputation around trusted relationships and constant innovation to help anticipate the future needs of our customers. At the same time, we are building on a tradition of excellence around a number of strong brands to help customers care for golf courses, professional contractors, underground construction professionals, groundskeepers, agricultural growers, rental companies, government and educational institutions, and homeowners — in addition to many leading sports venues and historic sites. Over the years, we have strengthened our position as a leading worldwide provider of turf and landscape maintenance equipment, and precision irrigation solutions due in large part to a strong network of distributors, dealers and retailers in more than 125 countries around the world. The Toro Company's Commercial Division employs 14 Regional and District Sales Managers that call directly on customers and Distributors. These resources are located in Arizona, California, Connecticut, Florida, Massachusetts, Montana, Minnesota, Ohio, Virginia, and Ontario Canada. Most customer activity for the Commercial Division products will be with our distributor's sales force of approximately 200 Outside Sales representatives. The resources are located in every state except Alaska. We also have a network of hundreds of Landscape Contractor and Siteworks Systems dealers throughout the US and Canada. All of Toro's Commercial products are shipped from our warehouse in Tomah, Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts, etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. Our Purpose: To help our customers enrich the beauty, productivity, and sustainability of the land. Our Vision: To be the most trusted leader in solutions for outdoor equipment. Every day. Everywhere. Our Mission: To deliver superior innovation and to deliver superior customer care. For more information, visit www.toro.com. s In ent of an award? purchase Toro and related equipment, in order to achieve `their goals of creating and maintaining outstanding grounds and landscapes. We also expect our dedicated distributor/dealer network to support ,Sourcewell members with superior customer service that aligns with our corporate mission. In doing so, we expect to develop new relationships with Sourcewell members and incrementally grow our sales of Toro and related equipment to government and education customers. Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. Bid Number: RFP 031121 The Toro Company continues to strengthen our position as a leading worldwide provider of innovative solutions for the outdoor environment, including turf, snow, irrigation, and ground -engaging equipment. Through a strong network of professional distributors, dealers, and retailers in more than 125 countries, we proudly offer a wide range of products across a family of global brands to help golf courses, professional contractors, agricultural growers, rental companies, government and education institutions, and homeowners achieve their goals. For fiscal year 2020, The Toro Company achieved nearly $3.4 billion in net sales (a 7.7% increase over fiscal year 2019), and $327.7 million in net earnings. See the [attached (The Toro Company_Fourth-Quarter and Full -Year Fiscal 2020 Results) for Gmore details. In addition, attached is a summary of Toro's financial condition according to Dunn & lBradstreet (Attachment: BnBi THE TORO COMPANY Feb 19 2021 (002).pdf) Vendor Name: The Toro Company Page 384 of 849 uucuoiyno1VVJUPc.u. I"VV1 V" -" iW-W—VI JJ 10 What is your US market share for the Toro is not able to divulge that information. _ solutions that you are proposing? 11 What is your Canadian market share for the Toro is not able to divulge that information. solutions that you are proposing? _ �.�..m�,�,mme.._.�M.: 12 Has."_w.�...�.. your business ever petitioned for ....:...�...�... �_�_.���.w�.mm..�. .... .......� No. _ bankruptcy protection? If so, explain in detail. -� 13 How is your organization best described: is The Toro Company would best be descrigibedbed aas a... � _ .. s a manufacture. it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever As such, Toro utilizes our channel partners (distributors/dealers) to provide service question (either a) or b) just below) best and support to our end-user customers. applies to your organization. a) If your company is best described as For our Commercial Division, which makes up approximately 90% of our a distributor/dealer/reseller (or similar entity), Government Contracts business, we have 26 distributors throughout the United provide your written authorization to act as a States and Canada with many satellite offices to meet your needs. They have distributor/dealer/reseller for the manufacturer protected territories which allows them to make significant investments in their of the products proposed in this RFP. If facilities and people to support the equipment and services they provide. Our applicable, is your dealer network distributors and dealers handle the sales, order processing, fulfillment, billing, and all independent or company owned? service work associated with Toro products. b) If your company is best described as a manufacturer or service provider, describe BOSS Snowplow provides sales and service support through 228 Distributors in the your relationship with your sales and service United Sates and Canada. Within a Distributor protected sales territory they also force and with your dealer network in set up a network of Dealers to quickly and effectively service the customer. Our delivering the products and services Distributors and Dealers handle all aspects of the customer experience including proposed in this RFP. Are these individuals sales, ordering, registration, installation, service, and warranty. The attached list of your employees, or the employees of a third 228 Distributors will provide information on their location, contact, and which BOSS party? Products they are qualified to support. The BOSS Technical Service and Customer Service Departments provide factory support and training to all Distributors and Dealers and we pride ourselves on providing World -Class service to all levels of customer. Feedback from or Customers and Dealers allows BOSS to continuously improve our product. We communicate these improvements through Service Bulletins, Training Videos, Technical Manuals, and Web -based training. Similar to BOSS, Toro's LCE, SWS, and RESCOM Irrigation divisions provide service and support through a combined network of more than 5,500 ddalers/distributors, throughout the United States and Canada. For a complete list of Distributors and Dealers, please reference the attached file _ (Toro Distributor_ Dealer List 2021). 14 applicable, ldetailed n N41Wi✓✓ productsbuilt to with all cble voluntary r g thee licenes andcertficatons that including ISO stand soutl and standards, standards, ndards, CE and are both required to be held, and actually land evaporative standards set by the US Environmental Protection Agency (EPA), held, by your organization (including third California Air Resources Board (C,ARB), and the European Union. Toro products are and subcontractors that you use _ m p y ) ' i also tested and certified by outside laboratories to comply with EMC (electro - pursuit pursuit of the business contemplated by this magnetic compatibility) regulatory arrangements. RFP,. The Toro Company holds a Dealer License (wholesaler) from the State of Minnesota, a Business License from the State of Washington, a manufacturer license from the Arizona Department of Transportation, and a license as a I Recreational Product Manufacturer from the Louisiana Motor Vehicle Commission. in addition, The Toro Company is authorized to conduct business in the following sates, as well as being incorporate in Delaware: California, Colorado, Florida, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Nebraska, Pennsylvania, Rhode Island, Tennessee, Texas, and Wisconsin. Toro distributors and dealers also have the proper licenses and registrations to conduct business in the states/provinces in which they operate: In an effort to achieve our vision of becoming the most trusted leader in solutions for outdoor equipment, Toro requires each of our direct employee and distributor salespeople to complete an extensive and ongoing training program called TSPC (Toro Sales Professional Certification) that focuses on ethical selling practices and professional sales management. We are unique in our industry in requiring this _ certification of professional standard. 15 Provide all "Suspension or Debarment" p Toro has not been under suspension or disbarmentw _ in the pa y p within the past ten years. information that has applied to your organization during the past ten years. Table 3: Industry Recognition & Marketplace Success Ling Quest on FReponse�... Bid Number: RFP 031121 Vendor Name: The Toro Company Page 385 of 849 16 Describe any relevant u indstry awards or a) Heavy Equipment Guide, Top Product in 2020: �— The Toro a -Dingo recognition that your company has received Small machines that rental houses and contractors want for versatile use both in the past five years indoors and outdoors and in areas with noise and emissions reduction needs are the perfect proving ground for electric equipment. Toro's first electric Dingo, the wheeled a -Dingo 500, is a small machine delivering environmentally friendly performance both indoors and outdoors, and we look forward to seeing more electric compact equipment like it in the coming years. b) Innovative Iron Awards, 2020 — The Toro a -Dingo Selected as a "game -changer" for its zero emissions and lithium -ion battery. c) Rental Equipment Register (RER) — The Toro a -Dingo received the following Innovative Product Awards: Winner in the Earthmoving category, and Silver winner in Overall. d) Rental Magazine 2020 Editor's Choice Award - The Toro e -Dingo. The Rental 2020 Editor's Choice Awards represent the equipment rental industry's best products gaining interest from end-users and rental professionals alike. Rental's editorial staff chose products based on several factors including innovation, utility for the rental market, and audience engagement online at ForConstructionPros.com/Rental e) Innovative Iron Awards, 2019 — The Toro TRX Trencher Selected one of the most innovative products in the equipment classes include all compact equipment, including skid steers, mini excavators, backhoes, telehandlers, tractors, aerial lifts, UTVs, and components like engines, hydraulics, and software. f) Green Industry Pros, Editor's Choice Award, 2019 — The Toro TRX Trencher Chosen for Innovation, Dependability, Audience engagement online at Green lndustryPros.com, and from end-users and landscape professionals alike. g) Heavy Equipment Guide, Top Product in 2020: The Toro Dingo TXL 2000 As the industry's biggest ride -on utility loader, Toro's Dingo TXL 2000 fits into a smaller class of equipment but has the capability of small skid steers or compact track loaders. h) The Toro Company received the AE50 award for our innovative engineering of the NEW Toro Outcross in Feb. 2019. Awards are presented at ASABE's annual Agricultural Equipment Technology Conference (AETC). The award-winning products are also highlighted in a special issue of ASABE's Resource magazine and given by the American Society of Ag and Biological Engineers. i) The Toro Company is the leading "smart" irrigation products manufacturer, having receiving multiple accolades and awards from the Irrigation Association®, EPA, and others, for their innovative and water -efficient products. Some examples of unique Toro irrigation products include PrecisionTm Series Spray Nozzles with patented oscillating stream technology that delivers water savings- of up to 35 percent when compared to competitive fixed spray nozzles; the T5 RapidSetO %" gear -driven rotor and its patent -pending tool -free arc adjustment feature; the cutting-edge EVOLUTION® Series irrigation controller and its multiple wireless add-on devices that enable performance advances, such as web connectivity, soil moisture sensing, and automatic weather -based schedule adjustments; and a full line of drip irrigation products, such as DL2000TM' dripline and its patented ROOTGUARDO technology that allows it to be buried below ground to virtually eliminate the water waste seen through evaporation and runoff. j) The Toro Grandstand MULTI FORCE was a new product award winner in the May/June 2016 issue of Landscape and Irrigation's "Twenty for 2016 New Product Awards". The award recognizes the Grandstand MUTLI FORCE as one of the standout new products to hit the market in 2016, based on innovation and application within the market. Endure k) The Toro Company received the Gold Medal for Innovation, awarded to the Toro Reelmaster 5010-H at demopark+demogolf 2015. 17 What percentage of our sales are to the As we ar ... � � p g y e a publicly -traded Company,Toro considers information � about our governmental sector in the past three years customers confidential. However, below is a representation of The Toro Company revenue for fiscal year 2020 by market segment and geographic location. Net Sales By Segment: Professional 75% / Residential 24% / Other 1% Net Sales By Product: Equipment 88% / Irrigation 12% Net Sales By Geographical Location: US 80% / International 20% 18 What percentage of your sales are to the JAs we are a publicly -traded Company, Toro considers information about our N education sector in the past three years Icustomers confidential. Bid Number: RFP 031121 Vendor Name: The Toro Company Page 386 of 849 WUt,U019j Cf1„V1vFw — 1YVV, Vim.,-- 1—o-1 vv-vv"v,- --1 name is optional), 19 List any state, provincial, or cooperative m _ a) NASPO ValuePoint Contracts - AK, uHI, KS, KY, ME, MO, NE, NM, RI, SD, VA, the entity is located in, scope of the project(s), size of transaction(s), and dollar purchasing contracts that you hold. What is WI years. the annual sales volume for each of these b) Toro held State Contracts - AR, DE, NY, OH ✓!' , ,, r r, m�iy, � � 1 %f,/„ /i//. a i. ,r;<; iai . ,.;-,-i , , /r /r � � „fir Emffimnimmmin � r %i; ! r %/ . /,, / 111, / 1 , , . I„ / G � contracts over the past three years? c) Toro Distributor held State Contracts - CA, GA, IA, IL, LA, MA, MD, MN, MS, r � � „ l NC, OK, OR, PA SC, TN, UT, WA Confidential Government California -CA d) Cooperative Contracts - OMNIA Partners, Kinetic GPO $5M - $6M As we are a publicly -traded company, the detailed sales information you are Equipment & Irrigation vehicles, specialty requesting is considered confidential. equipment, and irrigation 20 List any GSA contracts or Standing Offers a) GSA Contract GS -06F -0012R – Schedule 51v - Kansas City – components valuing $500- and Supply Arrangements (SOSA) that you b) GSA Contract : GS -07F -5432R – Schedule 78 – Philadelphia hold. What is the annual sales volume for Confidential Government , each of these contracts over the past three As we are a publicly -traded company, the detailed sales information you are $3M -$4M years? requesting is considered confidential. Equipment & Irrigation vehicles, specialty Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type, the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. i/ ��� i/ f/ ///l/ �/ii/, ✓!' , ,, r r, m�iy, � � 1 %f,/„ /i//. a i. ,r;<; iai . ,.;-,-i , , /r /r � � „fir Emffimnimmmin � r %i; ! r %/ . /,, / 111, / 1 , , . I„ / G � i, 7 d u„ o, ,. r � � „ l Confidential Government California -CA Goff, Turf & Landscape Various mix of mowers, $5M - $6M Equipment & Irrigation vehicles, specialty equipment, and irrigation components valuing $500- $600K Confidential Government , California - CA Golf, Turf & Landscape Various mix of mowers, $3M -$4M Equipment & Irrigation vehicles, specialty equipment, and irrigation components valuing $300- j __...._.....: $600K Confidential Government. Government Nevada - NV Golf, T Turf &Landscape Equipment Various mix of mowers, � ..�m....� $2.5M -$3M vehicles, specialty equipment valuing $350- $850K Confidential Government _ Wisconsin - WI Golf, Turf & Landscapeequipx of mowers, Equipment Various mix of -- $2.5M -$3M vehicles, specialty equipment valuing $250- ___ $400K Confidential Government Colorado - CO _ Golf, Turf & Landscape Equipment Various mix of mowers, $1 M_$1.5M vehicles, specialty equipment valuing $150K - $1M Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Bid Number: RFP 031121 Vendor Name: The Toro Com an Page 387 0 23 1 Sales force. 24 Dealer network or other distribution u methods. Toro has a national sales team of more than 50 Regional and District Sales Managers that represent our Commercial, Landscape Contractor, Irrigation, Siteworks Systems, and BOSS products across the United States and Canada. These representatives are assigned to various distributors and dealers to provide training, programming, and strategy for initiatives such as this one with Sourcewell. Most of our distributors and dealers are privately -owned companies that are the _ connection between Toro and the end-user customer. The sales managers of these companies will manage a team of representatives responsible for selling and marketing Toro products. Every area of the United States and Canada has a representative assigned for sales coverage from one of our distributors/dealers. We have included a listing of these distributors/dealers with this proposal. See Distributor 'Dealer List 2021 attached. All of Toro's Commercial products are shipped from our warehouse in Tomah, ,Wisconsin to distribution. Distributors' facilities range in size depending on the services offered at the facility such as sales, service, parts, etc. Toro's Commercial Channel of distributors have over 100 offices nationally ranging in size from 10,000 square feet to 150,000 square feet. the US and Canada. 25 Service force. Toro utilizes our channel partners to provide service and support to our end-user customers. For our Commercial division, we have 26 distributors in the United States and Canada with many satellite offices to meet your needs. All distributors maintain a service parts fulfillment operation and carry A, B, and C moving parts to ensure they are positioned to respond to their customer service needs. Additionally, they also maintain service facilities staffed with full-time technicians to provide services in the area to meet Toro's service level objective of 9+ in Overall Satisfaction. They have protected territories which allows them to make significant investments in their facilities and people to support the equipment and services they provide. Describe in detail the process and procedure of your customer service` program, if applicable. Include your response -time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Bid Number: RFP 031121 The Toro Company provides on-going technical training (on-line and in-person) to our channel partners ensuring the service technicians have the technical knowledge and aptitude to support advanced technology. The Toro company also provides centralized and advanced technical assistance and support to our distributor operations teams. This includes troubleshooting equipment issues, providing updates to equipment, issuing service bulletins, working through warranty issues, implementing performance standards and measurements, providing on-site support when needed for product quality concerns, and developing action plans for improvement. We have processes in place to help our channel partners exceed the needs of our customers developed through our 100 years of experience. These include monitoring our customer's opinion of their service experience and developing improvements as necessary to achieve Customer Satisfaction Index scores above 9. month then Toro contracts' an independent 3rd party to complete customer experience surveys. The insights gained are used to correct processes and provide additional resources as we collectively strive to maintain a 9+ overall customer satisfaction index, which is above industry standard. See attached labeled (Question 26) Graphs) for rolling 12-mohth performance. These metrics along with additional operational metrics are factored into a distributor's overall annual performance rating which has specific incentives tied to it. Distributor response time: Response time is dependent on many factors but generally, our distributor partners respond to a customer call or email immediately and determine an agreeable time to service the equipment. Most distributors have field service capabilities that allow service work at the customer's site. Toro Commercial Customer Care measures our distributor on two performance metrics specific to service repair turnaround time and their ability to respond and repair a customer service issue in 6 calendar days or less. Vendor Name: The Toro Company Page 388 of 849 27 Describe and willingness to Y ability g .........._ -_ ........M As described in response to our re Toro he �l p reach and capabilities, Toro has the ability to fully provide your products and services to support the needs (products and pp (p service) of public agencies throughout the US. Sourcewell participating entities in the United States. As independent companies, our distributors/dealers have the ability to choose whether or not they participate in the Sourcewell agreement. However, Toro strongly encourages our distributors/dealers to participate in the Sourcewell agreements and provides financial support for those who do. Furthermore, most of our dealers and all of our Commercial distributors see the value of simplifying the buying process and _. encourage their customers to use the agreement. ... 28 28 Describe our abilityand willingness to c t . ul y As described in response to our reach and capabilities,Toro has the abilityto full Toro provide your products and services to support the needs (products and service) of public agencies throughout Canada. Sourcewell lparticipating entities in Canada.� As independent companies, our distributors/dealers have the ability to choose whether or not they participate in the Sourcewell agreement. However, Toro strongly encourages, our distributors/dealers to participate in the Sourcewell agreements and provides financial support for those who do.- Furthermore, most our distributors/dealers see the value of simplifying the buying process and encourage their customers to _ use the agreement. 29 IdentifyanygeographicUnited all geographic areas in the US and Canada through g . m.... �...._ our Torohasbility to and Stateorthat you will NOT be d r and dealer networks. fully serving through the proposed contract. o Men participating enityfor- the participatingentity~ the U._.. .. ..._...�_..,u ntity sectors in .the US and Canada sem throuability dealer thatyou will, NOTbeati profit) Y. Y, 9 through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts' limit your ability to promote another contract? 31 Define any specific contract requirements Participating entities in Hawaii, Alaska, US Territories, and Canada may be subject or restrictions that would apply to our to additional freight charges. Any additional freight charges would be provided prior participating entities in Hawaii and Alaska to purchase as a pass-through cost and included in the customer quote. and in US Territories. Due to a difference in the buying structure and fluctuation in the US/Canada exchange rate, a separate price structure will be established for Canadian customers. Please reference pricing documents for details. Bid Number: RFP 031121 Vendor Name: The Toro Company Page 389 of 849 Table 7: Marketing Plan lJ r. r Ill Iyl/ ..... M r/ Il, - r. %% /�, r 0 ..//✓.. Ji// %rr%. l / / IJ // /'// R wmz ,/.. na 32 Describe your marketing strategy for a) The Toro Company will release a Distributor Operating Bulletin (DOB) to its channel promoting this contract opportunity. partners, endorsed by the executive sponsor Grant Young, General Manager, Commercial Upload representative samples of your announcing the new award which will be incorporated into the Commercial Division marketing materials (if applicable) in Program Manual used by distribution. Additionally, Toro University hosts monthly webcasts the document upload section of your and other training events where the contract will be discussed. We have been training and response. implementing government contracts with our distributor and dealer partners for many years. If we are awarded the Sourcewell contract, we will continue to employ many different techniques to provide training. Initially, we will train the Toro sales and marketing team responsible for this implementation. We will provide PowerPoint presentations to our distributors/dealers that are co-authored by Toro and Sourcewell. We will implement individual conference calls by distributor to review the contract, discuss the benefits to the customer and the distributor, and answer questions. b) The Toro sales and marketing team will make sales calls with our channel partners to our end users to discuss this contract and sign up new users. Our marketing department will create specific documents that provide our distributors and customers with an overview of the contract and the benefits to them. These marketing pieces will be made available to all of our distributors and will be used at local and national trade shows. As part of the ongoing training process, Toro representatives will drive participation in local and regional trade shows and conferences with our distributors where we model the selling of this contact to customers. c) We will continue to train our sales force and engaging the resources we need to assure the success of this contract. _ See the attached (Toro Marketing Samples) file for examples. 33 Describe your useµ of technology and The Toro Company uses a variety of technologies to communicate with customers and to digital data *g., social media', deliver re(ovant and meaningful content in a timely fashions. The goal of these Marketing metadata usage] to enhance Initiatives range from driving bpsic awareness of our brand and prod" uck `to driving marketing effectiveness. ` increasing levels sof engagemefit�relatirrg ,ioleaitiiing about the feafures, advantages, and- be"nefit�'of eachproductwe sell' websites, eNewsletters, email messaging, and videos to Social Media postings and beyond, Toro uses a wide range of tools — digital and analog - to generate interest in and drive leads to our distributor channel partners who sell and support our products locally. 34 In your view, what is Sourcewell's role a) The Toro Company's expectations of Sourcewell's role in promoting the contract would in promoting contracts arising out of include: jointly publishing a press release announcing the award, deployment of an eBlast this RFP? How will you integrate a to the Sourcewell membership announcing the new contract, and/or announcing it on the Sourcewell-awarded contract into your Sourcewell social media channels, updating The Toro Company contract on the Sourcewell sales process? website, and that Sourcewell would promote the contract at the appropriate industry trade shows and forward any inquires directly about The Toro Company to Toro in order for The Toro Company to convert that inquire into a sale. b) Regarding the integration into our sales process, and beyond those referenced in response to question (32), Toro has made the Sourcewell agreement a standard part of our onboarding training for internal and distributor/dealer personnel. As part of our discovery process with government and non-profit agencies, we are identifying and encouraging the use of the Sourcewell agreement. Our distributors/dealers see the value of the Sourcewell agreement for their organization by simplifying the buying process, and for their customers (end-users) by offering competitive pricing and simplifying the buying process on their end. A Toro/Sourcewell co -branded flier is used to highlight the benefits of the agreement and used by distributor/dealer personnel during customer calls and industry events. See the (Toro Marketing Samples) attachment for an example of the co- branded flyer. _ ..... n,A,..,�,,..., w ...W .......m_...... Are productsices services No aor available ent ry ordering process? If so, describe your e -procurement system and how governmental and educational customers have used it. Ll Table 8: Value -Added Attributes tree Question JRosponse " Morn , Bid Number: RFP 031121 Vendor Name: The Toro Company Page 390 of 849 uocuaign tnvewpe w: i4ouror_m-cr tc�tyon-orvo-vvooraroaawr 36 1Describe any product, equipment, All new and used equipment delivered to the customer includes one-on-one or group The Toro Company also offers in-depth factory training at a reasonable cost to the end-user. This training takes place at Toro's World Headquarters in Bloomington, MN. The dates vary year by year. Topics include the following: - Cutting Unit Technology: Cutting unit set-up and adjustments - Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting, and testing - Tier4 Engine Systems: Overview of why and how they work Spray Systems: Components, operation, and calibration - Toro Reel Cutting Units: How they really work - Open forum with engineering and other product experts - Diagnostics, InfoCenters, and more! 37 Describe any technological N* = Torc advances that your proposed 0 o' 0 training and reference materials found on Toro.com or in myTurf@toro.com exclusive features 370 ster eTriFlex models carry no hydraulic fluid and utilize all -electric' components for [eenfig, lift, and cutting: ectric,Tr666on, Steering,,Lift & Reel Control — Noonboard hydraulic fluid eTriflex operation 3ptimaI Perimeter Cut' or superior contour -following utting units for easy adjustment and as a consistent cleanup cut that can occur during tum arounds ter cutting unit ,.a,, y,__...� �., Suspension with proven Dual Precision Adjustment (DPA) Cutting Unit a11KAyy Multiple, easy to configure clip rate settings * Telescoping loop handle design with combined operational and safety bail Operational bail allows slowing down or a complete stop in tight turns without :engaging traction * Rubber -mounted handle to reduce oscillation motion from walking for cutting nsistency No greasing requirement and modular designsfor labor-saving maintenance Excellent balance for superior tracking and easy turnaround * Tool -free cutting unit removal Toro exclusive PX Hydraulic Fluid is another great innovation from Toro. This new premium hydraulic fluid performs better and lasts longer than conventional fluids. This means your equipment will run more smoothly and require fewer hydraulic fluid changes saving you time and money — up to 71%. Most 2019 and newer Toro commercial equipment come factory filled with Toro PX Hydraulic Fluid and have change intervals twice as long as previously... up to 2000 hours! EdgeSeries Reels+T" replacement reels take performance to the next level with bearings and seals already installed on the reel. Available for Toro riding and walk Greensmaster® and Reelmaster® mowers, EdgeSeries Reels+ are designed for longer life with less maintenance —,all while delivering a phenomenal quality of cut. myTurf Pro is a powerful and easy-to-use, application that seamlessly connects your assets and your maintenance program, regardless of brand. Provide your team with the tools to become more efficient by automating routine tasks, easily ordering parts, managing Bid Number: RFP 031121 Vendor Name: The Toro Company Page 391 of 849 maintenance, or operator training training provided by the salesperson and service staff. Their distributor salesperson can programs that you offer to discuss these offerings as they are made available by The Toro Company. Local training is Sourcewell participating entities. offered by each of our distributors and the educational content varies depending on the end Include details, such as whether user's needs. Group training may be offered as well. Dates and cost of training vary from training is standard or optional, year to year. Certificates of completion are issued to each attendee after completion of who provides training, and any training classes. costs that apply. Operator safety training for all products are offered: online at Toro.com and a digital operator manual is provided with each new piece of equipment. Safety Video: https://www.toro.com/en/customer-supporVeducation-and-tech-reference/operator-training The Toro Company also offers in-depth factory training at a reasonable cost to the end-user. This training takes place at Toro's World Headquarters in Bloomington, MN. The dates vary year by year. Topics include the following: - Cutting Unit Technology: Cutting unit set-up and adjustments - Traction Units: Electronic and hydraulic systems diagnostics, troubleshooting, and testing - Tier4 Engine Systems: Overview of why and how they work Spray Systems: Components, operation, and calibration - Toro Reel Cutting Units: How they really work - Open forum with engineering and other product experts - Diagnostics, InfoCenters, and more! 37 Describe any technological N* = Torc advances that your proposed 0 o' 0 training and reference materials found on Toro.com or in myTurf@toro.com exclusive features 370 ster eTriFlex models carry no hydraulic fluid and utilize all -electric' components for [eenfig, lift, and cutting: ectric,Tr666on, Steering,,Lift & Reel Control — Noonboard hydraulic fluid eTriflex operation 3ptimaI Perimeter Cut' or superior contour -following utting units for easy adjustment and as a consistent cleanup cut that can occur during tum arounds ter cutting unit ,.a,, y,__...� �., Suspension with proven Dual Precision Adjustment (DPA) Cutting Unit a11KAyy Multiple, easy to configure clip rate settings * Telescoping loop handle design with combined operational and safety bail Operational bail allows slowing down or a complete stop in tight turns without :engaging traction * Rubber -mounted handle to reduce oscillation motion from walking for cutting nsistency No greasing requirement and modular designsfor labor-saving maintenance Excellent balance for superior tracking and easy turnaround * Tool -free cutting unit removal Toro exclusive PX Hydraulic Fluid is another great innovation from Toro. This new premium hydraulic fluid performs better and lasts longer than conventional fluids. This means your equipment will run more smoothly and require fewer hydraulic fluid changes saving you time and money — up to 71%. Most 2019 and newer Toro commercial equipment come factory filled with Toro PX Hydraulic Fluid and have change intervals twice as long as previously... up to 2000 hours! EdgeSeries Reels+T" replacement reels take performance to the next level with bearings and seals already installed on the reel. Available for Toro riding and walk Greensmaster® and Reelmaster® mowers, EdgeSeries Reels+ are designed for longer life with less maintenance —,all while delivering a phenomenal quality of cut. myTurf Pro is a powerful and easy-to-use, application that seamlessly connects your assets and your maintenance program, regardless of brand. Provide your team with the tools to become more efficient by automating routine tasks, easily ordering parts, managing Bid Number: RFP 031121 Vendor Name: The Toro Company Page 391 of 849 maintenance assignments, and tracking task completion. "At a glance" overviews keep you informed .of asset status. Toro Genuine Parts Reliability'— Most local distributors deliver parts within 24 hours. Toro backs this promise with 48-hour delivery support Toro MVP kits - Toro provides Maintenance Value Performance (MVP) Kits for many common maintenance jobs, including filter change kits, hydraulic hose replacement kits, cutting unit overhaul kits, roller rebuild kits, and more. All the required parts are included in a single package to make ordering and completing the job easier and less expensive. Whether you are rebuilding rollers, replacing hydraulic hoses, or overhauling your cutting units, Toro MVP Kits make it simple to order all the necessary parts for the job DPA Cutting Units with all-new EdgeSeriesTm Reels for Improved Greens & Fairways - EdgeSeries innovations include — longer -lasting -,materials, even more precise manufacturing techniques, and well -researched design changes to both the reel and bedknife geometryat come together to provide an outstanding quality of cut with less maintenance. Groundsmaster 3200/3300` The innovative tilt gp deck design mpom s" a e a sblade ly maintenanceand aEdeck nhan cleaning simple. Additionally,all engine main Hance climbing and hillside stability -" CrossTrax all -wheel clave is based dn"the innovative Toro S"efies/ParallelY"" ,design." "If one of the front" i�res ' '"ins to slip; pointer' is transferred to the opposite 6s/P61ra'I1`eITM tire for optimun► traction, "Weavy�Yuty, 7 -gauge' steel decks with a front bullnose and side bumpeis"paired with the industry's toughest spindle assembly for extended product life. IN3 6c�N7ER"�"' CONTROL PANEL Real4ime :information "delivered to the operator's fingertips for ultimate control. Outcross 9060 Don't mistake the ^Outcross 9060 for tl and sports fiekls; ft is not a tractor! T a ;super duty 'utility: vehicle` without fme, t Jct 'Maintc_n=nRA E passenger seat, ano intuitive controls maintaining one machine instead`of tH to'°reduce waste.` With three-point, Ara, standard. Outcross'owners can mow c aerate; top dress, remove snow and ii trailer, sweep a path, chop wood, and Bid Number: RFP 031121 is y iager's arator. ney by Vendor Name: The Toro Company Page 392 of 849 38 Describe any "green" initiatives that relate to your company or to your products or services, and include a list of the certifying agency for each. 39 Identify any third -party issued eco - labels, ratings or certifications that your company has received for the equipment or products included in your Proposal related to energy efficiency or conservation, life -cycle design (cradle -to -cradle), or other green/sustainability factors. Bid Number: RFP 031121 Sustainability is not a new concept for The Toro Company. It is deeply rooted in our purpose - to help our customers enrich the beauty, productivity and sustainability of the land. At our corporate website we have full details of our Sustainability initiative, which is more comprehensive than a policy. Please see: https://www.thetorocompany.corn/sustainability/sustainability-endures Alternative power, smart -connected products, and autonomous technologies are important areas of focus for us. For example, our Reelmaster® 5010-H and Greensmaster® eTdFlexTm hybrid mowers provide fuel savings over comparable mowers, plus they reduce noise levels and operating costs for our customers. In addition, the new a -Dingo is designed to provide customers with the ability to work indoors with zero emissions and lower noise pollution. We also recently established a new technology acceleration center, which is designed to support our development of smart -connected technologies. Key sustainability initiatives and accomplishments include: • Deepening commitment to diversity, equity, and inclusion. In addition to designating DEI as part of the formal responsibilities within Toro's human resources team, the company is broadening the lens from workforce and workplace practices to seeking out synergies with supplier management practices and philanthropic giving. • Employee health and safety is a paramount value of Toro. Toro implemented a comprehensive environmental, health and safety data management system to help drive engagement and increased transparency for proactive safety performance. Toro saw reductions in both its total recordable injury and lost workday rates during fiscal 2020. • Impacting our communities and smallholder farmers in developing countries. As part of its Land. Water. Thrive. philanthropic initiative and employee immersion experience, Toro partnered with iDE to work with smallholder farmers in Honduras to better understand their irrigation practices to help develop drip systems and water storage solutions that are affordable, sustainable, and meet the needs of both growers and their communities. • Continued focus on water stewardship. Toro was recognized by the U.S. Environmental Protection Agency with the WaterSense Excellence Award for its dedication to water management innovation and education, marking the fifth consecutive year that it has received the prestigious award. • Improving operational efficiency. Toro began its journey to implement a new energy management system to better access site energy consumption and resource efficiency at its production facilities. The new system provides real-time access to data with analytics to identify key performance trends and opportunities for operational efficiency, as well as energy and environmental impact reduction. • Energy-efficient technologies. With a focus on energy efficiency and developing sustainable solutions, Toro introduced several products to further expand its alternative power offerings. Examples include a new line of 60V lithium -ion products for homeowners, the Greensmaster eTriFlex hybrid riding greens mower, and the all -electric a -Dingo 500 compact utility loader. • In Australia Toro refreshed its product packaging and received an "advanced" classification in a recent audit of sustainable packaging activities undertaken by the Australian Packaging Covenant, a government body. • We participate in a "closed loop" recycling partnership in CA with Revolution Plastics; this recycles our drip irrigation materials. In the first six months of the program, 381,000 pounds of materials were recycled. • Toro has replaced its printed operator manuals with online guides, in order to improve comprehension and reduce paper usage. • Our Hammerhead business introduced "Cured -in -Place Pipes" whereby aging pipes are repaired with a revolutionary bluelight LED system. Repairing rather than replacing extends the life of existing pipe networks and reduces overall landfill waste. Other sustainability -related awards include: - Wyland National Mayor's Challenge for Water Conservation Co -Sponsor - Urban Park Innovation Award - 2019 Everyday Hero Award - ISO 14001:2004 compliant The battery chargers we use for our electric products meet the California Energy Commission (CEC) energy efficiency standards and are labeled with the "BC" mark. They also meet the U.S. DOE and NRCAN energy efficiency standards. Vendor Name: The Toro Company Page 393 of 849 Describe erre detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response In addition to responding to the questions (bellow„ Ilio youuir warranties cover all Iproducts, parts, and As a product owner, the aourcewell member is responsible for required labor? maintenance and adjustments stated in the operator's IMainuall. IFailure to perform required maintenance and adjustments can Ibe grounds for disalllow'ing a warranty claim. 43 Do your warranties impose usage irestrlctions or _ other Fornitations that adversely affect coverage? 44 Do your expense cover the warranties .�..� a� exp of technicians' travel time and mileage to perform warranty repairs? Bid Number:: RFP 031121 When a warrantable condition exists, an authorized 'Toro distributor or dealler wHII repair the Product at no cost to the SourveweHl member, inclludimg appHcable diagnosis, labor, and parts, excluding the following: (Product failures which result frorn the use of non -"Moro replacement parts, or from installation and use of add -can or modified non -Toro (branded accessories and products. A separate warranty may be provided by the manufacturer of these items. (Product failures which result torn failure to perform recornimended maintenance andlor adjustments.. Failure to properly irrnaintain the Toro product (per the Recornrrnemded Maintenance (listed iin the operator's rmamuall can result in daimms for warranty being denied. - Product failures which result frorn operating the Product in an abusive, negligent, oir reckless manner. (Paris subject to consumption through use unlless found to be defective. Examples of parts that are consumed, or used cup, during norsrmuall (Product operation include, but are not Ilurmited to, brake pads and (linings, clutch Finings, blades, reels, rollers and bearings (sealed or greaseabie), bed knives, spark plugs, castor wheels and bearings, tures, filters, bents, and certain sprayer components such as d'uaphrarms, nozzles, and check valves, etc. - IFaillures caused Iby outside influence. lncludiing, but not limited to, weather, storage, practices, contamination, use of unapproved fuels, coolants, Ilubdoants, afttives, fertiilizers, water, or chemicals, etc., - Failure or performance issues due to the use of fuels (e.g. gasoline, diesel, or, biodiesell) that do not conform to their respective industry Normal noise, vibration, wear and tear, and deterioration. INormnai "wear and tear" includes, but is not limited to, darmage to seats due to wear or abrasion, worn painted surfaces, scratched decals or wprndows, etc., Wes.-thestandardcommaumercial eyulpimemt warranty covers the equipment for two year or tog operational hours, whichever comes first. Travel turns m.....of Toro Authorized distributor and dealer -� � ' P and mileageservice personnel to d°uagnose and perform warranty repairs are covered by 'koro, up to 1,000 total irNes per claim. Vendor (Name° The Toro Company Page 394 of 849 40 Describe any Women or Minorky The Toro Company daces not qualify for a W@1BE, ;Iglu, or Veteran owned business. Business Entity ( IMBE), Small However, most of our distdbutorddealer partrners are designated Small BuMinesses and Business IEntity (BE), or veteran several are wornan andlor Monty owned. owned business cerfificabons that your company or Il'nrulb partners have obtained.. Upload documentation of certification (as applicable) in the document iupload section of your response, 41 What unique attributes does your Toro is unique in the (breadth of products it can offer through its comprehensive company, your products, or your distributordderaler network to Sou well members under this contract, Sourcewelll members services offer to Sour well will be able to obtain, from a single Toro dpstfib utor/dealer, utility vehicles, rotary mowers, participating eiend ies? What makes reel m6wers,turf cultivation, walk -behind trenchers, rude -on vibratory plows, irrigation your proposed` solutions unique in p ' uct% synthetic turf grooming equipment, and a variety of turf renovation, -tree care, your industry as It applies to pompaction, concrete, and mnasonryuuprrnpnt. This wide range of, productsavailable from =that " r •well participating entities? a single dealer provides ou well varying equipment needs with the extra e iclency of working with d single, knowledgeable dealer, lAs an organization, Toro is focused on provift and developing Turf specific products. Taro is unique in its focus and support of the Tu rf lnduusfry. Table ga Warranty Describe erre detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response In addition to responding to the questions (bellow„ Ilio youuir warranties cover all Iproducts, parts, and As a product owner, the aourcewell member is responsible for required labor? maintenance and adjustments stated in the operator's IMainuall. IFailure to perform required maintenance and adjustments can Ibe grounds for disalllow'ing a warranty claim. 43 Do your warranties impose usage irestrlctions or _ other Fornitations that adversely affect coverage? 44 Do your expense cover the warranties .�..� a� exp of technicians' travel time and mileage to perform warranty repairs? Bid Number:: RFP 031121 When a warrantable condition exists, an authorized 'Toro distributor or dealler wHII repair the Product at no cost to the SourveweHl member, inclludimg appHcable diagnosis, labor, and parts, excluding the following: (Product failures which result frorn the use of non -"Moro replacement parts, or from installation and use of add -can or modified non -Toro (branded accessories and products. A separate warranty may be provided by the manufacturer of these items. (Product failures which result torn failure to perform recornimended maintenance andlor adjustments.. Failure to properly irrnaintain the Toro product (per the Recornrrnemded Maintenance (listed iin the operator's rmamuall can result in daimms for warranty being denied. - Product failures which result frorn operating the Product in an abusive, negligent, oir reckless manner. (Paris subject to consumption through use unlless found to be defective. Examples of parts that are consumed, or used cup, during norsrmuall (Product operation include, but are not Ilurmited to, brake pads and (linings, clutch Finings, blades, reels, rollers and bearings (sealed or greaseabie), bed knives, spark plugs, castor wheels and bearings, tures, filters, bents, and certain sprayer components such as d'uaphrarms, nozzles, and check valves, etc. - IFaillures caused Iby outside influence. lncludiing, but not limited to, weather, storage, practices, contamination, use of unapproved fuels, coolants, Ilubdoants, afttives, fertiilizers, water, or chemicals, etc., - Failure or performance issues due to the use of fuels (e.g. gasoline, diesel, or, biodiesell) that do not conform to their respective industry Normal noise, vibration, wear and tear, and deterioration. INormnai "wear and tear" includes, but is not limited to, darmage to seats due to wear or abrasion, worn painted surfaces, scratched decals or wprndows, etc., Wes.-thestandardcommaumercial eyulpimemt warranty covers the equipment for two year or tog operational hours, whichever comes first. Travel turns m.....of Toro Authorized distributor and dealer -� � ' P and mileageservice personnel to d°uagnose and perform warranty repairs are covered by 'koro, up to 1,000 total irNes per claim. Vendor (Name° The Toro Company Page 394 of 849 Bid Number: RFP 031121 Vendor Name: The Toro Company Page 395 of 849 Table 10: Payment Terms and Financing Options 49 What are your payment terms (e.g., net 10, net 30)? 50 Do you provide leasing or financing options, .. especially those options that schools and governmental entities may need to use in order to make certain acquisitions? 51 Briefly describe your proposed order process. Include enough detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. For example, indicate whether your dealer network is included in your response and whether each dealer (or some other entity) will process the Sourcewell participating entities' purchase orders. Standard payment terms are 0% 30 days for cash/check payments and EFT payments. Multiple leasing and financing options are supported by�� Toro and available from Toro distributors and dealers. MTax-exempt financing and leasing is a tool that municipalities can use to spread the cost of capital equipment acquisitions over the life of the assets being financed. Toro has partnership agreements in the US with two different finance companies, PNC Equipment Finance and TCF ' Equipment Finance. Because of these relationships, we have developed documents to .help streamline the process for .our tax-exempt customers. This includes the credit application, approval, and non -appropriation language. This nationwide team of finance professionals has an 'in-depth understanding of tax-exempt, financing. Based on tax-exempt pricing ($1 purchase option at end of lease tarn) the'mbnthly lease rate is indexed to a spread`not,to exceed 4174 basis `points,(BPS) ,over the like term US treasuries. Individual (transaction pricing will be priced to the market based on specific transaction details For Fair Market Value (FMV) leases, terms from three to five years will be available. The monthly payments will not exceed 3.5% of the awardprice' (at Ebb hours per year of use). ,Alternative hours and payment "terms (skip pays, annual pays, etc.) can be quoted by one of our financing partners. At the end of the lease (assuming all terms and conditioris of the lease have been fnet) the equipment may be retumed (subject to turn -in requirements xlentfied in the lease documents); ro awed for an addtiiona1 #'me, on mutually agreeable terms between the parties, or purchased at the then, fair market value of the equipment. In Canada, Toro's distributors hold direct relationships with financial institutions. IAs for LCE equipment, various additional special finance options and municipal lease options as well as no interest ana low-interest fixed -term loans. For current offers, visit www.toro.com/finance. Sourcewell members will submit purchase orders directly to an authorized Toro distributor/dealer. Sourcewell members can contact Toro directly to verify a specific dealer and/or pricing provided by our local distributor/dealers. Sourcewell members may also confirm their authorized distributor/dealer online at www.toro.com/locator. Toro will encourage and incent our authorized distributors/dealers to participate in the Sourcewell contract and provide contract pricing to Sourcewell members at the agreed-upon prices. Toro distributors/dealers supporting the Sourcewell contract will receive rebates from Toro for equipment sold under the Sourcewell contract to Sourcewell members. Toro distributors/dealers will be required to submit documentation to ensure compliance with the contract in order to receive their rebates. This information will be shared with Sourcewell directly from Toro on a quarterly basis, or as requested by Sourcewell. Toro has an impeccable track record of providing this information accurately and on time since the beginning of our first contract. We understand the importance of transparency and accurate reporting for Sourcewell, and for our customer 52 Do you accept the P -card procurement and payment Most of Toro's authorized distributors/dealers are able to accept P - process? If so, is there any additional cost to Sourcewell card procurement and payments. Additional fees may apply to participating entities for using this process? purchases made using p -card procurement. Table 11: Pricing and Delivery Bid Number: RFP 031121 Vendor Name: The Toro Company Page 396 of 849 u0cuoign r-nvewpu IIJ. 140VrOCM-ZI IG--IYJM-L)r VV-VVOV I.Vr ouo"I Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. 53 Describe your pricing model (e.g., line -item discounts or product -category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. For the contiguous United States, our pricing model is a discount off US MSRP that includes freight charges to the customer's dock. For Hawaii, Alaska, and US Islands, the discount structure is the same (discount off US MRSP) but freight is not included in the price. Freight will be determined at the time of the sale by the distributoddealer. For Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of order (exchange rate based on the monthly average published rate at that time according to the Bank of Canada — Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied. Bank of Canada — Monthly Exchange Rate Quantify the pricing discount represented by the pricing Toro Commercial products: zzlo otr current uj mzjKv proposal in this response. For example, if the pricing in • Bullseye Products: 5% off current US MSRP your response represents a percentage discount from Toro Landscape Contractor Equipment (LCE): 27% off current MSRP or fist, state the percentage or percentage range. US MSRP Toro Landscape Contractor SNOW Equipment (LCE SNOW): 20% off current MSRP • Toro Golf Irrigation: 40% off current US MSRP • Toro Residential ,Commercial 'Irrigation: 40% off current US MSRP • . Irritrol lhigation VNholefo'ods, Attachments and Accessories: 40% offcurrent US MSRP • Rainmaster Irrigation Wholegoods (RA): 35% off current US MSRP • Rainmaster Irrigation Parts (RB) 0.% off current US M$RP • ' Sentinel Irrigation ,1Nholegoods: 35%0 off current US IUSRP 55 Describe an _. ..._... y quantity ty or volume discounts or rebate programs that you offer. 56 Propose a method of facilitating "sourced" products or related services, which may be referred to as "open market" items or "nonstandard options". For example, you may supply such items "at cost" or "at cost plus a percentage," or you may supply a quote for each such request. 57 Identify any element of the total cost ofw...w W W acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre - delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 58 If freight, delivery, or shipping is an additional co�st to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Bid Number: RFP 031121 • Site Works Systems (SWS) Equipment: '17% off current US MSRP • : 1/entrac Products: 12% off current US MSRP • - Toro BOSS Snow Removal Products: 25% off current US MSRP • Used and Demonstrator equipment: pricing will be set by the distributoddealer based on product condition, age; hours, etc. Third -party attachments: distributors/dealers will set the price but will not exceed the list price and may Include setup and freight charges. Toro authorized distributors/dealers understand these are ceiling prices and may choose to provide additional discounts based on " unit quantity or total purchase volume.. Toro authorized distributors/dealers may provide third -party_ Y P equipment that attaches to Toro products. These products will be priced no higher than that products List Price. Freight and set-up fees may also apply to these products. We have identified the pricing and potential cost variations in items 53, 54, 55, and 56. Shipping charges for Toro equipment outside the contiguous United States are not covered as part of the product price. The Sourcewell members outside this area will be invoiced only for the actual costs of freight and delivery which can be provided at the time of order. Shipping costs will also be added for any third -party attachments purchased for Toro products. Vendor Name: The Toro Company Page 397 of 849 59 Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. 60 Describe any unique distribution. .-_ .. methods and/or deliverymethods or options offered in our proposal. Table 12: Pricing Offered ForHawaii, Alaska, and U -�� � S Islands, the discount structure is the same (discount off US MRSP) but freight is not included in the price. Freight will be determined at the time of the sale by the distributoddealer. For Canada, the pricing model is our US MSRP multiplied by the exchange rate at the time of order (exchange rate based on the monthly average published rate at that time according to the Bank of Canada - Monthly Exchange Rate). This creates a new MSRP for Canada and then the discount off that price is applied. Bank of Canada - Monthly Exchange Rate https://www.bankofcanada.ca/rates/exchange/monthly-xchange-rates/ Mostproducts will be shi p pped from a distributor/ dealler to the customer, but many of the products in the'Landscape Contractor , Equipment or Irrigation divisions may be available at the distributor/dealer location and may be picked up on-site. 61 c. better than the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing J---i---ate Table 13: Audit and Administrative Fee The pricing in our proposals is one of the most aggressive pricing structures offered to GPOs, cooperative procurement organizations, or state purchasing departments as a result of the reach and value provided by Sourcewell. Bid Number: RFP 031121 Vendor Name: The Toro Company Page 398 of 849 Table 14A: Depth and Breadth of Offered Equipment Products and Services 64 Provide a detailed description of the Toro offers a full line of irrigation, synthetic turf maintenance, and mowing equipment equipment, products, and services that you from 21" rotary mowers to rotary mowers with up to 16' width of cut, reel mowers, are offering in your proposal. aeration equipment, sprayers, debris removal equipment, material handling, greens rollers, zero -tum mowers, four-wheel steer mowers, snow removal attachments, compact utility loaders, and utility vehicles to meet the needs of any golf course, park, sports field, or general grounds maintenance. • SPORTS FIELDS AND GROUNDS EQUIPMENT Toro offers a complete and comprehensive line of new unused Sports Fields and Grounds Equipment of the latest design and technology to include, but not limited to, mowing equipment, utility vehicles, spraying equipment, irrigation products, turf cultivation equipment, and synthetic maintenance equipment. • GOLF COURSE MAINTENANCE EQUIPMENT ` Toro offers a complete and comprehensive line of new unused Golf Course Maintenance Equipment of the latest design and technology to include, but not be limited to, mowing equipment, utility vehicles, spraying equipment, renovation and utility equipment, turf cultivation equipment, and irrigation equipment. • RELATED EQUIPMENT PARTS Toro provides a complete and comprehensive line of Original Equipment Manufacturer (OEM) Sports Fields and Grounds Equipment Parts and Golf Course Maintenance Equipment Parts. • USED EQUIPMENT Each of our distributors provides access to quality used and demonstrator (demo) equipment. (Quantities and products are based on availability.) 65 Within this RFP category there may be a) Walk -Behind Rotary Mowers subcategories of solutions. List subcategory b) Zero -Radius Rotary Mowers ' titles that best describe your products and c)'Wide Area Rotary Mowers services. d) Walk -Behind Reel Mowers e) Commercial and Wide Area Reel Mowers f) Walk -Behind and Ride -0n Greens Mowers g)' Utility Vehicles h) Utility Tractors i) Turf Cultivation Equipment j) Turf Application -Equipment k) Debris Management Equipment 1) ;Infield, Groomers m) Compact Utility Loaders n) Residential / Commercial Irrigation o) Sentinel Irrigation Products P) Initrol Irrigation Products q) Large Commercial Rotors r) Rainmaster Irrigation Wholegoods s) Rainmaster Irrigation Parts/Accessories I) Golf irrigation u) Snow & Ice Removal Equipment v) Synthetic Turf Maintenance Equipment Bid Number: RFP 031121 Vendor Name: The Toro Company Page 399 of 849 Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Bid Number: RFP 031121 Vendor Name: The Toro Company Page 400 of 849 Table 15: Industry Specific Questions 70 If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success with the contract. 71 Describe the serviceability of the products included in your proposal (parts availability, warranty and technical support, etc.). 72 Describe advancements reflected in the equipment or products offered in your proposal, such as safety, longevity or life cycle cost measures. Bid Number: RFP 031121 Through Toro's Partners in Excellence (PIE) program, Toro measures specific areas of the business, year after year, and provides tangible ways for both Toro, and our distributor/dealer partners to see what we're doing well and what areas need improvement. Scores are based on things such as customer satisfaction, parts and product availability, service, and growth. These, along with contract utilization metrics will be used to measure the success of the Sourcewell contract. myTurf Pro is a powerful and easy -to -ase, application that seamlessly connects your assets and your maintenance program, regardless of brand. Provide your team with the tools to become more efficient by automating routine tasks, easily ordering parts, managing maintenance assignments, and tracking task completion. "At a glance" overviews keep you informed of asset status. Toro Genuine Parts Reliability - Most local distributorsdeliver parts within 24 hours. Toro backs this promise with 48-hour delivery support Toro MVP kits - Toro provides Maintenance ,Value Performance (MVP) Kits for many, common maintenance jobs,, including filter change kits, hydraulic ,hose replacement .nauv w ruanv vivaRuqy 01au L.y"iiNiqul,w4 inv;JUu vaawi -auu you are rebuilding rollers, replacingh 6 hydraulic hoses, or units, Toro 'MVP Kits make it simple to order all the fob. Also, see our response to question 25 for additional details' on the serviceability ,of Products (parts avalab7ity, warranty, and technical support}. Toro exclusive PX Hydraulic Fluid is another great innovation from Toro. This new premium hydraulic fluid performs better and lasts longer than conventional fluids. This means your equipment will run more smoothly and require fewer hydraulic fluid changes saving you time and money – up to 71%. Most 2019 and newer Toro commercial equipment come factory filled with Toro PX Hydraulic Fluid and have change intervals twice as long as previously... up to 2000 hours! EdgeSeries Reels+TM replacement reels take performance to the next level with bearings and seals already installed on the reel. Available for Toro riding and walk Greensmaster@) and Reelmaster@ mowers, EdgeSeries Reels+ are designed for longer life with less maintenance —all while delivering a phenomenal quality of cut. DPA Cutting Units with all-new EdgeSeriesTm Reels for Improved Greens & Fairways - EdgeSeries innovations include – longer -lasting - materials, even more precise manufacturing techniques, and well -researched design changes to both the reel and bedknife geometry that come together to provide an outstanding quality of cut with less maintenance. Vendor Name: The Toro Company Page 401 of 849 Exceptions to Terms, Conditions, or Specifications Form only those proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text. Bid Number: RFP 031121 Vendor Name: The Toro Company Page 402 of 849 Proposer's Affidavit P Q 9—SER AFFfDMOT AND.AN—U, CEDE COMPLIANCE, I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first -quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11, Proposer its employees, agents, and subcontractors are not: a. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: nii hJ.tps.J/wy�w.tr Qv f , /dpwnloads/.sd,,,,f �;df, b. Included on the government -wide exclusions lists in the United States System for Award Management found at: https:/ sam.ov/SAM/; or Bid Number: RFP 031121 Vendor Name: The Toro Company Page 403 of 849 c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. FY By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Brad Hamilton, Group Vice President, The Toro Company The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes a No If the Applicant declares an actual or potential Conflict of Interest by marking the box below, the Applicant must set out below details of the actual or potential Conflict of Interest: Toro does not believe we have an actual or potential Conflict of Interest. However, for the purpose of full transparency, The Toro Company has been in communication with Venture Products, Inc. (i.e. Ventrac) during the solicitation process, who we believe will be responding to this solicitation. The Toro Company acquired Venture Products, Inc. in March of 2020 and is one of several brands under the Toro Family of Brands. The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum_71_ Grounds_Maintenance_Equipment_RFP_031121 Thu March 4 202106:08 PM Addendum_10_ Grounds_ Maintenance—Equipment—RFP-031121 Thu February 2!2021 01:00 PM Addendum _9_ Grounds _Maintenance_Equipment_RFP_031121 Tue February 23 2021 10:33 AM Addendum -8— Grounds—Maintenance—Equipment—RFP-031121 Mon February 22 2021 10:21 AM Addendum -7— Grounds—Maintenance—Equipment—RFP-031121—CDR—Suggests Wed February 17 202109:01 AM Addendum _6_ Grounds _Maintenance_Equipment_RFP_031121 Tue February 16 2021 11:03 AM Addendum _5_ Grounds_Maintenance_Equipment_RFP_031121 Fri February 12 2021 03:14 PM Addendum 4 Grounds_ Maintenance—Equipment—RFP-031121 Tue February2 2021 02:12 PM Addendum -3— Grounds—Maintenance—Equipment—RFP-031121 Thu January 21 2021 03:47 PM Addendum -2— Grounds—Maintenance—Equipment—RFP-031121 Wed January 20 202102:02 PM Addendum -1— Grounds—Maintenance—Equipment—RFP-031121 Tue January 19 202103:36 PM Bid Number: RFP 031121 1 have reviewed the below addendum and pages attachments (if applicable) M 2 Vendor Name: The Toro Company Page 404 of 849 Toro #031121-TTC Pricing for contract #031121-TTC offers Sourcewell participating agencies the following discounts: • Toro Commercial Equipment: 22% off US MSRP • Toro Landscape Contractor Equipment (LCE): 27% off US MSRP • Toro Landscape Contractor SNOW Equipment (LCE SNOW): 20% off US MSRP • Toro Siteworks System (SWS) Equipment: 17% off US MSRP • BOSS Snow Removal Equipment: 25% off US MSRP • Toro Bullseye Equipment: 5% off US MSRP • Toro Golf Irrigation: 40% off US MSRP • Toro Residential Commercial Equipment (RES COM): 40% off US MSRP • Irritrol Irrigation Products: 0% - 40% off US MSRP • Rain Master Irrigation Products: 0% - 40% off US MSRP • Sentinel Irrigation Products: 35% off US MSRP • Large Rotors: 15% off US MSRP • Ventrac 4500 Series Products: 12% off US MSRP • Ventrac SSV Products: 5% off US MSRP • Third party attachments: distributors/dealers will set the price but will not exceed list price and may include setup and freight charges. Page 405 of 849 Page 406 of 849 10/Z1/11, 8:19 AM Sourcewell mu,YA . Toro u311Z1-IIu I Sourcewell Landscape & Grounds Maintenance Equipment #031121-TTC Maturity Date: 04/30/2025 Contact Information Contact Information Vendor Contact Information To purchase off this contract or for questions regarding products and pricing, please contact: Jon Stodola, Government Contracts Manager Phone: 612-597-3224 Email: jon.stodola@toro.com Ryan Miller, Ventrac-Government Contract Specialist Phone: 330-642-7130 Email: ryan.miller@ventrac.com Sourcewell Contact Information For questions regarding contract documentation or the solicitation process, please contact: Andy Campbell, Supplier Development Supervisor In https:/lwww.sourcewell-mn.gov/cooperative-purchasing/031121-ttcMab-contact-information Page 407 of 8429 1U/Zl/Zl, U19 AM uo i it 1-1 1'- i agurceweu Phone: 218-895-4145 Email: andy.campbell@sourcewell-mn.gov Jill Park, Supplier Development Specialist Phone: 218-895-4181 Email: jill.park@sourcewell-mn.gov Become a Member Simply complete the online application or contact the Client Development team at service@sourcewell-mn.gov or 877-585-9706. Search Vendors & Contracts General Contracts ezlQC Contracts Sourcewell's website may contain links to nongovernment websites being provided as a convenience and for informational purposes only. Sourcewell neither endorses nor guarantees, in any way, the external organization's services, advice, or products included in these website links. Sourcewell bears no responsibility forthe accuracy, legality, or timeliness of any content on the external site or for that of subsequent links. All questions related to content on external sites should be addressed directly to the host of that particular website. u+ I�IIIII �a . PPP` �lt IY a perms & Conditions Privacy Policy https://www.sourcewell-mn.gov/cooperative-purchasing/031121- ttcMab-contact-information Page 408 of 849 7.B. Consent Bids and Purchases Over $100,000 11/2/2021 City of Boynton Beach "• Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-149 - Approve the ranking as recommended by the Evaluation Committee and Authorize the City Manager to sign an agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. Explanation of Request: On July 29, 2021, Procurement Services issued a Request for Proposal (RFP) for "Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid)" with a pre -proposal conference and site visit held on August 10, 2021 to review the project with interested and qualified contractors. The scope of work includes labor, equipment, tools, materials and permitting for the rehabilitation of the Harvey E. Oyer, Jr. Park Marina Boat Ramps. On September 24, 2021, Procurement Services received four (4) proposals in response to the RFP, they were reviewed by Purchasing Services to ensure the proposals were responsive and met the RFP requirements. On October 22, 2021, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, discussed and reviewed the four (4) proposals. The following is the ranking and scoring from this meeting. Rank 1: Ferreira Construction Company, Inc. 82.83 Rank 2: Kelly Brothers, Inc. 79.17 Rank 3: Custom Built Marine Construction 73.67 Rank 4: Interstate Construction, LLC 59.00 The Committee's unanimous recommendation is to award this Construction Contract to Ferreira Construction Company, Inc. as the highest -ranked qualified firm. How will this affect city programs or services? The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. This project will directly improve the use of the City facility. Initially staff believed that the boat ramps could remain open during construction, but after receipt of the bids and refinement of the scope of work, the boat ramps will need to be closed for approximately (2) months to efficiently reconstruct the ramps and provide the least amount of disruption to boaters. As part of the ramp closure, staff has already pro -rated the annual rate of the boat trailer parking permits relative to the time that the ramp will remain closed. Staff will provide ample notice to the public via signage at the park, social media and direct communications with permit holders regarding closure. Due to the long lead time required for materials (i.e: gangways, docks, ramps, etc.), construction of the project cannot begin until all materials are received. Further, in an effort to reduce the City's costs, the direct purchase of materials requires 50% down -payment at time of order, but will save the City over $10,000.00 in Page 409 of 849 sale tax. All direct purchases of materials will be made by the City with funds specifically allocated for the construction of this Project. Fiscal Impact: Funds are included in the adopted C I P budget 302-4211-572.63-05 Project# RP2131 FY 21/22 - $600,000.00 (Florida Inland Navigational District) Grant FY 21/22 - $600,000.00 Alternatives: City Commission can reject all bids and direct the City Manager to resolicit these services. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $600,000.00 Contracts Vendor Name: Ferreira Construction Company, Inc. Start Date: End Date: Contract Value: $1,155,865.00 Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Page 410 of 849 Type D l3iid D Addendum D Addendum D Addendum D Addendum Description IResolu fioirn approving award of IRIFIF1 for Il larvey Oyer IFleirllk l3oet IRamp Improvements IRIFIF1 Solicitafion Addendum INo. 1 Addendum INo. Addendum INo. Addendum INo. 4 Page 411 of 849 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE RANKING AS RECOMMENDED BY THE EVALUATION COMMITTEE AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH FERREIRA CONSTRUCTION COMPANY, INC. OF HOBE SOUND, FL AS A RESULT OF RFP NO. 090-2S11-21 FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT (RE- BID) IN THE AMOUNT OF $1,1 SS,8S6.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 24, 2021, Procurement Services received four (4) proposals in response to the RFP No. 090-2511-21 for "Harvey E. Oyer Jr Park Marina Boat Ramp Improvement Project" (re -bid); and WHEREAS, on October 22, 2021, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, discussed and reviewed the four (4) proposals with the following ranking and scoring from this meeting: Rank 1: Ferreira Construction Company, Inc. 82.83; Rank 2: Kelly Brothers, Inc. 79.17; Rank 3: Custom Built Marine Construction 73.67; and Rank 4: Interstate Construction, LLC 59.00; and WHEREAS, the Committee's unanimous recommendation is to award this Construction Contract to Ferreira Construction Company, Inc. as the highest -ranked qualified firm; and WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens and residents 24 25 26 27 28 29 30 to approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed S:ACA\RESO\Agreements\Award of RFP for Oyer Park Marina Boat Ramp (Ferreira) - Reso.docx Page 412 of 849 1 as being true and correct and are hereby made a specific part of this Resolution upon 2 adoption. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 approves the ranking as recommended by the Evaluation Committee and authorizes the 5 City Manager to sign an Agreement with Ferreira Construction Company, Inc. of Hobe 6 Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat 7 Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. A copy of the 8 Agreement is attached hereto and incorporated herein as Exhibit "A". 9 Section 3. That this Resolution shall become effective immediately. 10 PASSED AND ADOPTED this 2nd day of November, 2021. 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 29 Crystal Gibson, MMC 30 City Clerk 31 32 33 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Award of RFP for Oyer Park Marina Boat Ramp (Ferreira) - Reso.docx YES NO Page 413 of 849 Question Deadline: August 16, 2021, No Later Than 12:00 P.M. REQUEST FOR PROPOSAL FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP: 090-2511-21 TABLE OF CONTENTS Tableof Contents..............................................................................................................1 Performance Bond........................................................................ Noticeto Proposers..........................................................................................................2 - 3 Section 1 — Scope of Services......................................................................................4 - 6 Section 2 — Instruction to Proposers..................................................................................7 - 8 Section 3 — Proposal Submission Requirements...............................................................9-12 Section 4 — Evaluation of Proposals..................................................................................13-14 Section 5 — General Conditions.........................................................................................15-24 Section 6 — General Conditions for Constructions..........................................GC25 — GC72 Appendix `A' Proposer's Qualification Statement....................................................................... 74-78 Anti -Kickback Affidavit........................................................................................... 79 Non -Collusion Affidavit of Proposer.......................................................................80 Certification Pursuant to Florida STATUTE § 287.135 ........................................... 81 -82 E -Verify Form......................................................................................... 83-84 PriceProposal.........................................................................................85-86 Appendix `B' Draft Contract Agreement.........................................................................88-94 Performance Bond........................................................................ PFB-1 — PFB-3 Payment Bond............................................................................. PYB-1 — PYB-3 Warrantyof Title........................................................................................ WT -1 Insurance Advisory Form.............................................................................. INS Attachment A: Project Plans / Drawings 1 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telenhone: 1561) 742-6323 NOTICE TO PROPOSERS RFP Title: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP Number: 090-2511-21 Electronic Proposals shall be received by the bidding system no later than September 7, 2021, No Later Than 2:30 PM (Local Time). All Proposals will be publicly opened and only the names of the Proposers will be disclosed. RFP's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that you allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton -beach. bidsandtenders. net Documents are not provided in any other manner. A MANDATORY Pre -Proposal Conference and site visit are scheduled for August 10, 2021, at 10:00 A.M. to be held at Harvey E. Oyer Jr. Park, 2010 N. Federal Highway, Boynton Beach, Florida 33435. Attendance is mandatory and proof of attendance will be indicated by the Proposer's signature or their appointee on the attendance sheet provided at the Pre -Proposal Meeting. The Site Inspection Visit Form provided during the site visit will be signed by a representative from the Public Works Department and uploaded with the Proposal for the submittal to be considered "complete and acceptable". SCOPE OF SERVICES: The City of Boynton is soliciting proposals from a qualified Contractor to repair and alter the existing boat ramps, floating docks, reconfiguration, and resurfacing portion of the existing driveway. This solicitation is to establish a Contractor who can perform selective demolition, structural, architectural, and site improvements associated with the reconfiguration of the docking facility. This project will be achieved in two (2) phases, phase one (1) will be the coordination of materials and scheduling within one hundred and twenty (120) calendar days and phase (2) is the installation of ramps, floating docks, and resurfacing of the driveway within sixty (60) calendar days, while marina and boat launch is closed. The scope of work includes all labor, equipment, tools, materials, and permitting for improvements at Harvey E. Oyer Jr. Park Marina Boat Ramp, 2010 N Federal Highway, Boynton Beach, Florida 33435. The scope of work is more clearly defined in the Contract Documents, Special Conditions and Terms and Conditions for City Furnished Materials (if applicable), Technical Specifications, and project drawings, which are hereby not listed in any order of precedence. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for an award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 101-j1102:1Xd0]:1sm116'1410,1411JN Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 'r7 U REQUEST FOR PROPOSAL FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP No. 090-2511-21 SECTION 1 —SCOPE OF SERVICES 1.1 SCOPE OF SERVICES TO BE PERFORMED: The intent of this Request for Proposal is to establish a Contractor who can perform rehabilitation of the Harvey E. Oyer Jr. Park Marina Boat Ramp. This project will be achieved in two (2) phases, phase one (1) will be the coordination of materials and scheduling within one hundred and twenty (120) calendar days and phase (2) is the installation of ramps, floating docks, and resurfacing of the driveway within sixty (60) calendar days, while marina and boat launch is closed. The boating community and the users of this facility have stated that the four (4) boat ramps have become difficult to use, due to the current surface conditions. These conditions include both surface materials and the slope of each ramp. The City of Boynton Beach is soliciting proposals from Contractors for the installation of fixed and floating docks, along with gangways, provided by the City's pre -selected manufacturer, Gold Marine Systems, Inc. at Harvey E. Oyer Jr. Park Marina Boat Ramp, located at 2010 N. Federal Highway, within the City. Proposals to include all labor, equipment, tools, materials, and permitting for the repair and alterations of the existing boat ramps, floating docks, reconfiguration, and resurfacing portion of the existing driveway as illustrated in Attachment A — Project Plans / Drawings. Due to environmental permitting regulations related to the modification of the docking facility. All architectural and structural modifications have been clearly defined within these drawings. • Rework the existing four (4) boat ramps as required to improve their functionality from the standpoint of surface material and possibly ramp slope. • Replace the existing three (3) floating docks located in the marina area. • Rework and repair the driveway surfaces in the immediate areas located at the turn -around and the paved areas directly adjacent to the boat ramps. This will include the replacement of curbing and walkway that may be damaged during the modification described herein. • Remove existing landscape island. • Relocate coral to accommodate new boat ramps. The drawings and annotations included are for schematic purposes only and proposed to establish the criteria for the selective demolition, structural, architectural, and site improvements associated with the reconfiguration of docking facility located at 2010 N Federal Highway, Boynton Beach, Florida. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project The Contractor shall perform all work required for a complete project including all appurtenances associated with this project. Each Proposer is responsible for becoming fully familiar with the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so shall not relieve a successful Proposer of obligation to furnish all material and labor necessary to carry out the provisions of his Contract. Prior to submission of a proposal, a Proposer must make a physical inspection of the worksite, and therefore at the time of the opening of proposals, each Proposer will be presumed to have fully inspected the site and to have read and to be thoroughly familiar with the plans and Contract documents (including all addenda) and submitted a proposal based on that gathered knowledge. The failure or omission of any Proposer to examine the site any form, instrument or document shall in no way relieve any Proposer from any obligation in respect to Proposer's bid. Nothing in this solicitation shall be interpreted or construed as relieving any Proposer of any obligation to conduct or attend a mandatory site inspection, as may be required and referenced elsewhere in these bid documents. 1.2 SCHEDULE AND MANUFACTURER COORDINATION: The Proposer shall agree that if awarded the contract, the Proposer shall complete said work in accordance with the executed contract, on the date to be specified in a written "Notice to Proceed" of the CITY. This project will be achieved in two (2) phases, phase one (1) will be the coordination, acquisition of materials, and scheduling within one hundred and twenty (120) calendar days and phase two (2) is the installation of ramps, floating docks and resurfacing of the driveway. The undersigned agrees to commence installation work within ten (10) calendar days after the date of "Installation - Notice to Proceed" and shall achieve substantial installation completion without interruption within sixty (60) calendar days, thereafter. The Proposer's timeframe for completion of work will take into consideration the established timeframe for fixed and floating dock manufacturing. The Proposer shall install floating docks in accordance with the Manufacturer's schedule and it shall be the Proposer's responsibility to coordinate with the Manufacturer insofar as product delivery dates and develop their schedule for installation accordingly. It shall be the Proposer's responsibility to coordinate the installation schedule with the Manufacturer's delivery schedule at all times during construction. It is also the Proposer's responsibility to coordinate with the manufacturer regarding the onsite location of delivery, offloading, handling, and storage of floating dock, gangway, and other products. The Proposer must be staged and ready to accept floating dock, gangway, and other products immediately upon delivery to the site. The Proposer is required to provide supervision, personnel, and land-based and/or barge -mounted equipment for offloading all products delivered to the site. The Proposer's bid must include the cost of manufacturer coordination, as well as the cost of offloading products delivered to the site. The City will NOT be responsible for any delays caused by the Manufacturer's delivery schedule as pertaining to the Proposer's installation schedule. Equally, the City will NOT be responsible for any delays caused by the Proposer that impacts the Manufacturer's fabrication, and delivery schedule. The Proposer shall make note that Liquidated Damages shall be imposed for failure to meet the established installation schedule. Provisions regarding Liquidated damages, including under what circumstances and for what cost they may be imposed, will be addressed in the final contract between Proposer and the City. The Proposer shall be evaluated based on its ability to meet this established schedule noting that the City reserves the right to disqualify the Proposer should it not be able to commit to the established installation schedule, subject to no interruption or delays caused by the City, manufacturers or other parties involved in the project, is essential. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 1.3 PROPOSER RESPONSIBILITY: • Proposer(s) shall provide all supervision, labor, tools, and materials to complete all services as required per bid specifications. • Proposer(s) will be responsible for ensuring that all employees are in compliance, at all times, with the Terms, Conditions, and Specifications outlined in these bid specifications. • Proposer(s) shall provide and ensure the wearing of protective clothing, masks, ear, and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Proposer's personnel shall be in company uniform at all times while working on City property. • Proposer(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including the following O.S.H.A Regulations. • Proposer(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statutes pertaining to services as specified. • The Proposer shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, power, supervision, and all other services and items of the expense required for the complete performance of all Work. ➢ Pay legally required sales, consumer, and use taxes. ➢ Pay all charges by all suppliers and subcontractors to the Contractor for such work as supporting, replacing, moving, or providing protection for their facilities as necessitated by the Proposer's operation. ➢ Pay all costs of restoration of pavements, landscaping, and structures damaged by the Proposer's operation, including all staging areas solely to the satisfaction of the City. ➢ Give all required notices. ➢ Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi -public authorities that bear on the performance of the work. ➢ The Proposer shall be responsible for safely barricading open excavations which may present hazards. ➢ The Proposer shall be responsible for securing all tools, equipment, and material at the job site. 1.4 COMMUNICATIONS: The Proposer or his/her representative will meet with the City's designated representative at an agreed-upon day or date to discuss schedules, problems, needs, and mutual areas of concern. 6 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project SECTION 2 — INSTRUCTIONS TO PROPOSERS 2.1 Electronic Requests for Proposals (RFP's) shall be received by the bidding system no later than September 7, 2021, No Later Than 2:30 PM (Local Time). 2.2 Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Proposer to have their RFP submittal submitted online. 2.3 Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. 2.4 It is the responsibility of the Proposers to have received all Addenda that are issued. Proposers should check online at Boynton -beach. bidsandtenders. net prior to submitting their Bid and up until Bid closing time and date in the event, additional addenda are issued. 2.5 To obtain documents online please visit Boynton-beach.bidsandtenders.net. You can preview the bid documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 2.6 ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Bidding System. Hardcopy submissions are not permitted. 2.7 Proposers are cautioned that the timing of their Bid Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Bid is submitted, as Bid transmission can be delayed due to file transfer size, transmission speed, etc. 2.8 For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 2.9 Proposers should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their bid was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support .bidsandtenders.ca. 2.10 Late Submittal Responses are not permitted by the Bidding System 2.11 To ensure receipt of the latest information and updates via email regarding this Invitation to Bid, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposers to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for making RFP responses to the City are to be borne by the Proposers. 7 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 2.13 A sample draft agreement that the City intends to execute with the successful Proposer(s) is contained within this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. 2.14 Each Proposer, by submission of a bid response, acknowledges that in the event of any legal action challenging the award of an RFP; damages, if any, shall be limited to the actual cost of the preparation of the RFP. 2.15 References to the term "bid" shall be construed to mean "proposal'. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project REQUEST FOR PROPOSAL FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP No. 090-2511-21 SECTION 3 — PROPOSAL SUBMISSION REQUIREMENTS 3.1 SUBMISSION OF PROPOSALS A. General Requirements. The selected Proposer(s) shall provide sufficient organization, personnel, and management to carry out the requirements of this RFP in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Proposer will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFP. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing and business permits related to the Work specified herein. C. Detailed Proposal. Each of the five (5) sections listed below shall either be completed online or documentation to be uploaded through the bidding system. 1. Letter of Interest — Online Form The letter of interest shall provide a brief narrative highlighting the proposer's qualifications and key points of the proposal and shall be signed by an official authorized to bind the proposer and who shall be responsible for committing the firm's resources to this project. 2. Proposer's Qualification Statement — Form to be completed and attached online 3. Qualifications of Project Team and Availability of Specialty Resources. —Online Form Proposers responding to this Solicitation (also referred to as Respondents) shall pay special attention to this section of the Request for Proposal (RFP) as the information requested will be used to evaluate qualifications, technical capabilities, and overall expected ability to perform the work. Respondents to this RFP must adequately address each of the items listed below. Failure to address each of the items may result in the Respondent being considered non-responsive. Note that the Respondent must clearly address each item noting that the City reserves the right to waive any of the minimal requirements contained, herein. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project a) Company Profile Legal name, address, telephone number, fax number, e-mail address, web page address, etc. of the Respondent, together with legal entity (corporation, partnership, etc.) Proposer must be established as a legal entity in the State of Florida for at least five (5) years. State whether the Proposer is local, regional, or national; give a list of owners and/or partners and managers of the firm (include names, addresses, and phone numbers); briefly describe your facilities and capabilities; any additional information that your firm wishes to supply. Provide years in business and specifically state the number of years of experience in the installation of fixed and floating dock systems. The City reserves the right to disqualify Respondents based on the extent of relevant experience. b) Qualifications of Proposer The Respondent shall demonstrate successful completion of previous projects comparable in design, scope, and complexity. Current projects must be at least 50 percent complete to qualify for consideration. The Respondent should specifically demonstrate successful experience in the construction of projects that are on or near the water, that include the installation of pre -manufactured floating and fixed dock systems. List the projects which best illustrate the experience of the Proposer and current staff which is being assigned to this project. The Respondent shall, at a minimum provide the following: • Name and location of the project. • The nature of the Proposer's responsibility on this project. • Project reference contact information including name, address, and phone number. • Date project was completed or is anticipated to be completed. • Size of project (gross square feet (GSF) of construction, number of slips). • Cost of project (construction cost). • Scope of work performed. • Project Manager, Qualifier, and other key professionals involved on listed project that would be assigned to this project, if any. c) Capacity to Perform Using In -House Staff Resources The Respondent must demonstrate the current capacity to perform no less than 50% of major components of work using in-house staff resources. This includes project managers, field supervisors, field technicians, and equipment operators. Major components of work include fixed and floating dock installation and concrete pile driving. The Respondent shall include the general and specific project -related capability of the in-house staff and indicate the adequate depth and abilities of the organization which it can draw upon as needed. Give brief resumes of the qualifier and key persons to be assigned to the project including, but not limited to: • Name and title • Location of office the person is assigned if other than the main location • How many years with this Proposer • How many years with other firms • Relevant project experience • Size of projects (dollar value & GSF of project) • What were the specific project involvements • Active registration and qualifications relevant to this project 10 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project • Experience with state requirements for marine projects d) Equipment Capacity and Availability The Respondent must demonstrate the capacity to provide the necessary equipment to perform the work within the schedule established for the project. The Respondent shall fully evaluate the project insofar as the nature, extent, and complexity of work, environmental conditions, and site constraints and provide a list of equipment suitable to complete the project. The Respondent shall consider air and noise pollution, vibration, environmental protection, and public safety in the selection of equipment. The Respondent can be considered non-qualified should the City determine that the proposed equipment is not adequate based upon type or availability. e) Schedule The Respondent will be evaluated on their ability to meet the project schedule. The Project is funded in part, through various grant programs, whereas adherence to schedules is critical. The Respondent must demonstrate they have adequate project management, supervisory staff, personnel, and equipment capacity to complete the project within the timeframe established for the project. 4. References and Past Performance — On-line Forms a) References Provide a list of three (3) references for similar projects for which the Proposer has completed or are in progress within the past five (5) years with the following information: • Name of Agency • Address • Contact Name • Email Address • Telephone Number. The City is interested in learning about other government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designees will email or call each reference up to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. b) Past Performance Record Past performance on previous projects similar in nature is an important evaluation factor. The Proposer shall disclose information on projects that they failed to perform, over the last 5 years, if there are any, and indicate the reasons for failure to perform. Failure to perform is defined, herein as a Respondent's inability to complete a project in accordance with the terms of an executed contract. Specifically, and as applicable, the Proposer shall provide the following: • Name and description of the project • Year of project • Type of project, approximate size, and dollar amount • Project Manager, Qualifier, and other key professionals involved in the listed project • Circumstances relating to failure to perform 11 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project • Remedial measures attempted by the Proposer • Ultimate measures taken by the Owner to complete the project 5. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, and notarized when required and submitted. In addition, all other requested and supporting documentation should be included. a) Letter of Interest — Online Form b) Proposer Acknowledgement — Online Acknowledgement C) Proposer Qualification Statement — Upload Form Online d) Price Proposal - Online Form e) Qualifications of Project Team and Availability of Specialty Resources - Online Form f) Addenda Acknowledgement — Online Acknowledgement g) Anti -Kickback Affidavit — Upload Form Online h) Non -collusion Affidavit of Proposer — Upload Form Online i) Certification Pursuant to Florida Statute § 287.135 - Upload Form Online j) Confirmation of Drug -Free Workplace - Online Acknowledgement k) Palm Beach Inspector General - Online Acknowledgement 1) Schedule of Sub -Contractors — Online Form M) Submit current Florida Professional License(s), including evidence of possession of required licenses or business permits — Attach and Upload n) References — Online Form o) Past Performance Record — Online Form P) E -Verify Form Pursuant to Florida Statute § 448.095 — Upload Form Online q) Mandatory Site Visit Form - Upload Form Online r) W-9— Attach and Upload PRICE PROPOSAL IS A SEPARATE DOCUMENT WHERE YOU WILL INPUT PRICES WITHIN THE SYSTEM 12 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project REQUEST FOR PROPOSAL FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP No. 090-2511-21 SECTION 4 — EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA The City will designate a Selection Committee to review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive which means a Firm that has submitted a proposal that conforms in all material respects to the requirements in this RFP, and will be evaluated as follows: CRITERIA POSSIBLE POINTS 1. Proposer: Qualification and Experience 35 2. Project Team's: Qualifications and Experience 25 3. Proposed Fees 30 4. References 20 TOTAL 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": 1. A Selection Committee consisting of City staff members, and an outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFP, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFP. 2. In the event, less than three (3) Proposers express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of Proposers. If the decision is to re -advertise, and after a subsequent advertisement resulting in three (3) 13 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Proposers that still cannot be qualified, then the City shall proceed hereunder with the qualified Proposers. 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFP and may create a short list of a minimum of three (3) Proposers deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee may conduct discussions, interviews, or require presentations from the shortlisted Proposers. Upon completion of the discussions, interviews, or presentations, the Committee will re-evaluate, re -rate, and re -rank the proposals remaining in consideration and based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for the award will be submitted to the City Commission for approval. 7. Upon approval by the City Commission, the City will negotiate an agreement(s) based on the attached draft contract found in Appendix "B" developed from this REQUEST FOR PROPOSALS. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract(s) will be submitted to the City Commission for their consideration and approval. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 14 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project REQUEST FOR PROPOSAL FOR HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT RFP No. 090-2511-21 SECTION 5 — GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The Proposer will submit a bid on the bid forms provided. All bid prices, amounts, and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date, and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: The proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Proposer's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, the proposed schedule, the proposed price, and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules, and past performances in other Contracts with the City or other government entities. 7. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Proposer meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; 15 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 9. QUALIFICATIONS OF PROPOSERS: The City will only consider solicitation responses from Proposers normally engaged in performing the type of work specified within the Contract Documents. The vendor must have adequate organization, facilities, equipment, and personnel to ensure prompt and efficient service to the City. Refer to Special Conditions for Additional Qualifications or Certification Requirements (if applicable). The City reserves the right to inspect the facilities, equipment, personnel, and organization or to take any other action necessary to determine the ability to perform in accordance with specifications, terms, and conditions. The City will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject responses where evidence or evaluation is determined to indicate an inability to perform. The City reserves the right to consider a Vendor's history of any and all types of citations and/or violations, including those relating to suspensions, debarments, or environmental regulations in determining responsibility. The vendor should submit with its solicitation response a complete history of all citations and/or violations notices and dispositions thereof. Failure of a Vendor to submit such information may be grounds for termination of any contract awarded to a successful Vendor. The vendor shall notify the City immediately of notice of any citations or violations which they may receive after the opening date and during the time of performance under any contract awarded to them. 10. DISQUALIFICATION OF PROPOSER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: A. Not including an executed Proposer signature. B. Not being licensed to perform the required work or to provide the required product. C. Not being eligible to bid due to violations listed under Item No.38, "Public Entity Crimes." D. Not completing the Bid Submittal Forms as required. 11. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 16 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 13. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. All Proposers must disclose with their Bid, the name of each of its employees, agents, or relatives who are employees of the CITY. The Proposer represents and warrants to the CITY that no officer, employee, or agent of the CITY has any interest either directly or indirectly, in the business of the Proposer to be conducted hereunder. The Proposer further represents and warrants to the CITY that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure this contract and that it has not paid, or agreed to pay any person, company, corporation, individual, or Firm, other than the bona fide personnel working solely for the Proposer for a fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making of this contract. The Proposer also acknowledges that it has not agreed as an expressed or implied condition for obtaining this contract to employ or retain the services of any person, company, individual, or Firm in connection with carrying out this contract. It is understood and agreed by the Proposer that, upon the breach or violation of this Section, the CITY shall have the right to terminate the contract without liability and at its sole discretion, and to deduct from the contract price, or to otherwise recover the full amount of such fee, commission, percentage, gift or consideration paid by the Proposer. A. The Proposer represents that it presently has no interest, either direct or indirect while performing the services required by this contract, which would conflict in any manner with Florida Statutes. The Proposer represents that no person having any such interest shall be employed during the term of this contract, including any officer, employee, or agent of the CITY. B. The Proposer represents and warrants that it has no current contracts with any entity that would create any conflict of interest in the Proposer's ability to perform the services required by this contract. Further, the Contractor represents and warrants that throughout the term of this contract, it will not undertake any work that would create such a conflict of interest. C. The Proposer shall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business association, interest, or other circumstance that may influence or appear to influence the Proposer's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Proposer may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Proposer. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Proposer, the CITY shall so state in the notification and the Proposer shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Proposer under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Proposer shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 14. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to 17 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 15. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer's through the City's e -Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Proposer to have received ALL addenda that are issued. Proposers should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Proposer submits their bid prior to the BID closing time and date and addenda have been issued, the Bidding System shall WITHDRAW the Proposer's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Proposer can view this status change in the "MY BIDS" section of the Bidding System. The Proposer is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date 17. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". 19. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 20. ALTERNATES: Where a base bid is provided for, the Proposer shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 18 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 21. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 22. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tender's final payment to the respondent. 23. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 24. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 25. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 26. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 27. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 28. LIABILITY: The selected Proposer(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected Proposer(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from Proposer's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the Proposer within ten (10) business days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the Proposer hereunder, for which the City may be entitled to a claim or indemnity against the Proposer, under the provisions of this Contract. Proposer shall have the right to control the defense of any such claim, suit, 19 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project or action. The Proposer shall also be liable to the City for all costs, expenses, attorneys' fees, and damages which may be incurred or sustained by the City by reason of the Proposer's breach of any of the provision of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 29. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 30. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible Proposer whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any Proposer, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging Proposer. In no case will the award be made until all necessary investigations have been made into the responsibility of the Proposer and the City is satisfied that the most responsive, responsible Proposer is qualified to do the work and has the necessary organization, capital, and equipment to carry out the required work within the time specified 31. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 32. AS SPECIFIED: A Purchase Order will be issued to the successful Proposer with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 33. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The Proposer's invoice payment terms must be shown. 34. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the Proposer to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the Proposer will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 35. PRICES, TERMS, AND PAYMENT: Bid prices shall be fixed and firm to the extent required under Special Conditions. In the absence of a reference in the Special Conditions, bid prices shall be so fixed and firm for a period of ninety (90) calendar days. Prices must be submitted as outlined in the bid specifications. Generally, the prices must be submitted in units of quantity whereby both unit price and the extended total shall be submitted. In case of discrepancy in computing the amount of the Bid, the Unit Price quoted shall govern. All prices shall be F.O.B. destination, freight pre -paid (unless otherwise stated in the Special Conditions). The award, if made, shall be in accordance with the terms and 20 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project conditions stated herein. Each item must be Bid separately and no attempt is to be made to tie any item or items in with any other item or items. Payment shall be made only after installation and acceptance of materials/services. Cash discounts may be offered for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. All payments shall be governed by the Local Government Prompt Payment Act, F.S. § 218. 36. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. 37. MISTAKES: Proposers are cautioned to examine all terms, conditions, specifications, drawings, exhibits, delivery instructions, bid prices, extensions, and all instructions pertaining to the ITB. 38. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a Contract or Purchase conditions to invoicing and Payments". Drder issued pursuant to this Bid Specification shall minimally meet the following )e considered as a valid payment request. If progress payments are applied for, all payments shall be as stipulated under the Special Conditions section titled "Progress All invoices shall be based upon and submitted with an approved Schedule of Values. Said Schedule of Values shall also contain a percentage breakdown of the supplies and services completed for which payment is requested in comparison to the total contract. All invoices submitted shall consist of an original and one (1) copy and: A. Contain the Proposer's Federal Employer Identification Number. B. Clearly reference the subject Contract or Purchase Order number; C. Provide sufficient salient description to identify the goods or services for which payment is requested; D. Must be an original or legible copy of a signed delivery receipt including both manual signature and printed name of a designated CITY employee or authorized agent; be clearly marked as "partial", "complete", or "final" invoice. The CITY shall accept partial deliveries. Timely submission of properly certified invoice(s) shall be in strict accordance with the price(s) and delivery elements as stipulated in the Contract document. The CITY's term of payment, unless otherwise stated in the Contract or Purchase Order documents is "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the CITY and appear on the Contract or Purchase Order document to be binding on the CITY. Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected invoice to the CITY for processing. 39. PROMOTIONAL PRICING: In addition, Proposer shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Proposer's responsibility to monitor such item(s) and report any that are or shall be offered at a lower price. 40. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Proposer. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment, and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Proposer and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 41. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits 21 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 42. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 43. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower -tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 44. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE 22 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project BOYNTON BEACH, FLORIDA, 33435 561-742-6061 45. LOCAL BUSINESS PREFERENCE, The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue -generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 46. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY's suppliers for construction/public works -related materials. 47. SCRUTINIZED COMPANIES - 287.135 and 215.473: By submission of this Bid, the Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 48. E -VERIFY: Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. A. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for contractor or another subcontractor in exchange for a salary, wages, or other remuneration. 23 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. B. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: 1) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and 2) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and 3) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 24 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project GENERAL CONDITIONS FOR CONSTRUCTION TABLE OF CONTENTS Article TITLE 6.13 Public Convenience and Safety No. 6.14 Sanitary Provisions COVER 6.15 Indemnification TABLE OF CONTENTS 6.16 Claims 1. DEFINITIONS 2. PRELIMINARY MATTERS Article TITLE 2.1 Delivery of Bonds and Insurance No. Certificates 6.17 Responsibility for Connecting to Existing 2.2 Copies of Documents Work 2.3 Notice to Proceed 6.18 Work in Street, Highway or Other Rights - 2.4 Starting the Work of -Way 2.5 Pre -Construction Conference 6.19 Cooperation with Governmental 2.6 Site Mobilization Meeting Departments, Public Utilities, Etc. 2.7 Progress Meeting 6.20 Use of Premises 2.8 Pre -Installation Meeting 6.21 Protection of Existing Property 2.9 Finalizing Scheduling Improvements 2.10 Submittals 6.22 Temporary Heat 3. CONTRACT DOCUMENTS 6.23 Schedule 3.1 Intent 6.24 Continuing the Work 3.2 References to Standards 6.25 Contractor's General Warranty and 3.3 Review of Contract Documents Guarantee 3.4 Order of Preference 6.26 Deletion/Oversight/Misstatement 3.5 Amending Contract Documents 6.27 Exceptions to Specifications 3.6 Reuse of Documents 6.28 Silence of Specifications 4. SITE OF WORK 6.29 Quality 4.1 Availability of Lands 6.30 Conditions of Materials 4.2 Reports of Physical Conditions 6.31 Disposal 4.3 Physical Conditions - Underground 6.32 Occupational Safety and Health Facilities 6.33 O.S.H.A. 4.4 Differing Site Conditions 6.34 Conditions and Packaging 4.5 Reference Points 6.35 Underwriters Laboratories 5. BONDS AND INSURANCE 6.36 Asbestos 5.1 Bonds 6.37 Closeout Submittals 5.2 Insurance 6.38 Temporary Barriers and Enclosures 6. CONTRACTOR'S RESPONSIBILITIES 6.39 Environmental Controls 6.1 Contractor Status 6.40 Security Procedures 6.2 Contractor Risk 6.41 Product Substitution Procedures 6.3 Supervision and Superintendence 6.42 Field Samples 6.4 Labor, Material and Equipment 7. OTHER WORK 6.5 Concerning Subcontractors 7.1 Related Work on Site 6.6 Patent, Fees and Royalties 7.2 Coordination 6.7 Permits, Laws and Regulations 8. CITY'S RESPONSIBILITIES 6.8 Taxes 8.1 Communications 6.9 Record Documents/Right to Audit 8.2 Furnish Data 6.10 Safety, Protection and Emergencies 8.3 Payments 6.11 Shop Drawings and Samples 8.4 Lands, Easements, and Surveys 6.12 Site Clean-up 8.5 Change Orders 25 090-2511-21- Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project r0149M: KCIA0R .vasK.1►u11IMLim.»K.101.11WIN IM0 8.6 Suspension of WORK 14.7 Partial Utilization 8.7 Estimated Dollar Value 14.8 Final Inspection 8.8 Quantities 14.9 Final Application for Payment 8.9 Additional Terms and Conditions 14.10 Final Payment for Acceptance 9. CONSULTANT'S STATUS DURING 14.11 Waiver of Claims CONSTRUCTION 14.12 Punchlist Procedures 9.1 CITY'S Representative 14.13 Reduction of Retainage Procedures 9.2 Visits to Site 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or 9.9 Decisions on Disputes Terminate 9.10 Inspections and Testing 16. DISPUTE RESOLUTION 9.11 Limitations on CONSULTANT 16.1 Good Faith Effort 10. CHANGES IN WORK 16.2 Mediation 10.1 Authorized Changes 17. MISCELLANEOUS 10.2 Unauthorized Changes 17.1 Giving Notice 10.3 Execution of Field Change Order/Change 17.2 Computation of Time Order 17.3 Notice of Claims 11. CHANGE OF CONTRACT PRICE 17.4 Cumulative Remedies 11.1 General 17.5 Accident and Prevention 11.2 Cost of the WORK 17.6 Florida Products and Labor 11.3 Contractor's Fee 17.7 Employees 11.4 Cash Allowances 17.8 Non -Discrimination 11.5 Unit Price WORK 17.9 Drug -Free Workplace 11.6 Omitted WORK 17.10 Public Entity Crimes 12. CHANGE OF CONTRACT TIME 17.11 Assignment 12.1 General 17.12 Venue 12.2 Liquidated Damages 17.13 Funding Out 12.3 Reimbursement of Consultant Expenses 17.14 CITY'S Purchasing Card 13. TEST AND INSPECTIONS: 17.15 Debarment CORRECTION, REMOVAL OR 17.16 Requirements for Personnel Entering ACCEPTANCE OF DEFECTIVE WORK CITY'S property 13.1 Notice of Defects 17.17 Product Recall 13.2 Access to WORK 17.18 Rights to Bid Documents 13.3 Tests and Inspections 17.19 Severability 13.4 Uncovering WORK 17.20 Verification of Employment Status 13.5 CITY May Stop the WORK 17.21 Abbreviations and Symbols 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion r0149M: KCIA0R .vasK.1►u11IMLim.»K.101.11WIN IM0 ARTICLE 1 — DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter: The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter, within the time specified, the CITY may enter into a Contract. 1.5 Bid: The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder: Any person, firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid, Instructions to Bidders, Bid Form, and proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.8 Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order: A written order to the CONTRACTOR executed by the CITY, CONSULTANT, and CONTRACTOR authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4 "Clarifications and Interpretations' or orders minor changes in the Work in accordance with para. 10.1 "Authorized Changes in the Work 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided. The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant: The person, firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents: The Contract Documents establishing the rights and obligations of the parties and include the Contract, Contract/Bid, Addenda, CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award, when attached as an exhibit to the Contract, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, Special Conditions, and the Drawings as the same are more specifically identified in the Contract, together shall all Written Amendments, Change Orders, Field Change Orders (change orders as a result of Field changes), and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format or text, data, graphics, and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price: The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time: The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR: The individual, partnership, corporation, joint venture, or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY: A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory, faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings: The drawings, plans, maps, profiles, diagrams, and other graphic representations which show character, location, nature, extent and scope of the Work, which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. 1041111WAI&A 1.23 Effective Date of the Contract: The date indicated in the Contract, but if no such date is indicated, it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements: See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations; Laws or Regulations: Laws, rules, codes, regulations, ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations, either federal, state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed: The written notice issued by the CITY, or its agents, to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and the date the Contract Work to be completed. 1.29 Partial Utilization: Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. 1.30 Project: The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative: The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder, Offeror, Quoter, or Respondent: An individual or business that has submitted a bid, offer, proposal, quotation, or response, which has the capability in all respects to perform fully the Contract requirements, and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder, Offeror, Quoter, or Respondent, Vendor, Contractor: an individual, or business that has submitted a bid, offer, proposal, quotation, or response, which conforms in all material respects to the solicitation, including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by or for the CONTRACTOR, a Subcontractor, manufacturer, supplier or distributor and which illustrate the equipment, material or some portion of the Work and as required by the Contract Documents. Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product, material, system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents, and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions: When included as part of the Contract Documents, Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub -Bidder: One who submits a Bid to a Bidder. 1.38 Sub -Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub -Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion: For purposes of this Contract, and for compliance of those procedures, duties and obligations as set forth in Florida Statutes § 218.70 and § 218.735, the term Substantial Completion shall be as follows, in lieu of any other definition "Substantial Completion" is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes, including but not limited to the completion of all specified systems and items relating to life safety and regulatory use, with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. Additional conditions (if any) needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. When the entire Project is considered to be Substantially Complete, this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest, qualified, responsible and responsive Bidder to whom the CITY (on the basis of the CITY's evaluation as hereinafter provided) makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier: A manufacturer, fabricator, supplier, distributor, material man, or vendor. 1.43 Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a GC -28 reasonable proportionate share of the bidder's anticipated profit, overhead costs, and other indirect costs. Materially Unbalanced Bid: a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the CITY, or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work: Work to be paid for on the basis of unit prices. 1.46 Utilities: All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum, telephone, or other communications, cable television, water supply or distribution, sewage and drainage removal, traffic or other control systems. 1.47 Work: Any and all obligations, duties, and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/ CONTRACTOR under the Contract Documents, including all labor, materials, equipment, and other incidentals, and the furnished thereof. 1.48 Written Amendment: A written amendment of the Contract Documents, signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2 — PRELIMINARY MATTERS PA 1111KAIfflN79:i01111Ly111H101..111:L11(yto] 121111171Ix.Y 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies, Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE (1) copy (unless additional copies exist) of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed, but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE -CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten (10) days after the effective date of the Contract, but before any Work at the Site is started (unless otherwise specified in the Special Conditions). This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals, obtaining permits and Plan of Operation and Critical Path Method (CPM) Schedule shall be reviewed and finalized. As a minimum, the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting, additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre -construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda: Distribution of Conformed Contract Documents, Confirmation based on prior submission (during Bid process) of the list of Subcontractors, list of Products, Project Safety Plan, Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal requests, Change Orders, and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request, Boynton Beach Department of Engineering Right -of -Way Permit Procedure and Project Sign format will be distributed. 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. GC - 29 2.7 2.8 2.9 2.10 2.6.2 Attendance Required: CITY, CONSULTANT, Special Consultants, and CONTRACTOR, CONTRACTOR's superintendent, and major Sub - Contractors. 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two (2) days after meeting to participants, with copies to all, participants including CONTRACTOR, and those affected by decisions made. PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants, and preside at meetings. 2.7.2 Attendance Required: Job superintendent, major Sub -Contractors and suppliers, CITY, CONSULTANT, as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations, problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal, schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two (2) days after meeting to participants, with copies to CONSULTANT, CITY, and those affected by decisions made. PRE -INSTALLATION MEETING: 2.8.1 When required in individual specification section, convene a pre -installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting, or affected by, work of the specific section. 2.8.3 Notify CITY and CONSULTANT five (5) working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation, preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three (3) days after meeting to participants with copies to CONSULTANT, CITY and those affected by decisions made. FINALIZING SCHEDULES: 2.9.1 Within ten (10) days of receiving the Notice to Proceed, the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK: Administrative and procedural requirements for processing of submittals during construction process. Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List 104=111111 c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation, Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES - GENERAL 2.10.3.1 2.10.3.2 2.10.3.3 2.10.3.4 2.10.3.5 2.10.3.6 2.10.3.7 2.10.3.8 2.10.3.9 2.10.3.10 2.10.3.11 2.10.3.12 2.10.4 PRODUCT DATA Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. Transmit each submittal with CITY's Standard Transmittal Form. Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. Identify project, CONTRACTOR, Sub -Contractor or supplier pertinent drawing and detail number, and specification section number, as appropriate. Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accord with requirements of the Work and Contract Documents. Schedule submittals to expedite the Project, and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. For each submittal for review, allow fifteen (15) days including delivery time to and from the CONTRACTOR. Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed Work. Provide space for CONTRACTOR and CONSULTANT review stamps. When revised for resubmission, identify all changes made since previous submission. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. Submittals not requested will not be recognized or processed. 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review, provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740 "Project Documentation and Closeout" 2.10.4.2 Product Data for Project Information 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM, plus two (2) copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products, models, options and other data. 2.10.4.6 Supplement manufacturers' standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional GC -31 equipment and appliances. 2.10.4.8 After review, distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the Special Conditions 01740 "Project Documentation and Closeout" 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one (1) copy of Building Permit, Site Permits, Environmental Permits, or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates: 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub -Contractor, or CONTRACTOR to CONSULTANT, in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date, affidavits, and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product, but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten (10) days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3 — USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County, Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work, functionally complete, to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications, manuals or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANT, or CONSULTANT's agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 104=% 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY, which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR, along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications, including change orders, duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT, in writing, at once and before proceeding with the Work affected thereby, and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda, with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However, In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents, the following descending order of precedence shall prevail. 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings, the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 (Amending of Contract Documents), the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specifications, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents), or 2. The provisions of any such Law or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY, CONTRACTOR or CONSULTANT, or any of their Sub -Contractors, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to CITY, CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order (pursuant to Article 10, Changes in Work). 3.5.2 Additionally, the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.2.1 A Change Order (pursuant to paragraph 10, Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample (pursuant to paragraph 6.11, Shop Drawings and Samples), or 3.5.2.3 CONSULTANT's written interpretation or clarification (pursuant to paragraph 9.4, Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub -Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings, Special Conditions or other documents used on the Work, and, they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. GC - 33 ARTICLE 4 — SITE OF WORK 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land: The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of such easement furnished to the CITY and CONSULTANT prior to said use, and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State, County and CITY Rights -of -Way and Easements: When the Work involves the installation of sanitary sewers, storm sewers, drains, water mains, manholes, underground structures, or other disturbances of existing features in or across streets, rights-of-way, easements, or other property; the CONTRACTOR shall (as the Work progresses) promptly back -fill, compact, grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth, large stones, boulders, and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone, Power, Cable TV, and Gas Company Structures: In all cases where Work is to be performed near telephone, power, water, sewer, drainage, cable TV, or gas company facilities, the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed, prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets: The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non -vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY, the CONSULTANT, the Florida Department of Transportation, or other agency or governmental entity having jurisdiction, as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations: Where applicable, reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures: Where applicable, reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2 "Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS — UNDERGROUND FACILITIES: 4.3.1 Indicated: The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data, and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert (USA) System, Phone No. 1-800-227-2600 and Sunshine State One Call Services (1-800-432-4770) at least forty-eight (48) hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities' respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some (or all) of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services, and therefore, not automatically contacted by the above referenced telephone number. The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services, and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight (48) hours GC -34 in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.10, and repairing any damage thereto resulting from Work, the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes, sanitary sewers, storm drains, force mains, gas mains, or other pipes, telephone or power cables or conduits, pipe or conduit casings, curbs, sidewalks, service lines, and all other obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five (5) calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables, the CONTRACTOR shall obtain permission from the CITY or occupant, or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes, conduits or cables, and shall restore them to service promptly, as part of the Work, as soon as the Work has progressed past the point involved. Approximate locations of known water, sanitary, drainage, natural gas, power, telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown, but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes, ducts, cables, etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown, nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall promptly, after becoming aware of thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility. The Contract Documents shall be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing, of the following unforeseen conditions, hereinafter called differing Site conditions, within twenty-four (24) hours upon their discovery (but in no event later than seven (7) days after their discovery) and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in paragraph 4.2 and 4.3 (Physical Conditions, Underground Facilities), and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise the CITY in writing (with a copy to the CONTRACTOR) of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order shall be issued as provided in Article 10 (Changes in Work) to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, shall be allowable to the extent that they are attributable to any such inaccuracy or difference. No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work, through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Article 11 (Change of Contract Price) and Article 12 (Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four (24) hours or no later than seven (7) days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide, if available, engineering surveys to establish reference points for construction, which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 — BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY, furnish Performance and Payment I61PA Bonds, each in an amount at least ONE HUNDRED PRECENT (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten (10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY, at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT (100%) of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company, acceptable to the CITY, listed on the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations vs Treasury Department, and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars ($500,000), all bonds shall be placed with sureties with Best Ratings as stated below: The name, address, and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to $499,999.99, the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work, otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under $500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over $2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent, licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership, the Bond shall be signed by each of the individuals who are partners; if a corporation, the Bond shall be signed in the correct corporate name by duly authorized officer, agent, or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a) appropriate acknowledgement of the respective parties, b) appropriate duly certified copy of Power -of -Attorney or other certification of authority where Bond is executed by agent, officer or other representative of CONTRACTOR or Surety, c) duly certified extract from by-laws or resolutions of Surety under which Power -of -Attorney, or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent, or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form, and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County, Florida. Proof of recordation must be submitted to Procurement Services Division. The Bond number must be stated on the first page of the Bond. INSURANCE: 5.2.1 The CONTRACTOR agrees to, in the performance of Work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR, its employees, agents, or Sub -Contractors, if any, with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement. The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department, all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub -Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the CONTRACTOR agrees to maintain during the term of this Contract, unless otherwise stated: Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non - owned, and hired) Worker's Compensation & Employer's Liability - Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub -Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub -Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion, CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A -VII per A.M. Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be "Occurrence" form. Each carrier shall give the CITY sixty (60) days notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an "additional insured". The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY. The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement, the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with, at a minimum, a limit of $1,000,000 per occurrence and $2,000,000 in the aggregate. "Claims -Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event, the Bidder shall maintain such Professional Liability Insurance in effect for three (3) years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance, the U.S. Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project, it must be in the amount equal to the full replacement cost of the Project. 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY and the CONTRACTOR, its employees, agents, Sub -Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR, on account of the amount or character of the Work, or because of the nature of the ground beneath, in or on which the Work is done is different from what was assumed or expected, or because of bad 104 yI weather, or because of errors or omissions in their or its bid on the Contract Price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site, has conducted sufficient investigation of the surface and sub -surface conditions in order to submit its bid, has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work, all materials under the Contract and the CITY's property (including machinery and equipment) in, or on, or adjacent to the Site of the Work until final completion of Work, from action of the elements, acts of other contractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever, should any damage occur by reason of any of the foregoing, the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY, nor its officers, employees, or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense, the CONTRACTOR shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warning signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property. The term "persons' includes without limitations, members of the public, the CITY and its employees and agents, the Project Manager and his/her employees, CONTRACTOR's employees, CONTRACTOR"s Sub -Contractors and Sub -Contractors respective employees, who are on or about or adjacent to the premises where said Work is to be performed. CONTRACTOR shall complywith all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted federal, state, and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss, damage and destruction to all of its materials, tools, appliances and property of every description and that of its Sub -Contractors and Sub -Contractor's respective employees or agents, and injury to or death of the CONTRACTOR, its employees, Sub -Contractors or Sub -Contractor's respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office). CONTRACTOR shall notify the CITY in writing of the name, title and contact information for the designated supervisor/superintendent. 6.4 LABOR, MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein, and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday observed by the CITY, without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen, or damaged while stored on the job site. 6.4.3 Condition of Materials: All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly: All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator or processors, except as otherwise provided in the Contract Documents. 6.4.5 Materials, Equipment, Products and Substitutions: CONTRACTOR shall verify that materials, equipment, and products incorporated in the Work are ft for their intended purpose before being purchased by the CONTRACTOR. However, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials, equipment or products, together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval, pursuant to Section 32, Instruction to Bidders if prior to award, or after award, within ten (10) calendar days after the CONTRACTOR should have been aware of the need for substitution, unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material, article, or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements, and that other products of equal capacities, quality and function may be considered. The CONTRACTOR may request the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, the opinion of the CONSULTANT and CITY, such material, article, or piece of equipment is of equal substance and function to that specified, the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice GC -38 CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY for Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation, to operating installation at factories, etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials, equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and replaced, together with any work disarranged by such alterations, at anytime before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub -Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction, if applicable, to the CITY and CONSULTANT, if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials, Equipment, Products and Substitutions, par. 2) as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two (2) or more pieces of material or equipment of the same kind, type or classification, and being used for identical types of service, shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub -contractor, other persons or organization (whether initially or as a substitute) against whom the CITY or the CONSULTANT may have reasonable objection, nor shall the CONTRACTOR be required to employ any sub -contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub -contractor who has been accepted by the CITY's Project Manager and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended, the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract, the CITY objects to certain suppliers or sub -contractors, the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub -contractor, supplier, or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub -Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub -Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub -Contractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub -contractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub -contractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub -contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions: The CONTRACTOR agrees to bind specifically every sub -contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement: Any and all Work performed for the CONTRACTOR by a sub -contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub -contractor. 6.5.6 Responsibility: The CONTRACTOR shall be responsible for the coordination of the trades, sub -contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work, to bid sub -contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors, and to give the CONTRACTOR the same power as regards terminating any sub -contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. GC - 39 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub -contractors or between sub -contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT, any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, such Sub -Contractor shall be replaced if and when directed in writing. 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS, FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. 6.7 PERMITS, LAWS AND REGULATIONS: 6.7.1 Permits: The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations, United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility (fines, etc). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the CONSULTANT, they shall bear all costs arising therefrom, however, is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project. Such documents shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term of the Contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The awarded CONTRACTOR agrees to make available to the CITY's auditor, during normal business hours, all books of account, reports, and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three (3) years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County, Office of Inspector General investigators shall have the power without limitation to audit, investigate, monitor, inspect and review the operations, activities, performance and procurement process of the CONTRACTOR, its Sub -Contractors and lower tier subcontractors and its officers, agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub -Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. Upon request by the CITY, CONTRACTOR shall provide the accounting records and documents, and other financial data and shall submit true copies of requested records to the CITY. CaK4KI[I] 6.10 SAFETY, PROTECTION AND EMERGENCIES 6.10.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.10.1.1 All employees on the Work and other persons, who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Site, and 6.10.1.3 Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall comply with all applicable laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. 6.10.4 All damage, injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly, in whole or in part, by CONTRACTOR, any Sub -Contractor, Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable, shall be remedied by CONTRACTOR. CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6 (Substantial Completion) that the Work is acceptable or until any and all final "punch list' items are completed, whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction' as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death, occupational disease, or injury requiring medical attention or causing loss of time from Work, arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight (48) hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE: CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS: CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT: The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the CONTRACTOR, without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act, at its discretion, to prevent damage, injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather, and against the possibility thereof, the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required, protection shall be provided by the use of tarpaulins, wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather, including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment, the conditions are unsuitable or the proper precautions are not being taken, whatever the weather or water level conditions may be, in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefor as provided in Article 11 (Change in Contract Price) and Article 12, (Change in Contract Time). 6.10.15 NATIONAL EMERGENCY: In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war, or national emergency by the United States government, whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict, or due to the stoppage of construction caused by any governmental agency, state, CITY, town, or county regulations, orders, restrictions, or due to circumstances beyond the CITY's control, then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by GC -41 giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced, then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings: After checking and verifying all field measurements, the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions, (see paragraph 2.9) copies (or at the CONSULTANT's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review, produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES: The CONTRACTOR shall also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review, CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY, provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications, one of which CONSULTANT shall retain. Reviewed samples may be used in Work, if indicated. 6.11.3 DEVIATIONS: At the time of each submission, the CONTRACTOR shall, in writing, call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW: The CONSULTANT shall review within fifteen (15) days or as extended by CITY, Shop Drawings and samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such shall not indicate review of the assembly in which the item functions. The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalogue numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times, thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL: No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing, called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 104MIX 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of and final payment for the Project by the CITY, the CONTRACTOR shall remove all their surplus and discarded, and excavated materials, and rubbish from the roadways, sidewalks, parking areas, lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract, so that no further cleaning by the CITY is necessary prior to their occupancy, shall restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work, and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP: Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the Work, they shall remove all rubbish, tools, scaffolding, surplus materials, etc., from the building and shall leave their work "broom clean' or the like, unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass. Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks, stains, fingerprints and other soil and dirt from painted, stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades, this shall include removal of all stains, dust, dirt, paint, etc. 6.12.2.5 General: In case of dispute, the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience: The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. 6.13.2 Safety: "Street Closed" signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At anytime that streets are required to be closed, CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened. Approval from the CITY shall be coordinated through the Department of Public Works/Engineering, including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS. 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences, secluded from public observation, for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction. They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees, representatives, and elected officials from any and all claims and liabilities including all attorney's fees and court costs, including appeals for which the CITY, its employees, representatives, and elected officials can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR, its employees, or agents, arising out of or connected with this Agreement. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees, representatives, or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 6.15.2 The CONTRACTOR, without exemption, shall indemnify and hold harmless, the CITY, its employees, representatives and elected officials from liability of any nature or kind, including cost and expenses for or on account of any copyright, service marked, trademarked patented or unpatented invention, process, or any other intellectual property right or item manufactured by the CONTRACTOR. Further, if such a claim is made, or is pending, the CONTRACTOR may, at its option or expense, procure for the CITY the right to use, replace, or modify the item to render it non -infringing. If none of the alternatives are reasonably available, the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood, without exception, that the Bid prices shall include all royalties or cost arising from the use of such design, device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S. § 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the "Specific Consideration' therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees, by any employee of the CONTRACTOR, any Sub -Contractor, anyone directly or indirectly employed for whose acts may be liable, the indemnification obligation under paragraph 6.15 (Indemnification) shall not be limited in anyway by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any Sub -Contractor under workers' compensation acts, disability benefit acts or other employee benefit GC -43 acts. 6.16.2 Obligation: The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts, errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET. HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation, grading, fill, storm drainage, paving and other construction or installations in rights-of-way of streets, highways, pubic carrier lines, utility lines (either aerial, surface or subsurface) etc. shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS, PUBLIC UTILITIES, ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, cable television, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc. , including incidental structures connected therewith, that are encountered in the Work in order that such items may be properly shored, supported and protected, or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES: The CONTRACTOR shall give all proper notices, shall comply with requirements of such parties in the performance of their Work, shall permit entrance of such parties on the Project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS: The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. The CONTRACTOR shall cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.19.4 CODES, LAWS, ORDINANCES AND REGULATIONS: The CONTRACTOR shall have made themselves familiar with all codes, laws, ordinances and regulations which in any manner affect those engaged in the Work, or materials and equipment used in the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding shall be considered on account of their ignorance thereof. 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the project site and land and areas identified in, and permitted by the Contract Documents and other land and areas permitted by laws, ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations, indemnify and hold the CITY harmless from and against all claims, damages, losses and expenses (including, but not limited to fees of engineers, architects, attorneys and other professionals and court costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the Site clean and readyfor occupancy by the CITY. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety, nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs, advertisements, fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees, sub -contractors and other personnel, and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or GC -44 altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings, shall be restored to a condition equal or better, to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR, and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 1.1 Mv� I I ky, 1901 MM MA.1IW.1I 6.22.1 The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and materials, within all habitable areas of permanent building construction against injury from dampness and cold, until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance. In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions, the permanent heating system shall not be used to provide temporary heat. CONTRACTOR's proposed methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment (to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments, these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15 (Suspension and Termination of Work) or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective. That CONTRACTOR guarantees to repair, replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work, and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub -contractors or suppliers, or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so, and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion, oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements, for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100% with the Specifications. All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion, oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials, together with all appurtenances necessary for unrestricted operation, as determined by the CITY in its sole discretion. 1.1pl�91IIIMIto] 161NXyll[4711M1 1..1 6.28.1 The apparent silence of any Specification as to any details, or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type, size and design are to be used. All workmanship is to be of first quality. IMM11i. 6.28.2 Work not specified in the Specifications, but involved in carrying out their intent or in the complete and proper execution of the Work, is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s) not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new, warranted for merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications, the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work, and for which disposition is not specifically provided for elsewhere in these Specifications, it shall contact the CITY to determine if the removal items are to be salvaged. Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner, pursuant to local, state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR, delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29, it shall furnish to the CITY's Procurement Services Division, a Material Safety Data Sheet (MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire, explosion, corrosion and reactivity. 6.32.1.2.2 The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance, and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills, fire, disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security, Bureau of Industrial Safety and Health, Toxic Waste Information Center, 2551 Executive Center Circle West, Tallahassee, FL. 32301-5014, Telephone: 1-800-367-4378. 6.33 OCCUPATIONAL, SAFETY AND HEALTH ASSOCIATION (OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970, as amended, and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new (current production model at the time of the Bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS' LABORATORIES (UL): 6.35.1 Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos -based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 104MIri 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents 6.37.1.5 As -built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 1:1(c1•LO�11111019:A0]11111:10 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed, Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local, state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum, previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 1:1(d•Lc�I10r11go] 1W1011010 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view, remove temporary labels, stains and foreign substances, wax, clean and polish transparent and glossy surfaces, vacuum carpet and soft surfaces. 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs, gutters, downspouts and drainage systems. 6.37.3.6 Clean Site, The CONTRACTOR shall sweep paved areas, rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials, rubbish, and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains (coolers). 6.37.3.9 The CONTRACTOR shall clean ledges, countertops, and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Change Directives and written interpretations and clarifications (issued pursuant to para. 9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts, maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub -contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D -size, 3 -ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above -referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 104KIYA 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine, clean, adjust, and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination, adjustment, and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project, pursuant to Florida Statutes § 255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS: The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local, state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction, including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust, erosion and sediment, noise, pollution, rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions — 01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement, CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage, office trailers, parking, and lay -down areas. 6.38.2.3 Interruption of pre -approved entry controls shall be coordinated with the CITY's Project Manager prior to proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing' and "Hard Hat Area" signs along Project perimeter and at construction access points. "No Trespassing' sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing" signs shall not be larger than 24" (600mm) by 24" (600mm). "Hard Hat Area" sign shall not be larger than 12" (300mm) by 12" (600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance, dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead, the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding, plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. GC -48 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms, dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site. CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances or pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10 "Submittal Procedures. 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six (6) foot high, minimum ten (10) gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six (6) foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8" C/D plywood sheets, pressure treated or other means of weather protection, with 2 x 4 wood framing at edges and 24" maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall: 5/8" C/D plywood sheets, 2 x 4 wood framing at 24" maximum spacing, and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection: Metal scaffolding with %" B/C plywood or 2" x 12" wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four (74) miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work, existing facilities and grounds from damage, theft, vandalism, and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project, mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff, sub -contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re -verified and re -issued annually if Project extends past original badge expiration date. GC -49 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10 "Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase, substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase, substitution requests shall be directed to the CONSULTANT. 6.41.2.4 Substitution requests shall identify Project, CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub - Contractor or supplier during construction phase, indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers, as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review, allow fifteen (15) working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations, which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission, identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten (10) calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples, constructed, applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. 6.41.5.4 Coordinate space requirements, supports and installation of mechanical and electrical work that is indicated 1eK4II.71] CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7 — OTHER WORK FA VII1I1H4MN]:1R FWA[.9Ih 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work, and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as ft and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8 — THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT. 8.2 FURNISH DATA: GC -51 diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes, ducts and conduits as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance, and for repairs. 6.41.5.6 Within finished areas, except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises, coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents, to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements, confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations, lines and levels, utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7 — OTHER WORK FA VII1I1H4MN]:1R FWA[.9Ih 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work, and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents, no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor, other than CONTRACTOR's own SubContractor, CONTRACTOR shall inspect and promptly report to CONSULTANT in writing, any delays, defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as ft and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site, the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized, and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions, neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8 — THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR, and provide a copy to CONSULTANT. 8.2 FURNISH DATA: GC -51 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5 (Review of Application for Progress Payment) and Section 14.10 (Final Payment and Acceptance) of the General Conditions. 8.4 LANDS, EASEMENTS: REPORTS AND TESTS: 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys, if available and to establish reference points are set forth in paragraphs 4.11 (Availability of Land) and 4.5.1 (Reference Points) of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2 (Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10 (Changes in the Work) of the General Conditions. 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work, suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5 (CITY May Stop Work), Paragraph 15.1 (CITY May Suspend Work). Paragraph 15.2 (CITY May Terminate for Cause) and Paragraph 15.3 (CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s) offered shall be maintained irrespective of the quantity actually purchased. 1;11 0119111Wr. 1101aVky,6y.1►110A]►19111W61 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered, have any force or effect, and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9 — CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT (if specifically designated), or a specifically designated employee of the CITY, shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final, if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications, and 9.1.3.2 Schedule and conduct pre -construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR, and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities, and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work, the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages [04M11% of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations, as an experienced and qualified design professional, CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents, inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the CITY may determine necessary, which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. alb�kydW.31111Vgky,II I 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT, CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is "defective' (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final inspection). The CONSULTANT, CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary, whether or not the Work is fabricated, installed or completed. 9.7 SHOP DRAWINGS, CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples) of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work), Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment, etc. shall be pursuant to Article 14 (Payment to Contractor and Completion) of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR, CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless, within ten (10) days after the date of any such decision, the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price) and Article 12 (Change in Contract Time) in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time. Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies) to the Contract promptly (but in no event later than ten (10) days) after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence, unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim, dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal (unless the CITY's Project Manager and CONSULTANT allow additional time). CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty (30) days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. The CITY's Project Manager's written decision, on such claim, dispute, or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16 (Dispute Resolution), or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by GC - 53 CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten (10) days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable laws and regulations within thirty (30) days of the date of such decision, unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1, (Determinations of Unit Prices), 9.9.1 and 9.9.2 (Dispute Resolution) with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re -testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT CONTRACTOR, any SubContractor, any Supplier or any other person or organization performing any of the Work, or to any surety. 9.11.2 Whenever in the Contract Documents the term "as ordered", "as directed", "as required", "as allowed", "as approved", or terms of like effect or import are used, or the adjectives "reasonable", "suitable', "acceptable", "proper', or "satisfactory', or adjectives of the like effect or import are used to describe a requirement, direction, review or judgment of the CONSULTANT as to the Work, it is intended that such requirement, direction, review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety, the CITY may at any time order additions, deletions or revisions in the Work; these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document, CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents, except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order, a claim may be made therefor as provided in Article 11 (Change in Contract Price) and Article 12 (Change in Contract Time) of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in Section 3.2 (References to Standards) except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies) or except in the case of uncovering Work as provided in Paragraph 13.4.2 (Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments) covering: 10.3.1.1 Changes in Work, which are ordered by the CITY, pursuant to Paragraph 10.1.1 (Changes in the Work) or are required because of acceptance of defective Work under Paragraph 13.9, or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes), provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. GC -54 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work (whether such changes increase or decrease the amount thereof) or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul, release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to Contract Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice shall be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or extensions of time, shall be governed pursuant to the ordinances of the CITY. ARTICLE 11— CHANGE OF CONTRACT PRICE Ifif�eigllq:711 11.1.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (not later than ten (10) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1, if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved (subject to provisions of Section 11.5. (Unit Price Work) inclusive). 11.1.3.2 By mutual acceptance of a lump sum (which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a (Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work (determined as provided in Section 11.2, inclusive) plus a CONTRACTOR's fee for overhead and profit) determined as provided in Section 11.3, Contractor's Fee, inclusive. 11.2 COST OF THE WORK: 11.2.1 General: The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor: The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday, Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment: The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to the CITY, and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor: The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors, The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT, which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee, the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers, architects, testing laboratories, surveyors, attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work, and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT, and the costs of transportation, CKaII.& loading, unloading, installation, dismantling and removal thereof— in accordance with terms of such rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work: The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR"s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.2.2 (Labor) or specifically covered by Paragraph 11.2.5 (Costs of Special Consultants) — all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices, including principal and branch offices, other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.2.6 (c) above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR, any subcontractor, supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs, i.e. where worker hours exceed a typical 8 -hour day and 40 -hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2 (Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee, or if none can be agreed upon, 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2 (Labor) and 11.2.3 (Materials and Equipment) the CONTRACTOR's fee shall be five (5%) percent. b. For costs incurred under Paragraph 11.2.4 (Subcontractors), the CONTRACTOR's fee shall be five (5%) percent, and if a subcontract is on the basis of Cost of the Work plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five (5%) percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs) and 11.2.7 (Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten (10%) percent of the net decrease, and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a) through 11.3.1.2(d) inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT, an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY, CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site, including labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment, an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price shall be deemed to include for all Unit Price Work, an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work, times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8 - Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated 104MITI quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work, and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price, if the parties are unable to agree as to the amount of any such increase. 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof, CITY may make a claim for a decrease in the Contract Price in accordance with Article 11 — Change in Contract Price if the parties are unable to agree as to the amount of any decrease. 11.6 OMITTED WORK: 11.6.1 The CITY may at any time, by written order, without Notice to the Sureties, require omission of such contract Work as it may find necessary or desirable. An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices, or rates for work of a similar nature or character as set forth in the Contract, or 11.6.1.2 By the appropriate lump sum price set forth in the Contract, or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT, and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order. Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly (but in no event later than seven (7) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice to the extent of the claim with supporting data shall be delivered within seven (7) days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of continuing cause of delay, only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) that, in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY, acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 — Related Work at Site, fires, floods, epidemics, or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather (i.e. beyond the 10 -year mean average) shall be the made within ten (10) days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time (or Milestones) due to delay beyond the control of both CITY and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR, and SubContractor, any supplier, any other person or organization, or to any surety or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7 — Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3 — Notice to Proceed plus any extensions thereof CK�II.�I allowed in accordance with Article 12 - Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expenses and difficulties involved in providing proof of such damages in a legal proceeding, the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $100 $20,001 to $75,000 $200 $75,001 to $150,000 $500 $150,001 to $350,000 $750 $350,001 to $750,000 $800 $750,001 to $1,000,000 $1,000 $1,000,001 to $2,000,000 $1,200 $2,000,001 to $3,000,000 $1,500 $3,000,001 to $4,000,000 $1,600 $4,000,001 to $5,000,000 $1,700 $5,000,001 to $6,000,000 $1,800 $6,000,001 to $7,000,000 $1,900 $7,000,001 to $8,000,000 $2,000 $8,000,001 to $9,000,000 $2,100 $9,000,001 to $10,000,000 $2,200 $10,000,001 to $11,000,000 $2,300 $11,000,001 to $12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3 - Notice to Proceed, for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to $20,000 $25.00 $20,001 to $75,000 $50.00 $75,001 to $150,000 $125.00 $150,001 to $350,000 $187.50 $350,001 to $750,000 $200.00 $750,001 to $1,000,000 $250.00 $1,000,001 to $2,000,000 $300.00 $2,000,001 to $3,000,000 $370.00 $3,000,001 to $4,000,000 $400.00 $4,000,001 to $5,000,000 $425.00 $5,000,001 to $6,000,000 $450.00 $6,000,001 to $7,000,000 $475.00 $7,000,001 to $8,000,000 $500.00 $8,000,001 to $9,000,000 $525.00 $9,000,001 to $10,000,000 $550.00 $10,000,001 to $11,000,000 $575.00 $11,000,001 to $12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3 - Notice to Proceed. 12.2.3 This sum is not a penalty. The CITY reserves the right to additionally recover direct job site expenses, including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13- TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work, whether or not completed, may be rejected, corrected or accepted as provided in Article 13 - Tests and Inspections: Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material, workmanship or equipment which are remedied as a result of obligations of the guarantee, shall subject the remedied portion of the Work to an extended guarantee period of one (1) year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. 13.2 ACCESS TO WORK: GC -58 13.2.1 CONSULTANT's and CONSULTANT's representatives, other representatives of the CITY, testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections, tests or approvals. 13.3.2 If any federal, state or local laws and regulations require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith, and furnish CONSULTANT the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the CITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY, CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General: For tests specified to be made by the CONTRACTOR, the testing personnel shall make the necessary inspections and tests, the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five (5) copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If, in the making of any test of any material or equipment, it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents, the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment, or to remove it promptly from the Site or from the Work and replace it with acceptable material, without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR, unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses, where necessary, that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests: As soon as conditions permit, the CONTRACTOR shall furnish all labor, materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents, the CONTRACTOR shall, prior to demonstration tests, make all changes, adjustments and replacements required. The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others, CONTRACTOR, at CONSULTANT's request shall uncover, expose or otherwise make available for observation, inspection or testing as CONSULTANT may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and the CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 11 — Change in Contract Price and Article 12 — Change in Contract Time in the General Conditions. GC - 59 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents, the CITY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated, however, this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.6.1 If required by CONSULTANT, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the Work has been rejected by CONSULTANT, remove it from the Site and replace with non -defective Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply, the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR, or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one (1) year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal, state or local laws and regulations, or by the terms of any applicable special guarantee required by the Contract Documents, or by any specific provision of the Contract Documents; any Work is found to be defective, CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY's written instructions, either correct such defective Work, or if it has been rejected by the CITY, remove it from the Site and replace it with non -defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or incase of an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Paragraph 13.7 —'One Year Correction Period", the correction period hereunder with respect to such Work shall be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work, CITY (prior to CONSULTANT's recommendation of final payment), if CONSULTANT prefers to accept defective Work CITY may accept defective Work. If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work (such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers, architects, attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11 — Change of Contract Price. If acceptance occurs after such recommendation, CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty (30) days after written notice of CONSULTANT to proceed to correct defective Work, or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven (7) days written notice to CONTRACTOR correct and remedy any such deficiency. 13.9.2 To the extent necessary to complete corrective and remedial action, the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site and incorporate in the Work, all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY, the CONSULTANT, the CITY's Representative agents and employees, such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct, indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. The CITY shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefore as provided in Article 11— Change of Contract Price. Such direct, indirect and inconsequential costs shall include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court costs, and all costs of repair and/or replacement of Work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION: IIBill 1 We] ILT/1ILI] 14.1.1 The schedule of values established as provided in Paragraph 2.9 — Finalizing Schedules, shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place, ready for service and accepted by the CITY, in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials, labor, tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT, or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal, state or local law, at the end of each calendar month, the CONTRACTOR shall submit to the CONSULTANT for review, an Application for Payment (AFP) filled out and signed by the CONTRACTOR, covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub -total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission, at the end of the continuation sheets and shall list by Change Order Number, and description, as for an original component item of work. 14.3.4 As provided for in the Application for Payment (AFP) form, the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY, under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment (AFP), and all materials and equipment incorporated into the Work are free and clear of all liens, claims, security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment (AFP) like obligation discharge affidavits by all subcontractors. IL[I11111111i11I.]KWIT"181 ONTIT1.11 V K1111'87will 19 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment, whether incorporated in the Project or not, shall have passed to the CITY prior to the making of an Application for Payment, free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens"), and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. ILl4�V 1111111011X4V[872.19N1[IL`11101►[.970]:iV.1VJ&tII 14.5.1 CONSULTANT shall, within ten (10) days after receipt of each Application for Payment, either indicate in writing, a recommendation of payment and present the Application to the CITY, or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make necessary corrections and resubmit the Application. Thirty (30) days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation, the amount recommended shall (subject to the provisions of the last sentence of paragraph 14.5.4) become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholding payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 304W1111 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10, Final Payment and Acceptance, have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if, in CONSULTANT's opinion, it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss, including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9, or 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive (CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work, or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice (with a copy to CONSULTANT) stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable fling thereof. 14.5.8 Upon unsatisfactory obligation of the Work, including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR, or 14.5.11 Upon any other violation of, or failure of CONTRACTOR to comply with, the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use, the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY, the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen (15) calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete, the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete, the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation, the Certificate of Substantial Completion, signed by the CONSULTANT and CONTRACTOR, which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list", pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion, the CITY, with the approval of the CONSULTANT and with written notice to the CONTRACTOR, may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work, which has specifically been identified in the Contract Documents, or which the CITY, CONSULTANT, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all Work subject to the following: 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15) days after either such request, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete, CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete, the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time, request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen 104W.% (15) days thereafter, the CITY, CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY, CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation (unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work, the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. IL[ X910/1■I0619X"11810i 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective, or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents (as provided in Paragraph 14.6, Substantial Completion) and other documents- all as required by the Contract Documents, and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto, CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to CITY) of all Liens arising out of or filed in connection with the Work. IEI11) I1►1.1■WITAky,I101I.10111 K.0Kygal/.10INa 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation, the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper, and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the CITY in writing that CONSULTANT have examined the Work and that it appears, to the best of the CONSULTANT's knowledge and belief, to conform to the Contract Drawings, Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition, and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY, the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, or as may be lawfully retained, including but not limited to, Liquidated Damages, as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty (30) days after approval by the CITY of the Application for Final Payment, the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. IEll �4V.11TlIq: elwe]W.11L7t61 14.11.1 The making and acceptance of Final Payment shall constitute 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds, and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florida Statutes § 218.735(7)(a)(ii), punchlist procedures to render the Work complete, satisfactory and acceptable are established as follows. 14.12.1 Within fifteen (15) days of Substantial Completion of the construction services purchased as defined in the Contract, CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist (" Punchlist') of items to be performed by the CONTRACTOR, based upon observations made jointly between the CONTRACTOR, CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough. At its option, CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. [04W1-%] 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself, or thereafter for a period of thirty (30) days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty (30) days following the scheduled Substantial Completion Walkthrough, CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary (based, for example, upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist) and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty (30) days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes § 218.735(7)(d) until the CONTRACTOR considers the Final Punchlist to be 100% complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty (30) days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100% complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion, issue lists of identified non -conforming or corrective work for the CONTRACTOR to address. The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150% of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete, as provided for by Florida Statutes § 218.735(7)(d), CITY may include within such percentage calculation its total costs for completing such item of work, including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity, but rather total costs are based upon the value (i.e. cost) of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(4). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five (5%) percent of each progress payment, from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract, or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor, services, or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor, services, or materials supplies by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute, the subject of a claim brought pursuant to Florida Statutes § 255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests, apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is $200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%) percent per month, or the rate specified by contract, whichever is greater. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK: The CITY may, at any time and without cause, suspend the Work or any portion thereof for period of not more than ninety (90) days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, CONTRACTOR may make a claim as provided in Articles 11 (Change of Contract Price) and Article 12 (Change of Contract Time) of the General Conditions. 15.1.2 THE CITY MAY STOP WORK: The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined 104W 11 that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition. A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code (Title 11, United States Code) as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.1.4 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal, state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT; or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination, the CITY may take possession of the premises and all materials, tools, and appliances, thereon and finish the Work by whatever method it may deem expedient. In such cases, the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date, subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred. The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work (including additional managerial and administrative services, plus the CITY's direct, indirect and consequential losses), exceeds the unpaid balance on the Contract, the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default, shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages, allowances or expenses of any kind other than as provided in this Agreement in connection with such termination, any and all claims for consequential damages, loss of bonding capability, destruction of business, unabsorbed home office overhead, lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY, the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven (7) days prior written notice to the CONTRACTOR, and in such event, the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead, general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments, (with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination, if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it, all or some subcontracts, construction, plants, materials tools, equipment, appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion, for any cause whatever, the CONTRACTOR, if notified to do so by the CITY or CITY's Project Manager, shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by the CITY, or under an order of court or other public authority, or CONSULTANT fails to act on any Application of Payment within thirty (30) days after it is submitted, or the CITY fails to pay any sum finally determined to be due within sixty (60) days to CONTRACTOR, CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven (7) days written notice to the CITY and CONSULTANT, terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum, less the aggregate of previous payments, allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction, plant, materials, tools, equipment, appliances, rental agreements, and any other commitments which the CITY, in its sole discretion, chooses to take by assignment, and in such event, the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid, CONTRACTOR may upon seven (7) days written notice to the CITY and CONSULTANT, stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24 — Continuing the Work, to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16 -DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract, shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times, the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract, the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17— MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices, requests, consents and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to To CITY: User Department 100 E. Ocean Avenue Boynton Beach, Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E. Ocean Avenue Boynton Beach, Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday, such day shall be omitted from the computation. Irlc�►IQIINIto] IIyrllkyti 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within seven (7) calendar days of the first observance of such injury or damage. The provisions of this Paragraph 17.3 shall 104W1Y:1 not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6 — Contractor's Responsibilities, Section 13 — Test and Inspections, Correction, Removal or Acceptance of Defective Work, Section 14 — Payments to Contractor and Completion, and Section 15 — Suspension of Work and Termination, and all of the rights and remedies available to the CITY and CONSULTANT thereunder, are in addition to and are not to be construed in any way as a limitation of, any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal, state and local laws or regulations, by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents, and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation, right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" as published by the Associated General Contractors of America, Inc. to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death, occupational diseases, or injury requiring medical attention or causing loss of time from Work, arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes § 255.04, which requires that on public building contracts, Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails, refuses, or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project, or who appears to the CITY or CITY's Representative to be disorderly, intoxicated, insubordinate, or incompetent, shall upon the order of the CITY, be discharged at once and will no longer be employed in any part of the Work. Any interference with, or abuse or threatening conduct toward the CITY, CONSULTANT, or their inspectors by the CONTRACTOR or its employees or agents, shall be authority for the CITY to annul the Contract and re -let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other form of compensation, and selection for training including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG -FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug -Free Workplace and have their Drug -Free Workplace policy posted in their offices and available for inspection by the CITY. IFA11>♦kill 1Old IHINVANNI&IKlo 17.10.1 Pursuant to Florida Statutes § 287.133, as amended, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes § 287.017 for CATEGORY TWO or higher for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder, or any part thereof; shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY, to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE: 104WI-YA 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County, Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials, supplies and other items needed for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes, generally not to exceed three (3) years. When the offense is willful or blatant, a longer term of debarment may be imposed, up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings. Nor shall violation of Federal, State and local laws and policies regarding Drug -Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm" means any weapon (including a starter gun or antique firearm) which is designed to, or may readily be converted to expel a projectile by the action of an explosive, the frame of receiver of any such weapon, any destructive device, or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub -Contractor is found to have brought a firearm on CITY property, such employee must be terminated from the Project by the CONTRACTOR or Sub -Contractor. If the Sub -Contractor fails to terminate such employee, the Sub - Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub -Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. IFAFl 9ZIQ11111108111111 V 00110 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled, seized, or embargoed, and/or has been determined misbranded, adulterated, or found to be unfit for human consumption by a packer, processor, subcontractor, retailer, manufacturer, or by any state or federal regulatory agency, the CONTRACTOR shall notify the CITY's Procurement Services Division within two (2) business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non -conforming shall not in any way impact, negate, or diminish the CONTRACTOR's duty to notify the CITY, CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled, seized or embargoed, and/or has been determined to be misbranded, adulterated, or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product, the approximate date the affected product was delivered to the CITY, the bid number, and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health, welfare, and safety of CITY employees, and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall, at the option of the CITY's Procurement Services Division, either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY. The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY, without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY, the CONTRACTOR may be required to reimburse storage, disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal, attachment, and explanation thereof submitted in response to this Invitation to Bid (except copyright material), shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use, at its discretion, and in any manner it deems appropriate, any concept, idea, technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract, in accordance with Florida Statutes, Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 104WI- .1 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract, or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable, the remainder of this Bid or Contract, or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions contained in U.S. C. Section 1324a(e) (Section274A9e) of the Immigration and Nationality Act (INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards: Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards, the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents, the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti -Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers (Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association (Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America (Formerly, SCPI) CDA Copper Development Association [04W*1 CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East -Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders' Hardware Association NBS National Bureau of Standards NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors' Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S. Department of Labor, Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre -stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PSIA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station (100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories, Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation -to -Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials (ASTM International) AWG American Wire Gauge BD Building distributor (replacing main -cross connect and MDF as "building service" (room identifiers) BICSI® Building Industry Consulting Service International, Inc. BTU British Thermal Unit CATV Community Antenna Television (Cable Television) CD Campus distributor (replacing main -cross connect and MDF as "campus -wide service" room identifiers). Also, compact disk for storage of audio or video information. dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene -polypropylene -diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room, Replacing "TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect, and telecommunications as "building service" room identifiers). Also, Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far -End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GE Ground equalizer (replacing TBBIBC) Gnd Ground HB Handbox, also hose bibb for water supply part of plumbing system HC Horizontal Cross -Connect (replaced by floor distributor "FD") HH Handhole HVAC Heating, Ventilation, and Air -Conditioning Hz Hertz IC Intermediate Cross -Connect (replaced by "BD" or "FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross -Connect (replaced by campus distributor "CD") MDF Main Distributor Frame (replaced by "CD" or "BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile -butadiene rubber NEC National Electric Safety Code, C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer "GE") TE Telephone Equipment (Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association GC -71 TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room (being replaced with "ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division, NIST., U.S. Department of Commerce, 100 Bureau Drive, Stop 2600, Gaithersburg, MD 20899-26. END OF SECTION GC -72 Page 4816 APPENDIX "A" 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 73 PROPOSER'S QUALIFICATION STATEMENT if 'o A IV,, III)d� The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 Submitted By Name: Address: CITY, State, Zip: Telephone No.: _ Fax No.: Email Address.: Check One Corporation Partnership Individual Other 1. State the true, exact, correct, and complete name of the partnership, corporation, trade, or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a b C. d. e. f. D Date of Incorporation: State of Incorporation: President's name: Vice President's name: Secretary's name: Treasurer's name: Name and address of Resident Agent 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 74 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. State the name of the individual who will have personal supervision of the work: 8. State the name and address of the attorney, if any, for the business of the Proposer: 9. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 75 10. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 11. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: 12. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 13. Bank References: Bank Address Telephone 14. Provide a description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 76 15. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): 16. What will be your turnaround time for written responses to City inquires? 17. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 18. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 19. List and describe all criminal proceedings or hearings concerning business-related offenses to which the Proposer, its principals or officers, or predecessors' organization(s) were defendants. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 77 20. Has the Proposer, its principals, officers, or predecessors' organization(s) been convicted of a Public Entity Crime, debarred, or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by the owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 78 00 I 0 O ANTI—KICKBACK AFFIDAVIT if ,, A IV,, III d� IIL°'"'"III III 114 III ;; III" ti9 IIL........III I" ti9III'II STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward, or gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP Mr NAME - SIGNATURE 2021 Printed Information: NAME TITLE COMPANY 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 79 NON -COLLUSION AFFIDAVIT OF PROPOSER if ,, i III III II m i III IIh6i° ""III II f Illi III IU" ti9 III d� IIL°'"'"III III 114 III ;; III" ti9 IIL........III I" ti9III'II State of County of ) 1) He is (Title) has submitted the attached RFP: , being first duly sworn, deposes and says that: of , the proposer that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFP or of any other proposer, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of (Signed) (Title) 2021 Notary Public (Signature) My Commission Expires: 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 80 STATUTE § 287.135 r,, III III II m III IIh6i ""III II f Illi III III" ti9 III d� III'"'"III III 114 III ;; III" ti9 IIL....... III III" ti9 III 'II I, , on behalf of Print Name and Title Company Name that does not: Company Name certify 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 81 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE 82 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project E -VERIFY FORM .TO BE COMPLETED AND UPLOADED ONLINE Project Name: Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Project No.: 090-2511-21 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should the vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. 83 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of , 2021, by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any 84 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PRICE PROPOSAL BID PROPOSAL WILL BE INPUT INTO THE BIDDING SYSTEM — BIDS & TENDERS* The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT" DIVISION DESCRIPTION QUANTITY UNIT COST 01 -General Conditions Mobilization / Demobilization 1 LUMP -SUM $ Insurance 1 LUMP -SUM $ Contractor's Supervision 1 LUMP -SUM $ Special Inspections 1 LUMP -SUM $ Environmental Permitting Fees 1 LUMP -SUM $ General Requirements 1 LUMP -SUM $ 02 - Existing Conditions Selective Site Demolition 1 LUMP -SUM and Site Work $ Debris Removal and Dump Fees 1 LUMP -SUM $ Final Cleaning 1 LUMP -SUM $ 03 - Concrete Cast in Place Ramps Landings Pads 1 LUMP -SUM Curbing and Sidewalks $ Concrete Cutting & Coring 1 LUMP -SUM $ 10 - Specialties (3) - 6" x 70" Floating Ramp Staging Piers 3 EACH Aluminum Pile Guides 1 LUMP -SUM $ Miscellaneous - Cleats Ladders 1 LUMP -SUM Gangways $ (9) - New Concrete Pilings 9 EACH $ 31 - Earthwork General Site Excavation and Finished 1 LUMP -SUM Grading $ Site Fill 1 LUMP -SUM $ Coral relocation 1 LUMP -SUM 32 - Exterior Driveway Paving - Asphalt Overlay Only 1 LUMP -SUM Improvements Driveway Paving - Base and New Asphalt 1 LUMP -SUM $ Landscaping and Sodding 1 LUMP -SUM $ 85 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project Miscellaneous Curb Repair 1 LUMP -SUM $ Material and Compaction Testing 1 LUMP -SUM Services $ Surveying 1 LUMP -SUM $ THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 86 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project wsi APPENDIX "B" 87 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR CONSTRUCTION CONTRACT HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of XXXX, 2021, by Resolution, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: XXXXXX, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: HARVEY E. OYER JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT, Request for Proposal #xxxxxxxxxxxxxx. Article 2. CONSULTANT. City of Boynton Beach ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. ' •► 11:71,101 ON I ►1 I =0 I r@11111-9TA-091 B1IT, 1 3.1 The WORK will be substantially completed within 180 calendar days (phase 1 - one hundred twenty (120) days and phase 2 — sixty (60) from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within ,U calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the 88 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTORagree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand — Five Hundred Dollars ($ 1,500.00) for each day that expires after the time specified in paragraph 1.2. Firm M,WeTili•k0:7_yodaa141=1 CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary 89 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. liffe—Tel l U -No immelli-ARTA► CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. d0 ►kIGL'C01i9161d1J►4I=1►I�'� The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Request for Proposal 7.2 Instructions to Proposers 7.3 Proposal Forms (including the Proposal, Schedule(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special / Supplemental Conditions 7.8 Technical Specifications 7.9 City Construction Standards and Details (available online at: www.bo)tnton- beach.org/water-utilities/new-construction) 7.10 Drawings entitled: Appendix A 3117 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 And if sent to the CONTRACTOR shall be mailed to: Article 9. INDEMNITY. In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents, and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided bythis Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. L X116701U_W'i0i-311010Xd0]:11b'iW_VLVA Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once 91 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 12. E -VERIFY. 12.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 12.1.1. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated bythe United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 12.1.2. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and 92 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. SCRUTINIZED COMPANIES 287.135 and 215.473. Bysubmission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 14. MISCELLANEOUS, 14.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 14.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 93 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12021. CITY OF BOYNTON BEACH CONTRACTOR. Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project 94 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for in accordance with drawings and specifications prepared by 20 , contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD which PFB- 1 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon the determination by Surety of the most responsible Proposer, or, if the Owner elects, upon the determination by the Owner and the Surety jointly of the most responsible Proposer, arrange for a contract between such Proposer and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12021. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 2021, entered into a contract with Owner for N accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor, and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12021. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD STATE OF FLORIDA COUNTY OF as follows: He is (Title) 29 CITY OF BOYNTON BEACH WARRANTY OF TITLE being first duly sworn, deposes and says of , (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor ( ) Check One which is named in Construction Contract dated the day of , 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials, and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men, and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD WT -1 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contractor binder maybe accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This List is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED --------------------- General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ------------------------------------------------------------- Professional Liability ------------------------------------------------------------- Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos ------------------------------------------------------------- Excess Liability Umbrella Form ------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability ------------------------------------------------------------- Property: Homeowners Revocable Permit Builder's Risk Installation Floater ---------------------------------------------------------------- Other - As Risk Identified to be determined ---------------------------------------------------------------- INSURANCEADVISORYEORM Revised 04/2021 ---------------------------------------------------- General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one fire) Med. Expense (any one person) ------------------------- 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 50,000.00 $ 5,000.00 ------------------------------------------------------------ Aggregate - $1,000,000.00 ------------------------------------------------------------ Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined ---------------------------------------------------------------------------- Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ---------------------------------------------------------------------------- $ 300,000.00 Limits based on Project Cost Limits based on Project Cost ---------------------------------------------------------------------------- ----------------------------------------------------------------------------- 090-2511-21— Harvey E. Oyer Jr. Park Marina Boat Ramp Improvement Project INS Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 ADDENDUM No. 1 DATE: 7/29/2021 BID NO: RFP No. 090-2511-21 BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT (Re -Bid) Question 1: Is there an estimated budget and an anticipated start date for this project? Answer 1: Budget: $1,200,000.00 Project Start Date: October 2021 If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Page 517 of 849 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 ADDENDUM No. 2 DATE: 8/23/2021 BID NO: RFP No. 090-2511-21 BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT (Re -Bid) Question 1: Is there an estimated budget and an anticipated start date for this project? Ai nsweir« 1: Budget: $1,200,000.00 Project Start Date: October 2021 Question 2: Would it be possible to have the due date extended due to the Labor Day Holiday being on 9/6? Ai nsweir« 2: Closing Date has been extended to 9/9/2021 Question 3: On sheet A1.4 Detail 4 and 7 denotes refer to pavement sections for material thickness. Please relay thickness of asphalt required, asphalt material type required, thickness of base required, thickness of subgrade required. Ainswein 3, Wearing surface (asphalt): - 2" thick, type S -III A.C.S.0 or SP 9.5. Two lifts (first lift to be 1" and 2"d lift to be 1 ") Base: - 8" thick, baserock compacted in two equal lifts to 98% max dry density A.A.S.H.T.O T-180 (LBR 100) Sub -Grade: - 12" thick, compacted to 98% max dry density A.A.S.H.T.O T-180 Question 4: For stabilized subgrade, is it appropriate to utilize 6 inches of limerock in lieu of the 12 inches of normal stabilized subgrade? Ai nswei: 4, Use typical stabilized subgrade. 12" thick, compacted to 98% max dry density A.A.S.H.T.O T-180 Question 5: Are there any special additives required in the concrete piles Ainswein 5, No additives are required but a corrosion inhibiting admixture would be adding value to the construction. Question 6: With a 6 month completion time frame. Would the city close the boat ramp for up to 4 months while the contractor is on site? Answer, 5: , ramps to be closed for two () months Page 518 of 849 Question 7: If any mangrove trimming is required, please advise that the city will cover this cost. Ainsweir, "7: The City will handle any mangrove trimming as a change order. No there is no anticipated mangrove trimming. Question 8 Sheet A1.1 note 32.5 states Contractor accepts site as is. Any repairs to existing site elements including pavement, sidewalks, curbing etc... shall be included in bid price. Are these repairs under this note only if the contractor damages any existing site structures not included in the scope? Au swear 1: That is correct Question 9: Would the city consider issuing a soft notice to proceed to allow for the contractor to procure materials? Items like the floating dock have a longer lead time of roughly 16 to 20 weeks. Answer 5: Yes Question 10: What permits will be required from the contractor? Ainsweir' 10: All permits have been provided by the City Question 11: For bidding purposes, how long should the 14"x14" concrete piles be? Aunsweir' 11„ See section 6/S-3.00 for pile length requirements Question 12: Can the length of the 14"x14" concrete piles vary? Ainsweir' 12, Yes, as long as the dimensions indicated on sections 6/S-3.0 are maintained. Question 13: Must the contractor adhere to using Golden Marine Systems as the floating dock specialist? Answer 13: Yes Question 14: Please confirm the boat ramp concrete is to be 6000 PSI. Aurwsweir' 14: Confirmed. Question 15: Will there be any special add mixes to any of the concrete mix designs, such as silica fume? Au swear 15: Not per design but a corrosion inhibiting admixture might be a betterment ownership might be interested in. Questions 16: Please confirm all sidewalks and curbing concrete is to be 3000 PSI. Au swear 16: Confirmed. Question 17: Please confirm all 14"x14" precast piles are to be 5000 PSI. Aunsweir' 17, Yes, 5000psi minimum. Page 519 of 849 Question 18: Please clarify project laydown location(s). Ainsweir' M 1) The grassy area just east of the existing pavilion near the site. Contractor will not be responsible to resod this area 2) The west parking lot, northern most drive isle, will be blocked off during construction. This area can be used by the contractor for parking, laydown space, etc. Any damages to the parking lot in this area will be the responsibility of the contractor to repair and/or clean Question 19: Please verify any and all specifications regarding type of asphalt to be used for milling and/or resurfacing of the existing parking lot. Aiinsweur' 19: Wearing surface (asphalt): - 2" thick, type S -III A.C.S.0 or SP 9.5. Two lifts (first lift to be 1" and 2nd lift to be 1") Base: - 8" thick, baserock compacted in two equal lifts to 98% max dry density A.A.S.H.T.O T-180 (LBR 100) Sub -Grade: - 12" thick, compacted to 98% max dry density A.A.S.H.T.O T-180 Question 20: Please confirm that the park will be completely closed for the (2) months dedicated to ramp construction. Answer 20: Yes Question 21: Will the contractor have access to restroom facilities? A2.: Yes Question 22: Please clarify which permits are the sole responsibility of the contractor. Au swear' 22: All permits have been provided by the City Question 23 Which permits are being provided by the owner? Au swear' 23: All permits have been provided by the City Question 24: Please clarify the Liquidated Damages. Based on Budget LDs for a bid between $1,000,000 to $2,000,000 are @ $1,200 for each day that expires after the time specified in Paragraph 2.3 — Notice to Proceed, for Substantial Completion until the Work is substantially complete. (General Conditions for Construction, Pg. GC -58) The Draft Agreement on Pg. 89 has the LDs @ $1500 per day. Answer 24: $1,200 per day Question 25: Are there any restrictions for work hours? The bid documents state work hours as defined in the Special Conditions however there seems to be no Special Conditions document provided with the bid documented. Answer 25: 7am — Spm Question 26: Is a bid bond required? There are references to a bid bond in the bid documents but nothing stating tlydao of 849 nor is there a form. Answer 26: No Question 27: Since Sept 7th is the Tuesday after the Labor Day weekend is it possible to extend the due date? Answer 27: Closing Date has been extended to 9/9/2021 Attachments: Core of Engineers Permit Environmental Protection Permit Sincerely, City of Boynton Beach Page 521 of 849 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 ADDENDUM No. 3 DATE: 8/31/2021 BID NO: RFP No. 090-2511-21 BID TITLE: HARVEY E. OYER, JR. PARK MARINA BOAT RAMP IMPROVEMENT PROJECT (Re -Bid) Page 13 — Section 4 — Evaluation of Proposals EVALUATION CRITERIA - CORRECTION CRITERIA POSSIBLE POINTS 1. Proposer: Qualification and Experience 35 2. Project Team's: Qualification and Experience 35 3. Proposed Fees 15 4. References 15 TOTAL 100 Sincerely, City of Boynton Beach Page 522 of 849 The City of Boynton Beach Finance/Procurement Services 100E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 /_1QQ=I'1Bill iv, IL • Tuesday, September 14, 2021, 11:59 AM 090251121 - Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement (Re -Bid) Closing Date: Friday, September 24, 2021, 2:30 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications, and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strikethrough type are deletions from existing text. Words in bold, underlined, and/or red type are additions to existing text. IREVISED CLOSHNG DATEIFr°Idzi , Septeirnber 24, 2021, Z30 IFI Question 28: 1. Please clarify how much coral must be relocated and where to. 2. Please clarify who will be responsible for the relocation of the existing coral. 3. If relocation of the existing coral is to be done by a third party agency, must the cost of the coral relocation be represented in the schedule of values as shown in the bid form, or can it be omitted? 4. Please clarify what type of rip rap must be used. Page 523 of 849 5. Plan sheet S-2.00 states "asphalt and base by others." Please clarify who will be responsible for this scope of work. Answer 28: 1. The coral relocation plan is outlined in the Florida Department of Environmental Protection permit. The number of coral to be relocated and the new location area is express on the diagrams provided in the permit. The coral relocation plan begins on page 19. The number of coral to be relocated was determined at the time of observation as noted on the relocation plan. There may be more or less coral to date on the site. It will be best to provide a cost per unit to relocate coral. Per FFWCC recommendations included in the FDEP permit, the contractor will be required to obtain a Special Activity License (SAL) to relocate the coral. The contractor must include as a separate line item for the preparation and processing of this license and everything required to meet its requirements in their cost as a lump sum. The contractor will be required to identify and relocate all corals greater than 5cm at the time of relocation within the footprint of construction and staging. In addition, the contractor will be required to assess coral health at the time of relocation and determine which are suitable for relocation. Therefore, the contractor should price the coral relocation as a unit cost per coral to relocate based on the size ranges and numbers provided given the final number to be relocated is unknown based on the criteria FFWCC requires for coral relocation. 2. Contractor is responsible for relocating coral. 3. Contractor is responsible for relocating coral. 4. We recommend using local limestone rock material with rock sizes varying between 6" and 12" diameter to be utilized as rip rap. 5. Asphalt and base to be provided by the contractor. Refer to Architectural plans and the RFI responses for clarifications on asphalt. Question 29: Request for soil boring and geo report. Do you have these reports available? Page 524 of 849 Answer 29: Contractor is to provide Geotechnical soils reports Question 30: 1. What kind of steel reinforcement will be required for the tongue and groove precast planks? 2. Please all details and specifications for the marine power pedestals. 3. Please clarify what the object is that is shown on sheet S-5.00. It appears to be a structural I -Beam located in the middle boat ramp going through the tongue and groove precast planks. 4. Will there be any need for filter fabric underneath the boat ramps and tongue and groove planks? 5. Please provide the piping specifications for new water connections to the marine power pedestals. Answer 30: 1. The precast plans shall be 8" deep, 5000 psi min. concrete, and 0.4 W/C ratio, reinforced with #6 @8" c/c at mid -depth in the long way direction and #4@12" c/c in the short direction. 2. All power pedestals to be removed from the scope of work. 3. There are (2) W6x20 steel beams below the precast planks, please refer to the plans on S-2.00 for locations. 4. The filter fabric is required at the rip rap locations only. 5. All power and new connections to be removed from the scope of work. Marine power pedestals to be removed. Question 31: 1. Would the City consider an alternate design for the boat ramp T&G Precast planks. 2. Would the City consider an alternate design for the boat ramp as a deductive alternate bid item? Page 525 of 849 Answer 31: 1. Price the design specified in the RFP plans. If the general contractor would like to suggest an alternate design — please do so. Alternates will be discussed after the bid is awarded. 2. Price the design specified in the RFP plans. If the general contractor would like to suggest an alternate design — please do so. Alternates will be discussed after the bid is awarded. At this time no further questions will be accepted for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Page 526 of 849 9.A. City Manager's Report 11/2/2021 Requested Action by Commission: Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award. Explanation of Request: The Tim Howard Excellence in Public Service Award recognizes and honors one City employee who has: • Consistently demonstrated their commitment to the City of Boynton Beach through their embodiment of "excellence" as a public servant. • Consistently performed their job in an ethical manner and with integrity. • Consistently displayed exceptional dependability and initiative by regularly performing duties above and beyond those normally assigned or expected. • Consistently exemplified professionalism and knowledge as a City of Boynton Beach employee. • Performed their duties in a way that has created a positive and lasting impact. 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 849 11.A. New Business 11/2/2021 Requested Action by Commission: Proposed Resolution No. R21-150 - Adopt the Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. Explanation of Request: In 2011, the Legislature eliminated state mandated transportation concurrency and made it optional for any local government. In 2013, the Legislature encouraged local governments to adopt mobility plans and fees as an alternative to transportation concurrency, proportionate share and road impact fees. Pursuant to the State Statute changes, City staff coordinated with Nue Urban Concepts to develop a Complete Streets Mobility Plan and Mobility Fee Technical Report. The City recognizes the public's growing need and desire for a balanced transportation network that adequately accommodates all modes of transportation to improve safety and comfort for people walking, biking, driving, and using transit. The proposed Plan incorporates multimodal projects that were previously identified in the 2016 Boynton Beach Community Redevelopment Plan, Boynton Beach Greenways, Blueways, and Trails Plan, Transportation Planning Agency's 2045 Long Range Transportation Plan, and the Florida Department of Transportation's Work Program. The proposed plan also recommends additional projects to achieve a more connected transportation network for all modes of travel. Approval of the Complete Streets Mobility Plan will allow the City to transition away from traditional road concurrency policies focused on moving vehicles to policies focused on moving people. The Mobility Fee Technical Report establishes the legal foundation for collecting a Mobility Fee. It establishes the difference between traditional road impact fees and mobility fees. Traditional road impact fees focus on adding new roadway capacity to move people driving motor vehicles (i.e. cars, trucks, SUVs, motorcycles). Mobility fees can be used for road capacity, but can also be used for costs associated with adding new multimodal capacity, including sidewalks, trails, bike lanes, streetscape and landscape, microtransit (i.e. golf carts, neighborhood electric vehicles, autonomous transit shuttles etc.), and other mobility options to provide a variety of choices for personal mobility. The Report establishes a single mobility fee assessment area to assess new development for their impact to the transportation network based on their specific use. Two workshops were held to receive feedback from agency partners and from the general public and stakeholders. The Transportation Partners workshop was held on July 30th and the general public meeting was held on August 30th. A live -stream recording of the general public meeting has been posted on the City's website and YouTube channel. Staff will continue to work with Nue Urban Concepts to implement a Mobility Fee. The scope of work includes, establishing a Mobility Fee Ordinance, Comprehensive Plan update, Land Development Regulations update, Service Charge Study, Administration Procedures, and Mobility Access / Site Impact Requirements. All necessary work is scheduled to be completed by March 2022. How will this affect city programs or services? While this action will not affect city programs, the ultimate implementation of a Mobility Fee may fund future transportation and mobility programs and projects. Page 528 of 849 Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Transportation and Mobility Strategic Plan Application: The approval of the Complete Streets Mobility Plan and Mobility Fee Technical Report furthers the "Transportation and Mobility" goal of the City's Strategic Plan by establishing a plan and funding source to improve mobility for all modes of transportation and for all residents and visitors. Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D [Resolution D Attachment D Attachment D Other Description [Resolution adopting the Complete Streets IMobiiliity IF:11airn and 'Technical [Report Complete Streets IMobiiliity IF:11airn IMobiiliity Fee 'Feclhirniical [Report Slide l::1resentatioirn Page 529 of 849 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 :1:-i l ILI] I c•].1:kAe A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE BOYNTON BEACH COMPLETE STREETS MOBILITY PLAN AND MOBILITY FEE TECHNICAL REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2011, the Legislature eliminated state mandated transportation concurrency and made it optional for any local government, while in 2013, the Legislature encouraged local governments to adopt mobility plans and fees as an alternative to transportation concurrency, proportionate share and road impact fees; and WHEREAS, pursuant to the State Statute changes, City staff coordinated with Nue Urban Concepts to develop a Complete Streets Mobility Plan and Mobility Fee Technical Report; and WHEREAS, the proposed Plan incorporates multimodal projects that were previously identified in the 2016 Boynton Beach Community Redevelopment Plan, Boynton Beach Greenways, Blueways, and Trails Plan, Transportation Planning Agency's 2045 Long Range Transportation Plan, and the Florida Department of Transportation's Work Program and also recommends additional projects to achieve a more connected transportation network for all modes of travel; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to adopt the Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Adopt Complete Streets Mobility Plan - Reso.docx Page 530 of 849 27 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 28 ratified and confirmed by the City Commission. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 adopts the Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report, 31 copies of which are attached hereto and made a part hereof as Exhibits "A" and "B". 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this 2nd day of November, 2021. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 59 (Corporate Seal) 60 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Adopt Complete Streets Mobility Plan - Reso.docx VOTE YES NO Page 531 of 849 0 COMPLETE STREETS MOBILITY PLAN p iipu ����i � Ylf %, age'° 2 °849 Page 533 of 849 .............. ..... ...... City Commission Steven B. Grant, Mayor Ty Penserga, Vice Mayor Justin Katz, Commissioner Woodrow L. Hay, Commissioner Christina Romelus, Commissioner City Staff Lori LaVerriere, City Manager Andrew Mack, Assistant City Manager Amanda B. Radigan, Principal Planner Gary Dunmyer, City Engineer Paola Mendoza, Associate Engineer Craig Pinder, Planner II ADOPTION DATE: NOVEMBER 2, 2021 3 Page 534 of 849 Executive Summary The transportation network of the City of Boynton Beach is comprised of an interconnected system of streets, trails, railroads, blueways, and a freeway. The existing network accommodates (to varying degrees) people walking, biking, driving, and using transit for a variety of reasons, such as commuting or for leisure. Maintaining a transportation network that adequately accommodates all users is crucial to fostering commerce and enhancing the quality of life in Boynton Beach. Until recently, the typical approach to addressing traffic congestion in most cities across the nation has been to plan and design the transportation network around the movement of automobiles. This is evident in the ubiquitous presence of using Level of Service (LOS) to measure roadway performance. LOS is focused only on vehicular throughput, and is based on performance measures like vehicular speed, density, congestion, etc. with minimal consideration of other transportation modes. This has the undesirable consequence of creating streets that are unsafe and uncomfortable for people who want to walk, bike, or use a micromobility device, such as a skateboard or scooter. The City recognizes the public's growing need and desire for a balanced transportation network that adequately accommodates all modes of transportation to improve safety and comfort for people walking, biking, driving, and using transit. This is an acknowledgement of the paradigm shift away from a conventional, automobile -focused, "incomplete" approach to roadway and street design, to one that ensures all transportation modes are represented and considered, resulting in "complete" streets that can be safely used and enjoyed by users of all modes of transportation. This Complete Streets Mobility Plan formalizes the City's approach to complete streets. Instead of a transportation network focused on LOS, the plan establishes a transportation network based upon QOS, or Quality of Service. QOS ultimately shifts priorities in street design decisions so that people biking, walking, and riding transit share the same level of safety and comfort as automobile drivers. KEY FINDINGS OF THE EXISTING CONDITIONS ANALYSIS The existing conditions report and related research yielded the following findings: Demographics: • The city's population is expected to grow by approximately 22% through 2045. This represents an increase from the current population of 78,495 to a projected population size of 95,848. • Approximately 88% or 27,978 workers commute from outside the city. • Approximately 96.5% of owner -occupied households, as compared to 89.5% of renter occupied households, have at least one vehicle available. • Out of the 34,069 residents who are employed, only 3,909 (12.3%) work in Boynton Beach. The remaining 30,160 residents work outside of the city limits. Crashes: • Over 10,900 crashes have been recorded on the city's streets between 2014 and 2019. • Although pedestrians, bicyclists, and motorcyclists are only involved in 4.3% of all crashes, they represent 58.6% of all traffic fatalities. 4 Page 535 of 849 • Crashes are most likely to occur between the daytime hours of 7:00 A.M. to 7:00 P.M., with approximately 78%, or 3 out of 4 of all crashes occurring during that time. • Fatalities and incapacitating -injury crashes also peak during daytime hours at 60% and 52%, respectively. COMPLETE STREETS MOBILITY PLAN RECOMMENDATIONS Multimodal Mobility Hubs and Districts The Boynton Beach Complete Streets Mobility Plan proposes primary and secondary multimodal mobility hubs and districts, which include anticipated major destinations, a mix of land uses, and existing major destinations in the urban and suburban sections of the city. The plan was developed around providing multimodal connections to these areas using key corridors within in the city and the proposed hubs and districts. Shift from Level of Service (LOS) to Quality of Service (QOS) Standards Establishing QOS standards based on posted speed limits instead of automobile volume more accurately meets the intended purpose of a street or road, reflects the desired level of people walking, bicycling, and riding transit, and ensures adequate access to adjacent land uses. The QOS standards also move the City towards the goal of Vision Zero, which aims to achieve a transportation network with no fatalities or serious injuries involving automobile traffic. Under Street QOS, the posted speed limit is intended to be served as the design standard, with the express intent of providing the City the opportunity to implement its Complete Streets, and to allow for design and redesign of streets to create safer conditions for people. Bike Facilities The proposed bike facilities in Boynton Beach promote the vision to create a holistic bicycle network that allows users to ride a bike seamlessly between all multimodal mobility hubs and districts throughout the city. The proposed network includes sharrows, buffered bike lanes, shared use paths, and paved trails. Pedestrian Facilities The greatest need for sidewalks exists in the neighborhoods located east of Interstate 95. Less than 50 percent of the streets in these neighborhoods have sidewalks, with even less around the primary multimodal mobility hub. As such, the plan will assist the City with prioritizing new sidewalk construction in these neighborhoods. Transit The Plan recommends the establishment of a local transit route to provide service to and connect all multimodal mobility hubs and districts. This includes connecting the existing Tri -Rail train station west of Interstate 95 with the proposed intermodal mobility station located downtown. This proposed route is preliminary and is subject to change. MOVING FORWARD The Plan incorporates multimodal projects that were previously identified in the 2016 Boynton Beach Community Redevelopment Plan, Boynton Beach Greenways, Blueways, and Trails Plan, 2045 Long Range Transportation Plan, and the FDOT Work Program. In addition, the Plan recommends additional projects to achieve a fully connected transportation network for all modes of travel. These projects establish the basis for the City to establish a mobility fee which will replace Palm Beach County's road impact fee, therefore enabling the City to collect funds to construct the recommended roadway improvements outlined in this Plan. 5 Page 536 of 849 uuum,.... MLiuui I ntrod Lil ("Ai 0 r) Whay am Ccnnlrflele .. .. .. .. .. 9 Ccnnlr,ill ele Shme�s Exisfirig Cariditiaris e it T n o g ir a 1pIh c a 13 Population & Jobs 13 Work Commute Flows 14 Commute Distance 14 Mode of Travel 15 Vehicle Availability 16 Travel Time 17 Households 17 Growth in Boynton Beach 18 1 Visiori Zero rraffic arid Craslh IDala Aria- ysis .....................................................22 When Do Crashes Occur? 23 Severity of Crashes 24 Who is Involved? 24 Where Do Fatalities Occur? 25 �3uflH Posted Speed Limits & Number of Lanes 30 Existing Pedestrian Facilities 31 Existing Bike Facilities 32 Existing Transit Facilities 33 :Askng :)okces arn(Il:nll�sir ns 34 Future Land Use Element 35 Transportation Element 36 Boynton Beach CRA Plan 36 Boynton Beach Greenways, Blueways, and Trails Plan 36 Boynton Beach Climate Action Plan 37 Existing Planned Improvements 37 Roadway Capacity Improvement Projects 37 Mobility Plan Larn(:J Use Assess ir T �e r 41 Boynton Beach Multimodal Mobility Hubs & Districts 42 Primary Multimodal Mobility Hub 43 Secondary Multimodal Mobility Hub 44 Multimodal Mobility Districts 45 LOS & QOS .. .. .. .. .. .. .. 47 Ccnn1r,flele Shmels & Mobflfly Multimodal Improvements 52 Proposed Pedestrian Facilities 56 Proposed Bike Facilities 57 Proposed Transit Facilities 58 Connectivity Map 59 Conceptual Designs 64 lrriplernentatian 77 Apperidic;es 80 7 Page 538 of 849 ,lel ll l [y 1 [t Page 539 of 849 What are Complete Streets? "Complete Streets" is a transportation design philosophy and policy that places the same priority on pedestrians, bicyclists, and transit users as motor vehicle drivers. This design approach requires streets to be planned, designed, constructed, and operated in a manner to accommodate safe, equitable, convenient, and comfortable travel, as well as provide access for users of all ages and abilities regardless of their mode of transportation. Complete Streets aim to improve the quality of life for users by designing streets that are both safe public spaces and enable high-performance, sustainable transportation networks. Almost all trips begin and end with walking. As such, complete streets policies require that all construction projects begin by assessing howthe right-of-way can best serve its users. This design approach advances the fundamental principle of creating safe and comfortable streets. Currently, the number of serious injuries and fatalities that occur on our streets is astonishing. According to a 2015 study conducted by the National Highway Traffic Safety Administration, 94 percent of crashes are due to human error. The Complete Streets design approach recognizes the need to address the issue of traffic safety at a system level because most traffic crashes are preventable and the severity of the remaining crashes can be minimized. Complete Streets are context sensitive and offer many design elements which can be incorporated into a project; however, projects may differ depending upon the surrounding land -use context. For example, shade trees and wide sidewalks would be prioritized in a downtown environment rather than in an industrial environment due to the differences in which people interact and use those environments. 9 Page 540 of 849 Complete Streets Policy The Boynton Beach City Commission approved the Complete Streets Policy on June 16, 2020, affirming the City's commitment to "connect the community through safe, accessible, and multi -modal systems that improve the quality of life in Boynton Beach" as stated in the City's Strategic Plan. The Policy calls for the City to gradually transform its transportation network to one that supports all modes of transportation by equitably investing in transportation infrastructure which benefits all residents and visitors. The full language of the Policy can be found in Appendix C. The Boynton Beach Complete Streets policy outlines the approach that will be pursued by the City to achieve a Complete Streets network, which includes the creation of this Complete Streets Mobility Plan. The main goals of the policy are: Safety and Convenience for All Transportation Users Create a transportation system that is designed and operated in ways that ensure the safety, security, comfort, access, and convenience for all users of all ages and abilities, including pedestrians, bicyclists, public transit users and operators, emergency responders, transporters of commercial goods, motor vehicles, and freight providers, therefore decreasing the potential of vehicular, bicycle, and pedestrian -related crashes. Connected Facilities that Accommodate All Travel Modes Create an inviting transportation system that includes an integrated, safe, reliable, comfortable, and efficient network of fully connected multimodal facilities which accommodates access to all modes of travel. Increase Walking, Bicycling, and Public Transit Create a transportation system that encourages walking, bicycling, and public transit by providing a variety of safe and convenient walking and bicycling options. Economic Development Create a transportation system that promotes economic development that will benefit from and contribute to a more connected and livable community, and supports redevelopment of and connectivity to activity centers. Vision Zero Equity & Data Driven Approach Create a transportation system that views road safety as a social equity issue and recognizes that the concentration of traffic safety problems results from under -investment in certain communities, and to the greatest extent possible, ensures equity by actively pursuing the elimination of health, economic and access disparities. The City's goal is to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, equitable mobility for all. Community Health & Sustainability Create a transportation system that advances the Boynton Beach Climate Action Plan through reducing automobile dependency by transforming the city into a community where people walk, bike, take transit or carpool for most trips, and improves environmental and community health (i.e. reduce fossil fuel consumption & greenhouse gas emissions; decrease air and noise pollution; improve air quality; encourage social interaction and physical activity; preserve the natural environment; etc.). 10 Page 541 of 849 11 1 1 1 1 :.:.<11 MM�Ifflll�(] 12 Page 543 0 849 on MR \� � /\�� \r . .... . .. . r/� \ \ ..« � � _: \ \ \ << r . .\>, � MM�Ifflll�(] 12 Page 543 0 849 Population and Jobs Boynton Beach is the third largest city in Palm Beach County, after West Palm Beach and Boca Raton. The county's fourth most populous city is Boynton Beach's neighbor to the south, Delray Beach. As Table 1 demonstrates, West Palm Beach and Boca Raton are employment centers, while Boynton Beach has the lowest jobs -to - household ratio of the four aforementioned municipalities. Table 1. Population and Jobs Source: Population: OF BEBR 2020; households US Census ACS 2019: Jobs: US Census OnTheMap 2018 J o lb e n s Ilii ty The job density map shows that the city's largest employment centers are located along Congress Avenue (commercial corridor), Gateway (Quantum Park), and Seacrest (Bethesda Hospital East) Worlk Calll,,imlllinulte The most recent US census data for origin -destination employment patterns (2018, Inflow/Outflow) shows that, out of 31,887 people who work in the city, only 3,909 (12.3%) also live in Boynton Beach. The remaining 27,978 workers commute from outside of the city. Out of 34,069 city residents who are employed, 30,160 (88.5%) commute to work outside of the city boundaries. Figure 1. Job Density Map Source: Origin -Destination Employment Statistics, OnTheMap 2018 Table 2. Work Commute Flows Figure 2. Work Commute Flows Source: Origin -Destination Employment Statistics, OnTheMap 2018 Source: Origin -Destination Employment Statistics, OnTheMap 2018 14 Page 545 of 849 IIIIIII'nIIIIII', 1111111 r Table 3. Commute Distance Source: US CensusOrigin-Destination Employment Statistics, OnTheMap 2018 Table 4. Mode of Travel Source: US CensusOrigin-Destination Employment Statistics, OnTheMap 2018 15 Page 546 of 849 1111111W �� I.- lw���4s 'A" -1111 >45 i <10 Vehiclb Approximately 96.5% of owner -occupied households—as compared to 89.5% of renter -occupied households—have at least one vehicle available. An estimated 10.5% of renters have no vehicle available, versus only 3.5% of owners. OR Table 5. Number of vehicles avaible per household Source: US Census, ACS 2019 Page 547 of 849 'I"ravd! `1 i���­ne Nearly 39% of all city residents travel more than 30 minutes to their place of employment, while for 37% of workers, the commute is less than 20 minutes. According to the latest ACS data (2019), the city's number of households is 29,718. Some 34% are occupied by a single -person. Approximately 39.6% of households rent their dwelling. The average household size is currently 2.56, and is higher for renters (2.67) than owners (2.49) . The majority of owner -occupied households live in single-family homes or townhomes, while most renters live in multifamily housing. Garden -style apartments, typically in buildings with 5 to 19 units, are the most popular choice (29.8%) for renters living in multifamily developments. Notably, a significant percentage of renter -occupied units are in buildings with more than 50 dwelling units (21.30. This is mostly due to the prevalence of large multifamily apartment projects constructed during the last decade, which increased the percentage share from 12.1% in 2010 to 21.3% in 2019. Approximately 58.4% of these households are single -person households. Table 6. Mode of Travel Source: US Census, ACS 2019 Table 7. Type of Households Source: US Census, ACS 2019 17 Page 548 of 849 Growth 1111111 �Boynton �Beach 80,000 78,000 76,000 74,000 72,000 70,000 68,000 66,000 64,000 62,000 2010 2011 2012 2013 Figure 3. Population Growth in Boynton Beach Source: UOF BEBR annual estimates 2014 2015 2016 2017 2018 2019 2020 During the 2010-2020 period, Boynton Beach grew, on average, at 1.41% per year. The City is almost built out, so the majority of new construction will proceed through redevelopment in areas where mixed uses with higher residential densities are envisioned by City and CRA plans. The implementation of these plans will likely result in significant spurts of population growth within the next 25 years. The Palm Beach County population projections for the City are 87,639 for 2030 and 95,848 for 2045. In addition, the South East Regional Planning Model (SERPM) version 8.0 forecasts the number of hotel rooms to reach 1,712 in 2045. These projections underscore the need for future multimodal transportation improvements to meet increased travel demands. Table 8. Boynton Beach 2045 Projections Source: PBC Population Projections; US Census OnTheMap 2018 Employment (projection assuming constant Pop/Empl ratio); SERPM 8.0 Hotel Rooms � � r The growth of vehicle miles of travel (VMT) is one of the factors evaluated to determine the need for future multimodal projects within the city. The latest version of the Southeast Regional Planning Model (SERPM) was used to determine the VMT growth within and around the city of Boynton Beach between 2020 and 2045 (Table 9). Future traffic does not terminate at city limits, thus the evaluation of VMT data includes areas that are outside city limits to ensure the future model volumes evaluated terminate at logical endpoints (intersecting roads). The growth in travel on Interstate 95 is excluded from mobility fee calculations. Travel on Interstate 95 is excluded due to the fact that the interstate system is largely funded through federal fuel tax revenues and the potential to levy user fees (tolls) for managed travel lanes. The projected growth on Interstate 95 is relatively moderate given current conditions and future improvements to the Florida Turnpike, Tri -Rail, Brightline and the possibility of Tri -Rail Coastal Service. Table 9. Growth in Vehicle Miles of Travel (VMT) Source: Projected growth in VMT prepared by NUE Urban Concepts, LLC. The 2015 base year and 2045 future year VMT were ex- tracted using the cost affordable model network from the 2015/2045 Southeast Regional Planning Model (SERPM 8.504). The model files were obtained from the Palm Beach County Transportation Planning Agency (TPA) webpage. The 2020 mobility plan base year VMT was interpolated based on an annual growth rate of .92% for arterial and collector roads and .13% for Interstate 95 based on the increase in VMT between the 2015 base year model data and the 2045 horizon year model data. The VMT increase is based on the difference between 2020 and 2045. 19 Page 550 of 849 20 Page 551 >of 849 EMOM 21 Page 552 of 849 %a% 111111 .111111 r 111111 " �� 1111111 111111 1111111 IIIIII a i�h �1���)a° a111111 ds1111111s The City is committed to reducing the number of serious injuries and fatalities occurring on city streets. To advance this goal, the City conducted a preliminary baseline assessment using the last 6 years of available crash data to understand the crash patterns occurring on city streets. The following analyses investigate the context, severity, and demographics of the crashes in order to determine the prevailing conditions, and to develop priority projects identified within the Complete Streets Mobility Plan. Over 10,900 crashes have been recorded on the city's streets between 2014 and 2019. In 2019 (the most recent year for which data is available) there were over 2,700 crashes in the city, more than double the number of crashes recorded in the previous year. Understanding traffic and crash patterns on the transportation network is essential to identifying hotspot areas that should be investigated for potential improvements. Hit By Vehicle Traveling at: NX MPH a 0 0 9 a 0 0 0 a 0 ,"A"ARN, 'Arl, A A Al A, 14, 9 out of 10 pedestrians survive 9 1111) When Crashes r uuu Figure 4. Number of Daytime Crashes vs Nighttime Crashes Source: Signa14 Analytics Overall, crashes peak during the daytime hours (7am-7pm) with approximately 78% of the crashes occurring during the day. Similarly, fatalities and incapacitating injury crashes peak during the day at 60% and 52%, respectively. Figure 5 below shows a graphic representation of the average crashes per year by time of day. In addition, motor vehicle crashes peaked between 3PM and 6PM, bicycle crashes peaked between 3PM and 6PM, and pedestrian crashes peaked between 9AM and 12PM. 800 700 600 500 400 300 200 100 12am - 3am 3am - 6am 6am - 9am 9am - 12pm 12pm - 3pm 3pm - 6pm 6pm - 9pm 9pm - 12am 2014 uuuuuuuuuuuuuuuum 2015 2016 immmi minim 2017 2018 immimmimmo 2019 Figure 5. Crash trends by time of day per year Source: Signa14 Analytics SeveIrIIIIIty of GIraslhes Severe crashes can result in fatalities or severe injuries. A fatality occurs when a crash results in the death of a road user, and severe injury crashes cause incapacitating injuries, leaving a road user disabled following the crash. The six-year analysis shows that crash -related fatalities peaked in 2016 with a total of 15 fatalities, and the trend has continuously declined in the following years. Figure 6 below shows the number of fatal and severe injury crashes that have occurred from 2014 to 2019 within the city, excluding intended vehicular homicides and intentional injury crashes, private property crashes, and crashes on freeways. Wlho's SII I n 0 0 10,405 170 14 7 lipipuumIlkii�i uWa IIII Figure 7. Number of crashes by mode (2014-2019) Source: Signa14 Analytics Page 555 of 849 WlheIre do GIraslhes OccII ?III, Maxtor Vehicle ,mash, City Boundary 25 too 9li u� J ��(II 1J9 I Figurei. Crash locationsI I • -: Signa14 Analytics 25 too All - - - - - - Gate BI% ;, 0 0 T .� N 0 00 � L a� , 0 Qateway Blvd L----------- N ' O I H lip - - - - Woolbright Rd Legend P o P deSIIWA Crashes E= cftysmd�my J f1001d Boynton Rd B nto Beach BI 61 nnnnnnnnnnn...... lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll lfl llllmnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn Figure 9. Pedestrian crash locations throughout city (2014-2019) Source: Signa14 Analytics 26 Gateway Blvd Q N W Qi 0 Q N N L Q U '' oyton Beachivd W i i i i m N U CO ) 0 Boynton Beach Blvd Figure 10. Bicycle crash locations throughout city (2014-2019) Source: Signa14 Analytics Page 558 of 849 Figure 11. Fatal crash locations throughout city (2014-2019) Source: Signa14 Analytics Wl "o, F74loo. m \ /\� \ ^ \I\� . . � \\� / � �� � \ ?� ?� . \� � ^ \� \ � \\§�� %?\� \ .\ \\«\�� y °,a«« 2 /r,ww 4A I �Muinnbeir of'' dill aili Figure 12. Posted speed limits Figure 13. Number of travel lanes 30 Page 561 of 849 1111111 1111111 Illlllli IIIIIII�IIIIIII ������ � 1111111 1111111 1111111 Sidewalks currently exist on both sides of the roadway along all of the major traffic corridors in the city. In addition, paved pathways exist along some canals, as well as existing unpaved eco - trails shown in Figure 14. There are opportunities for additional eco -trails, unpaved pathways, and other pedestrian enhancements along a few key corridors in order to complete the overall major pedestrian network. 9 Figure 14. Built pedestrian network 31 Page 562 of 849 1111111 1111111 Illlllli �'� 1111111 Ww � � 1111111 1111111 1111111 Currently, there are existing bike facilities along only a few corridors in the city. These are Federal Highway, Gateway Boulevard, Woolbright Road, Congress Avenue, and Ocean Boulevard, as shown in Figure 15. These facilities are categorized into either designated (bike facilitywith at least a dedicated bike lane) or undesignated (no dedicated bicycle facility but can be traveled on safely due to low traffic volumes and slower speeds). Of these corridors, Federal Highway is the only roadway with an uninterrupted bike facility throughout its entire length. This shows that there are significant gaps in the city's bike network as there are no bike facilities connecting the urban area of the city (east of 1-95) to the suburban area of the city (west of 1-95). In addition to this, most activity centers in the city are not currently connected with bike facilities. The gaps in the network makes it difficult for a bicyclist to safely and comfortably travel from one activity center to another. 32 Page 563 of 849 i 1 J, t_ a Legend . .. o.. Existing Bicycle Pa�cHitie� , ...... ,. ..: = City Boundary Figure 15. Built bike network 1111111 1111111 Illlllli �'� 1111111 Ww � � 1111111 1111111 1111111 Currently, there are existing bike facilities along only a few corridors in the city. These are Federal Highway, Gateway Boulevard, Woolbright Road, Congress Avenue, and Ocean Boulevard, as shown in Figure 15. These facilities are categorized into either designated (bike facilitywith at least a dedicated bike lane) or undesignated (no dedicated bicycle facility but can be traveled on safely due to low traffic volumes and slower speeds). Of these corridors, Federal Highway is the only roadway with an uninterrupted bike facility throughout its entire length. This shows that there are significant gaps in the city's bike network as there are no bike facilities connecting the urban area of the city (east of 1-95) to the suburban area of the city (west of 1-95). In addition to this, most activity centers in the city are not currently connected with bike facilities. The gaps in the network makes it difficult for a bicyclist to safely and comfortably travel from one activity center to another. 32 Page 563 of 849 ���� 1111111 1111111 �� Illlllli 1111111 ��'�w � � 1111111 1111111 1111111 �� Illlllli �IIIIIII� t I Camular min Sla �® �UM&II 1. r I��� MMk, m Rlts Wd WN Nl'ml PAME2NnUk.. ..... IFdh'R .IIJIX.NYry xbi�S�MCd4k`"RN�chd� JDA WWdW.W , I @'mgMwvk I. Figure 16. Existing transit network & facilities 33 Page 564 of 849 IIIIIIIIIIU '° � IIIIIIIIIIU i��' IIIIIIIIIIIIII � ��. IIIIIIIIIIIIIIII 34 u, O Futui�,e 111111 ilii Cities that experienced the majority of their growth after widespread use of the automobile grew and developed in a way to accommodate it. As a result, these cities, including much of South Florida, have been developed through an urban sprawl pattern, which prioritizes the movement of automobiles instead of people. The City is discouraging this pattern of development by requiring all future development and redevelopment to be compact, have the ability to attract a mix of uses, and support all modes of transportation. The Future Land Use Element (FLUE) supports a Transit -Oriented Development approach by establishing a Downtown Transit -Oriented Development District (DTODD), which accommodates the greatest density and intensity allowed by the FLUE. The FLUE also establishes Mixed -Use future land use classifications, including Mixed -Use Low (20 du/acre and 2.5 FAR), Mixed -Use Medium (50 du/acre and 3.0 FAR), and Mixed -Use High (80 du/acre and 4.0 FAR). The densities and intensities allowed within these classifications create the framework for the establishment of mixed-use zoning districts within the City's Land Development Regulations (LDR) that support a Complete Streets design approach. The mixed-use zoning districts established by the LDR include the following: Mixed -Use 1 (which implements Mixed -Use Low), Mixed -Use 2 (which implements Mixed -Use Medium), Mixed -Use 3 (which implements Mixed -Use Medium), Mixed - Use 4 (which implements Mixed -Use High), and Mixed -Use Core (which implements Mixed -Use High). These zoning districts allow for the vertical or horizontal mixing of land uses within a single site, encourage compact development, and prioritize safe, pedestrian -friendly streets with transportation options. This promotes compact developments within a short walking distance of transit stations or mixed-use destinations that contain housing, employment centers, shops, restaurants, and entertainment. This approach reduces the distance between land uses and allows for improved access to transit, walking, and bicycling, increasing their viability as a choice in line with that of driving a personal motor vehicle. The Transportation Element sets goals and objectives to develop and maintain transportation systems in order to meet future and current transportation needs. A key goal of the element is to develop a transportation network that incorporates bicycle, pedestrian, and public transit systems. Such systems should promote usage by pedestrians and bicyclists 35 Page 566 of 849 by incorporating adequate facilities such as wider sidewalks, buffers from travel lanes, shade trees, shorter crossing distances, lighting, refuges in large intersections, bicycle lanes, and bicycle parking. The Transportation Element also underlines the importanceof creating a bikeway classification system, which includes bike lanes, bike paths and bike routes within the city, as well as establishing pedestrian and bicycle facilities around the proposed intermodal mobility station within the city's CRA. Lastly, the Transportation Element requires examining local high -crash locations, identifying problems, and developing potential solutions to minimize or eliminate crashes at these locations. G111IA 1111I Land Use Elements Supporting Complete Streets The CRA Plan divides the city into six districts and recommends site-specific future land use classifications for the following five districts: Boynton Beach Boulevard, Cultural, Downtown, Federal Highway, and Heart of Boynton. Within the recommendations, each of the districts receives site-specific mixed-use land use classifications including mixed-use low, mixed-use medium, and mixed-use high; amongst other land use classification changes. Mixed-use developments require Complete Streets infrastructure to reduce vehicular trips within a dense urban fabric. Regulations within the mixed-use land designations that promote Complete Streets include: • restricting parking to the rear of buildings; • prohibiting automobile -oriented uses; • requiring active commercial frontages on the pedestrian level; • restricting driveway curb cuts to secondary streets when possible; and 36 • requiring pedestrian access to the main building entry directly from the sidewalk which must front the major thoroughfare. These regulations allow the urban form to develop in a manner that prioritizes the public right-of-way for the pedestrian and advances multimodal transportation. Recommendations The CRA Plan's Future Land Use classifications and connectivity recommendations should be incorporated into the Complete Streets Mobility Plan. In addition, Palm Tran bus routes are discussed in the introduction to the plan; however, it does not specifically identify corridors where transit will be the prioritized mode of transportation. The information on the existing bus routes should be mapped and used in a direct connection to the recommended complete streets improvements. Finally, the identified complete streets corridors should be ranked for priority to be incorporated into the Complete Streets Mobility Plan. iiiilw iii , 111�1�11�1;�Iuewa s. ilii ilii" iiidls The plan illustrates and prioritizes actions to increase and enhance multi-modalism; improve non -motorized transportation safety; connect people with natural areas; and increase recreation and conservation opportunities. Sidewalks and bike lanes are proposed among other facilities that promote mobility for all users regardless of their ability. This provides individuals with the option to use active transportation for leisure, exercise, or commuting to residential and commercial sectors within the city. The Boynton Beach Greenways, Blueways, and Trails Plan not only supports the Complete Streets Mobility Plan initiative, but also provides a comprehensive list of transportation systems that will be implemented as part of this plan. Page 567 of 849 Recommendations The Complete Streets and Mobility Plan will incorporate the bicycle and the Blueways systems, including canoe and kayak launch facilities as described in the report. Additionally, the following systemswill be reevaluated as part of this study and updated to reflect completed or new proposed components: eco trails, safe crossings, neighborhood greenways, shared use paths, passenger rail stations, and facilities connecting to passenger rail stations. 1111111;0yintain Ghiknnale iiiii ilii 111111 ° iiiiii 111111 Global warming and climate change continue to be experienced around the world due to human activity increasing greenhouse gas (GHG) emissions. The CAP focuses on reducing GHG emissions generated by both government operations and the community, and aligns with the goals and objectives outlined in the City's Comprehensive Plan, CRA Plan, and Greenways, Blueways, and Trails Plan. One of the most significant sources of GHG emissions comes from the combustion of fossil fuels for transportation. Reducing the reliance on single occupant vehicular transportation is a key strategy that can greatly reduce the volume of fossil fuels used and advances several objectives outlined in the CAP for transportation and land use. These strategies include expanding pedestrian and bike infrastructure, supporting the development of transit options, and supporting human -scaled and walkable developments. IIIIIE'° xiii iii One primary component of the Complete Streets Mobility Plan is the identification of future multimodal improvements within the city. The City's Comprehensive Plan, CRA Community Redevelopment Plan, and the Boynton Beach Greenways, Blueways and Trails Plan (BBGBTP) were evaluated to identify 37 planned improvements. In addition, the 2045 Palm Beach County Long Range Transportation Plan (LRTP), the current Florida Department of Transportation (FDOT) Transportation Improvement Program (TIP), the County's Capital Improvement Program (CIP), the Palm Beach County Bicycle Master Plan and the Florida Greenways and Trails System Map were also evaluated. The identified projects were grouped into two tables; the first table lists roadway capacity improvement projects while the other table lists bike and pedestrian improvement projects. Ca�pa&ity The roadway capacity improvement projects table shows that all three 1-95 interchange locations in the city will receive improvements that propose to add travel lanes in order to increase capacity through the interchange. In addition, there are two roadway -widening projects identified in the LRTP located within the suburban area of the city (west of 1-95). Intersection improvements vary based on location and include turn lanes and the addition of enhanced crosswalks. In total, there are twelve programmed projects listed in table 10. Table 10. Roadway Capacity Improvement Projects 111111 idke aind Illllf°iiiir°w The following improvements identified in table 1 1 group bike and pedestrian projects identified in the City's plans (CRA and BBGBTP), TIP, and TPA Bike Priority Network. Several projects identified in the City's plans overlap with projects identified in partner agency plans, indicating consistency among the plans. Improvements are identified in both the urban and suburban areas of the city across all plans. 38 Page 569 of 849 Table 11. Bike and Pedestrian Improvement Projects 39 Page 570 of 849 01:illl�'�JIf Elf, Page 571 of 849 iii vi-;iirirriie//%/rl' .....r��i�i �'��� a m��� IIIIII� IIIIII ,. .�. . la Complete Streets networks often support the development of multimodal communities. These communities are typically defined as areas with compact development within walking distanceoftransitserviceordestinations that contain a mix of uses such as housing, offices, shops, restaurants, and entertainment. The Complete Streets transportation network can be implemented through a Mobility Plan, which integrates multimodal -oriented land uses with people -focused mobility, encouraging people to choose an active transportation choice. The Boynton Beach Complete Streets Mobility Plan has been developed around the proposed primary and secondary multimodal mobility hubs, which include anticipated major destinations, a mix of land uses, and existing major destinations in the urban and suburban sections of the city. The plan aims to provide multimodal connections to these areas using the key corridors in the city and within the defined hubs and districts. 42 Multimodal Mobility Hubs (MMH) are places of connectivity where there are existing or planned concentrations of residential, employment center, retail, and entertainment developments. These places can connect together seamlessly through different transportation options, such as walking, biking, and transit. Multimodal Mobility Districts (MMD) are key nodes of multimodal -oriented developments that support multimodal transportation options within their boundaries, but require connection to additional services (e.g. employment and retail centers) provided within a MMH. 9 a i[Ily VIII U o a '1 0 n iiiiii iiiiiiIty The Primary Multimodal Mobility Hub (MMH) as shown in Figure 17, boasts a current mixture of land uses, including hotels, restaurants, retail shops, marine attractions, employment centers, governmental buildings (City Hall, a fire station, library, and cultural center), and residential developments that allow for mixed-use developments along Boynton Beach Boulevard, Federal Highway, Seacrest Boulevard, Martin Luther King Jr. Boulevard, and Ocean Avenue. Also located within the Primary MMH is the Downtown Transit Oriented Development District (DTOD), currently served by three Palm Tran bus routes. This hub also contains the future site of the Tri -Rail Coastal Link Station. Figure 17. Secondary Multimodal Mobility Hub Boundary and Key Project Locations .Ii��iu e c ahili,"iiiili ( Jai aiiiii�Ily The Secondary Multimodal Mobility Hub (MMH)—as shown in Figure 18—is comprised of restaurants, retail shops, public parks, places of worship, employment centers, the Catalina Center (which has the potential for future redevelopment located at Congress Avenue and Gateway Boulevard), and a future mixed-use development site at West Boynton Beach Boulevard and Knuth Road. The Boynton Beach Mall is also included in this MMH and a future master plan is under discussion with City staff to transform the site to include residential units, hotels, an enhanced retail experience, and programmable outdoor public spaces aimed at activating the local streets within the site. As the site develops, the need for Complete Streets projects that provide enhanced walkable or bikeable connections to the mixed-use developments and shopping centers along both the east and west side of Congress Avenue will become vital. Legend Existing Projects IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1. Restaurants & Shops 2. Boynton Village & Town Center 3. Sealofts Boynton Beach 4. Pacifica 5. The District 6. Renaissance Commons 7. Hotel & Restaurant 8. Catalina Center 9. Shoppes at Boynton 10. Hotels Conceptual Stage Projects 11. Boynton Beach Mall 12. Knuth Road Parcel Figure 18. Secondary Multimodal Mobility 44 Page 575 of 849 Figure 19 shows that the Multimodal Mobility Hubs and Mobility Districts are all within close proximity to one another. The Primary MMH and Secondary MMH are 2.5 miles apart and their respective MMD nodes are less than 2 miles from their centers. This depicts the need for the Hubs and Districts to be connected through Complete Streets projects that accommodate all modes of transportation. To the northeast of the Secondary MMH is the Tri -Rail MMD as shown in figure 18 that includes the Brewery District, Tri -Rail station, and an undeveloped parcel adjacent to the Tri -Rail Station. Tri - Rail provides service to employment centers and schools within the city as its passengers are mostly workers and students who commute into the city via rail on a daily basis during the week. The Tri -Rail MMD is expected to attract new developments in the future. To the south of the Primary MMH, as shown in Figure 19, are the Woolbright MMD and the Medical Overlay District. The Medical Overlay District shown on the aerial was delineated by City staff to include Bethesda Hospital Eastwhich is one of the City's major employers, several small private medical practices, and parcels where medical uses can be developed in the future, including the possible expansion of Bethesda Hospital East. The Woolbright MMD is a multimodal oriented development node that consists of residential, retail, restaurants, and parcels that allow for future mixed-use developments. siiiii,1 iiiiii C'Its 2. Woolbright MMD 3. Medical Overlay District Figure 19. Multimodal Mobility Hubs and Districts 45 Page 576 of 849 i r:� JcA1k6,, it r i �Y � i� lA� � rl ✓/d'� Yi � ''�" //p' u Oa � °OIIIIA �� QOS .......... �Imv� ou WV ��oIIII �V The Comprehensive Plan currently has adopted roadway level of service standards (LOS) of "D" for arterials and collectors within the City, except for Interstate 95 which has a LOS standard of "E". Roadway LOS of "D" standards are typically adopted by most communities in recognition that this standard allows for some level of traffic congestion during peak hours; however, traffic still flows at a fairly uniform rate. The City has also adopted a Transportation Concurrency Exception Area (TCEA) in and around its Downtown in recognition that a LOS D is not achievable without significant disruption to the urban fabric of the city and would negatively impact the desire of the City to encourage bicycling, walking, accessing transit, and using new personal and shared mobility technology. Florida Statute 163.3180(5) (f) (2) suggests exploring areawide roadway LOS standards as an alternative to segment specific roadway LOS standards and establishing multimodal quality of service standards. The establishment of areawide roadway LOS standards was evaluated as a replacement of segment specific roadway LOS standards. The intent of the City's Complete Streets and Mobility Plan is to move away from a focus on the movement of vehicles, and moves towards emphasizing and planning for the movement of people through a multimodal transportation system. The City has no plans to add road capacity east of 1-95 and the recently adopted 2045 Long Range Transportation Plan doesnotidentifyany roadway capacity projects east of 1-95. There are two future roadway capacity projects along High Ridge Road and Miner Road west of 1-95 that are included in this Complete Streets Mobility Plan. Other than those two projects, the Plan consists of multimodal projects to encourage people to bicycle, walk and use transit. Further, the Plan serves as the basis for the development of a Mobility Fee which would replace transportation concurrency, proportionate share, and County road impact fees for development within the Mobility Fee Assessment Area. Since the City no longer intends to implement transportation concurrency, proportionate share, and road impact fees within the Mobility Fee Assessment Area, the Complete Streets Mobility Plan establishes Street Quality of Service (QOS) standards to replace segment specific roadway LOS standards instead of adopting areawide roadway LOS standards. The Street QOS is based upon the posted speed limit. The lower the posted speed limit, the greater the emphasis on convenient accessibility to adjacent land uses and the safe movement of people, whether they are walking, bicycling, accessing transit, or driving. Higher posted speed limits recognize that the function of the road is to emphasize the movement of vehicles, with reduced accessibility to adjacent land uses, and should be limited to corridors serving regional traffic. For local streets and shared streets which emphasize walking and bicycling and provide direct access to homes and businesses, quality of service (QOS) standards will be set at either QOS of "A", which would be equivalent to a posted speed limit of 15 MPH or less, or a QOS of "B", which would be equivalent to a posted speed limit of 20 MPH. Collectors located in areas where the City prioritizes people walking and bicycling, the QOS standard would principally be "B", which would be equivalent to a posted speed limit of 20 MPH, with some collectors and select arterials with a QOS of "C", which would be equivalent to a posted speed limit of 25 MPH. Major collectors and minor and principal arterial roads, which are focused on moving higher volumes of traffic and consist of roads maintained and owned by the Florida Department of Transportation (FDOT), would generally have a QOS standard of "D" or "E" outside of more urbanized areas of the City. 47 Page 578 of 849 Establishing QOS standards based on posted speed limits more accurately reflects the intended purpose of a street or road and the desired level of people walking, bicycling, and riding transit, along with access to adjacent land uses. The QOS standards also move the City towards the goal of Vision Zero. Under Street QOS, the posted speed limit is intended to be served as the design standard with the express intent of providing the City the opportunity to implement its Complete Streets and to allow for design and redesign of streets to create safer conditions for people to walk and bicycle and allow for smaller lane widths, shared streets, and innovative designs to lower motor vehicle speeds. The QOS standards also allow for greater levels of neighborhood traffic calming to improve safety and potentially reduce cut through traffic. The QOS standards are intended to be implemented over time as streets are designed and redesigned and as traffic calming techniques are employed. QOS standards of "A" and "B" are not intended to be used unless there are physical geometric changes to streets to encourage slower speeds. Just because a lower speed limit is posted, it does not mean cars will slow down, unless there are actual changes to the street right-of-way that will result in people driving slower and more people feeling comfortable to bicycle and walk. The new Street QOS standards are as follows: SERVPCE CITY OF VISION ZERO ! N t.)AR 08 BOYNTONBEACH STNS ' QL.MA LTY Or SERVICE (OOS) STANDARDS�4m N��Iw�l 1 I IIS M� � "� N 7wIWi r" igy" j MJINNIMN I" LIMITS iii S9WA I EE SPEED N��LM,I.Ii^NP 'K uI" 1 LIMIT MAJOR LLE,T RVAI TNDN ,Ls QUALITY OF SERVICE (Q05) IV* �dY�YT` I PRINCIPAL I� OI�' �"GI� � RT RIARNL PIS 1STRO MVERD LIAWAT IS MAAhWIM U11K. LOWER SRI 0XVI Ai.NIC AMII:,.M: GONA, opVC0OWN 90 mi"NOMWK 141 HCS spigI 4 AMA0, Wo"M Ir P 2021 Of Mw Cocuft,ME AS, R' rte a , M M0110MM, Tootaft, Figure 20. Quality of Service Standards 48 Page 579 of 849 Low SPEED STREETS / MAIN! 'mmITR Or SERVICK ( ) STREET / LOCAL STLRE"TS/ I RvsIDKINT`L L, CINiCY STREE S WMi LOCAL, Tl�l`1�W"L"'� � I�!Nli AL.L'TV Off" iE'LNVIC (I�!0,S) 8 9 1P � / � RESIDEINT°NAL C N'T"T STREKTS I. 2 LWO � SELECTCOLLECTOR'S MJNR. / .S,ELErT .Na R"T'ENRLALS SPEED N��LM,I.Ii^NP 'K uI" 1 LIMIT MAJOR LLE,T RVAI TNDN ,Ls QUALITY OF SERVICE (Q05) IV* �dY�YT` I PRINCIPAL I� OI�' �"GI� � RT RIARNL PIS 1STRO MVERD LIAWAT IS MAAhWIM U11K. LOWER SRI 0XVI Ai.NIC AMII:,.M: GONA, opVC0OWN 90 mi"NOMWK 141 HCS spigI 4 AMA0, Wo"M Ir P 2021 Of Mw Cocuft,ME AS, R' rte a , M M0110MM, Tootaft, Figure 20. Quality of Service Standards 48 Page 579 of 849 The following are the QOS standards for sidewalks, paths and trails that accommodate primarily non -motorized travel demand for people walking, jogging, running, skating, or riding a bicycle. A five (5) foot sidewalk adjacent to travel lanes would result in a QOS "E" and a twelve (12) foot wide trail separated from travel lanes by a landscaped buffer would be a QOS "A". The higher the QOS, the higher the multimodal capacity and likelihood that people would utilize the facility. Complete Street design standards will further define the types of physical separation. Facility Type Multimodal Quality of Service Standards for Walking and Biking Type of Separation from Travel Lanes mited Separatio Landscape Buffer Source: QOS Standards established by NUE Urban Concepts, LLC Notes: The presence of two or more physical separation features, such as on -street parking and street trees would result in an increase in one additional letter grade. For example, a ten (10) foot wide path with street trees and on -street parking would achieve a quality of service of "A", a five (5) foot wide sidewalk with street trees and a landscape buffer would achieve a quality of service of "C" The following are the QOS standards for bicycle boulevards, bike lanes, and paved shoulders that accommodate travel demand for people skating, biking, scooting, skateboarding, or riding a micromobility device. A four (4) foot bike lane adjacent to travel lanes would result in a QOS "D" and a five (5) foot buffered bike lane would result in a QOS of "B". Complete Streets design standards will further define the types of physical separation, pavement markings and signage. Multimodal Quality of Service Standards for Bicycling and Micromobility Type of Separation from Travel Lanes Green Lane Facility Type Limited or Double Maximum Posted Separation Protected Buffered Lines Speed Limit Source: QOS Standards established by NUE Urban Concepts, LLC Notes: The presence of a physical separation features, along with pavement markings and posted speed limits would result in an increase in one additional letter grade. Protected bike lanes feature a physical carrier such as a median. Buffered bike lanes feature a buffer at least two (2) feet in width with either chevrons, RPMs, or flex post. Double lines shall be spaced a minimum of four (4) inches apart and feature RPMs or flex post to quality. 49 Page 580 of 849 The following QOS standards for transit are based upon the frequency of service during peak periods and the type of transit service provided. The QOS standards are only for corridors that feature transit service. The City may elect to establish target transit QOS standards for public/private partnership proposals and during the annual capital improvements planning process. 50 I o1111111 l���Illll 51 All transportation modes need safe and equitable access to the city's transportation network. In order to ensure that this is accomplished, there is a need to adopt Complete Streets criteria consistent with this plan. Complete Streets policies require that people of all ages and abilities, including pedestrians, bicyclists, transit riders and motor vehicle drivers, are accommodated in the design of the corridor cross-sections. This consideration should occur at the beginning of the design process to ensure that all road users are accommodated to the maximum extent feasible. City staff delineated the Multimodal Mobility Hubs (MMH) and Multimodal Mobility Districts (MMD), as described on page 42, to identify areas in the city that are likely to generate significant non -automobile trips either now or in the future. These areas encompass the city's activity centers and include mixed-use developments, hotels, restaurants, retail shops, marine attractions, employment centers, passenger rail stations (existing and proposed), and other uses that encourage multimodality. Defining the boundaries of the MMH's and MMD's helped staff to identify gaps in the transportation network within the hubs and 52 districts. Emphasis was also placed on providing multimodal connections between the MMH's and MMD's to ensure that all modes would be able to move freely around the city. �Vll " iiiiu o ( J a 1, 'u 'Its Multimodal communities are typically defined as areas containing compact developments within close proximity to transit stations and mobility hubs, or destinations that contain a mix of uses such as housing, employment centers, shops, restaurants, and entertainment. In simple terms, planning for multimodal communities is about creating walkable, bikeable, and sustainable communities for people of all ages, income levels, and abilities. Currently, there is a great need to provide multimodal accommodations for people walking and biking in the city. In addition, there is a need to implement a local "people mover" transit system to connect all multimodal hubs and districts, including the proposed Tri -Rail Coastal Link Station. Page 583 of 849 City staff reviewed the Palm Beach Transportation Planning Agency's 2045 Long Range Transportation Plan (LRTP) to identify all proposed roadway improvements between 2020 and 2045. This analysis revealed that, with the exception of Miner Road, the LRTP does not propose any additional roadway widening projects within the city's boundaries. This indicates that the period of auto -focused roadway widening has come to an end and the focus for future roadway design is now geared towards multimodal roadway improvements. The proposed multimodal improvements within this Complete Streets and Mobility Plan, along with the phasing of those improvements, were developed to provide the infrastructure necessary to encourage people to walk, bike, and ride transit. Additionally, the plan also identifies several road and intersection improvements to enhance safety for both drivers and pedestrians as detailed in Appendix A. The multimodal improvements identified in this plan were established based on the following fundamental elements. These elements are necessary to transition the city from housing a transportation system focused on moving cars to one focused on providing a safe, comfortable, and convenient multimodal transportation system through personal mobility and mobility choice: Mobifil:y: The ability to freely move people from one place to another by multiple modes of travel in an efficient manner. Deterrents to people making active transportation choices such as walking or biking are often associated with gaps in the transportation network such as an incomplete separated bike lane along a bike route. Accessibifilf:y: A measure of the ease of reaching, entering, or interacting with destinations. Accessibility can also be associated with a place of origin. A place with "high" accessibility is one from which many origins and destinations can be reached with ease via different transportation modes (walk, bike, transit, vehicle, etc.). Refers to the number of routes people have available to them to move from one place to another and the directness (convenience) of those route options from origin to destination. For example, a gridded network of streets effectively distributes traffic and reduces congestion on arterial or collector roads, whereas cul-de-sacs funnel traffic on arterial or collector roadways contributing to congestion. Visibifil:y: The quality of eye contact experienced between drivers and people walking, biking, and using a mode of travel other than driving a car. One method to increase eye contact is to increase the number of people walking and biking (i.e. safety in numbers equals more awareness that people walk and bike in an area). Design methods to increase the visibility of people walking and biking can include green bike lanes, painted intersections, and flashing signals. Multimodal facilities that have no gaps or sudden breaks in the network between the beginning and end point of a route. Vehicular travel lanes do not suddenly terminate without advanced warnings or change in number of lanes without properly marked transitions; neither should sidewalks, paths, trails, or bike lanes. Wei 'Y:, Physical design elements that can be incorporated into projects to enhance and provide safety for all road users. For example, a raised curb between a bike lane and a vehicular travel lane provides physical separation to protect bicyclists from passenger vehicles. Roadway designs can also facilitate behavioral changes that also enhances safety for everyone. Social Valiii.ie: The people -to -people connections that one experiences in a shared space environment, whether biking, walking, or taking transit. The social value of these interactions increases both individual and societal happiness through active engagement with the city, which can lead to an increase in the overall quality of life and independence for all, especially children and the elderly. 53 Page 584 of 849 In addition, proposed projects were developed using best practices and guidance from a variety of organizations including Palm Beach Transportation Planning Agency Complete Streets Design Guidelines; FHWA Safe Transportation for Every Pedestrian (STEP) Program; FHWA Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations; Americans with Disabilities Act (ADA) Standards for Accessible Design; FDOT Design Manual; FDOT Manual of Uniform Minimum Standards for Design; Construction and Maintenance (Florida Green Book); FDOT Plans Preparation Manual (PPM); and United States Department of Transportation (USDOT) Manual on Uniform Traffic Control Devices (MUTCD). RM aim OA wrvrrr l!"": ".WWI NJY .610 1 11,011,90,91 All, my iof, 1 7-t- Amo 7, 1 i V ,t 1 e —.4 , j SW 230 A— w� .. I k, Legend lBoynton Neighborhoods Pvymiot Coplate SIdOwah N Figure 21. Proposed Pedestrian 6 .mow Facilities and Percentage of WW,,, , Existing Complete Sidewalk Network. �w�+dmrm�lwpmur� UuwU�rcxrrrveua�w�uo�Y C�xc� Dy iRAInm1my 56 Sidewalk connectivity was analyzed for each neighborhood in the city and categorized based on the approximate percentage of existing sidewalks as shown in Figure 21. To the west of 1-95, most neighborhoods currently have a complete or nearly complete sidewalk network (represented by the lighter shade of green), and a few of the neighborhoods have less than 50 percent of existing sidewalks (represented by the darker shade of green). The greatest need for sidewalks exists east of 1-95 with the majority of the neighborhoods currently with 50 percent or less of existing sidewalks, especially around the primary multimodal mobility hub. This represents a major gap within the city's pedestrian network. Completing the pedestrian network at the neighborhood scale will be very important in order to have a complete and connected pedestrian network. Figure 21 also illustrates the proposed multimodal improvements for trails, pathways, and sidewalks in the Complete Streets Mobility Plan to encourage and support people walking and bicycling. The detail for each improvement, along with the phasing of the improvement, are provided in Appendix A. A larger version of Figure 21 is provided in Appendix B. Page 587 of 849 HypoluxoAd As mentioned previously, the city's bike network currently has significant gaps. Those gaps have been filled with proposed bike facility projects represented by green lines in Figure 22. This will ensure that the bike network is completed and all multimodal mobility hubs and districts will be accessible to residents and visitors who choose to move around on bike. The proposed multimodal improvements for bicycles in the Complete Streets Mobility Plan will encourage and support people walking and bicycling. The detail for each improvement, along with the phasing of the improvement, are provided in Appendix A. A larger version of Figure 22 is also provided in Appendix B. "A Figure 22. Proposed Bike Facilities (AVftadapy 57 Page 588 of 849 61;a The proposed local transit route shown in Figure 23 will service the existing Tri -Rail train station, multimodal mobility hubs and districts, and the future intermodal mobility station that will include passenger rail service in the future. This proposed route is preliminary and is subject to change. The detail for each improvement, along with the phasing of the improvements, are provided in Appendix A. A larger version of Figure 23 is provided in Appendix B. Page 589 of 849 The existing and proposed recreational waterways facilities, including canoe & kayak launch paths and crossings areas as shown in Figure 24 are adopted from the City's Boynton Beach Greenways, Blueways, and Trails Plan. These recreational facilities provide the users with a mobility network through the City's waterways. The network will provide another healthy option for recreation and exercise for the community. A larger version of Figure 24 is provided in Appendix B. Figure 24. Proposed Blueways Facilities 59 Page 590 of 849 "'�IIINn i Valu. ip wim�� w � ���� yo p�u IIIIII Bio .�il�i�� W FYI 1 ��� � � N��w W � w i �i �i , m��� IIIIII iiii�� IIIIII i11 �, IIIIII IIIIII I IIIIII , m��� IIIIII °iiii�� �� �ii�� Many people want to walk, bike, or use transit to commute to destinations, but because of un- safe and uncomfortable gaps within the existing transportation network, they are discouraged from doing so and are instead forced to rely upon a motor vehicle to commute. In order to close these gaps, the Complete Streets Mobility Plan includes proposed multimodal improvements for bike lanes, shared -use paths, and trails within the City. The Connectivity Map shown in Figure 25 illustrates the location of these improvements and paints a picture of the city's vision to create a complete transportation network that allows for the seamless movement of people regardless of the transportation mode they choose. use rrdrri Proposed Paved Trail Figure 25. Mobility Fee Assessment Area 60 Page 591 of 849 Table 11. Bike and Pedestrian Improvement Projects 61 Page 592 of 849 62 Page 593 of 849 63 Page 594 of 849 .§ > ....... . . . . . c�� � The Complete Streets Mobility Plan outlines the City's vision to provide a transportation network that consists of multimodal corridors throughout Boynton Beach. The existing transportation network prioritizes motor vehicle travel over all other modes of transportation. Due to this, the majority of the city's corridors are auto -centric in design. In an effort to change this design trend, roadway cross-sections can be re -designed within the available rights-of- way to transform an auto -focused street into a multimodal street. The graphic illustrations shown on the following pages are examples of how this can be accomplished. The Plan's list of proposed projects (Appendix A) provides details for the types of multimodal improvements and the phasing of those improvements. In addition to the list of improvements, the Plan's maps and representative graphic examples have been prepared to illustrate different types of proposed multimodal improvements on corridors throughout the city. On the following pages, the series of representative images include a photo, aerial, and cross-section of the existing roadway, along with graphic illustrations of the proposed design improvements. The proposed projects include buffered bicyle lanes, shared -use paths, off-street bicycle and pedestrian trails, roadway widening, and on -street parking. All photos and illustrations were developed based on the available right-of-way for each corridor. The illustrations do not represent final designs, but shows a representation of what could be accommodated within the right-of- way. Land use patterns, property ownership, utilities, and buildings will vary along each corridor and impact the final design of any multimodal project. The recommended improvements are also subject to available financial resources, and for roads that are not maintained by the City, are subject to approval by the entity that maintains the roads, such as the Florida Department of Transportation or Palm Beach County. 65 Page 596 of 849 um o a �w� N aiii stii° iiia &Way II\Al iiia IIRo a d 66 Page 597 of 849 67 Page 598 of 849 ............ !� . �W ���� u e v a ai iii dIII'NW 5tIII iii 68 Page 599 of 849 ............... ..� �2�• \.. r .\ 69 Page 600 of 849 Boynton Beach. it'ji, Tr` R' along north and west parCe ` �T� 7�77 .. 71 Page 602 u�plllinW i omi Ave ue 1114 � (1:11"blv (�m� (1:111, C. o s����� At� �i (:Imill aiiii��, iir dW(,:"l �����t (,:ml iiia°° iiii� 1111 CJily 72 Page 603 of 849 73 Page 604 of 849 I! It `4115 lis 'It ��olll e ilium 'It il VIIRoad� 74 Page 605 of 849 75 Page 606 of 849 76 Page 607 of 849 nmomm mr;z �Alt1"Niiii I (� �LFMFNTATIC 77 Page 608 of 849 ��iO /i0io 0//iii 'Oiiiom; %/ % p Ip 'Oiiiom; %/ % 1�aa, ! /, In % � �I % % '/ Oiia, % �O I1 Oiiii/p Oiia, % 1/f�a % :j Oiia, O J% � % � %.. G,,. Oiiiai � % % � Oiiiai � % !miii� % 6� Oiiiai O I / uj j AND� %rr �// � � m�� /curer UPDATES � � /�i� j /� �i�000„ /� � , � /%� %wri�� L %rii/j �. � �„ �i�i� i pile // l% Vii. �. !riiii, "vioif IIIIIIIIIIIII��I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uul BWgrvdatlfl Nle ��� i�uuo@Illl�r ouim lama '�� 111II 1 IPOilltlg6�. NbgiYll� VI ul ui. �� \\11ll� IIPd a ul iM1 ILII �Nbll"Iii"' II u1u 11 'VIIAiubM4q BVI" Ilrcl� I II Illulll Ire�A Illulll � ilu a a IIIIre�A hull 0Nm �„ all uNwrc n �IIII "0� bbblll \ UZI The implementation of this Complete Streets and Mobility Plan will require cooperation and collaboration among many stakeholders on a regular basis. The implementation steps that will take place after this report is completed are as follows: Cou"urlplllete Streets and Ill lloll iillliity Ill plan pprovalll: The plan proposes projects that integrate land use and transportation improvements that provide people with the opportunity to safely, comfortably, and conveniently walk, bicycle, ride transit, drive, or use new technology to move to and from homes, shops, schools and businesses. In addition to identifying existing multimodal oriented developments, the plan delineates multimodal mobility hubs and multimodal mobility districts to identify existing multimodal oriented developments and opportunities for future multimodal oriented developments. It also includes recommendations for establishing a Quality of Service (QOS) standards for people walking, bicycling, and riding transit. Mobility Fee Technical Report Approval: In 2011, the Legislature eliminated state mandated transportation concurrency and made it optional for local governments, with no exemption included in Statutes for Palm Beach County. In 2013, the Legislature encouraged local governments to adopt mobility plans and fees as an alternative to transportation concurrency, proportionate share and road impact fees. This plan provides the necessary legal information to allow the City, once approved, to collect mobility fees. Such mobility fee dollars will then be used to execute the proposed plan improvements as per listed in this report. Update theCity's Comprehensive IPlan and ILand Development Ill ea ullatiions Language will be revised in the City's Comprehensive Plan to allow the ion of uality of Service y =il� IIIIII NN rent Level offServi e (LOS) standards among otherdpoliciess in tphle Transporta- tion ansporta- tion Element, as stated in this Plan as well as the Mobility Fee Technical Re- port. This will provide City staff with an alternative roadway design standard that will measure level of service for all modes of transportation, resulting in meaningful support of multimodal transportation. lirnlli cct cind Site AssessirneiiiU The projects as described in the report will be evaluated for feasibility and further studied to verify the scope of the work prior to programming them into the Capital Improvement Program. all-)iitclll Illiiirnll�auoveiiineiu t s Ill ii€°opiu°ciiirn ( 11H11) : After projects are further analyzed and developed, the projects will be integrated into the City's CIP. The projects will be given priority based on the following criteria: • Available funds (including outside funds such grants) Safety needs • Development readiness Need based including residents' requests and concerns • Budgeting 79 Page 610 of 849 : } / I '�) "ole VIIR oa dl vv a°, III & S ak:111` y i111 l�p oi111 lits 81 Page 612 of 849 82 Page 613 of 849 83 Page 614 of 849 84 Page 615 of 849 THIS PAGE INTENTIONALLY LEFT BLANK 85 Page 616 of 849 : } / 0 Legend m l t vehlole Crashes =3ckty Rounoary 87 Page 618 of 849 -7ledestrian Crashes i 0 . 00 of p, 00 t ' 0 Legend c yrsm'd�'rylr 88 Page 619 of 849 1 F, E:Mp Cit Boundary Page 620 of 849 CRy a aoundm 90 Page 621 of 849 FA Page 622 of 849 92 Page 623 of 849 111111 11 Ah �Illlllq iiiiii IIIIIIIIIIIIIIIII lilliplillill CRY 9mmidmy 93 Page 624 of 849 -xisting Bike Facilities Legend Existing Biryde FaCilftie$ My Boundary 94 Page 625 of 849 95 Page 626 of 849 96 Page 627 of 849 Wner Aid CXd Boynton Ad Legend wocAbright Rd, rJ 40 96 Page 627 of 849 r ! ! '"' Bicycle Facilities 98 Page 629 of 849 Proposed Blueways Faces .. .. .. .......... yp, uxoRd . . . .......... . ............ L a. . ..................................... ........................................ .... . .. .. .. . .... . .. .. .. . .... .... ... ... .... Vy All "" I, E 71- . .... . ..... . 40tJa M w Mrd go :Soy ton Rd P", t 6 z A;Jy 17,1111,11,11,11! an e a chi OceanVVVVVV, o gl Ln .. . .......... to > iL Wqcwri ght R d Ji SW'23rd AV a tmm F r . ..... . ... z, �J ... ... . . ...... . 41 rk 43, U , 4� z Legend Canoo & kayak launch Mi Pruposed WuAways CrOWIngs, City Boundary Waler SOMOS Page 630 of 849 : } / I Oty of Boynton Beach oral lllete Street & I elll iillliit Policy "Complete Streets" means a transportation philosophy that calls for streets to be constructed and operated in a way that allows safe, equitable and convenient access along and across streets for all users. Complete Streets are planned, designed, constructed, operated, and maintained to safely and comfortably accommodate people of all ages and abilities, including pedestrians, cyclists, transit users, motorists, persons with disabilities, emergency responders, seniors, youth, families, as well as freight and service operators. A Complete Streets approach to design helps to create walkable, livable and vibrant communities, which attract and retain businesses and residents, and provide multimodal options to safely commute to employment centers, schools, beaches, parks, shopping centers and other destinations within Boynton Beach. Benefits include reducing vehicle miles traveled with attendant lower fuel consumption and green gas emissions while increasing active and sustainable transportation choices such as walking, biking, and public transportation. Ultimately, the Complete Street approach will help ease traffic congestion, lower pollution and improve individual health by providing more opportunities for physical activity. The City of Boynton Beach shall construct and operate a comprehensive Complete Streets transportation system that enables safe access, mobility, economic development, attractive public spaces, health, and well-being for all people. This Complete Streets policy recognizes that depending on context, streets may serve diverse activities, functions, and intensity of uses. VISION Illli IlEli Implementation of the Complete Streets transportation system is an important strategic initiative of the Boynton Beach Strategic Plan. This policy will encourage the use of non -motorized modes of transportation and contribute directly to the health, safety, economic vitality, environment, and quality of life in Boynton Beach. Through the implementation of this Complete Streets Policy, the City of Boynton Beach will consistently plan, design, construct, operate and maintain appropriate transportation facilities that are safe, reliable, efficient, convenient, connected, and that enable secure and comfortable access and mobility for users of all ages, abilities, income levels and transportation modes. This Complete Streets policy shall direct the City of Boynton Beach's decision -makers to consider all transportation system users when making decisions regarding transportation and land use planning. Complete Streets prioritizes safe access for vulnerable users as well as underinvested and underserved communities by fostering social equity through improved access to jobs, healthcare and other community amenities. The City of Boynton Beach adopted a Vision Zero policy in February 2020. This policy further commits staff to working towards the goal of eliminating traffic fatalities and severe injuries on all roads within the City. Through this policy, Boynton Beach's transportation network will gradually transform from being disproportionately automobile -centric to a network that supports all modes of transportation by equitably investing in transportation infrastructure that benefits all residents and visitors. Complete Streets projects shall take into consideration the surrounding area's characteristics, community values, needs of its users, and cost feasibility. 101 Page 632 of 849 This Transportation System may be achieved through projects that fully implement Complete Streets or projects that incrementally implement Complete Streets through a series of smaller improvements over time. III,,,, 1. Safety and Convenience for All Transportation Users Create a transportation system that is designed and operated in ways that ensure the safety, comfort, access, and convenience for all users of all ages and abilities, including pedestrians, bicyclists, public transit users and operators, emergency responders, transporters of commercial goods, motor vehicles, and freight providers therefore decreasing the potential of vehicular, bicycle, and pedestrian -related crashes. 2. Connected Facilities that Accommodate All Travel Modes Create an inviting transportation system that includes an integrated, safe, reliable, comfortable, and efficient network of fully connected multimodal facilities which accommodates access to all modes of travel. 3. Increase Walking, Bicycling, and Public Transit Create a transportation system that encourages walking, bicycling and public transit by providing a variety of safe and convenient walking and bicycling options. 4. Economic Development Create a transportation system that promotes economic development that will benefit from and contribute to a more connected and livable community, and supports redevelopment of and connectivity to activity centers. 5. Vision Zero Equity & Data Drive Approach Create a transportation system that views road safety as a social equity issue and recognizes that the concentration of traffic safety problems results from under -investment in certain communities, and to the greatest extent possible, ensures equity by actively pursuing the elimination of health, economic and access disparities. The City's goal is to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, equitable mobility for all. 6. Community Health & Sustainability Create a transportation system that advances the Boynton Beach Climate Action Plan through reducing automobile dependency by transforming the city into a community where people walk, bike, take transit or carpool for increasing portion of overall trips, and improves environmental and community health (i.e. reduce fossil fuel consumption & greenhouse gas emissions; decrease air and noise pollution; improve air quality; encourage social interaction and physical activity; preserve the natural environment; etc.). IIIIIII,1ICA11311,,, 1ITY Except as otherwise stated below, this policy applies to all project phases undertaken by or under the authority of or subject to the supervision of the City of Boynton Beach, for the improvement of any street and public right of way (ROW), including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit and operation. Accommodations for all modes of transportation to safely use the roadway shall be considered during construction or repair work. If a project is within or connects to Boynton Beach and is owned by another entity, the City's 102 Page 633 of 849 Engineering and Planning and Zoning divisions shall work with the ROW owner, Florida Department of Transportation (FDOT), Palm Beach County, and the Palm Beach Transportation Planning Agency (TPA), as appropriate, to advance Complete Streets improvements. In addition, the Complete Streets policy requires the City's Planning & Zoning Department staff to evaluate new development and redevelopment projects. Staff may require connected pedestrian and bicycle access; ADA compliant facilities within the development; and facilities that connect to and from the surrounding transportation systems. The City of Boynton Beach will approach every planned project as an opportunity to create a safer and more accessible transportation system for all users. EXCEPTIONS The City of Boynton Beach commits to applying a Complete Streets approach at the beginning of all transportation and roadway improvement projects. Each project shall be viewed as an opportunity to improve accessibility of the right of way for its users. However, the City acknowledges that there are conditions where it may be inappropriate to provide bicycle, pedestrian, and transit facilities. These exceptions include: A. LIMITED -ACCESS ROADS This policy does not apply to limited access facilities where bicyclists and pedestrians are prohibited by law. In this instance, it is necessary to accommodate bicyclists and pedestrians through a parallel facility and to provide safe, comfortable crossings for bicyclists and pedestrians at interchanges that connect neighborhoods, activity centers, or regional trail network. B. PREVENTATIVE MAINTENANCE This policy does not apply to routine maintenance, such as mowing, cleaning, sweeping, pothole filling, concrete joint repair, and other regular or seasonal maintenance. C. EXISTING PROJECTS This policy does not apply to projects that have been submitted and are currently under review by the Planning and Zoning Division or have an approved development order prior to the effective date of this policy. III..... AND IIS AND CONTEXT11E I III III III Complete Streets implementation should be sensitive to the community's physical, economic, and social setting. A context -sensitive approach to process and design gives significant consideration to stakeholder and community values; therefore, Complete Streets improvements will not necessarily be identical in all environments, communities, or development contexts. The overall goal of this approach is to preserve and enhance scenic, aesthetic, historical, and environmental resources while improving or maintaining safety, mobility, and appropriate infrastructure conditions. The City of Boynton Beach shall refer to the Boynton Beach Complete Streets and Mobility Plan, Palm Beach TPA's Complete Streets Design Guidelines, and the FDOT's Design Manual's and Complete Streets Context Classification when determining Complete Streets improvements for transportation projects. The City will also consider the surrounding community's current and expected land use and transportation needs and collect community input to best fit the community's desires while taking into account the connectivity of the transportation system as a whole for all modes and users. The City will strive to overcome barriers to engagement associated with race, income, age, disability, 103 Page 634 of 849 English language proficiency, and vehicle access of populations affected by a project, including identifying a means of measuring success in overcoming these barriers. The City may require new or revised land use policies, plans, and zoning ordinances to specify how transportation projects will serve current and future land use needs. Such revisions shall include language that requires the consideration of the community context as a factor in decision-making, as well as specifying the need to understand and mitigate unintended consequences of projects or plans, such as involuntary displacement. IIC, IIE III .� I Transportation projects and maintenance activities shall be: • Suitable and appropriate to the function and context of the transportation facility; • Sensitive to the neighborhood context and cognizant of the neighborhood needs; • Flexible in project design to ensure that all users have safe access and use; • Considered a component of a comprehensive, integrated and interconnected transportation network that allows all users to choose between different modes of travel; and • Consistent and compatible with the Boynton Beach Greenways, Blueways, and Trails Plan, and the City of Boynton Beach Comprehensive Plan. Facilities shall be designed and constructed in accordance with current applicable laws and regulations, using best practices and guidance from a variety of organizations absent conflict with this Complete Streets policy. Best Practices may include, but are not limited to the latest edition of the following: • Palm Beach Transportation Planning Agency Complete Streets Design Guidelines • The American Association of State Highway and Transportation Officials (AASHTO) Guide for Planning, Design and Operation of Pedestrian Facilities • ASHTO Guide for the Development Of Bicycle Facilities • Federal Highway Administration (FHWA) Separated Bike Lane Planning and Design Guide • FHWA Achieving Multimodal Networks: Applying Design Flexibility & Reducing Conflicts • FHWA Incorporating On -Road Bicycle Networks into Resurfacing Projects Report • Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach • National Association of City Transportation Officials (NACTO) Global Street Design Guide, Urban Streets Design Guide, Urban Bikeway Design Guide, Transit Street Design Guide, Urban Street Stormwater Guide • National Cooperative Highway Research Program, Report 616, Multi -Modal Level Of Service Analysis For Urban Streets • FHWA Safe Transportation for every pedestrian (STEP) Program • FHWA Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations Design standards required for State or federally funded projects will supersede local requirements if there is an actual conflict between the local and State or Federal standards and if funding will be impacted by adherence to the local standard. Design Standards include, but are not limited to latest edition of the following: • Americans with Disabilities Act (ADA) Standards for Accessible Design • AASHTO A Policy on Geometric Design of Highways and Streets (AASHTO Green Book) • FDOT Design Manual • FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance (Florida Green Book) • FDOT Plans Preparation Manual (PPM) • United States Department of Transportation (USDOT) Manual on Uniform Traffic Control Devices 104 Page 635 of 849 PROJECT 11PIR1011RITIZATIOIN GIRITIBIRIA The City of Boynton Beach shall develop scoring criteria to rank and prioritize Complete Streets projects for implementation. Projects selected may be submitted to the Palm Beach TPA Trans- portation Alternatives Program (TA) or Local Initiatives (LI) Program for funding or integrated into the City's Capital Improvement Program. VIII II III,,,, 11EIMENTATIOIN STEPS The implementation of Complete Streets will require cooperation and collaboration between many stakeholders on a regular basis. The City of Boynton Beach will take the following steps to facilitate the process: • The City shall restructure or revise related procedures, plans, regulations or processes to ac- commodate the goals of this policy on all applicable projects. This may include incorporating Complete Streets checklists or other tools into decision making processes. • The Planning and Zoning Division shall review and propose revisions to all appropriate land use ordinances, policies and regulations to support the implementation of Complete Streets. • The Planning and Zoning Division shall coordinate the development of a new bicycle and pedestrian plan and adopt a new complete streets implementation plan that will include the City's multimodal plan and classification of roadways. • The Planning and Zoning Division and Public Works/Engineering Departments shall review, re- vise or recommend changes to all policies, procedures and design standards associated with site plan and other requirements for public and private development to ensure best practices are utilized to support Complete Streets. • The City shall review all street design policies and guides to ensure that they reflect the current state of best practices in transportation design. • The City shall continue to identify local, state and federal funds to implement Complete Streets Improvements to supplement the City's Capital Improvement Program. This will require a con- tinued partnership and coordination with Palm Beach TPA, FDOT and Palm Beach County. • The City shall promote collaboration and coordination between the City's departments and other transportation and planning agencies, including the Florida Department of Transporta- tion, Palm Beach County, Palm Tran, and South Florida Regional Transportation Authority. • The Public Works/Engineering Department shall establish necessary procedures to ensure Complete Streets principles are incorporated at the earliest stage of design. • The Public Works/Engineering Department shall integrate Vision Zero activities in the City's on- going program and services focused on improving and promoting multi -modal transportation. • The Public Works/Engineering Department shall collect and analyze data to understand trends in traffic fatalities and serious injuries in the City. The department shall also identify high need areas and to develop projects that ensure such improvements are implemented. • The City may offer a variety of Complete Streets outreach materials and meetings for the gen- eral public and community leaders to ensure information on Complete Streets is accessible. City staff shall also seek professional development in the area of Complete Streets through attending various professional training opportunities offered locally and nationally. • The City shall actively promote public information and education that considers equity by targeting advocacy organizations and underrepresented communities which could include non-native English speakers, people with disabilities, etc. depending on the local context. 105 Page 636 of 849 IIRIBIRIFOIR11MAINGIE IMEASUIRIIES The implementation of Complete Streets will require regular evaluation to determine progress and effectiveness. The City's Public Works/ Engineering Department will be responsible for track- ing and analyzing the performance measures listed below. Using a GIS database, the performance measures that may be evaluated include, but are not limited, to the following: • Miles of bicycle lanes, routes, or trails built / dedicated by width and type • Number of bicycle parking facilities installed • Number of bus shelter and benches added within the City • Number of traffic calming facilities built / installed • Linear feet of pedestrian accommodations built or repaired • Number of crosswalks built or improved • Number of ADA accommodations built / installed • Number of street trees planted • Number of exceptions approved • Bicycle and pedestrian crash data involving serious injuries and fatalities • Total dollar amount spent on Complete Streets improvements • Number of Complete Streets improvements and initiatives implemented within the boundaries of the City's Community Redevelopment Agency. • Number of commuters who drove a car, truck or van • Percentage of commuters who drove alone • Number of people who bike to work 106 Page 637 of 849 THIS PAGE INTENTIONALLY LEFT BLANK 107 Page 638 of 849 Page 639 Mv 7, 100,111 k"9 4 t October 2021 Prepared for: Prepared by: LAND USE • MOBILITY - PARKING - FEES T f����r�NN% B A X IV,�r o', n rt % 1 . 19:141 80 1 Zffioma42019MI OCTOBER 2021 Produced for: City of Boynton Beach Produced by: Jonathan B. Paul, AICP Principal NUE Urban Concepts, LLC 2579 SW 87th Drive, Suite 101 Gainesville, FL 32608 E:�C�C�►I�JC�:�E:�l nueurbanconcepts@gmail.com www.nueurbanconcepts.com Rebecca Travis, PE, ENV SP Executive Vice President FL Division Manager Baxter Woodman 477 S. Rosemary Avenue #330 West Palm Beach, FL 33401 815-459-1260 rtravis@baxterwoodman.com www.baxterwoodman.com 111N T 06IN i xsy it///////i LAND USE ® MOBILITY • PARKING • FEES �1���`lrrll� IB` E,, �l� O BI rpt � dItj ir, su r°ra @2021 NUE Urban Concepts, LLC. All rights reserved. This material may not be reproduced, displayed, modified or distributed without the express prior written permission of the copyright holder. For permission, send written request to NUE Urban Concepts, LLC 2579 SW 87t' Drive, Suite 101 Gainesville, FL 32608 or email nueurbanconcepts@gmail.com. This work may be reproduced, in whole or in part, without prior written permission, solely by City of Boynton Beach; provided all copies contain the following statement: "© 2021 NUE Urban Concepts, LLC. This work is reproduced with the permission of NUE Urban Concepts. No other use is permitted without the express prior written permission of NUE Urban Concepts, LLC. For permission, send written request to NUE Urban Concepts, LLC 2579 SW 87th Drive, Suite 101 Gainesville, FL 32608 or email nueurbanconcepts@gmail.com." Page 641 of 849 NUE URBAN CONCEPTS LAND USE - MOBILITY • PARKING - FEES October 5th, 2021 Mr. Gary R. Dunmyer, P.E., MBA, GC Interim Director of Public Works and Engineering City of Boynton Beach 222 NE 91h Avenue Boynton Beach, FL 33435 NUE URBAN CONCEPTS, LLC 2579 SW 87th Drive, Suite 101 Gainesville, FL 32608 833 -NUC -8484 nueurbanconcepts@gmail.com Re: City of Boynton Beach Complete Streets Mobility Plan & Mobility Fee Technical Report Dear Mr. Dunmyer: Enclosed is the draft technical report for the City of Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. This Draft Technical Report has been prepared to facilitate feedback and review from community stakeholders, development interest, engaged residents, governmental entities and the City of Boynton Beach City Commission. This is a final draft; the City Commission has not taken any formal action to adopt the Mobility Plan or Mobility Fee. Once feedback is received, any updates or changes will be coordinated with City Staff and a final technical report will be prepared for consideration by the City Commission. Florida Statute does require that a Mobility Fee be based on the most recent and localized data. To ensure statutory consistency, an Implementing Mobility Fee Ordinance will need to be developed. The Mobility Fee is based upon the multimodal projects included in the Complete Streets Mobility Plan. Within one year of adoption, the City shall update its Comprehensive Plan to reflect the adopted Complete Streets Mobility Plan and Mobility Fee to ensure internal consistency and Statutory compliance. The Mobility Fee is consistent with all legal and statutory requirements and meets the dual rational nexus test and the rough proportionality test. The Mobility Fee is a departure from the County's existing road impact fee. The Mobility Fee recognizes the importance of small local business and "mom and pop" retail uses and does not charge a higher fee than larger chain uses, which is how the County's current road impact fee is structured. It is also recommended that the City consider adoption of an inflation index factor to adjust the fee on an annual basis to keep pace with rising construction and land cost. I look forward to continuing working with City Staff on outreach efforts and finalizing the Complete Streets Mobility Plan and Mobility Fee. Sincerely, 6�- Rzi Jonathan B. Paul, AICP Principal www.nuourbanconcepts.com Page 642 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` 9; COT 7 n W Executive Summary 3 Legislative Background Figure 2. Impact Fee & Mobility Fee Comparison 11 Legal 1 County Charter 23 Comprehensive Plan 27 Developing Complete Street Mobility Plan & Fee 30 Complete Street Mobility Plan 31 Mobility Fee 37 Existing Conditions Evaluation (ECE) 38 Growth Figure 8. Vehicle Miles of Travel (V T) 40 Person Miles of Travel (PMT) 41 Multimodal Capacity 42 Complete Streets Mobility Plan Projects 45 Funding 47 New ro Evaluation ( ) 49 Person Miles of Travel (PMT) Rate 50 Mobility Fee Assessment Areas 51 Person Travel Demand per Use (T u) 52 Mobility Fee Schedule 55 Mobility Fee Calculations 6 Mobility Fee Comparison 61 Mobility Fee Benefit District6 Definitions 6 Conclusion 71 Figure 1. Concurrency Cycle 10 Figure 2. Developing a Complete Street Mobility Plan and Fee 30 Figure 3. Moving People Providing Choices 31 Figure 4. Speed of Travel 32 Figure 5. Street Quality of Service (QOS) Standards 33 Figure 6. Bicycling & Walking Quality of Service (QOS) Standards 34 Figure 7. Bicycling & Micromobility Quality of Service (QOS) Standards 35 Figure 8. Transit Quality of Service (QOS) Standards 36 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 1 Page 643 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Figure 9. Complete Streets Mobility Plan and Mobility Fee 37 Figure 10. Person Miles of Travel (PMT) Increase 41 Figure 11. New Growth Evaluation (NGE) 48 Figure 12. Person Miles of Travel Rate (PMTr) 50 Figure 13. Person Travel Demand per Use (PTDu) 52 Figure 14. Mobility Fee Calculation 55 Figure 15. Mobility Fee Schedule Components 56 Tables Appendix K. Comparison of Roads Impact Fee to Mobility Fee Table 1. Existing Conditions Evaluation (ECE) 38 Table 2. Projected Growth 39 Table 3. Growth in Vehicle Miles of Travel (VMT) 40 Table 4. increase in Person Miles of Travel (PMT) 41 Table 5. Road Capacities 42 Table 6. Multimodal Capacities 44 Table 7. Summary of Multimodal Projects 46 Table 8. Anticipated Available Funding 48 Table 9. New Growth Evaluation (NGE) 49 Table 10. Person Miles of Travel Rate (PMTr) 50 Table 11. Limited Access Evaluation (LAE) 54 Table 12. Mobility Fee Schedule 58 Maps Map A. 2045 Long Range Transportation Plan Cost Affordable Roads Plan Map B. Mobility Fee Assessment Area Appendices Appendix A. Florida Department of Economic Opportunity (DEO) Mobility Guidance Appendix B. 2045 Long Range Transportation Plan Cost Affordable Roads Appendix C. Existing Conditions Evaluation (ECE) Street Quality of Service (QOS) Appendix D. Traffic Analysis Zones Appendix E. Regional Travel Demand Network Appendix F. 2017 National Household Travel Survey Data Appendix G. FDOT Generalized Daily Service Volumes Appendix H. Complete Streets Mobility Plan Projects Appendix I. Trip Generation Appendix J. Person Travel Demand Appendix K. Comparison of Roads Impact Fee to Mobility Fee Appendix L. Mobility Fee Benefit District 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 2 Page 644 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` In 1985, the Florida Legislature passed the Growth Management Act that required all local governments in Florida adopt Comprehensive Plans to guide future development and mandated that adequate public facilities be provided "concurrent" with the impacts of new development. Transportation concurrency became the measure used by local governments to ensure that adequate public facilities, in the form of road capacity, was available to meet the transportation demands from new development. By 1993, the Florida Legislature recognized an unintended consequence of transportation concurrency is that it essentially stopped development in urban areas where road capacity was constrained and pushed development to suburban and rural areas where road capacity was either available or was cheaper to construct. The City of Boynton Beach amended its Comprehensive Plan in 2004 to establish a Transportation Concurrency Exception Area (TCEA) within the area around downtown to address the impact transportation concurrency has on limiting development. In 2007, the Legislature introduced the concept of mobility plans and mobility fees as a replacement of transportation concurrency, proportionate share, and road impact fees. In 2011, the Legislature eliminated state mandated transportation concurrency and made it optional for "any local government". In 2013, the Legislature encouraged "local governments", defined equally in Florida Statute as "counties and municipalities", to adopt alternative mobility funding systems, such as mobility fees based on a plan of improvements, as an alternative to transportation concurrency, proportionate share, and road impact fees. In 2019, the City amended its Comprehensive Plan to establish the legislative intent to develop a mobility plan and mobility fee as a potential replacement of its TCEA policies, transportation concurrency, proportionate share, roadway level of service (LOS) standards and road impact fees. The City has developed a Complete Streets Mobility Plan that includes multimodal projects for sidewalks, paths, trails, bike lanes, intersections, roads, and planning for future Tri -Rail Coastal service. This Technical Report documents the methodology used to develop a Mobility Fee, based on the Complete Streets Mobility Plan, that will allow new development and redevelopment, within portions of the City that are located east of the Mall and Congress Avenue, to equitably mitigate its transportation impact through payment of the Mobility Fee to the City. The Mobility Fee is intended to replace the City's TCEA, transportation concurrency, proportionate share and serve as an alternative to collection of the Palm Beach County road impact fee from development within the City's Mobility Fee Assessment Area. This Technical Report demonstrates that the Complete Streets Mobility Plan and Mobility Fee meet the dual rational nexus test, rough proportionality test, and the requirements of Florida Statute Sections 163.3180 and 163.31801. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 3 Page 645 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The State of Florida passed the Growth Management Act of 1985 that required all local governments in Florida to adopt Comprehensive Plans to guide future development. The Act mandated that adequate public facilities must be provided "concurrent" with the impacts of new development. State mandated "concurrency" was adopted to ensure the health, safety, and general welfare of the public by ensuring that adequate public facilities would be in place to accommodate the demand for public facilities created by new development. Transportation concurrency became the measure used by the Florida Department of Community Affairs (DCA), Florida Department of Transportation (FDOT), Regional Planning Councils (RPCs), and local governments to ensure that adequate public facilities, in the form of road capacity, was available to meet the transportation demands from new development. To meet the travel demand impacts of new development and be deemed "concurrent", transportation concurrency was primarily addressed by constructing new roads and widening existing roads. Traditional transportation concurrency allowed governmental entities to deny development where road capacity was not available to meet the travel demands from new development. Transportation concurrency also allowed governmental entities to require that developments be timed or phased concurrent with the addition of new road capacity. In addition, transportation concurrency also allowed governmental entities to require new development to improve (widen) roads that were already overcapacity (aka "deficient" or "backlogged'). In urban areas throughout Florida, traditional transportation concurrency had the unintended consequence of limiting and often stopping growth in urban areas (aka cities). This occurred because roads were often over capacity based on traffic already on the roads or the combination of that traffic and trips from approved developments. Further, the ability to add road capacity in urban areas was more limited as right-of-way was often constrained by existing development and utilities, physical barriers, environmental protections, and community opposition from homeowners worried about increases in traffic and the impact adding road capacity would have on their homes. Stopping development in urban areas encouraged suburban sprawl by forcing new development to suburban and rural areas where road capacity was either readily available or cheaper to construct. In the late 90's, as the unintended impact of transportation concurrency became more apparent, the Legislature adopted Statutes to provide urban areas with alternatives to address the impact of new development through Transportation Concurrency Exception Areas (TCEA) and Transportation Concurrency Management Areas (TCMA). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 4 Page 646 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The intent of TCEAs and TCMAs was to allow local governments alternative solutions to provide mobility within urban areas by means other than providing road capacity and to allow infill and redevelopment in those areas. In the mid 2000's, Florida experienced phenomenal growth that strained the ability of local governments to provide the necessary infrastructure to accommodate that growth. Many communities across the State started to deny new developments, substantially raise impact fees, and require significant transportation capacity improvements. In 2005, the Legislature enacted several laws that weakened the ability of local governments to implement transportation concurrency by allowing new development, that was not a development of regional impact (DRI), to make proportionate share payments to mitigate its travel demand. Prior to 2005, only DRIB were permitted to mitigate their impact through proportionate share payments. The Legislature also introduced Multi -Modal Transportation Districts (MMTD) for areas that did not meet requirements to qualify forTCEAs orTCMAs. In 2007, the Florida Legislature introduced the concept of mobility plans and mobility fees to allow development to equitably mitigate its impact and placed additional restrictions on the ability of local governments to charge new development for over capacity roadways. The Legislature directed the Florida Department of Community Affairs (DCA) and the Florida Department of Transportation (FDOT) to evaluate mobility plans and mobility fees and report the finding to the Legislature in 2009. In 2009, the Legislature designated Dense Urban Land Areas (DULA), which are communities with a population greater than 1,000 persons per square mile, as TCEA's. The Legislature accepted the findings of the DCA and FDOT analysis for mobility plans and mobility fees but did not take any formal action as the State was in the midst of the great recession. The Legislature also placed further restrictions on local government's ability to implement transportation concurrency, by adding direction on how to calculate proportionate share and how overcapacity road are addressed. In 2011, the Florida Legislature through House Bill (HB) 7207 adopted the "Community Planning Act" which implemented the most substantial changes to Florida's growth management laws since the 1985 "Local Government Comprehensive Planning and Land Development Regulation Act," which had guided comprehensive planning in Florida for decades. The 2011 legislative session eliminated State mandated concurrency, made concurrency optional for local governments, and eliminated the Florida Department of Community Affairs (DCA) and replaced it with the Florida Department of Economic Opportunity (DEO). The Act essentially removed the DEO, Florida Department of Transportation (FDOT), and Regional Planning Councils (RPC) from the transportation concurrency review process. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 5 Page 647 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Although local governments are still required to adopt and implement a comprehensive plan, the requirements changed significantly and shifted more discretion to local governments to plan for mobility within their community and enacted further restrictions on the implementation of transportation concurrency, proportionate share, and backlogged roads. The Florida Legislature did not include any provisions in House Bill 7207 exempting local governments existing transportation concurrency system, when it elected to abolish statewide transportation concurrency, made transportation concurrency optional for local governments, and enacted further restrictions on the implementation of transportation concurrency. Florida Statute Section 163.3180(1) provides local governments with flexibility to establish concurrency requirements: "Sanitary sewer, solid waste, drainage, and potable water are the only public facilities and services subject to the concurrency requirement on a statewide basis. Additional public facilities and services may not be made subject to concurrency on a statewide basis without approval by the Legislature; however, any local government may extend the concurrency requirement so that it applies to additional public facilities within its jurisdiction". House Bill 319, passed by the Florida Legislature in 2013, amended the Community Planning Act and brought about more changes in how local governments could implement transportation concurrency and further recognized the ability of local governments to adopt alternative mobility funding system, such as mobility fees based on a plan of improvements, to allow development, consistent with an adopted Comprehensive Plan, to equitably mitigate its travel demand impact. Florida Statute Section 163.3180(5)(i) states: "If a local government elects to repeal transportation concurrency, it is encouraged to adopt an alternative mobility funding system that uses one or more of the tools and techniques identified in paragraph (f). Any alternative mobility funding system adopted may not be used to deny, time, or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development's identified transportation impacts via the funding mechanism implemented by the local government. The revenue from the funding mechanism used in the alternative system must be used to implement the needs of the local government's plan which serves as the basis for the fee imposed. A mobility fee-based funding system must comply with the dual rational nexus test applicable to impact fees. An alternative system that is not mobility fee-based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in paragraph (h)." 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 6 Page 648 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Florida Statute Section 163.3164(29) very clearly defines a local government as: "any county or municipality". If the Legislature had intended for a County or Charter County to be exempt from provisions of the Community Planning Act or to have authority over a municipality as it relates to transportation concurrency, impact fees, or mobility fees, it would have either included specific references or defined city and county separately, not cohesively as a 'local government." The Community Planning Act did not elect to "grandfather" any local governments existing transportation concurrency system and did not place restrictions on any local government from repealing transportation concurrency or adopting an alternative mobility funding system in either House Bill 7207 adopted in 2011 or House Bill 319 adopted in 2013. After 20 years of amending Florida Statute Section 163.3180 (roughly every two (2) years over a 20 -year period between 1993 and 2013) the Legislature was fully aware that local governments through -out Florida implemented alternatives to transportation concurrency and elected not to provide any exemptions in 2013 to preempt Florida Statute Section 163.3180, like it did in 2009. In 2009, the Legislature enacted statutory provisions in Florida Statute Section 163.3180 (5)(b)5. that exempted Broward County and Florida Statute Section 163.3180 (5)(b)6. that exempted Miami Dade County from specific statutory requirements related to transportation concurrency exception area requirements. Those exemptions were repealed as part of the 2011 Community Planning Act that made concurrency optional and eliminated statutory provisions related to dense urban land areas (DULAs), long term transportation concurrency management areas (TCMAs), multimodal transportation districts (MMTDs), and transportation concurrency exception areas (TCEAs). The Legislature clearly had established prior precedent in exempting certain local governments from requirements under Florida Statute Section 163.3180 and elected not to do so in 2011 and 2013. Prior to the passage of the Florida Community Planning Act by the Legislature on June 2, 2011, transportation concurrency was mandatory for local governments statewide, except those with approved TCEAs or MMTDs. After adoption of the Community Planning Act, transportation concurrency became optional for any local government and the Legislature encouraged local governmentsto adopt alternative mobilityfunding systems and specifically references mobilityfees, based on a plan for mobility improvements. Accordingly, the Florida Department of Economic Opportunity (DEO), which replaced the Department of Community Affairs, provides the following direction related to elimination of transportation concurrency and adoption of a mobility fee-based plan, in accordance with Florida Statute 163.3180: 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 7 Page 649 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` "Transportation Concurrency In accordance with the Community Planning Act, local governments may establish a system that assesses landowners the costs of maintaining specified levels of service for components of the local government's transportation system when the projected impacts of their development would adversely impact the system. This system, known as a concurrency management system, must be based on the local government's comprehensive plan. Specifically, the local government comprehensive plan must provide the principles, guidelines, standards, and strategies, including adopted levels of service, to guide the application of its transportation concurrency management system. Prior to June 2, 2011, transportation concurrency was mandatory for local governments. Now that transportation concurrency is optional, if a local government chooses, it may eliminate the transportation concurrency provisions from its comprehensive plan and is encouraged to adopt a mobility fee based plan in its place (see below). Adoption of a mobility fee based plan must be accomplished by a plan amendment that follows the Expedited State Review Process. A plan amendment to eliminate transportation concurrency is not subject to state review. It is important to point out that whether or not a local government chooses to use a transportation concurrency system, it is required to retain level of service standards for its roadways for purposes of capital improvement planning. The standards must be appropriate and based on professionally accepted studies, and the capital improvements that are necessary to meet the adopted levels of service standards must be included in the five-year schedule of capital improvements. Additionally, all local governments, whether implementing transportation concurrency or not, must adhere to the transportation planning requirements of section 163.3177(6)(b), Florida Statutes. Mobility Fee Based Plans If a local government elects to repeal transportation concurrency, it is encouraged to adopt an alternative mobility funding system that uses one or more of the tools and techniques identified in section 163.3180(5)(f), Florida Statutes: Adoption of long-term strategies to facilitate development patterns that support multimodal solutions, including urban design, appropriate land use mixes, intensity and density. Adoption of an area wide level of service not dependent on any single road segment function. Exempting or discounting impacts of locally desired development. Assigning secondary priority to vehicle mobility and primary priority to ensuring a safe, comfortable, and attractive pedestrian environment with convenient interconnection to transit. Establishing multimodal level of service standards that rely primarily on non -vehicular modes of transportation where existing or planned community design will provide adequate a level of mobility. Reducing impact fees or local access fees to promote development within urban areas, multimodal transportation districts, and a balance of mixed-use development in certain areas or districts, or for affordable or workforce housing." (Appendix A) 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 8 Page 650 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The Community Planning Act also includes specific requirements for any local government that elects to maintain transportation concurrency. These requirements are to be addressed in the local governments comprehensive plan and capital improvements required to meet adopted level of service standards are required to be included in the capital improvements element five (5) year schedule of improvements. The Legislature also clarified in the Community Planning Act that any backlogged facility is the responsibility of local governments; new development shall not be charged for backlog, and that new developments can assume any backlogged facility will be addressed by local governments when calculating its proportionate share mitigation. This essentially means it is the local governments responsibility to fund improvements to deficient transportation facilities. Florida Statute Section 163.3180(5)(d): "The premise of concurrency is that the public facilities will be provided in order to achieve and maintain the adopted level of service standard. A comprehensive plan that imposes transportation concurrency shall contain appropriate amendments to the capital improvements element of the comprehensive plan, consistent with the requirements of s. 163.3177(3). The capital improvements element shall identify facilities necessary to meet adopted levels of service during a 5 -year period." The Community Planning Act recognized that impact fees, mobility fees, and other transportation concurrency mitigation requirements are equivalent forms of transportation mitigation by requiring that dollar -for -dollar credit shall be provided where a local government requires a development to make a proportionate share improvement or payment per Florida Statute Section 163.3180 (5)(h)2.e. that states: "The applicant shall receive a credit on a dollar -for -dollar basis for Impact fees, mobility fees, and other transportation concurrency mltWat►on requirements paid or payable in the future for the project. The credit shall be reduced up to 20 percent by the percentage share that the project's traffic represents of the added capacity of the selected improvement, or by the amount specified by local ordinance, whichever yields the greater credit." (emphasis added) In 2019, the Florida Legislature, through House Bill 7103, amended the Community Planning Act and required mobility fees to be governed by the same procedures as impact fees. This amendment further confirmed that mobility fees are an equivalent form of mitigation to impact fees that allow development to mitigate its impact to the transportation system consistent with the needs identified in the local governments adopted mobility plan per Florida Statute Section 163.3180(5)(i): 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 9 Page 651 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` "If a local government elects to repeal transportation concurrency, it is encouraged to adopt an alternative mobility funding system that uses one or more of the tools and techniques identified in paragraph (f). Any alternative mobility funding system adopted may not be used to deny, time, or phase an application for site plan approval, plat approval, final subdivision approval, building permits, or the functional equivalent of such approvals provided that the developer agrees to pay for the development's identified transportation impacts via the funding mechanism implemented by the local government. The revenue from the funding mechanism used in the alternative system must be used to implement the needs of the local government's plan which serves as the basis for the fee imposed. A mobility fee-based funding system must comply with s. 163.31801 governing impact fees. An alternative system that is not mobility fee-based shall not be applied in a manner that imposes upon new development any responsibility for funding an existing transportation deficiency as defined in paragraph (h)." (emphasis added) The elimination of state mandated transportation concurrency was the culmination of 20 years of amendments to Florida Statute Section 163.3180 and a recognition that governments cannot build their way out of congestion. The allowance to adopt alternative mobility funding systems was a recognition of the need for government to proactively plan for mobility, instead of reactively regulate road capacity (Figure 1). Further, Florida Statute defines "local governments" as both "counties and municipalities" and did not provide counties any preemptions over cities or grandfather in any county transportation Figure 1. Concurrency Cycle concurrency, proportionate share, or impact fee system. In addition, the Legislature did not make mobility fees a subservient form of mitigation like proportionate share. The Legislature recognized impact fees, mobility fees, and other mitigation as equal options in both the requirement to provide credits for proportionate share payments and improvements, and as alternatives mobility funding systems to replace transportation concurrency and proportionate share systems under Florida Statute Section 163.3180. AT:• •,. ; 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 10 Page 652 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` MOT The Florida Constitution grants local governments broad home rule authority to establish special assessments, impact fees, mobility fees, franchise fees, user fees, and service charges as revenue sources to fund specific governmental functions and capital infrastructure. Payment of impact fees or mobilityfees are one of the primary ways local governments can require new development, along with redevelopment or expansion of existing land uses which generates additional transportation demand, to mitigate its impact to a local governments transportation system. While road impact fees and mobility fees are both intended to be means in which a development can mitigate its transportation impact, the following are the major differences between the two fees: o .. • Partially or fully fund road capacity improvements, including new roads, the widening of existing roads, and the addition or extension of turn lanes at intersections to move people driving vehicles (i.e., cars, trucks, SUVs, motorcycles). • Are based on increases in trip generation, vehicle trip length, and road capacity, along with the cost of road capacity improvements and the projected vehicle miles of travel from development. • May be based on either an adopted LOS standard (aka standards or consumption -based fee) or on future road improvements (aka plan or improvements -based fee). • Partially or fully fund multimodal improvements, including sidewalks, paths, trails, bike lanes, streetscape and landscape, complete and low speed streets, micromobility (i.e., electric bikes, electric scooters) devices, programs and services, microtransit (i.e., golf carts, neighborhood electric vehicles, autonomous transit shuttles, trolleys) circulators, services and vehicles, new roads, transit facilities and mobility hubs, the widening of existing roads, and turn lanes, signals, roundabouts, and ADA upgrades at intersections. • Are based on increases in person trips, person trip lengths, and person miles of capacity from multimodal projects, along with projected person miles of travel from development. • Assessment areas may include all or portions of a municipality or county, and may vary based on geographic location (e.g., downtown) or type of development (e.g., mixed-use). • Must be based on future multimodal projects adopted as part of a mobility plan and incorporated or referenced in the local governments Comprehensive Plan. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 11 Page 653 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Local governments through -out Florida began adopting road impact fees in the late 70's and early 80's as a means for new development to pay for its traffic impact and provide local governments with revenues to fund transportation infrastructure improvements. Counties, especially Charter Counties, began to require that cities collect road impact fees on their behalf to fund improvements to the county road system. Throughout the 1980's, 1990's, and 2000's, cities through -out Florida challenged the ability of counties to compel cities to collect road impact fees for new development. The opposition stemmed in part from an unintended consequence of transportation concurrency which was that it essentially stopped development in urban areas (aka "cities"). Both cities and new development were constrained in their ability to add road capacity due to cost of acquiring developed land and fierce opposition from existing residents concerned about increased traffic and the impact new road capacity would have on their homes. The inability of development in urban areas to meet transportation concurrency resulted in development moving to suburban and rural areas (aka "urban sprawl") where fewer residents would come out in opposition to new road capacity improvements and road capacity was either available or was cheaper to construct. Cities found themselves in the unenviable position of sending road impact fees to counties, when development did meet concurrency, only to see those road impact fees being spent on new road capacity projects outside of urban areas that made it even easier for development to continue to sprawl outside city limits. Further, the courts frequently sided with counties, as cities that did challenge the legality of counties compelling them to collect impact fees did not offer alternatives to show how they would address the traffic impacts from new development. These challenges all occurred prior to the Florida Legislature adopting the "Impact Fee Act" through Florida Statute 163.31801. Further, these challenges also existed prior to the introduction of mobility plans and mobility fees and the adoption of the "Community Planning Act" through Florida Statute 163.3180. Before the Florida "Impact Fee Act" was adopted, many local governments had already developed impact fees through their home rule powers. In 2006, the Legislature adopted the "Impact Fee Act" to provide process requirements for the adoption of impact fees and formally recognized the authority of local governments to adopt impact fees. Prior to 2006, the Florida Legislature, unlike many States throughout the U.S. that had adopted enabling legislation, elected to defer to the significant case law that had been developed in both Florida and throughout the U.S. to provide guidance to local governments to adopt impact fees. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 12 Page 654 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` In 2009, the Legislature made several changes to the "Impact Fee Act", the most significant of which was placing the burden of proof on local governments, through a preponderance of the evidence, that the imposition of the fee meets legal precedent and the requirements of Florida Statute Section 163.31801. Prior to the 2009 amendment, Courts generally deferred to local governments as to the validity of an imposed impact fee and placed the burden of proof, that an imposed impact fee was invalid or unconstitutional on the plaintiff. There has yet to be a legal challenge to impact fees in Florida since the 2009 legislation, due in large part to the great recession and the fact that many local governments either reduced impact fees or placed a moratorium on impact fees between 2009 and 2015. In 2019, the Legislature, through HB 207 and HB 7103, made several changes to the "Impact Fee Act", the most significant of which was the requirement that fees not be collected before building permit. The changes also expanded on the requirements of the dual rational nexus test, the collection and expenditure of fees, credits for improvements and administrative cost. In 2020, the Legislature, through SB 1066, made several additional changes to the Impact Fee Act to clarify that new or updated impact fees cannot be assessed on a permit if the permit application was pending prior to the new or updated fee. The bill also made credits assignable and transferable to third parties. In 2021, the Legislature, through HB 337 made significant amendments to the "Impact Fee Act", which the Governor subsequently approved. The amendments require that impact fees be based on planned improvements and that there is a clear nexus between the need for improvements and the impact from new development. The amendments have a greater impact on increases to existing impact fees and have phasing requirements for increases to existing fees. There are provisions that allow a local government to fully implement updated fees based on a finding of extraordinary circumstances, holding public hearings, and requiring a super majority approval by elected officials. Florida Statute Section 163.31801 now reads as follows: "(1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 13 Page 655 of 849 (a) "Infrastructure" means a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring the public facility into service. The term also includes afire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, a school bus as defined in s. 1006.25, and the equipment necessary to outfit the vehicle or bus for its official use. For independent special fire control districts, the term includes new facilities as defined in s. 191.009(4). (b) "Public facilities" has the same meaning as in s. 163.3164 and includes emergency medical, fire, and law enforcement facilities. (4) At a minimum, each local government that adopts and collects an impact fee by ordinance and each special district that adopts, collects, and administers an impact fee by resolution must: (a) Ensure that the calculation of the impact fee is based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures and account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Provide notice at least 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A local government is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant, new or increased impact fees may not apply to current or pending permit applications submitted before the effective date of a new or increased impact fee. (e) Ensure that collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. (f) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. (g) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential construction. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 14 Page 656 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` (h) Specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. (i) Ensure that revenues generated by the impact fee are used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or nonresidential construction. (5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district must credit against the collection of the impact fee any contribution, whether identified in a proportionate share agreement or other form of exaction, related to public facilities or infrastructure, including land dedication, site planning and design, or construction. Any contribution must be applied on a dollar -for -dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made. (b) If a local government or special district does not charge and collect an impact fee for the general category or class of public facilities or infrastructure contributed, a credit may not be applied under paragraph (a). (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impact fees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase-in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements of subsection (4), provided the following criteria are met: 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 15 Page 657 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` 1. A demonstrated need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. (7) If an impact fee is increased, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. (8) A local government, school district, or special district must submit with its annual financial report required under s. 218.32 or its financial audit report required under s. 218.39 a separate affidavit signed by its chief financial officer or, if there is no chief financial officer, its executive officer attesting, to the best of his or her knowledge, that all impact fees were collected and expended by the local government, school district, or special district, or were collected and expended on its behalf, in full compliance with the spending period provision in the local ordinance or resolution, and that funds expended from each impact fee account were used only to acquire, construct, or improve specific infrastructure needs. (9) In any action challenging an impact fee or the government's failure to provide required dollar -for - dollar credits for the payment of impact fees as provided in s. 163.3180(6)(h)2.b., the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee or credit meets the requirements of state legal precedent and this section. The court may not use a deferential standard for the benefit of the government. (10) Impact fee credits are assignable and transferable at any time after establishment from one development or parcel to any other that is within the same impact fee zone or impact fee district or that is within an adjoining impact fee zone or impact fee district within the same local government jurisdiction and which receives benefits from the improvement or contribution that generated the credits. This subsection applies to all impact fee credits regardless of whether the credits were established before or after the date the act become law. (11) A county, municipality, or special district may provide an exception or waiver for an impact fee for the development or construction of housing that is affordable, as defined in s. 420.9071. If a county, municipality, or special district provides such an exception or waiver, it is not required to use any revenues to offset the impact. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 16 Page 658 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` (12) This section does not apply to water and sewer connection fees. (13) In addition to the items that must be reported in the annual financial reports under s. 218.32, a local government, school district county, municipality, or special district must report all of the following information data on all impact fees charged: (a) The specific purpose of the impact fee, including the specific infrastructure needs to be met, including, but not limited to, transportation, parks, water, sewer, and schools. (b) The impact fee schedule policy describing the method of calculating impact fees, such as flat fees, tiered scales based on number of bedrooms, or tiered scales based on square footage. (c) The amount assessed for each purpose and for each type of dwelling. (d) The total amount of impact fees charged by type of dwelling. (e) Each exception and waiver provided for construction or development of housing that is affordable." The purpose of this Technical Report is to demonstrate that the City's Mobility Fee is proportional and reasonably connected to, or has a rational nexus with, both the need for new multimodal transportation projects and the mobility benefits provided to those who pay the fee, otherwise known as the "dual rational nexus test" and "rough proportionality test", as required by Florida Statute Section 163.31801(4)(f),(g) and (h). The "dual rational nexus test" requires a local government to demonstrate that there is a reasonable connection, or rational nexus, between: The "Need" for additional (new) capital facilities (improvements and projects) to accommodate the increase in demand from new development (growth), and The "Benefit" that the new development receives from the payment and expenditure of fees to construct the new capital improvements. In addition to the "dual rational nexus test", the U.S. Supreme Court in Dolan v. Tigard also established a "rough proportionality test" to address the relationship between the amount of a fee imposed on a new development and the impact of the new development. The "rough proportionality test" requires that there be a reasonable relationship between the impact fee and the impact of new development based upon the applicable unit of measure for residential and non-residential uses and that the variables used to calculate a fee are reasonably assignable and attributable to the impact of each new development. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 17 Page 659 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The Courts recognized the authority of a municipality to impose "impact fees" in Florida occurred in 1975 in the case of City of Dunedin v. Contractors and Builders Association of Pinellas County, 312 So.2d 763 (2d DCA. Fla., 1975), where the court held: "that the so-called impact fee did not constitute taxes but was a charge using the utility services under Ch. 180, F. S." The Court set forth the following criteria to validate the establishment of an impact fee: "...where the growth patterns are such that an existing water or sewer system will have to be expanded in the near future, a municipality may properly charge for the privilege of connecting to the system a fee which is in excess of the physical cost of connection, if this fee does not exceed a proportionate part of the amount reasonably necessary to finance the expansion and is earmarked for that purpose." 312 So.2d 763, 766, (1975). The case was appealed to the Florida Supreme Court and a decision rendered in the case of Contractors and Builders Association of Pinellas County v. City of Dunedin 329 So.2d 314 (Fla. 1976), in which the Second District Court's decision was reversed. The Court held that "impact fees" did not constitute a tax; that they were user charges analogous to fees collected by privately owned utilities for services rendered. However, the Court reversed the decision, based on the finding that the City did not create a separate fund where impact fees collected would be deposited and earmarked for the specific purpose for which they were collected, finding: "The failure to include necessary restrictions on the use of the fund is bound to result in confusion, at best. City personnel may come and go before the fund is exhausted, yet there is nothing in writing to guide their use of these moneys, although certain uses, even within the water and sewer systems, would undercut the legal basis for the fund's existence. There is no justification for such casual handling of public moneys, and we therefore hold that the ordinance is defective for failure to spell out necessary restrictions on the use of fees it authorizes to be collected. Nothing we decide, however prevents Dunedin from adopting another sewer connection charge ordinance, incorporating appropriate restrictions on use of the revenues it produces. Dunedin is at liberty, moreover, to adopt an ordinance restricting the use of moneys already collected. We pretermit any discussion of refunds for that reason." 329 So.2d 314 321, 322 (Fla. 1976) The case tied impact fees directly to growth and recognized the authority of a local government to impose fees to provide capacity to accommodate new growth and basing the fee on a proportionate share of the cost of the needed capacity. The ruling also established the need for local government to create a separate account to deposit impact fee collections to help ensure those funds are expended on infrastructure capacity. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 18 Page 660 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The Utah Supreme Court had ruled on several cases related to the imposition of impact fees by local governments before hearing Banberryv. South Jordan. In the case, the Court held that: "the fair contribution of the fee -paying party should not exceed the expense thereof met by others. To comply with this standard a municipal fee related to service like water and sewer must not require newly developed properties to bear more than their equitable share of the capital costs in relation to the benefits conferred" (Banberry Development Corporation v. South Jordan City, 631 P. 2d 899 (Utah 1981). To provide further guidance for the imposition of impact fees, the court articulated seven factors which must be considered (Banberry Development Corporation v. South Jordan City, 631 P. 2d 904 (Utah 1981): "(1) the cost of existing capital facilities; (2) the manner of financing existing capital facilities (such as user charges, special assessments, bonded indebtedness, general taxes or federal grants); (3) the relative extent to which the newly developed properties and the other properties in the municipality have already contributed to the cost of existing capital facilities (by such means as user charges, special assessments, or payment from the proceeds of general taxes); (4) the relative extent to which the newly developed properties in the municipality will contribute to the cost of existing capital facilities in the future; (5) the extent to which the newly developed properties are entitled to a credit because the municipality is requiring their developers or owners (by contractual arrangement or otherwise) to provide common facilities (inside or outside the proposed development) that have been provided by the municipality and financed through general taxation or other means (apart from user fees) in other parts of the municipality; (6) extraordinary costs, if any, in servicing the newly developed properties; and (7) the time -price differential inherent in fair comparisons of amounts paid at different times." The Court rulings in Florida, Utah and elsewhere in the U.S. during the 1970's and early 1980's led to the first use of what ultimately became known as the "dual rational nexus test" in Hollywood, Inc. v. Broward County, which involved a Broward County ordinance that required a developer to dedicated land or pay a fee for the County park system. The Florida Fourth District Court of Appeal found to establish a reasonable requirement for dedication of land or payment of an impact fee that: 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 19 Page 661 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` "... the local government must demonstrate a reasonable connection, or rational nexus between the need for additional capital facilities and the growth of the population generated by the subdivision. In addition, the government must show a reasonable connection, or rational nexus, between the expenditures of the funds collected and the benefits accruing to the subdivision. In order to satisfy this latter requirement, the ordinance must specifically earmark the funds collected for the use in acquiring capital facilities to benefit new residents." (Hollywood, Inc. v. Broward County, 431 So. 2d 606 (Fla. 4th DCA), rev. denied, 440 So. 2d 352 (Fla. 1983). In 1987, the first of two major cases were heard before the U.S. Supreme Court that have come to define what is now commonly referred to as the "dual rational nexus test". The first case was Nollan v. California Coastal Commission which involved the Commission requiring the Nollan family to dedicate a public access easement to the beach in exchange for permitting the replacement of a bungalow with a larger home which the Commission held would block the public's view of the beach. Justice Scalia delivered the decision of the Court: "The lack of nexus between the condition and the original purpose of the building restriction converts that purpose to something other than what it was ... Unless the permit condition serves the same governmental purpose as the development ban, the building restriction is not a valid regulation of land use but an out-and-out plan of extortion (Nollan v. California Coastal Commission, 483 U. S. 825 (1987)". The Court found that there must be an essential nexus between an exaction and the government's legitimate interest being advanced by that exaction (Nollan v. California Coastal Commission, 483 U. S. 836, 837 (1987). The second case, Dolan v. Tigard, heard by the U.S. Supreme Court in 1994 solidified the elements of the "dual rational nexus test". The Petitioner Dolan, owner, and operator of a Plumbing & Electrical Supply store in the City of Tigard, Oregon, applied for a permit to expand the store and pave the parking lot of her store. The City Planning Commission granted conditional approval, dependent on the property owner dedicating land to a public greenway along an adjacent creek and developing a pedestrian and bicycle pathway to relieve traffic congestion. The decision was affirmed by the Oregon State Land Use Board of Appeal and the Oregon Supreme Court. The U.S. Supreme Court overturned the ruling of the Oregon Supreme Court and held: "Under the well-settled doctrine of "unconstitutional conditions," the government may not require a person to give up a constitutional right in exchange for a discretionary benefit conferred by the government where the property sought has little or no relationship to the benefit. In evaluating Dolan's claim, it must be determined whether an "essential nexus" exists between a legitimate state interest and the permit condition. Nollan v. California Coastal Commission, 483 U. S. 825, 837. If one does, then it must be decided whether the degree of the exactions demanded by the permit conditions bears the required relationship to the projected impact of the proposed development." Dolan v. City of Tigard, 512 U.S. 383, 386 (1994) 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 20 Page 662 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The U.S. Supreme Court in addition to upholding the "essential nexus" requirement from Nollan also introduced the "rough proportionality" test and held that: "In deciding the second question -whether the city's findings are constitutionally sufficient to justify the conditions imposed on Dolan's permit -the necessary connection required by the Fifth Amendment is "rough proportionality." No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the proposed development's impact. This is essentially the "reasonable relationship" test adopted by the majority of the state courts. Dolan v. City of Tigard, 512 U.S. 388, 391 (1994)" An often -overlooked component of Dolan v. City of Tigard is the recognition that while multimodal facilities may off -set traffic congestion there is a need to demonstrate or quantify how the dedication of a pedestrian / bicycle pathway would offset the traffic demand generated. per the following excerpt from the opinion of the Court delivered by Chief Justice Rehnquist: "The city made the following specific findings relevant to the pedestrian/bicycle pathway: "In addition, the proposed expanded use of this site is anticipated to generate additional vehicular traffic thereby increasing congestion on nearby collector and arterial streets. Creation of a convenient, safe pedestrian/bicycle pathway system as an alternative means of transportation could offset some of the traffic demand on these nearby streets and lessen the increase in traffic congestion." We think a term such as "rough proportionality" best encapsulates what we hold to be the requirement of the Fifth Amendment. No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development. With respect to the pedestrian/bicycle pathway, we have no doubt that the city was correct in finding that the larger retail sales facility proposed by petitioner will increase traffic on the streets of the Central Business District. The city estimates that the proposed development would generate roughly 435 additional trips per day. Dedications for streets, sidewalks, and other public ways are generally reasonable exactions to avoid excessive congestion from a proposed property use. But on the record before us, the city has not met its burden of demonstrating that the additional number of vehicle and bicycle trips generated by the petitioner's development reasonably relate to the city's requirement for a dedication of the pedestrian/bicycle pathway easement. The city simply found that the creation of the pathway "could offset some of the traffic demand ... and lessen the increase in traffic congestion." "As Justice Peterson of the Supreme Court of Oregon explained in his dissenting opinion, however, "[t]he findings of fact that the bicycle pathway system could offset some of the traffic demand' is a far cry from a finding that the bicycle pathway system will, or is likely to, offset some of the traffic demand." 317 Ore., at 127, 854 P. 2d, at 447 (emphasis in original). No precise mathematical calculation is required, but the city must make some effort to quantify its findings in support of the dedication for the pedestrian/bicycle pathway beyond the conclusory statement that it could offset some of the traffic demand generated." Dolan v. City of Tigard, 512 U.S. 687 (1994). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 21 Page 663 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The U.S. Supreme Court recently affirmed, through Koontz vs. St. Johns River Water Management District, that the "dual rational nexus" test equally applies to monetary exactions in the same manner as a governmental regulation requiring the dedication of land. Justice Alito described: "Our decisions in Nollan v. California Coastal Commission, 483 U. S. 825 (1987), and Dolan v. City of Tigard, 512 U. S. 374 (1994), provide important protection against the misuse of the power of land -use regulation. In those cases, we held that a unit of government may not condition the approval of a land -use permit on the owner's relinquishment of a portion of his property unless there is a "nexus" and "rough proportionality" between the government's demand and the effects of the proposed land use. In this case, the St. Johns River Water Management District (District) believes that it circumvented Nollan and Dolan because of the way in which it structured its handling of a permit application submitted by Coy Koontz, Sr., whose estate is represented in this Court by Coy Koontz, Jr. The District did not approve his application on the condition that he surrender an interest in his land. Instead, the District, after suggesting that he could obtain approval by signing over such an interest, denied his application because he refused to yield." Koontz v. St. Johns River Water Management District 1333 S. Ct. 2586 (2013). "That carving out a different rule for monetary exactions would make no sense. Monetary exactions— particularly, fees imposed "in lieu" of real property dedications—are "commonplace" and are 'functionally equivalent to other types of land use exactions." To subject monetary exactions to lesser, or no, protection would make it "very easy for land -use permitting officials to evade the limitations of Nollan and Dolan." Furthermore, such a rule would effectively render Nollan and Dolan dead letters "because the government need only provide a permit applicant with one alternative that satisfies the nexus and rough proportionality standard, a permitting authority wishing to exact an easement could simply give the owner a choice of either surrendering an easement or making a payment equal to the easement's value." Koontz v. St. Johns River Water Management District 1333 S. Ct. 2599 (2013) The Florida First District Court of Appeals recently affirmed (July 2021), through the BoCC of Santa Rosa County vs. the Builders Association of West Florida, that impact fees are required to meet the "dual rational nexus" test to avoid being found to be an unconstitutional tax and cited the Florida Impact Fee Act that requires impact fees to be based on the most recent and localized data. The Court cited expert testimony that the County's school impact fee "failed the dual rational nexus test because they did not account for the differences between the northern and southern parts of the county. This resulted in impact fees that were disproportionate to the growth in these geographical regions." This is the first legal case related to impact fees since the Florida Legislature adopted the Impact Fee Act in 2006 and placed the burden of proof on local governments to justify any fee imposed through amendments to the Impact Fee Act in 2009. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 22 Page 664 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Florida Statute has changed dramatically between 2005 and 2013 related to eliminating statewide transportation concurrency, promoting development within urban areas, and encouraging multimodal mobility. Palm Beach County policies have largely remained unchanged during that same time. The County continues to implement transportation concurrency, focuses primarily on moving motorvehicles and providing roadway capacity and collects road impact fees to fund additional roadway capacity improvements based on the County Charter. The Palm Beach County Charter was last amended on July 20, 2010 and was approved by Palm Beach County voters on November 2, 2010, with an effective date of January 1, 2011. Volume 1 of the County Charter of Palm Beach County, Florida, states in Article I: Creation, Powers and Ordinances of Home Rule Charter Government, Section 1.2 that: "Nothing in this Home Rule Charter shall override or conflict with state law or the state constitution." Further, the County Charter Section 1.3 states the following: "Municipal ordinances shall prevail over county ordinances to the extent of any conflict regardless of the time of passage of the municipal ordinance, except that county ordinances shall prevail over conflicting municipal ordinances:" "(2) In matters related to school, county -owned beaches, county district parks, and county regional parks, solid waste disposal, county law enforcement, county road programs, and county public buildings impact fees; and in matters related to county fire -rescue and county library impact fees in those municipalities whose properties are taxed by the county for library or fire -rescue purposes, respectively. This subsection shall not be construed as preempting or limiting in any way the enactment of municipal impact fee ordinances for those capital facilities provided exclusively by municipalities. The county shall provide a credit toward the payment of county impact fees for properties within those municipalities which provide like capital facilities. This section shall not be construed as a transfer of functions or powers related to municipal services." County Charter Section 1.3 (4) includes provisions related to establishment of level of service (LOS) standards for collector and arterial roads which are not the responsibility of a municipality and states the following: "In matters relating to the establishment of levels of service for collector and arterial roads which are not the responsibility of any municipality and the restriction of the issuance of development orders which would add traffic to such roads which have traffic exceeding the adopted level of service provided that such ordinance is adopted and amended by a majority of the board of county commissioners." 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 23 Page 665 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The Florida Legislature adopted HB 7202, which became effective in July of 2011, that abolished state mandated transportation concurrency and made transportation concurrency optional for any local government within the State of Florida, including those in Palm Beach County. The Palm Beach County Charter was adopted prior to the effective date of HB 7207. The Florida Legislature did not provide any exemptions for Palm Beach County with regards to transportation concurrency or impact fees. The Florida Legislature adopted HB 7207 during the 2011 Legislative Session, which occurred after the Palm Beach County Charter was amended effective January 1st, 2011, that led to abolishing statewide transportation concurrency, eliminating the Department of Community Affairs, and placed restrictions on local governments ability to implement transportation concurrency: all effective June 2nd, 2011 with no exceptions in Statute for Palm Beach County or any local government therein. The Florida Legislature has clearly provided "any" local government in Florida with the option to adopt alternative mobility funding system per Florida Statute 163.3180. The Legislature has not exempted Palm Beach County or any local government within the County, from repealing transportation concurrency and adopting an alternative mobility funding system. The County road impact fee program, like any local government imposing an impact fee, is required to meet the two prongs of the "dual rational test", which impact fee and mobility fees are required to meet per Florida Statute 163.3180 (5)(i). An expanded take on the two prongs of the dual rational nexus test as it relates to impact and mobility fees is as follows: "Needs Prong:" That a rational nexus exists between an increase in demand from new development and the need for improvements, which serves as the basis for the fee, to accommodate that demand, and "Benefits Prong:" That a rational nexus exists between the payment of fees by new development and the benefit that new development receives from the expenditure of those fees by the local government imposing the fee to fund the needed improvements. In 1983, the Home Builders and Contractors Association of Palm Beach County sued Palm Beach County for imposing road impact fees on new development to construct road improvements made necessary by increased traffic generated by new development. The Palm Beach 1980 County Comprehensive Plan recognized that in view of the unusual growth rate being experienced in the county and to maintain a consistent level of road service and quality of life, extensive road Improvements would be necessary, requiring regulation of new development activity which generates additional automobile traffic. (emphasis added) 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 24 Page 666 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The County Commission therefore enacted Ordinance 79-7 to finance the necessary road capital improvements and to regulate increases in traffic levels. The ordinance would require any new land development activity generating road traffic to pay its "fair share" of the reasonably anticipated cost of expansion of new roads attributable to the new development (Home Builders and Contractors Association of Palm Beach County, Inc. v. The Board of County Commissioners 446 So.2d 140 (Fla. Dist. Ct. App. 1984)). The 4th District Court of Appeal found in favor of the County. The fundamental question facing Palm Beach County after 36 years of having a road impact fee based on the need for "extensive road improvements": does the rational nexus still exist? Based upon the latest 2045 Palm Beach MPO Long Range Transportation Plan (LRTP), there are no longer "extensive road improvement" needs within the City of Boynton Beach or the areas around the City that served as the basis for the road impact fee (Map A). The few road capacity projects identified in the 2045 LRTP within or adjacent to the City have either been incorporated into the City's Complete Street Mobility Plan (projects within Mobility Fee Assessment Area) or are in areas of the City which are still subject to Palm Beach County's transportation concurrency system and payment of the County's road impact fees (Appendix ). The following are some of the issues the County needs to be address and that get to the fundamental issue at hand, which is: Does the Palm Beach County Road Impact Fee still meet the "dual rational nexus" test within the Boynton Beach Mobility Fee Assessment Area? 1. Does the Palm Beach County Charter supersede the Legislative allowance for a local government to adopt alternative mobility funding system systems such as a mobility plan and a mobility fee to replace transportation concurrency and road impact fees? 2. The 2045 Palm Beach MPO Long Range Transportation Plan (LRTP) identifies relatively few County roads that are proposed to be widen by 2045. Most road widening projects are limited to Interstate 95, the Florida Turnpike and a few State Arterials. Of the County projects proposed in the LRTP, an overwhelming majority are in the western portions of unincorporated Palm Beach County. If there are "no" or "limited" road projects in the clear majority of Boynton Beach, how is the County meeting the first prong of the dual rational nexus test? 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 25 Page 667 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` 3. There are few, if any County road widening projects or new roads proposed east of Congress Avenue or within City limits. Should new development within the Mobility Fee Assessment Area pay a road impact fee to subsidize road building serving western unincorporated Palm Beach County? How is the County meeting the second prong of the dual rational nexus test? 4. The current Palm Beach County road impact fees are a consumption -based model and evaluate vehicle trips only. A consumption -based model "assumes" that there is a need for new road capacity to accommodate new vehicle trips, even without identifying specific road improvements. Consumption based models work fine when it is assumed there are ample roadway capacity improvements that are being made. However, that assumption is no longer valid as evident by the adopted 2045 LRTP and the lack of road capacity improvements east of Congress Avenue. 5. New development, infill development, and redevelopment within Boynton Beach are paying road impact fees based on countywide trip data and trip lengths, even though they are making fewer vehicular trips and when they do make those trips, they are shorter in length. Not only are they paying more than they should; they are also not receiving any benefit from the fees being paid. It is reasonably debatable that the road impact fee that these developments are paying no longer meet either prong of the dual rational nexus test or the rough proportionality test. 6. There is no one size fits all approach in a County as diverse as Palm Beach. The benefit of mobility plans and mobility fees is they allow each City to identify the specific needs and improvements appropriate for their City and address the modes of travel desired within the City. To truly effectuate a shift in mode share to walking (mostly less than one (1) mile), bicycling and scooting (mostly less than three (3) miles), and microtransit trips (mostly less than five (5) miles) requires a level of detail, focus and planning that is most appropriate at a City level, not at a Countywide or within unincorporated County which is either rural or isolated, single -use, suburban style development. 7. The County has been collecting road impact fees within the City from development east of Interstate 95 where there are zero (0) road projects identified between now and 2045. The County has also not constructed any road capacity projects in the City east of Interstate 95 in over a decade, while building new roads serving suburban sprawl in western Palm Beach County. How does that meet the benefit test? 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 26 Page 668 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The 1st Goal articulated in the Transportation Element of the City's Comprehensive Plan recognizes the importance of integrating land use and transportation: bicycling,needs of all sectors of the City of Boynton Beach in a safe, efficient, cost effe7ctii vJe,a aesthetically pleasing manner that promotes multi -modal transportation options, such • In 2019, the City amended the Transportation Element of the Comprehensive Plan to establish legislative intent to develop a mobility plan and fee. The following are objectives and policies in the Transportation Element related to the City's Complete Streets Mobility Plan and Mobility Fee: Objective 2.4 "The City shall develop and maintain a safe, convenient, multi- modal transportation system, including walking, bicycling, and public transit, which will meet future as well as current transportation needs, particularly within the TCEA and the CRA." Policy 2.6.3 "The City may seek to repeal and replace Palm Beach County transportation concurrency, proportionate fair -share and road impact fees with a Mobility Fee based upon a Complete Streets Mobility Plan. Repeal of Palm Beach County transportation concurrency, proportionate fair -share and road impact fees will require consultation with Palm Beach County. The City may also apply a Mobility Fee to the city -maintained facilities, repealing City transportation concurrency and proportionate fair -share applicable to local roadways." Policy 2.6.4 "The Mobility Fee may be implemented and adopted citywide or may be adopted only for specific areas or districts within the City. For each such specific area or district, an adopted Mobility Fee shall replace both Palm Beach County transportation concurrency, proportionate fair -share and road impact fees and City transportation concurrency and proportionate fair -share." Policy 2.6.5 "The Complete Streets Mobility Plan and Mobility Fee may be adopted by resolution of the City Commission. The Mobility Fee would go into effect per the provisions of the Mobility Fee ordinance." Policy 2.6.6 "Should the City Commission elect to adopt a Mobility Fee, the City, within one year of adoption of the implementing Ordinance, shall update the Transportation and Capital Improvement Elements of the Comprehensive Plan to reflect the repeal of transportation concurrency, proportionate fair -share and road impact fees and update policies related to level and quality of service standards, complete streets, capacity determinations, backlogged facilities, transportation and associated multi -modal policies and other elements addressed in the Complete Streets Mobility Plan." 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 27 Page 669 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Policy 2.6.7 "The Complete Streets Mobility Plan shall include provisions that address mobility between destinations and should address accessibility to, from destinations, and between modes of travel. The improvements in the Plan shall be based upon the expected, anticipated or desired increase in new development, infill development and redevelopment by the established horizon year and the associated increase in vehicular and person travel demand. The Complete Streets Mobility Plan shall include quality and level of service standards for all modes of travel." Policy 2.6.8 "The City, as part of a Complete Streets Mobility Plan, may adopt quality and/or level of service standards for pedestrians, bicycle, transit and other multi -modal facilities included in the Plan. Quality of Service standards shall be related to the overall travel experience of the user with higher standards established in areas where walking, bicycling, transit and other non- vehicular modes of travel are encouraged. Level of Service standards shall be related to the width or size of pedestrian, bicycle and non -vehicular facilities with wider and larger facilities in areas where non -vehicular modes of travel are encouraged and frequency of transit service with greater frequencies and spans of service in areas where transit is encouraged." Policy 2.6.9 "The Complete Streets Mobility Plan may serve as a Master Plan for roads and transit within the City, and also function as a Bicycle, Pedestrian, Trails, Blueways, Greenways and other non -vehicular modes or travel Master Plan." Policy 2.6.10 "The Complete Streets Mobility Plan may also incorporate provisions for reduced heat island effects and improve air quality through trees and landscaping and to reduce stormwater run-off and water quality through the integration of low impact development techniques, bio- swales, rain gardens and other green techniques that can be incorporated into the planning, design and construction of transportation improvements." Policy 2.6.11 "The Complete Streets Mobility Plan may include policies related to land use to encourage multi -modal supportive development. The Plan may also include provisions that allow for reduction in development parking requirements in recognition of car and bicycle sharing in complete streets, and parking strategies that reduce parking requirements for mixed-use, multi- modal development and affordable housing." Policy 2.6.12 "The Mobility Fee would be a one-time assessment on new development or redevelopment that results in an impact to the transportation system through an increase in vehicular trips or vehicular miles of travel or an increase in person trips or person miles of travel. The Mobility Fee, consistent with State Statute, shall be required to meet the dual rational nexus test and shall be reasonably attributable to the travel demand impact of new development, infill and redevelopment." 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 28 Page 670 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Policy 2.6.13 "The Mobility Fee may include provisions to encourage and incentivize new development, infill and redevelopment within targeted areas of the City. The Mobility Fee may also include provisions to encourage affordable and workforce housing, mixed- use, multi -modal supportive development, and desired land uses that increase employment and attract economic development." Policy 2.6.14 "An application for private development may not be required to pay a Mobility Fee and also meet transportation concurrency, proportionate -fair share and road impact fees to the extent the Mobility Fee address the same facilities and travel demand impacts as would be addressed through the application of transportation concurrency, proportionate -fair share and road impact fees for City and/or County or State maintained facilities." Policy 2.6.15 "In consideration of a future Complete Streets Mobility Plan, the City may review the Land Development Regulations to consider incentives for and accommodate the needs of compact four -and -two -wheel vehicles (such as hybrids, smart cars, and vespas/scooters, etc.) by assessing the parking requirements and other provisions of the code." 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 29 Page 671 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` There were multiple steps that went into development of the Complete Streets Mobility Plan and the Mobility Fee for the City. The City established legislative intent to consider development of a mobility plan and mobility fee through the 2019 amendments to the Comprehensive Plan. The following is a step-by-step overview of the process used to develop the Complete Streets Mobility Plan and Mobility Fee consistent with legal and statutory requirements (Figure 2). CITY OF BOYNTON BEACHJ�E_ ii „ 92021 NUE khnnUan pt,,LLEGrRight Res...ed NUE URBAN CONCEPTS w . r; ,,, i1 www.nueurbanconcepts.cam ©(Bc00 LANDUSE- Neaam-PARKING-FEES [SIGN' MOBJUTY PLAN MOBtLITY FES REVIEW AID01FUTED I'o'E:,,P,ICE Comprehensive Plan, Long Range Transportation Plan, &Special Plans & Studies UNDERTAKE DATA C I.:.LEtT°I N Existing Traffic Characteristics & Infrastructure & Mobility Services Arrm PIPU ,UIPC„u1T FUTURE CTIIECT 'TI'"I°T Existing & Future Demographics, Vehicle Miles of Travel, & Person Miles of Travel Leggall Best. ftrt "Ux't cornggsoimeet of'the duaall iratininall imemus test is to demmoimmtmte irowraall) EETABLISli SERVE CE STANDARDS RDS u Bicycling, Micromobility, Streets, Transit, &Walking (Used tau UderlItify imouul'stTrImchl IfareeIect.s, eslab islh nmuulltdrrraua,Uall capacifties, D deeellopu Ilserforimiame Treasures) 5 IhvE';IP"Tl COMPLETE S11"RIEETS PROSEc-r Bicycle Boulevards, Buffered Bike Lanes, High Visibility Crosswalks, Intersections, Microtransit, Safety, Shared -Use Paths, Sidewalks, Streets, Traffic Calming, & Transit Ia`RIEPTUPE CIDI 11l"LETE STREETS IIIoIROJIECT°EOST Planning level Cost Estimates ` DEVELOP COMPLETE STREETS MOBILITY PLAN Mobility Plan Projects (Improvements, Services, & Programs): Capacity, Cost & Project Type (Ip'lodda Sfaarlge Iltecl udireirneim L Mollsdllt'y Il:ees required to be based on a Mobility Plan) EVALUATED EXISTING C OND11TIIONS Based on Street Quality of Service flLeggaall'II`estr Demonstrate ggrommt.lh its not Ipssaylimug for exPl Un g bnadk1loggldefi dency) vDEI4"rIFWC AVAILPTELE FUNDING Existing and Projected Funding Sources 7 2021 NUE Urban Concepts, I.I.C. All rights reserved. 10 CON U IIC"I" I I RO W'I'II I VAILUA'I ION Mobility Plan Cost Attributable to New Growth (ILeggall Test: IDemonstrate that rnew growth bac r ot paying more thaim Uts, lair stare) IIU CALCULATE PEREV SIN MILES USF TIPAVE;L, PA'TIE; PMT Rate Attributable to New Growth (ILeag<all Testi Demonstrate that The cost of ni ull fitruodaall prrsga:rts !is attributable aurnd assign able to growth) 112 ESTABLISH MOBILITY FEE SCHEDULE ULErti OF USES S Boynton Beach Specific Schedule of Uses 13 ESTABLISH PiswSL°";umauMENE'"AREAS Single Mobility Fee Assessment Area & Portion of City outside Mobility Fee Assessment Area 14 CALCULATE PIERLSON TRAVEL DEMAND PER USE Person Trips, Person Trip Length & Limited Access Factor fl-eagroll Testi Demonstrate that the fee its roughly pro iflomal to the Impact of riiew agprow 1h) CALCULATE M ILEULIIITY FEE PER UISE drNu Mobility Fee per Specific Use 116 ESTABLISH BENEFIT DISTRT CTS Defined Area for Mobility Fee Expenditure (ILeggall "restr'Ilhe 21nd coi mpoiment of the dual rafiioimal inemn test is to ateiNoiolln a mte Ilroeneriil f) 11117 lue DEI ELOP TECHNICAL. REPORT Document Data Sources and Methodology (Deiaoimst:rah:etil the data tbrnetllnodologgyIslegally a"i stahAtodlycoinnlzlliant) 18 DEVELOP IMPLEMENTING ORDINANCE Establish Findings, Specify Assessments, Exemptions, Credits, Off -Sets, i Independent & Special Studies, Collection, Expenditure, Refunds, Annual Reporting &Updates (Dessoimshrarhe MobUllhfy Mann & MobUdity fee letgall & slatu liory compliance) Page 30 Page 672 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` A Mobility Plan provides a blueprint forthe City to proactively prioritize multimodal projects to meet the growth, travel, and mobility needs of the community in a manner that is coordinated with the Future Land Use Element in the City's Comprehensive Plan. The City of Boynton Beach Complete Street Mobility Plan is a vision, over the next 25 years, for how the City's transportation system will transition from primarily moving vehicles, towards a multimodal system focused on safely moving people, whether they choose to continue driving their cars, or decide to walk, bicycle, ride transit, or use a new mobility technology (Figure 3). Figure 3. Moving PeopLe, Providing Choices Z101YR-R ........... L E ............ TRANSIT SHARED 1 / r � fI ( 9 �, (I B 11 Il T Y MOTOR VEHICLE J k 52021 NUE Urban Cance ts. LLC. All Ri hts ReserveRS PUBLINUE URBAN CONCEPT LAND USE - MOBILITY - PARKING - FEES I P 9 d. www.nueurbanconcepts.com &@Q* In order to facilitate the transition from a transportation system focused on moving cars towards a multimodal system focused on the movement of people, it's important to understand that the speed of travel varies greatly whether a person is walking, bicycling, scooting, riding transit or driving a car. The speed of multimodal travel generally falls within five tiers, each of which requires appropriate multimodal projects to accommodate the desired speed of travel (Figure 4). 7 2021 NUE urban Concepts, LLC. All rights reserved. Page 31 Page 673 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Future updates of the Complete Streets Mobility Plan may involve additional multimodal projects to accommodate desired modes of travel other than single occupant cars. Specifically, as micromobility (e.g., electric bikes and electric scooters), microtransit (e.g., golf carts, neighborhood electric vehicles, and autonomous transit shuttles), and shared mobility (e.g., transit, ride -hail, and car -share) devices, services, and programs expand and new technology options become available, there will be a need to reimagine and repurpose road and street rights-of-way and travel lanes to accommodate the different speeds of travel for these multimodal modes of personal mobility. MOBILITY PLANNING SIDEWALK, TRAIL, WALKING &SHARED STREET RUNNING IBASED ON SPEED ��',���, �,' OF TRAVEL DEDICATEDTRANSIT LANE, SHARED TN TRAVEL LANE, & HTAXI OV LANE IIII, IIIIIII[ '116011111" ' 1�� ' �E?ysbl 9 2021 NUB Urban Concepts, LLC. All Rights Reserved. NAND USE - MOBILITY - PARKING - FEES IDE URBAN -[INCEPTS [SIG www.nueurbanconcepts.com &01)(& SHARED MOBILITY Florida Statute 163.3180 (5)(f)(5) identifies the establishment of multimodal quality of service (QOS) standards as part of a mobility plan and fee as one option to provide a distinct alternative to transportation concurrency. The establishment of street quality of service (QOS) standards, based on posted speed limits, as a replacement of roadway LOS standards is one way to make a clean break from transportation concurrency. Street QOS standards are intended to enhance mobility for all modes of travel and move towards Vision Zero, by prioritizing slower speeds for cars. Speed of travel is one of the most important factors in determining the design of a street. Street QOS standards are the inverse of roadway LOS standards in that as speed limits go down, street QOS goes up. Whereas, as speed limits go down the LOS of roadways also goes down. Street QOS standards that promote slower speeds provide planners and engineers with greater flexibility to implement innovative street designs, such as low speed and complete streets, narrower travel lanes, and locating buildings and trees closer to travel lanes. 7 2021 NNE Urban Concepts, LLC. All rights reserved. Page 32 Page 674 of 849 of 2 BUFFERED/PROTECTED E BIKE LANE, DESIGNATED -SCOOTER MICRO TRAIL, MICROMOBILITY LANE, & STREETS SEGWAY/ONEWN E-BICYMOPEDGLE MOBILITY 25 MPH OR LESS -'• O�j4Vti O ��.0 i/ iooiii % i i DEDICATEDTRANSIT LANE, SHARED TN TRAVEL LANE, & HTAXI OV LANE IIII, IIIIIII[ '116011111" ' 1�� ' �E?ysbl 9 2021 NUB Urban Concepts, LLC. All Rights Reserved. NAND USE - MOBILITY - PARKING - FEES IDE URBAN -[INCEPTS [SIG www.nueurbanconcepts.com &01)(& SHARED MOBILITY Florida Statute 163.3180 (5)(f)(5) identifies the establishment of multimodal quality of service (QOS) standards as part of a mobility plan and fee as one option to provide a distinct alternative to transportation concurrency. The establishment of street quality of service (QOS) standards, based on posted speed limits, as a replacement of roadway LOS standards is one way to make a clean break from transportation concurrency. Street QOS standards are intended to enhance mobility for all modes of travel and move towards Vision Zero, by prioritizing slower speeds for cars. Speed of travel is one of the most important factors in determining the design of a street. Street QOS standards are the inverse of roadway LOS standards in that as speed limits go down, street QOS goes up. Whereas, as speed limits go down the LOS of roadways also goes down. Street QOS standards that promote slower speeds provide planners and engineers with greater flexibility to implement innovative street designs, such as low speed and complete streets, narrower travel lanes, and locating buildings and trees closer to travel lanes. 7 2021 NNE Urban Concepts, LLC. All rights reserved. Page 32 Page 674 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The lower the design speed, the greater the emphasis on the safe movement of people, whether they are walking, bicycling, or driving. Establishing street QOS standards based on posted speed limits more accurately reflects the intended purpose of a street or road and the desired level of people walking and bicycling, along with access to adjacent land uses. The lower the speed, the greater the accessibility to adjacent land uses and an emphasis on safely walking and bicycling. The higher the speed limit, access to adjacent land uses becomes more restrictive, with a greater emphasis on the movement of vehicles. However, just because a lower speed limit is posted, it does not mean cars will slow down, unless there are actual changes to the street right-of-way that will result in people driving slower and more people feeling comfortable to bicycle and walk. Street QOS standards would be phased in over time as part of: (1) designing new multimodal projects or the repurposing; (2) reimagining of existing right-of-way to emphasize the safe movement of people versus the quick movement of cars, and (3) allow for greater levels of neighborhood traffic calming to improve safety and potentially reduced cut through traffic. The Phase Two Mobility Plan will utilize these Street QOS standards in the design of streets. Street QOS standards are intended to be flexible based on applicable locations and type of street (Figure 5). �� , ' ii sri?EEr dE G.tr� uu a v, ii M 0 t °,,, �11k � 1 1 ZE OFF" S 7AND.Gw CITY T it N� � ��� ��, � � ��"�m�tu�r�,u���.o'GW:� BOYNTON BEACH STREET QUALITY OF SERVICE (QOS) STANDARDS ... APPLICABLE LOCATIONS uM T LPM T BICYCLE LANES FLEX O MICROMOBILITY SPEED LIMITS* 10 15 I/ MOBILITY LANES / MU TI U EI TRAILS / SHARED -USE PATHS/ SIDEWALKS SPEED LOW SPEED STREETS / MAIN STREET / QUALITY OF SERVICE (QOS) A** LIMIT LOCAL STREETS / RESIDENTIAL 15 CITY STREETS QUALITY OF SERVICE (QOS) B llLOCAL STREETS / RESIDENTIAL CITY STREETS / MINOR / SELECT COLLECTORS SPEED QUALITY OF SERVICE (QOS) C LIMIT COLLECTORS/ MINOR / 25J SELECT ARTERIALS SPEED QUALITY OF SERVICE (QOS) D LIMIT 30 MAJOR COLLECTORS/ ARTERIALS SPEED QUALITY OF SERVICE (QOS) E*** LIMIT PRINCIPAL NIDE CONCEPTS 3 iJ ARTERIALS URBAN LANG USE MOBILITY PARKING KING • FEES * MICROMOBILITY SPEEDS IN AREAS WITH HIGH LEVELS OF PEOPLE WALKING SHOULD BE MAX 10 MPH © 2021 NUE Urban Concepts, LLC. All Nights Reserved. ** POSTED SPEED LIMIT IS MAXIMUM, LOWER SPEEDS ARE ALSO DOS A www.nueurbanconcepts.com *81)9 *** POSTED SPEED LIMIT IS MINIMUM, HIGHER SPEEDS ARE ALSO DOS E 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 33 Page 675 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Multimodal QOS standards are used to establish multimodal capacities for use in the Mobility Fee calculations and can be used to for performance measures, mobility planning, design standards, and prioritizing multimodal projects. These standards combine QOS and LOS based on: (1) the width of the facility (i.e., bike lane, path, sidewalk); (2) the type of physical separation between multimodal facilities and travel lanes for cars, SUVs, trucks, and other motor vehicles; and (3) the posted speed limit. The following multimodal QOS standards for people bicycling and walking on sidewalks, paths and trails vary based on the width of the facility, the type of physical separation from motor vehicle travel lanes (e.g., street trees, on -street parking) and posted speed limit (Figure 6). A sidewalk with limited separation from vehicle travel lanes would result in a QOS "E"; whereas a twelve (12) foot wide trail separated from travel lanes by a landscaped buffer would be a QOS "A". Higher QOS standards result in increased multimodal capacity and a greater likelihood that people would bike and walk. The QOS standards will enable the City to establish performance measures to evaluate improvements in the QOS for people bicycling and walking. r t MULTIMODAL „zz ��B.�F�u PC"E"' O O ZE MO u::tt�au CITY OF STAN A'T'RDs BOYNTON BEACH MULTIMODAL QUALITY OF SERVICE (QOS) STANDARDS FOR BICYCLING AND WALKING FACILITY TYPE TRAIL 121 + B A A A A PATH 10' C B B B B PATH 8° D C C C C SIDEWALK 7' OR LESS E D D D D SOURCE: QOS STANDARDS ESTABLISHED BY NUE URBAN CONCEPTS, LLC NOTES: THE PRESENCE OF TWO OR MORE PHYSICAL SEPARATION FEATURES, SUCH AS ON -STREET PARKING AND STREET TREES WOULD RESULT IN AN INCREASE IN ONE ADDITIONAL LETTER GRADE. FOR EXAMPLE, A TEN (10) FOOT WIDE PATH WITH STREET TREES AND ON -STREET PARKING WOULD ACHIEVE A QUALITY OF SERVICE OF "A", A FIVE (S) FOOT WIDE SIDEWALK WITH STREET TREES AND A LANDSCAPE BUFFER WOULD ACHIEVE A QUALITY OF SERVICE OF "C" 7 2021 NUE Urban Concepts, LLC. All rights reserved. RIq[ NIDE URBAN CONCEPTS pTYRIk LAND USE • MDRITV • PARKING • EEES © 2021 NUE Urban Concepts, LLC. All Rights Reserved. www.nueurbanconcepts.com QOO fp IR Page 34 Page 676 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The multimodal QOS standards for people bicycling and riding micromobility devices (e.g., e -bikes, e -scooters, golf carts) are focused on accommodating pedal powered and multimodal motorized travel demand on bike lanes, multimodal lanes, and multimodal ways. The following multimodal QOS standards for people riding bicycles and micromobility devices on bike lanes, multimodal lanes and ways vary based on the width of the facility, whether the facility is buffered or protected by a raised barrier, the visibility of the facility, and the posted speed limit (Figure 7). A four (4) foot wide bike lane adjacent to travel lanes would result in a QOS "E"; whereas a protected six (6) foot wide multimodal lane would result in a QOS of "A". The QOS standards will enable the City to establish performance measures to evaluate improvements in the QOS for people bicycling and riding micromobility devices. MUL T/H10DAL ' I i� ERVICE CITY OF % �l�aA1Dl° Z�i , t�117' ��i'AINq�aARDS BOYNTON BEACH MULTIMODAL QUALITY OF SERVICE (QOS) STANDARDS FOR BICYCLING AND MICROMOBILITY FACILITY TYPE BIKE LANE 6'+ BIKE LANE S' BIKE LANE 4' PAVED SHOULDER BICYCLE BLVD D A B E A E B E B SOURCE: QOS STANDARDS ESTABLISHED BY NUE URBAN CONCEPTS, LLC NOTES: THE PRESENCE OF A PHYSICAL SEPARATION FEATURES, ALONG WITH PAVEMENT MARKINGS AND POSTED SPEED LIMITS WOULD RESULT IN AN INCREASE IN ONE ADDITIONAL LETTER GRADE. PROTECTED BIKE LANES FEATURE A PHYSICAL BARRIER SUCH AS A RAISED MEDIAN BETWEEN VEHICLE AND BICYCLE LANES. BUFFERED BIKE LANES FEATURE A BUFFER AT LEAST TWO (2) FEET IN WIDTH WITH EITHER CHEVRONS, RPMs, OR FLEX POST BETWEEN VEHICLE AND BICYCLE LANES. ENHANCED VISIBILITY INCLUDES PAVEMENT MARKINGS SUCH AS, GREEN OR BLUE LANES, GREEN OR BLUE LANE MARKINGS APPROACHING AND CROSSING INTERSECTIONS AND DRIVEWAYS, OR DOUBLE LINES, SPACED A MINIMUM OF FOUR (4) INCHES APART AND FEATURING RPMs OR FLEX POST BETWEEN VEHICLE AND BICYCLE LANES. 7 2021 NUE Urban Concepts, LLC. All rights reserved. ENHANCED MAXIMUM VISIBILITY POSTED MARKINGS SPEED LIMIT G SPEED LIMIT D 25 c E D SPEED _ 15 NUE URBAN CONCEPTS PES LAND yE?usil� �— s [SIGN - 17 2021 NNE Urban Concepts, LLC. All Rights Reserved. www.nuourbanconcepts.com Page 35 Page 677 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Depending on the width of a facility, microtransit vehicles (e.g., autonomous transit shuttles, golf carts, neighborhood electric vehicles) may potentially use multimodal lanes and ways. The QOS standards are intended to be used only for corridors that feature transit service. The following multimodal QOS standards for transit are based upon the frequency ofservice and the type of transit service provided (Figure ). The multimodal transit QOS standards are only for corridors with existing or future transit service. It should be recognized that the City has little say in the headways provided by future rail and bus operators. The City does have greater ability to pursue higher QOS standards for microtransit and trolley circulators. These QOS standards can be used by the City to prioritize transit circulator routes. ,i % �...... /NEIL T/MODAL �� �. % ("OLJAL ll p"Y( Off' � ,, s ik iu�~� 1( iE.' CITY O F X111 ilk I % STANDARDS BOYNTON BEACH MULTIMODAL QUALITY OF SERVICE (QOS) STANDARDS FOR TRANSIT _` .,. I"'s' ,,.,,,. "i ;< %:'-°'_' ""P:""'i, "°,1,.=%': REPRESENTATIVE OF CITY TRANSIT FREQUENCY OF SERVICE MICROTRANSIT TROLLEY I 10 MINUTES OR LESS A A A 15 MINUTES A A B A 20 MINUTES A B B 30 MINUTES B C D C 45 MINUTES C D D 60 MINUTES D E E E SOURCE: QOS STANDARDS ESTABLISHED BY NUE URBAN CONCEPTS, LLC , ,� ESTLII IG hl NOTES: A SPAN OF SERVICE EXCEEDING 14 HOURS WOULD RESULT IN AN .14 RFFu1M INCREASE IN ONE ADDITIONAL LETTER GRADE. A FUNCTION OF BEING ABLE NIDE URBAN CONCEPTS TO ACHIEVE QOS A AND B FREQUENCY IS THE PROVISION OF MULTIMODAL LANDUSE•MOBILITY-PARKING•FEES O �" WAYS DEDICATED TRANSIT LANES AND HOV LANES. © 2021 NUE Urban Concepts, LLC. All Rights Reserved. www.nuourbanconcepts.com QQ fQ IQ 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 36 Page 678 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The basis for the City of Boynton Beach's Mobility Fee are the multimodal projects identified in the Complete Street Mobility Plan consistent with Florida Statute 163.3180(5)(i). The Mobility Fees collected from new development and are to be used to fund the multimodal projects identified in the Complete Street Mobility Plan (Figure 9). The multimodal projects identified in the Complete Street Mobility Plan are intended to provide the person miles of capacity needed to meet future person miles of travel demand, consistent with the "needs" requirement of the dual rational nexus test. The Mobility Fees collected from new development are to be used to fund the needed multimodal projects to provide a mobility benefit to new development and serve the increase in person travel demand from that development, consistent with the "benefits" requirement of the dual rational nexus test. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 37 Page 679 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Case law and State Statute prohibit local governments from charging new development for over capacity or "backlogged" roadways. The intent of a mobility plan and a mobility fee is to provide a distinct alternative to transportation concurrency. One way to make a clean break from transportation concurrency and overcapacity or "backlogged" roads is to replace road LOS with street quality of service (QOS) standards based on the posted speed limit (Figure 5). Road level of service (LOS) standards, and the associated road capacity provided, are based on the speed of travel for cars. The higher the roadway LOS standards the greater the number of lanes needed in order to obtain a desired speed of travel. Roadway LOS standards are an essential component in transportation concurrency. The lower the roadway LOS standards ("D" or "E"), the greater the capacity there is to move cars: up until traffic is gridlocked, which is known as LOS "F". Roads in the City of Boynton Beach generally flow at an acceptable rate, except during peak hours and special events. An existing conditions QOS evaluation for arterials and collectors within and adjacent to the City was conducted based on the street QOS standards (Appendix C). The existing conditions evaluation is intended to establish a baseline QOS analysis and will serve as a performance measure that will allow the City to quantify the change in QOS between Mobility Plan updates (Table 1). The existing conditions street QOS evaluation replaces the "backlog" evaluation based on roadway LOS that would typically be conducted as part of a mobility fee analysis. The existing conditions analysis is necessary to demonstrate that new development and redevelopment is not being charged for existing deficiencies. Location 1 QOS A QOS B QOS C QOS D QOS E Source: Street Quality of Service based on existing posted speed limits and total miles of arterial and collector streets within and adjacent to the City (Appendix C). Data collected by NUE Urban Concepts as of March 2021. 11 111111131111 '111�11�11��111 11 1119 1: 111 11 . . ' JAC, ;r 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 38 Page 680 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` C� The first requirement of the dual rational nexus for a mobility fee is to demonstrate that there is a need for future multimodal projects to accommodate the person travel demand from future growth. An evaluation of the projected population and employment for the City of Boynton Beach, based upon data from the latest version of the Southeast Regional Planning Model (SERPM), demonstrates that there is projected to be an increase in households, population, and employment within the Mobility Fee Assessment Area and within the entire city and adjacent areas (Table 2). The household, population, and employment data were obtained from the SERPM Traffic Analysis Zones (TAZs) for the model network evaluated for the Complete Streets Mobility Plan and Mobility Fee analysis (Appendix D). Due to the existing TAZ structure that extends beyond City limits, the households, populations and employment data includes areas that are outside City limits. The intent of the data is to illustrate projected demand from growth in households, population, and employment within and around the City that will "need" future multimodal projects to provide mobility, part of the documentation required to demonstrate that the Mobility Fee is in compliance with the "needs" test under the dual rational nexus test. • • 1 • 6 MOBILITY FEE ASSESSMENT AREA CITYWIDE & SURROUNDING AREAS Year Households Population Employment Households Population Employment ® ®® ® ® ®®® ® ® ® 2045 35,677 83,273 47,431 54,447 126,766 69,418 Source: Projected growth analysis prepared by NUE Urban Concepts, LLC. Data was extracted from Traffic Analysis Zones (TAZs) from the 2015/2045 Southeast Regional Planning Model (SERPM 8.504). The model files were obtained from the Palm Beach County Transportation Planning Agency (TPA) webpage. The data was projected for both the mobility fee assessment area and the entire city. There is some overlap in data due to TAZs extending beyond City limits. TAZ data includes areas adjacent to, but not within the incorporated limits of the City of Boynton Beach (Appendix D). 'I - r . ' , ;r1111 J 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 39 Page 681 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The growth in vehicle miles of travel (VMT) is one of the factors evaluated to determine the need forfuture multimodal projects within the City. The latest version of the Southeast Regional Planning Model (SERPM) was used to determine the VMT growth within and around the City of Boynton Beach between 2020 and 2045 (Table 3). The VMT data was obtained from the SERPM model network evaluated as part of the Mobility Plan and Mobility Fee analysis (Appendix Q. Future traffic does not terminate at City limits, thus the evaluation of VMT data includes areas that are outside City limits to ensure the future model volumes evaluated terminate at logical endpoints (intersecting roads). The VMT data is used to project future person miles of travel demand to evaluate the "need" for future multimodal projects necessary to meet that demand and demonstrate compliance with the "needs" test under the dual rational nexus test. The growth in travel on Interstate 95 is excluded from mobility fee calculations. Travel on Interstate 95 is excluded due to fact that the Interstate system is largely funded through federal fuel tax revenues and the potential to levy user fees (tolls) for managed travel lanes. The projected growth on Interstate 95 is relatively moderate given current conditions and future improvements to the Florida Turnpike, TRI -Rail, Brightline and the possibility of TRI -Rail Coastal Service. Year Arterial & Interstate 95 Total Collector Roads ee e 2020 (Mobility Plan base year) 860,113 2,015,158 2,877,594 Source: Projected growth in VMT prepared by NUE Urban Concepts, LLC. The 2015 base year and 2045 future year VMT were extracted using the cost affordable model network from the 2015/2045 Southeast Regional Planning Model (SERPM 8.504). The model files were obtained from the Palm Beach County Transportation Planning Agency (TPA) webpage. The 2020 mobility plan base year VMT was interpolated based on an annual growth rate of .92% for arterial and collector roads and .13% for Interstate 95 based on the increase in VMT between the 2015 base year model data and the 2045 horizon year model data. The VMT increase is based on the difference between 2020 and 2045. The model network includes enclave areas within the City and portions of the regional road network that extend outside of the incorporated limits of the City (Appendix )... 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 40 Page 682 of 849 The evaluation of future person miles of travel (PMT) is the initial component in the development of a mobility fee. To account for person trips made by walking, biking, riding transit, and vehicle occupancy in a multimodal travel environment, vehicle travel demand is converted into person travel demand based on data from the 2017 National Household Travel Survey (NHTS). Person travel demand, also referred to as person miles of travel, is calculated based on person trips and person trip length from the NHTS data. An evaluation of the personal travel data from the NHTS resulted in a PMT factor of 1.81 (Appendix F). The projected increase in PMT within and around Boynton Beach between the Mobility Plan base year of 2020 and the Mobility Plan future year of 2045 is 398,116 (Table 4). The calculation for the increase in person miles of travel (PMT) is illustrated in further detail on Figure 10: 2020 Base Year Person Miles of Travel (PMT) 1 1,556,805 2045 Future Year Person Miles of Travel (PMT) 1 1,954,921 Source: Base and future year vehicle travel data from Table 3. PMT obtained by multiplying VMT by 1.81. The calculation for the increase in person miles of travel (PMT) is illustrated in Figure 10. Figure 10: Person MiLes of Travel. (PMT) Increase 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 41 Page 683 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The multimodal projects identified in the Complete Streets Mobility Plan form the basis of the mobility fee. The multimodal projects necessary to serve person miles of travel demand include sidewalks, paths, trails, bike lanes, microtransit circulators, low speed and complete streets, streetscape, intersections, and roadways. These multimodal projects are necessary to meet future person miles of travel demand and lay the foundation for use of new micromobility devices such as electric pedal assist bicycles (e -bike) and electric scooters (e -scooter) and microtransit vehicles such as autonomous transit shuttles, golf carts, and neighborhood electric vehicles. To account for the capacity benefit of multimodal projects, it requires the establishment of base person capacity rates for the multimodal projects included in the Complete Streets Mobility Plan. The Florida Department of Transportation's (FDOT) Generalized Service Volume Tables were used to establish daily capacities for roadways and intersections (Table 5). A principal difference between a road impact fee based on vehicle miles of travel (VMT) and a mobility fee based on person miles of travel (PMT) is accounting for vehicle occupancy. To account for vehicle occupancy, the road capacities in Table 5 are multiplied by a Vehicle Occupancy factor of 1.84, based upon data from the 2017 NTHS (Appendix F). The Vehicle Occupancy factor is used in the multimodal capacity analysis for road and intersection projects identified in the Complete Streets Mobility Plan. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 42 Page 684 of 849 Vehicle Person Per Lane Turn Lane Lane Type & Number Person Person Capacity Capacity Capacity Capacity e ee mom I mom 4 -Lane Divided (Class II) 33,800 62,190 15,550 780 Source: Florida Department of Transportation, Quality/Level of Service (LOS) Handbook, Generalized Annual Average Daily Volumes for Florida's Urbanized Areas (Appendix G). Capacities are based on a LOS E standard. The daily person capacity is based on a Vehicle Occupancy factor of 1.84 per the 2017 NHTS Data for Florida (Appendix F)... Turn lane person capacity is derived by multiplying the daily person capacity by .5% per the FDOT Generalized Service Volume Tables. The person capacity, per lane person capacity, and turn lane person capacity are rounded to the nearest 101H 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 42 Page 684 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The establishment of multimodal capacities for people walking and bicycling are based on methodologies from multiple technical reports and manuals. The capacities for people walking and bicycling are based on both a level of service (LOS) and a quality of service (QOS). There is an inverse relationship between the LOS and QOS for people walking, bicycling and scooting. The LOS capacities for people walking, bicycling, and scooting are based upon the number of people that can be accommodated on a facility over a one-hour period. A LOS of "A" typically denotes few people are using a sidewalk or bike lane and there is ample room for people to freely walk, bicycle, or scoot. A LOS "D" typically denotes more people are using a sidewalk or bike lane and movements are restricted. A QOS "D" typically denotes an environment where there is minimal separation between people walking and bicycling and vehicles and there is often a lack of landscape, shade, streetscape or protections from cars. In environments that feature a QOS "A", there are often wider sidewalks, paths ortrails, with street trees and/or on -street parking and a landscape buffer that separate people walking, bicycling, and scooting from cars. For people bicycling on -street, the presence of a protected barrier, a painted buffer or higher visibility green lane makes for a higher QOS. In Florida, most facilities for people walking, bicycling, and scooting feature a LOS "A" and a QOS "D" or "E": meaning few, if any, people use the facilities to walk, bicycle, or scoot. The multimodal capacity for the various types of multimodal projects in the Complete Streets Mobility Plan are based on varying LOS and QOS standards (Table 6). The City can increase the QOS and multimodal capacity by providing physical barriers between multimodal facilities and travel lanes. Physical barriers would include concrete medians, barrier walls, on -street parking, grass buffers and street trees. It is common practice in Europe to provide bicycle lanes adjacent to curbs and locate on -street parking between travel lanes and the bike lane. In the U.S. it is common for bike lanes to be provided between travel lanes and on -street parking. Increasingly, there is a recognition that the European model of providing curb separated and raised bike lanes and protected intersection is one of the main factors in the high level of bicycling and the mode share for people riding bikes. The U.S. has a long way to go to achieving mode share and greater use of bicycles. The Complete Streets Mobility Plan is a move in the right direction. The establishment of capacities for microtransit is based on methodologies from the Transit Capacity and Quality of Service Manual. The proposed microtransit circulators can be comprised of a combination of golf carts, neighborhood electric vehicles (NEV), autonomous transit shuttles (ATS), and trolleys. The person capacities of microtransit vehicles assume an average of 180 persons per hour riding over a 16 -hour span of service with varying headways (Table 6). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 43 Page 685 of 849 Type of Multimodal Facility Unit of Measure Daily Capacity �e e e • e Off-road unpaved Shared -Use Paths 8' to 12' wide 1,200 e e® Sidewalk 6' to 7' wide 1,800 Shared -Use Path 8' to T wide 2,400 Shared -Use Path 10' to 11' wide 3,600 ® e Shared -Use -Use Trail 2®® 'toe 16'wei de 4,800 Mj 0 Source: The capacity for bicycle boulevards, sharrows, and unpaved shared -use paths is based on a LOS "A" and a QOS "B". The capacity for sidewalks and bike lanes is based on a LOS "A" capacity and a QOS "E". The capacity for an 8' The path is based on a LOS "A" capacity and a QOS "D". The capacity for a 10' shared -use path and buffered bike lanes is based on a LOS "B" capacity and a QOS "C". The capacity for a 12' shared -use trail and protected bike lanes is based on a LOS "C" capacity and a QOS "B". Capacity methodologies for sidewalks, paths, trails, bicycles, and the riverwalk are based on methodologies established in Transportation Research Record 1636 Paper No. 98-0066, the 2006 Shared -Use Path Level of Service Calculator -A User's Guide developed for the Federal Highway Administration, and the 2010 Highway Capacity Manual. The transit circulator assumes the use of microtransit vehicles (i.e., golf carts, neighborhood electric vehicles (NEV), autonomous transit shuttles (ATS), and trolleys) with transit capacity of 180 people per house for a span of service of 16 hours a day. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 44 Page 686 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The City of Boynton Beach's Complete Streets Mobility Plan consists of bike lanes, intersections, paths, roads, safety enhancements, sidewalks, trails, and transit overthe next twenty-five years. The focus of the plan is to provide an interconnected network of safe and visible multimodal projects to encourage people to bicycle and walk and be able to safely access transit. The proposed traffic calming, and safety projects are intended to enhance safety of the overall multimodal network and are key to helping achieve the QCS standards and realizing the projected multimodal capacities. The Intermodal Mobility Station, to be located adjacent to the future TriRail Coastal Station, is the hub for the entire multimodal system. The proposed People Mover Transit Circulator, to be comprised of various transit and microtransit vehicles, will connect the mobility station with Downtown, TriRail, and attractors and generators through -out the City. The multimodal projects included in the Complete Streets Mobility Plan have been identified to facilitate access to existing and future rail service and to realize the full multimodal capacity and utilization of the multimodal network, Intermodal Mobility Station, and the People Mover Transit Circulator. The Complete Streets Mobility Plan will be a living document that will evolve overtime as multimodal projects are completed and new mobility technologies advance (Appendix H). The Mobility Plan reflects the need for a transition away from existing transportation concurrency, proportionate share, and road impact fees to a multimodal transportation system focused on the movement of people and providing mobility choices. The capacity for each multimodal project is based on the road and multimodal capacities in Table 5 and Table 6, multiplied by the length of each multimodal project and if the project is provided on one or both sides of a road (Appendix H). The total person miles of capacity (PMC) provided by the multimodal projects in the Complete Streets Mobility Plan is 428,842 (Table 7). The full multimodal capacity was provided for all bicycle and pedestrian projects. If multimodal capacity was reduced to account for any existing facility, then there would need to be a corresponding adjustment in the cost of new construction of the multimodal projects. The only reduction in new capacity added was for High Ridge Road and Miner Road, where the multimodal capacity for the four -lane divided road was reduced by the existing capacity provided by the existing two travel lanes for each road. The cost basis for both roads is for the addition of two additional lanes, not the full cost of a new four -lane divided road. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 45 Page 687 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The cost for multimodal projects in the Complete Streets Mobility Plan is based on the latest cost from projects completed by the City and supplemented by data from Palm Beach County, FDOT, and similar Florida based projects. The cost of design, construction, engineering and inspection, utility relocation, and landscape equaled 30% of construction cost. Where necessary, right-of-way equaled 30% of construction cost. The cost of the Intermodal Mobility Station and the People Mover Transit Circulator are based on recent cost for parking structures, buildings and microtransit vehicles. The total projected cost of the Complete Streets Mobility Plan is $127,298,706 (Table 7). The projected cost estimates are planning level cost and will be further refined as multimodal projects enter the design phase. To keep pace with inflation, it is recommended that the mobility fee be indexed to an inflation factor and annually adjusted on January 1st of each calendar year. Annual inflation adjustments should help to limit the size of cost increases in between plan updates. Complete Street Mobility Plan Projects I Person Miles of Capacity I Cost of Projects Pedestrian Transit & Microtransit Bike, Pedestrian & Micromobility Bike, Road & Micromobility 96,718 1 $17,935,125 38,4101 $33,150,000 3,4201 $886,665 51,648 1 $13,802,680 Source: The person miles of capacity is based on the multimodal capacities established in Table 5 and Table 6. The cost for multimodal projects is based on the most recent and localized data from the City, Palm Beach County, FDOT and similar Florida based projects (Appendix H). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 46 Page 688 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The availability of funding for multimodal projects over the next 25 years is projected to come from a variety of funding sources. Palm Beach County has the ability to allocate a portion of gas taxes and infrastructure sales tax towards City multimodal projects. Gas taxes have been declining locally, statewide and nationally as vehicles have become more fuel efficient and the percentage of electric vehicles and hybrid vehicles increase. Neither the Federal Government nor the State of Florida have raised gas taxes in a number of years. The gas taxes that are available are largely earmarked for maintenance and operations of the existing transportation network. The County's existing infrastructure sales tax provides a broader opportunity to have available funds to contribute towards the multimodal projects identified in the Complete Streets Mobility Plan. Future infrastructure sales tax initiatives would require voter approval. There has been some discussion of a VMT tax to replace the gas tax at the federal and state level. There are several states that are testing pilot projects for a VMT tax. Given the current political climate, a VMT tax is unlikely to pass anytime soon. However, as a greater number of electric vehicles and autonomous vehicles come online, there will be renewed interest in replacing the gas tax with a VMT fee. The Palm Beach County Transportation Planning Agency (TPA) has available funding identified through the 2045 Cost Feasible Long Range Transportation Plan (LRTP). The vast majority of projected funding is allocated towards improvements on the Strategic Intermodal System (SIS), with a significant amount of the funds allocated toward Interstate 95. The TPA has allocated significant resources to pursue implementation of Tri -Rail Coastal rail service. The proposed Intermodal Mobility Station is included in the Complete Streets Mobility Plan in anticipation of future rail service. The multimodal capacity associated with the Station is based on future rail service. There is a pool of funds available to fund improvements on the State Highway System (SHS). In addition, there are off SHS improvements, as well as additional pools of funds identified in the LRTP, which could include some multimodal improvements that form the basis for the updated mobility fee. Historically, there have been grants, earmarks and the use of the various pool of funds identified in the LRTP to allocate towards multimodal projects in Palm Beach County. While there are specific multimodal projects identified as funded in the LRTP, there are several that could be eligible for funding and have been identified undervarious pools of available funding. The majority of these are projects were anticipated to be funded by County road impact fees. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 47 Page 689 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The City's mobility fee would replace a portion of this anticipated funding. LRTP funds are typically part of a competitive process that identifies projects as part of the annual update of the Transportation Improvement Program (TIP). In recognition of the availability of funding identified in the LRTP and historic grants, earmarks, and other sources of funds available to Palm Beach County and the City of Boynton Beach, the mobility fee calculations include $12,000,000 in available funding between 2021 and 2045, or $500,000 a year over a 24 -year period (Table ). This amount is subject to annual amendments. Anticipated Available Funding $12,000,000 Source: The multimodal project cost is provided in Table 7. Anticipated available funding based on a rate of $500,000 per year over a 24 -year period. The unfunded multimodal improvement cost obtained by subtracting the potentially available funding sources and the total multimodal improvement cost. 'I - . . ' , ;r1111 J 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 48 Page 690 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` .�zznw�'Z= To ensure that new growth is not paying for more than its fair share of the cost of the multimodal projects identified in the Complete Streets Mobility Plan, as required by case law and Florida Statute, a new growth evaluation has been conducted. The new growth evaluation is based on the projected increase in person miles of travel (PMT) and the projected increase in person miles of capacity (PMC) from the Complete Streets Mobility Plan improvements. A PMT / PMC ratio less than 1.00 means that more multimodal capacity is being provided than is needed to accommodate future travel demand and would require a reduction in the overall cost of capacity projects attributable to new growth. A PMT / PMC ratio greater than 1.00 means that new development is not being charged more than its fair share of the cost of multimodal projects and no additional adjustments would be needed. The new growth evaluation factor (NGEf) is illustrated on Figure 11. The projected PMTi / PMCi ratio is .928, which is less than 1.0 (Table ). Thus, new growth is being charged more than its attributable share of the cost of Complete Streets Mobility Plan. For purposes of the calculation of the Mobility Fee rate, the NGEf is set to 0.928 to ensure new growth is not charged more than its fair share. Increase in Person Miles of Capacity (PMC) 428,842 Source: The increase in person miles of travel is based on Table 4. The increase in person miles of capacity is based on Table 7. The new growth evaluation calculation is based on the formula in Figure 11. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 49 Page 691 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The cost of multimodal projects in Table 7, the new growth evaluation factor in Table 9, and the increase in person miles of travel in Table 4 are used in the formula to calculate the person miles of travel (PMT) rate. The cost of multimodal projects is multiplied by the new growth evaluation factor to obtain a final cost of multimodal projects. The final cost is then divided by the increase in PMT to determine the PMT rate (Figure 12). With a final multimodal project cost of $106,997,199 and a PMT increase of 398,116, the calculated PMT rate is $268.76 (Table 10). FIGURE 12. PERSON MILES OF TRAVEL RATE (PMTr) I New Growth Evaluation Factor (NGEF) 1 0.928 Increase in Person Miles of Travel (PMTi) 1 398,116 Source: The cost of multimodal projects is obtained from Table 7. The increase in person miles of travel is obtained from Table 4. The person miles of travel rate (PMTr) are determined per the calculation in Figure 12. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 50 Page 692 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` There are two kinds of geographic areas in mobility fee systems: assessment areas and benefit districts. Assessment areas are based on either a physical location, such as a downtown, or a type of development pattern, such as a traditional neighborhood development (TND). New development within the City only pays the mobility fee rate applicable to the assessment area in which the new development is located. A benefit district is an area within which mobility fees collected are earmarked for expenditure as required by the second test of the dual rational nexus test. A single Mobility Fee Assessment Area is proposed for the City. The Mobility Fee Assessment Area includes all areas of the City east of Interstate 95 and western portions of the City located between Congress Avenue and Interstate 95 (Map ). The Mobility Fee Assessment Area also includes an area west of Congress Avenue comprised of the Boynton Beach Mall and adjacent parcels. The mobility fee will apply uniformly within the Mobility Fee Assessment Area. New development, along with redevelopment and change or expansion of a use that generates additional person travel demand will be required to mitigate their transportation impact through payment of the City's Mobility Fee. The development would no longer be subject to transportation concurrency, proportionate share or road impact fees. TCEA policies in the Comprehensive Plan may still apply, as they are an alternative to transportation concurrency, until the Comprehensive Plan is amended to remove or revise the TCEA policies. It is recommended that the term TCEA be replaced with mobility solutions or a similar term to transition away from transportation concurrency. The development would still be subject to evaluating site related access connections. It is also recommended that the City consider establishment of site access assessments or site impact assessments as a replacement of traffic impact analysis, which have become synonymous with transportation concurrency. All areas outside of the Mobility Fee Assessment Area would still fall under the County's existing transportation concurrency system and would still pay the applicable County road impact fee. This would include any future annexed areas between the western most City limits and Military Trail and between Hypoluxo Road to the north and Dunes Road to the South. The City may elect in the future to establish additional assessment areas or expand the Mobility Fee Assessment Area citywide. The Downtown, Community Redevelopment Areas (CRAB), and Transit Oriented Developments (TODs) outside of a CRA would be candidates for future assessment areas. Should the City expand the Mobility Fee Assessment Area citywide, it may wise to consider the establishment of different assessment areas east and west of Interstate 95 to account for the difference in gridded transportation networks and mixture of land uses. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 51 Page 693 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` III i � ;111111 ' r 111111 1111' The second component in the calculation of a mobility fee is the calculation of person travel demand for each use included on the mobility fee schedule. The factors utilized in the calculation of person travel demand for each use are the principal means to achieve the "rough proportionately" test established by the courts and Florida State 163.31801. Figure 13 illustrates the formula used to calculate the person miles of travel for each use. Trip Generation Trip generation rates are based on daily trip information published in the Institute of Transportation Engineers' (ITE) Trip Generation Manual, 10th edition. The detail for the daily trip generation rates for each use is included in Appendix I. The percentage of new trips is based on a combination of the various pass -by analyses provided in ITE's Trip Generation Handbook, 3rd edition and various traffic studies conducted throughout Florida. The percentage of new trips differs slightly from the commonly used term pass -by trip. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 52 Page 694 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The term percentage new trips are the percentage difference in trips after pass -by trips are deducted. The concept is better understood per the following: (10 trips x (100% - 30% pass -by rate)) = 7 trips or 70% new trips). While the ITE's Trip Generation does not recognize pass -by rates for uses other than retail, pass -by rates were utilized for uses such as offices, day care, places of worship, entertainment and recreation uses to reflect how people move about the community. A pass -by trip is a trip that is traveling and stops at another land use between an origin point (commonly a dwelling) and a destination (place of employment). The detail for the % new trips is included in Appendix I. Person Trip Factor The person trip factor is used to convert vehicle trips to person trips based on the recently released 2017 National Household Travel Survey (NHTS). To obtain the most recent and localized data, the travel survey was evaluated specifically for Core Based Statistical Area (CBSA) #33100 that includes Miami, Fort Lauderdale & West Palm Beach. The NHTS person trip factors vary by trip purpose (Appendix F). A total of 1,367 unique trip surveys where evaluated based on trips of 30 miles or less in length. Trip purpose data aggregated by listed trip purpose. The total data referenced in Appendix E is based on unaggregated data from the 2017 NHTS for CBSA # 33100. Person Trip Length The person trip length is based on the recently released 2017 National Household Travel Survey (NHTS). To obtain the most recent and localized data, the travel survey was evaluated specifically for Core Based Statistical Area (CBSA) #33100 that includes Miami, Fort Lauderdale & West Palm Beach. The person trip lengths vary by trip purpose (Appendix ). A total of 1,367 unique trip surveys where evaluated based on trips of 30 miles or less in length. Trip purpose data aggregated by listed trip purpose. The total data referenced in Appendix E is based on unaggregated data from the 2017 NHTS for CBSA # 33100. Limited Access Evaluation (LAE) Travel on Interstate 95, which is a limited access facility, is excluded from mobility fee calculations as the Interstate System is principally funded and maintained by the Federal Government in coordination with FDOT and funded through the gas tax trust fund. To ensure development that generates new person miles of travel is not charged for travel on Interstate 95, a limited access factor has been developed. The factor is developed based on 2020 volumes from the SERPM model network (Appendix Q. The limited access evaluation factor (LAEf) of 0.30 is applied to person trip lengths to account for the 70% of travel occurring on Interstate 95 (Table 11). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 53 Page 695 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Interstate 95 VMT 1 2,015,158 Source: The 2020 VMT data was obtained using the cost affordable model network from the 2015/2045 Southeast Regional Planning Model (SERPM 8.504). The VMT data was interpolated based on an annual growth rate of .92% for arterial and collector roads and .13% for Interstate 95. The growth rates are based on the increase in VMT between the 2015 base year model data and the 2045 horizon year model data. The limited access factor is calculated by dividing collector and arterial road VMT by the total VMT (860,113 / 2,877,594) = 30% (rounded to nearest hundredth). Origin and Destination Adjustment (ODA) Trip generation rates represent trip -ends at the site of a land use. Thus, a single origin trip from home to work counts as one trip -end for the residence and from work to the residence as one trip - end, for a total of two trip ends. To avoid double counting of trips, the net person travel demand is multiplied by the origin and destination adjustment factor of 0.50. This distributes the impact of travel equally between the origin and destination of the trip and eliminates double charging. Person Travel Demand per Use (PTDu) The result of multiplying trip generation rates, percentage of new trips, person trip length, the person trip factor, the limited access evaluation, and the origin and destination adjustment are the establishment of a per unit person travel demand per use within the Mobility Fee Assessment Area (Appendix J). The PTDu by reflects the projected person travel during an average weekday by the various land uses in the mobility fee schedule. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 54 Page 696 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` To ensure the rough proportionately test is addressed, the person travel demand of individual uses is evaluated through the development of a mobility fee schedule. The Mobility Fee is based on the person travel demand for each use (PTDu) listed on the mobility fee schedule multiplied by the person miles of travel rate (PMTr) established in Table 10. The calculated person travel demand for each use represents the full impact of that use (Appendix J). The Complete Streets Mobility Plan and Mobility Fee have been developed to provide the needed transportation improvements on City, County, and State roads to address future travel demand growth within and around the City and allow development to fully mitigate its impact by payment of a Mobility Fee to the City. The calculations for determining the Mobility Fee per Use within the Mobility Fee Assessment Area (Figure 14). The Mobility Fee schedule seeks to strike a balance between the City's Comprehensive Plan and current market trends. The uses included on the Mobility Fee schedule enable the City to use the Mobility Fee as an additional tool to further integrate land use and transportation planning consistent with the City's Comprehensive Plan. The Mobility Fee schedule has been developed to recognize uses that enhance the City's quality of life and provide employment opportunities and economic development. The Mobility Fee schedule of uses is broken down into four (4) components: (1) category of uses; (2) individual use classifications; (3) representative uses; and (4) the mobility fee per use. The first (1st) component are overall categories of uses, such as residential or office. Under each overall category there are multiple uses for which a mobility fee is calculated. The overall category is generally consistent with the overall function of a use of land for the individual use classification. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 55 Page 697 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` These overall categories are generally consistent with the City Comprehensive Plan and the ITE Trip Generation Manual. These categories headings also specify if the individual uses are calculated on a per square foot (sq. ft.) or a different unit of measure. The second (2"d) component are individual use classifications, such as community serving or commercial storage. These individual use classifications have similar person travel demand characteristics or similar functions to the overall use category. These individual use classifications are generally consistent with the ITE Trip Generation Manual classification under a give category of uses. The individual use classifications will specify the unit of measure to calculate the mobility fee if it differs from a rate per square foot (sq. ft.) or per 1,000 square feet. The third (3rd) component are representative uses under the individual use classifications. These representative uses are shown in brackets such as (Day Care, Place of Assembly or Worship, Private School) after the individual use classification of Community Serving. These representative uses have similar person travel demand characteristics and functions to the individual use classification. Theses uses are not exhaustive and are intended to serve as a guide to describe the types of use that would be assessed a mobility fee based on the rate for the individual use classification. The definition of each individual use classification provides further detail on the types of representative uses would fall under an individual use classification. These representative uses are generally consistent with the ITE Trip Generation Manual classification under a give category of uses and individual use classifications. The fourth (4t") component are the mobility fee rates per individual use classification. The mobility fees. The mobility fee for an individual uses is determined by multiplying the mobility fee rate by the applicable unit of measure. The following is an example the four (4) components of the mobility fee schedule (Figure 15): Four (4) Components of a Mobility Fee Schedule Use Categories, Land Uses Classifications, and Representative Land Uses (2nd Use Classification) = Community Serving (5th Mobility Fee Rate) _ (3rd Representative Use = (Civic, Place of Assembly, Museum, Gallery) $2.52 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 56 Page 698 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The mobility fee schedule proposes a streamlined approach to residential mobility fees that is easy to administer and addresses affordability. The schedule proposes a flat residential mobility fee rate per square foot for single-family residential uses. The residential mobility fee is set-up so that a 600 sq. ft. cottage pays a mobility fee for 600 sq. ft. If a single-family house is 4,000 square foot, the mobility fee will be based on 4,000 sq. ft. The calculation of mobility fees on a per sq. ft. fee is consistent with how the building industry prices permits. The City Council may wish to establish a maximum square footage for which a single-family residential mobility fee would be assessed that differs from the Mobility Fee schedule. The calculated mobility fee per use is provided in the mobility fee schedule (Table 12). The mobility fee is provided on a per sq. ft. basis. For uses where the mobility fee is based on a unit of measure other than sq. ft., such as hotel or marina, the mobility fee schedule provides the per unit of measure for calculating the mobility fee. The mobility fees are rounded to the nearest hundredth place. Moving towards a per sq. ft. fee would bring non-residential fees into conformance with how they are actually calculated, as opposed to the standard practice of providing fees on a per 1,000 sq. ft. basis, which is based on the process established in the ITE Trip Generation Manual. Multi -family residential uses are assessed on a per bedroom basis. An additional residential use, known as Attainable Residential, has been established in support of affordable and workforce housing and is based on a per bedroom rate. In recognition of a housing trend towards smaller square foot residential dwellings, housing which meets the City's definition of Attainable Residential, or an accessory dwelling unit or tiny home may request that the Mobility Fee be assessed on either a per sq. ft. or per bedroom basis, whichever unit of measure would result in a lower mobility fee. The City may establish additional types of residential uses. The institutional, industrial, recreation, and office use categories in the proposed schedule represent the most common land use classifications. There are two (2) primary retail land use classifications that have been established to directly reflect the person travel demand impact for each use to the transportation system. The first (1st) retail land use classification, Local Retail (non -chain and non -franchisee) has been established to recognize that local uses do not have as great a travel demand impact as regional and national chains to the transportation system and therefore would pay a lower mobility fee rate. The second (2"d) retail land use classification is intended for all other types of commercial and retail uses. To reflect higher travel demand, there are also five (5) individual uses that will be assessed additive mobility fees in addition to any mobility fee assessed for buildings associated with the use. As more and more land uses downsize, a mobility fee based solely on building size does not fully capture the travel demand impact of certain high travel demand uses. The following Mobility Fee schedule illustrates the mobility fee rates per use based on the applicable unit of measure (Table 12). 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 57 Page 699 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Use Categories, Use Classifications, and Representative Uses Mobility Fee Single -Family Residentialper sq. ft. $1.92 Multi -Family Residential' per bedroom $1,233 Attainable Residential 1&2 per bedroom $929 Overnight Lodging' (Bed & Breakfast, Hotel, Inn, Motel, Resort, SRO, Vacation Rental) per room $1,906 Recreational Vehicle Park (RVs, Tiny Homes on Wheels, Travel Trailers) per space or lot $1,207 Long Term Care (Assisted Living, Congregate Care, Group Home, Nursing Home) per sq. ft. $1.31 6 6 e ® e Community Serving (Day Care, Place of Assembly or Worship, Private School) 1111, 11 $1.87 11M 6 6 6 Industrial (Brewing, Fabrication, Distribution, Manufacturing, Utility) $1.37 Commercial Storage (Mini Warehouse, Warehouse, Boat, RVs & Other Outdoor Storage) 3 $0.74 e ® e Marina (including Yacht Club) per berth $695 Entertainment & Recreation, Outdoor per acre $4,129 Entertainment & Recreation, Indoor (Fitness, Kid & Family Play, Sports, Studios, Theater) per sq. ft. $3.26 6 6 Office (Bank, Financial, General, Higher Education, Professional) $2.72 Medical Office (Clinic, Doctor, Dentist, Emergency, Health, Hospital, Veterinary, Wellness) $5.60 Local Retail (Commercial, Restaurant, Sales, Services, Vehicles) 4,' per sq. ft. $3.39 Retail (Commercial, Restaurant, Sales, Services, Vehicles) 6 per sq. ft. $6.78 Bank Drive-Thru Lane or Free -Standing ATM per lane or ATM 6 $11,993 Motor Vehicle & Boat Cleaning (Detailing, Wash, Wax) per lane or stall 7 $6,999 Motor Vehicle Charging & Fueling per charging or fueling position $ $13,915 Pharmacy Drive-Thru per lane a $9,284 Quick Service Restaurant Drive-Thru per lane 10 $31,428 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 58 Page 700 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` s 00 ' Residential uses and overnight lodging within vertical mixed-use buildings shall pay the applicable mobility fee rates for the residential and overnight lodging use. Any non-residential use within the vertical mixed-use buildings that is not directly affiliated with the residential or overnight lodging use shall pay the applicable mobility fee. Any residential use that meets the City definition of Attainable Residential or is an accessory dwelling unit or tiny house, may request that the mobility fee be assessed on either a per sq. ft. or per bedroom basis, whichever unit of measure results in the lowest mobility fee. Square footage is habitable and living space with climate control. Z Attainable Residential includes affordable and workforce housing meeting City, County, or State criteria for defining affordable and workforce housing. Micro -units, studios, or active adult (senior housing) units less than 750 sq. ft. are also included (units greater than 750 sq. ft. considered multi -family). Where a unit does not have a defined bedroom(s), the unit itself would be considered a bedroom. 'Acreage for any unenclosed material and vehicle storage, sales and display shall be converted to square footage. ' Local is defined as a commercial or retail use with five (5) or fewer location statewide, no national locations, non -chain and non -franchisee owned. 'Square footage shall be based on gross sq. ft. under roof or canopy and all areas used for outdoor display, sales, seating, and storage not under roof or canopy. ' Each bank building shall pay the office mobility fee rate for the square footage of the building. Drive-thru lanes, free-standing ATM's and drive-thru lanes with ATM's are assessed a separate mobility fee per lane or per ATM and are added to any mobility fee associated with a bank building. The free-standing ATM is for an ATM only and not an ATM within or part of another non-financial building, such as an ATM within a grocery store. ' Motor Vehicle & Boat cleaning mobility fee rates shall be calculated based on the number of stalls, lanes, or drive-thru lanes associated with the cleaning, detailing, washing, and waxing of motor vehicles and boats. The mobility fee is an additive fee and is assessed in addition to the retail mobility fee per square foot for any building which will be occupied and be used for interaction with customers. Buildings for storage or maintenance of equipment would be considered ancillary to the use itself and would not be assessed a mobility fee per sq. ft. based on the applicable retail rate. ' Rates per vehicle charging or fueling position apply to any retail uses with vehicle charging or fueling, whether a convenience store, gas station, general store, grocery store, supermarket, superstore, variety store, wholesale club or service stations with charging stations or fuel pumps. In addition, there shall be a separate retail mobility fee per square foot for any building. The number of charging or fueling positions is based on the maximum number of vehicles that could be charged or fueled at one time. ' Any drive-thru associated with a pharmacy will be an additive fee in addition to the retail mobility fee per square foot of the building. The number of drive-thru lanes will be based on the number of lanes present when an individual places or pick-up a prescription or item. "Any drive-thru associated with a quick service restaurant will be an additive mobility fee in addition to the retail mobility fee per square foot. The number of drive-thru lanes will be based on the number of lanes present when an individual places and / or picks -up an order. The quick service restaurant drive-thru rate applies for any type of retail building, whether a multi -tenant or free-standing building. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 59 Page 701 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The following are a few examples for how the mobility fee would be calculated for a use: Single Family Residential (2,000 sq. ft.) Mobility Fee: 2,000 sq. ft. x $1.92 per sq. ft. _ $3,840 (rounded) Multi -Family Residential (1,100 sq. ft. and two bedroom) Mobility Fee: two bedrooms x $1,233 per bedroom = $2,466 (rounded) Attainable Residential (700 and one bedroom) Mobility Fee: one bedroom x $929 per bedroom = $929 (rounded) Overnight Lodging (100 rooms) Mobility Fee: 100 rooms x $1,906 per room = $190,600 Entertainment & Recreation, Outdoor per acre (10 acres) Mobility Fee: 10 acres x $4,129 per acre = $41,290 Office (3,000 sq. ft.) Mobility Fee: 3,000 sq. ft. x $2.72 per sq. ft. _ $8,160 (rounded) Doctors Office (4,000 sq. ft.) Mobility Fee: 4,000 sq. ft. x $5.60 per sq. ft. _ $22,400 (rounded) Local Retail (2,500 sq. ft.) Mobility Fee: 2,500 sq. ft. x $3.39 per sq. ft. _ $8,475 (rounded) Chain Restaurant (3,500 sq. ft.) Mobility Fee: 3,500 sq. ft. x $6.78 per sq. ft. _ $23,730 (rounded) Convenience Store (5,000 sq. ft.) with 20 Fueling Positions (10 Gas Pumps) Additive Mobility Fee: 5,000 x $6.78 per sq. ft. _ $33,900 + 20 x $13,915 per position = $312,200 Mobility Fee: $33,900 + $278,300 = $312,200 uick Service Restaurant (1,250 sq. ft.) with two (2) Drive-Thru Lanes Additive Mobility Fee: 1,250 x $6.78 per sq. ft. _ $8,475 + 2 x $31,428 per lane = $42,994 Mobility Fee: $8,475 + $62,856 = $71,331 Bank (3,000 sq. ft.) with two (2) Drive-Thru ATM Lanes Additive Mobility Fee: 2,500 x $2.72 per sq. ft. _ $8,160 + 2 x $11,933 per lane = $23,866 Mobility Fee: $8,160 + $23,866 = $32,026 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 60 Page 702 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` A comparison between the City of Boynton Beach Mobility Fee and the existing Palm Beach County road impact fee has been prepared (Appendix K). The comparison shows what the closest comparable County road impact fee would be to the City's Mobility Fee. It should be noted that this is not an apples -to -apples comparison. The County's road impact fee is based on rates from there 2011 impact fee study and there 2017 impact fee study. The County elected to pick and choose whatever rate it deemed appropriate. The County's road impact fees are not based on the most recent and localized data as required by Florida Statute. The County road impact fee also uses a consumption -based methodology that is just based on an adopted level of service standard, not a road project the County actually intends to construct. The Boynton Beach Mobility Fee uses a plan -based methodology where the Mobility Fee is based on the cost to construct real world projects. The County road impact fee uses vehicle miles of travel and trip lengths that it deemed appropriate. The City Mobility Fee uses person miles of travel, person miles of capacity, person travel demand, and trip lengths based on NHTS data for southeast Florida. The City Mobility Fee is also based on information as of 2021, the County last updated its study in 2017. Further, the County picked and choose rates from the 2011 and 2017 road impact fee calculations. The unit of measure used by the County also differ from the Mobility Fee. The City's Mobility Fee was also calculated per 1,000 sq. ft. to allow for a better comparison to the County's road impact fee (Appendix K). The calculation is for comparison purposes only, the Mobility Fee proposed for adoption is provided on Table 12. Based on the comparative analysis, the proposed Mobility Fee is slightly lower across all categories. Thus, per Florida Statute, the City could make the Mobility Fee effective the day of 2nd reading and adoption of the implementing ordinance, since Statute does not require a 90 -day waiting period if a mobility fee is lower than what is currently being assessed on new development and redevelopment. Any use that has not yet paid their road impact fee to the County could elect to the pay the City's Mobility Fee, even if a building permit application has been filed with the City. If a developer has already paid the County, it would be the responsibility of the developer to request a refund from the County, which the County may or may not grant. The Mobility Fee is proposed to be assessed at building permit application and collected prior to building permit issuance. While the comparison is a useful metric, the Mobility Fee is based on the City's Complete Streets Mobility Plan and the County's is not. The uses listed in the City and County fee schedule are not the same, a best fit analysis with the City's fee was made to allow for the comparison. For anyone desiring to understand the County road impact fee, they should contact the County. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 61 Page 703 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The benefit test of the dual rational nexus test requires that local governments establish separate areas within which mobility fees collected are earmarked for expenditure. It is recommended, given the relatively compact nature of the City, that a single Mobility Fee Benefit District be established. (Appendix Q. The limits of the Mobility Fee Benefit District are greater than the Mobility Fee Assessment Area in recognition that person travel does not stop at City limits. There may be some instances where the City may wish to provide funding to an adjacent municipality, the County, or State to make a multimodal improvement outside City limits that provides a benefit to those who pay the fee within the City. The approximate limits are Hypoluxo to the north, US Hwy 1 and the Intercoastal to the east, the City limits, and the L 30 canal to the south, and Military Trail to the west. The enactment of a Mobility Fee Benefit District ensures that mobility fees collected within the Benefit District are expended on multimodal projects that provide a mobility benefit to new development and redevelopment within the City that pay the mobility fee. The establishment of a Mobility Fee Benefit District ensures that the second requirement of the dual rational nexus test is met by clearly defining where funds are collected and where they are expended. The establishment of a Mobility Fee Benefit District also ensures that the land uses within the District that pay the fee are provided the benefit of mobility from the multimodal projects to be funded within the District. The following are definitions of unique terms referenced in the mobility fee Technical Report. These definitions will be incorporated by reference into the implementing mobility fee ordinance: AssessmentArea shall mean a geographic area of the City where mobility fees are assessed on new development, along with redevelopment, change or use and expansion of a use that generate an increase in person travel above the current use of land. Attainable housing shall mean multifamily affordable and workforce housing units which meet City, County, or State criteria for defining affordable and workforce housing. Micro -units, studios or active adult (senior housing) units less than 750 sq. ft. are also included (units greater than 750 sq. ft. are considered multi -family). When a unit does not have a defined bedroom(s), the unit itself would be considered a bedroom. Autonomous transit shuttle shall mean a vehicle that uses artificial intelligence, sensors and global positioning system coordinates to drive itself with or without the active intervention of a human operator. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 62 Page 704 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Bank Drive-Thru Lane or Free -Standing ATM shall mean any drive-thru lane used for banking purposes such as deposits, withdrawals, balance inquires, or bill pay. The drive-thru may include either a teller window, pneumatic device for transferring banking information or funds, or an Automated Teller Machine (ATM). This use also includes free standing bank drive-thru lanes and freestanding walk-up or drive-thru ATM machines. An ATM inside or attached to a building that has a use open to the public or end user and is not just a standalone ATM structure or building shall not be assessed a fee. The fee shall be based upon the total number of drive-thru lanes with a banking window, pneumatic device or ATM and/or the total number of free-standing ATM's. Bedroom shall mean a defined area principally for sleeping and shall include a closet and at least one window and one door for means of ingress and egress as required by the latest edition of the Florida Building Code. Benefit District shall mean areas designated in the applicable mobility fee ordinance where fees that are paid by development are expended. Capacity shall mean the maximum sustainable flow rate, at a service standard, at which persons or vehicles reasonably can be expected to traverse a point or a uniform section of a bicycle facility, pedestrian facility, roadway, or shared -use multimodal facility during a given time -period under prevailing conditions. For transit, the capacity is the maximum number of persons reasonably accommodated riding a transit vehicle, along with the frequency and duration of transit service. Commercial Services and Retail Uses shall mean those commercial activities which provide for sale, lease or rent of products, services, accommodations or use of space to individuals, businesses, or groups and which include those uses specified in the ITE Trip Generation Manual under Land Use Code Series 800 and 900. Commercial Storage shall mean facilities or acreage in which one or more warehouses, storage units or vaults are rented for the storage of goods and/or acreage or is providing for the storage of boats, RVs, vehicle trailers and other physical items that are larger than what is typically stored within an enclosed structure. The acreage for outdoor storage, excluding drive aisles, buffers and stormwater management areas, shall be converted to square footage for purposes of calculating the fee. This shall not include an individual's personal property where such items are stored by the owner of the land and not for commercial purposes, subject to allowance by land development and zoning regulations. This use falls under ITE Trip Generation Manual under Land Use Codes in the 100 Series that include Warehouse in the use description. Community Serving shall mean those uses that are operated by a civic origination, governmental entity, non-profit, foundation, or fraternal organization, including places of assembly and worship, day cares, private schools, along with uses such as YMCA, museum, art studio, gallery, cultural center, community meeting spaces, community theater, library, or a fraternal or masonic lodge or club, or any community and civic based uses that do not sell retail goods or services for profit. Food, beverages, goods, and services maybe offered for ancillary fundraising to support the use. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 63 Page 705 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Complete Streets shall mean a transportation policy and design approach that requires multimodal transportation improvements to be planned, designed, operated, and maintained to enable safe, convenient, and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation and to allow for safe travel by those walking, bicycling or using other forms of non -motorized travel, riding public transit or driving motorvehicles or low speed electric vehicles. Complete Street Mobility Plan shall mean the plan adopted by the City of Boynton Beach that identifies multimodal projects to meet the future person travel demands of new development and redevelopment. Entertainment and Recreation, Indoorshall mean facilitiesthat primarilyfocus on individual orgroup fitness, exercise, training or provide recreational activities. The uses typically provide exercise, dance or cheerleading classes, weightlifting, yoga, pilates, cross -fit training, fitness and gymnastics equipment. Indoor commercial recreation also includes kid and family friendly activities such as bowling, pool, darts, arcades, video games, batting cages, trampolines, laser tag, bounce houses, skating, climbing walls, and performance centers. Food, beverages, equipment, and services maybe offered for ancillary sales. Entertainment and Recreation, Outdoor shall mean means outdoor recreational activity including land uses with miniature golf, batting cages, video arcade, bumper boats, go-carts, golf driving ranges, tennis, racquet or basketball courts, soccer, baseball and softball fields, paintball, skating, cycling or biking that require paid admittance, membership or some other type of fee for use. Buildings for refreshments, bathrooms, changing and retail may be included. The fee shall be based upon the total acreage of the facility for active uses outside of buildings and all buildings used to carry out a primary function of the land use activity. Areas for parking, buffers and stormwater that are not active features of the land use are excluded from the fee acreage. The use would generally fall under the ITE Land Use Code 400 series. Entertainment and Recreation Uses shall mean those public or quasi -public uses that serve a community's social, cultural, fitness, entertainment and recreational needs, which include applicable land uses specified in the ITE Trip Generation Manual under Land Use Code Series 400 and 500. Industrial shall mean those activities which are predominantly engaged in building and construction trades, the assembly, finishing, processing, packaging, and/or storage, or distribution of goods or products, utilities, recycling, waste management and uses that include brewing and distilling that may have taps, sampling or tasting rooms, and include those uses specified in the ITE Trip Generation Manual under Land Use Code Series 000 and 100 but excluding governmental uses and warehouses. Industrial uses typically have ancillary office space and may have display or merchandise display areas for various trades and industries that are not open to the general public. Industrial uses are also located in land uses and zoning districts intended for industrial uses. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 64 Page 706 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Industrial Uses shall mean those activities which are predominantly engaged in the assembly, finishing, processing, packaging, and/or storage, warehousing or distribution of products and which include those uses specified in the ITE Trip Generation Manual under Land Use Code Series 000 and 100 but excluding governmental uses. Institutional Uses shall mean those public or quasi -public uses that serve one or more community's social, educational, health, cultural, and religious needs and which include those uses specified in the ITE Trip Generation Manual under the Land Use Code Series 500, and includes Land Use Codes 253, 254, 255, and 620. Land Use Codes 540 and 550 are included in office uses and 580 and 590 falls under Community Serving. ITE Trip Generation Manual shall mean and refer to the latest edition of the report entitled "Trip Generation" produced by the Institute of Transportation Engineers (ITE), and any official updates hereto, as approved by Public Works. Level of Service (LOS) shall mean a quantitative stratification of the level of service provided to a by a facility, roadway, or service stratified into six letter grade levels, with "A" describing the highest level and "F" describing the lowest level: a discrete stratification of a level of service continuum. Local Retail shall mean those activities which provide for sale, lease or rent of products, good, services, consumption, accommodations or use of space to individuals, businesses, or groups, is locally owned, and which include those uses specified in the ITE Trip Generation Manual under Land Use Code Series 800 and 900. Local is defined as a commercial or retail use with five orfewer location statewide, no national locations, non -chain and non -franchisee owned. Long Term Care shall mean communities designed for long term care of on-site residents, such as assisted living facilities, congregate care facilities, group homes and nursing homes, with common dining and on-site health facilities for residents that is not a general retail or commercial use open to the public. This use includes ITE Trip Generation Manual Land Use Codes 253, 254, 255, and 620. Low Speed Streets shall mean a multimodal transportation facility based on either the Dutch Woonerf concept that treats all modes equally with no defined spaces for any mode or bicycle boulevards which feature pavement markings, signage and posted speed limits. Low speed streets also include shared streets which typically do not have raised curbs, distinct pavement markings, traffic control devices, defined parking spaces, or vehicular speed limit signs or have posted speed limits 15 MPH or less. Low speed street often features signage and sometimes a speed limit that indicates there are multiple users of the shared street. Marina shall mean facilities that provide docks and berths for boats, including yacht clubs. Any buildings for shops, retail, or restaurants would fall under the retail land use and pay the mobility fee rate for retail uses. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 65 Page 707 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Medical Office shall mean a building or buildings that provide medical, dental or veterinary services and care. Medical office shall also include any clinics, emergency care uses, hospitals and any uses specified in the ITE Trip Generation Manual under Land Use Code Series 600, including Land Use Code 720. Land Use Code 620 is included under Long Term Care land uses. Micromobility shall mean electric powered personal mobility devices such as electric bicycles, electric scooters, hoverboards, One -Wheel, Unicycle, electric skateboards and other electric assisted personal mobility devices. Low speed vehicles such as golf carts or mopeds are not considered personal micromobility devices. Microtransit Vehicle shall mean low speed vehicles such as autonomous transit shuttles, golf carts neighborhood electric vehicles, or trolleys subject to requirements established by a governmental entity responsible for approval, permitting or regulating said vehicles. Mobility shall mean the ability to move people and goods from an origin to a destination by multiple modes of travel in a timely (speed) manner. Mobility Fee shall mean a monetary exaction imposed on new development or redevelopment that generates personal miles of travel above the current use of land to fund multimodal projects identified in a mobility plan. Mobility Fee Off -set shall mean the equivalent amount of a mobility fee associated with an existing use of a building that is being redeveloped or where a change of occupancy or use is requested. The equivalent mobility fee shall be based on the current use of the building, or the most recent use of the building for a vacant building. Upon demolition of a building, offsets shall be available for up to five years from the date of demolition, unless otherwise provided for in a written agreement with the City or specified in an implementing ordinance. Mobility Hub shall mean a centralized location with a covered shelter designed to accommodate micromobility devices, bicycle sharing, car -sharing, and provide a safe and convenient location for drop-off and pick-up of people riding transit, microtransit and ride -hailing services. Mode shall mean the choice of travel that a person undertakes and can include walking, jogging, running, bicycling, paddling, scooting, flying, driving a vehicle, riding a boat, transit, taxi or using a new mobility technology. Motor Vehicle & Boat Cleaning shall mean a building, stalls, or stations for the cleaning, detailing, polishing, washing or waxing of motor vehicles or boats which fall under the description of ITE Trip Generation Manual Land Use Code Series 800 and 900. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 66 Page 708 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Motor Vehicle Charging or Fueling shall mean the total number of vehicles that can be charged or fueled at one time (fueling positions). Increasingly, land uses such as superstores, (i.e., super Wal- Mart), variety stores, (i.e., dollargeneral), and wholesale clubs (i.e., Costco) are also offering vehicle fueling with or with/out small convenience stores. Outside of Florida, several grocery store chains are also starting to sell fuel. The mobility fee rate per fueling position would be in addition to any mobility fee per square foot under the applicable retail land use with vehicle fueling. Motor vehicle charging stations that do not require a customer to pay for charging are exempt from payment of the mobility fee. Multi -Family Residential shall mean a residential building with two or more dwelling unit that are not considered single-family attached and shall include those uses specified in the ITE Trip Generation Manual under the Land Use Codes 220, 221, 222, 223, 225, 231. Multimodal shall mean multiple modes of travel including, but not limited to walking, bicycling, jogging, rollerblading, skating, scootering, riding transit, driving a golf cart, low speed electric vehicle or motor vehicle. Multimodal projects shall mean improvements such as sidewalks, bike lanes, trails, paths, protected bike lanes, transit facilities, streetscape, landscape, roundabouts, raised medians, crosswalks, and high visibility crosswalks. Multimodal projects also include shared mobility programs and services, wayfinding, micromobility devices, programs and services, and microtransit vehicles and lanes. Improvements can include new or additional road travel lanes and turn lanes, complete and low speed streets, new or upgraded traffic signals, traffic synchronization, mobilization, maintenance of traffic, survey, geotechnical and engineering, utilities, construction, engineering and inspection, utility relocation, right-of-way, easements, stormwater facilities. Projects may also include the repayment of bonds, local match for federal, state and county funded projects, repayment of loans from the State of Florida Infrastructure Bank used to front-end the design and/or construction of multimodal improvements. Multimodal project expenses shall mean expenditures for: (a) the repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness then outstanding consistent with statutory allowances; (b) reasonable administrative and overhead expenses necessary or incidental to expanding and improving multimodal projects; (c) crosswalks, traffic control and crossing warning devices, landscape, trees, multimodal way finding, irrigation, hardscape, and lighting related to projects; (d) micromobility devices, programs and services, (e) transit circulators, facilities, programs, shuttles, services and vehicles; (f) reasonable expenses for engineering studies, stormwater reports, soil borings, tests, surveys, construction plans, and legal and other professional advice or financial analysis relating to projects; (g) the acquisition of right-of-wayand easementsforthe improvements, includingthe costs incurred in connection with the exercise of eminent domain; (h) the clearance and preparation of any site, including the demolition of structures on the site and relocation of utilities; (i) floodplain compensation, wetland mitigation and stormwater management facilities; (j) all expenses incidental 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 67 Page 709 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other forms of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness; (k) reasonable costs of design, engineering and construction, including mobilization, maintenance of traffic during construction and CEI (construction engineering and inspection) services of related projects, (1) city administration, implementation updates to the mobility plan and mobility fee, including any assessments, counts or studies needed for projects. Office shall mean banks, financial services, general office, higher education, and professional activities primarily involving the provision of professional or skilled services, including but not limited to accounting, legal, real estate, insurance, financial, engineering, architecture, accounting, and technology. Banks and credit unions are also included in this land use with a separate fee calculated per drive-thru lane or free-standing ATM. Office Uses shall mean those businesses which provide professional services to individuals, businesses, or groups and which include those uses in the ITE Trip Generation Manual under Land Use Code Series 600 and 700 and includes Land Use Codes 540, 550, 911 and 912. Land Use Code 620 is included under institutional uses. Bank drive-thru lanes pay a separate mobility fee from bank and financial institution buildings. Off-site improvement shall mean improvements located outside of the boundaries of the parcel proposed for development. Access improvements required to provide ingress and egress to the development parcel, which may include rights-of-way, easements, paving of adjacent or connecting roadways, turn lanes and deceleration/acceleration lanes, sidewalks, bike lanes, trails, paths, transit stops along with required traffic control devices, signage, and markings, and drainage and utilities, shall be considered on-site improvements. Overnight Lodging shall mean places of accommodations, such as bed and breakfast, inns, motels, hotels and resorts that provide places for sleeping and bathing and may include supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, and limited recreational facilities (pool, fitness room) intended for primary use by guest and which include those uses specified in the ITE Trip Generation Manual under the Land Use Code Series 300. Overnight lodging shall also include single room occupancy (SRO) for limited duration and vacation rentals to the extent neither are governed by State pre-emption. Person Miles of Capacity (PMC) shall mean the number of persons "capacity" that can be accommodated, at a determined standard, on a facility while walking, bicycling, riding transit, driving or using a mobility assisted device over a defined distance. Person Miles of Travel (PMT) shall mean the number of miles traveled by each person on a trip to account for all miles traveled by, but not limited to, motorvehicle, transit, walking, bicycling or some other form of person powered, electric powered or gasoline powered device. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 68 Page 710 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Person Travel Demand (PTD) shall mean travel demand from new development and redevelopment which results in an increase in travel over the existing use of land based on trip generation, pass -by trips, person trip factor, person trip length, person miles of travel, limited access factor, and origin and destination factor for the uses established in the mobility fee schedule. Person Trip shall mean a trip by one person by one or more modes of travel including, but not limited to, driving a motor vehicle or low speed electric vehicle, riding transit, walking, bicycling or form of person powered, electric powered or gasoline powered device. Pharmacy Drive-Thru shall mean the drive-thru lanes associated with a pharmacy. The number of drive-thru lanes will be based on the number of lanes present when an individual places or pick-up a prescription or item. The fee per drive-thru is in addition to the retail fee per square foot for the pharmacy building. Quick Service Restaurant Drive-Thru ne shall mean a drive-thru lane associated with a quick service restaurant where an order for food is placed or a pick-up / delivery lane where an order is picked - up by a customer that placed an online order or a delivery service. The vehicle will proceed to one or more common pick-up windows, lockers, stations, or functional equivalent after the order has been placed. The number of drive-thru lanes shall be based upon the total number of lanes, not the number of windows where an order is picked -up. Some drive-thru lanes may be opened longer than the restaurant is open. The fee per restaurant drive-thru is in addition to the fee assessed for the building in which the quick service restaurant is located based on the square footage of the restaurant. Quick service restaurant drive-thru lanes maybe located in multi -tenant retail buildings, free-standing retail buildings, or free-standing quick service restaurants. Quality of Service (QOS) shall mean a quantitative stratification of the quality of service of personal mobility stratified into six letter grade levels, with "A" describing the highest quality and "F" describing the lowest quality: a discrete stratification of a quality -of -service continuum. Recreational Vehicle Park shall mean land uses for the temporary or permanent placement of RVs, Tiny Homes on Wheels, or Travel Trailers within predefined lots or spaces that have connections for communications, electric, water and wastewater. Parks may have common amenities and building with recreation uses, laundry and park office. Residentialsquarefeet shall mean the sum of the area (in square feet) of each floorof the residential use, measured from the exterior surface of the exterior walls or walls adjoining public spaces such as multifamily hallways, or the centerline of common walls shared with other dwelling units. This square footage includes habitable and livable spaces that are climate controlled. The square footage does not include unconditioned garages or unenclosed areas under roof. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 69 Page 711 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` Retail shall mean those activities which provide for sale, lease, or rent of products, good, services, consumption, accommodations or use of space to individuals, businesses, or groups and which include those uses specified in the ITE Trip Generation Manual under Land Use Code Series 800 and 900 or as defined in the City's land development regulations. Residential Uses shall mean a dwelling unit and shall include those uses specified in the ITE Trip Generation Manual under the Land Use Code Series 200. Single -Family Residential shall mean a single-family attached or single family detached residential dwelling and shall include those uses specified in the ITE Trip Generation Manual under Land Use Codes 210, 220, 240, 265, and 270. Residential includes tiny homes and accessory dwelling units. Residential and Lodging Uses shall mean a dwelling unit or room in overnight accommodations or mobile home or RV park and shall include those uses specified in the ITE Trip Generation Manual under the Land Use Code Series 200 and 300 and land use code 416. Land use codes 253, 254, and 255 are considered institutional uses. Service Standard shall mean the adopted or desired quality or level of service for a bicycle facility, pedestrian facility, roadway, shared -use multimodal facility, or transit. Square feetshall mean the sum of the gross floor area (in square feet) of the area of each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all areas that have floor surfaces with clear standing head room (six feet six inches, minimum) regardless of their use. If a ground level area, or part thereof, within or adjacent to the principal outside faces of the exterior walls is not enclosed and is determined to be a part of the principal use, this gross floor area is considered part of the overall square footage of the building. This includes areas for outdoor display, seating, storage, and waiting. This would not include areas for buffers, vehicle circulation and parking (except for parking areas designated for eating in a vehicle), and stormwater. Streetscape shall mean hardscape elements such as pavers, benches, lighting, trash and recycling receptacles, fountains, seating, shade structure, crosswalks, landscape elements such as canopy and understory trees, shrubs, bushes, grasses and flowers, green infrastructure and architectural structures and projections that provide shade and protection from various weather conditions. Vehicle Miles of Travel (VMT) shall mean a unit to measure vehicle travel made by a private motor vehicle, such as an automobile, van, pickup truck, or motorcycle where each mile traveled is counted as one vehicle mile regardless of the number of persons in the vehicle. VMT is calculated by multiplying the length of a road segment by the total number of vehicles on that road segment. Vehicle Trip shall mean a trip by one person driving a motor vehicle or a motorcycle. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 70 Page 712 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` The City of Boynton Beach's Mobility Fee is based upon the multimodal projects included in the City's Complete Streets Mobility Plan. The Complete Streets Mobility Plan is a 25 -year vision for moving people and providing choices through expansion of the City's multimodal transportation network through construction of bike lanes, paths, sidewalks, and trails. The Complete Streets Mobility Plan also proposes the conversion of major corridors through the City to complete streets and boulevards that promote redevelopment and encourage mobility through walking, bicycling, scooting and riding microtransit circulators. The City will continue to work with the County, FDOT, adjacent Cities, the Treasure Coast Regional Planning Council (TCRPC) and the Palm Beach County TPA in a cooperative manner to improve transportation mobility within and surrounding the City. A mobility fee is a streamlined, equitable way for new development to continue to mitigate its impact to the multimodal transportation system. The Mobility Plan projects are based on the projected increase in person miles of travel from new development and redevelopment, between 2020 and 2045, within and around the City; consistent with the "needs" requirement of the dual rational nexus test. The Mobility Fee is based on the projected increase in person miles of travel (PMT) within and adjacent to the City. The Mobility Fee is also based on the person travel demands attributable to new development and is roughly proportional to the impact of the development on the City's transportation system, consistent with Florida Statute. The implementation of a Mobility Fee Benefit District, where a mobility fee paid by new development and redevelopment is to be expended to fund the multimodal projects identified in the Mobility Plan, thus ensuring that the mobility fee will meet the "benefits" requirement of the dual rational nexus test. The City's mobility fee will be the only "fee" assessed on new development and redevelopment within the City, in order to offset the impact of that new development and redevelopment on the City's multimodal transportation system. The City of Boynton Beach will replace the County's existing roads impact fee with a Mobility Fee system that will be effective within the Mobility Fee Assessment Area. The City will determine how Mobility Fee revenues are allocated and expended through its annual Capital Improvements Program. Mobility Fee revenues may be expended on multimodal projects identified in the Mobility Plan within the Mobility Fee Benefit District, so long as the multimodal projects are included in the City's Capital Improvements Program. Within a year of adoption of the Mobility Plan and Mobility Fee, the City shall update its Comprehensive Plan to implement the Mobility Plan and reflect the adoption of a Mobility Fee. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 71 Page 713 of 849 DRAFT 2021 Complete Streets Mobility Plan & Mobility Fee J` It is recommended that the City move forward with adoption of the Complete Streets Mobility Plan and Mobility Fee. If the City desires to lower the fee, then it should consider including potential available funding sources to lower the Mobility Fee, as opposed to an arbitrary reduction of the Mobility Fee or a phased -in Mobility Fee. It is recommended that the City consider incorporating an annual inflation index in the Mobility Fee ordinance so future updates will feature smaller increases in the Mobility Fee rate. To ensure that the Mobility Plan and Mobility Fee is consistent with the Statutory requirement that fees be based on the most recent and localized date, the Mobility Plan and Mobility Fee should commence with an update every three (3) years and be adopted no more than five (5) years from the date of last adoption. As new mobility technologies and shared mobility services evolve, the City will consider future updates to its Complete Streets Mobility Plan and Comprehensive Plan to promote the movement of people through multiple modes of travel. The person travel demand for each land use included in the Mobility Fee schedule meet the "rough proportionality test" established through case law and Florida Statute 163.31801. The new growth evaluation demonstrates that new development is not being assessed more than its fair share of the cost of the Complete Streets Mobility Plan. Payment of the Mobility Fee addresses full mitigation of the person travel demand generated by new development and redevelopment within the City. The Complete Streets Mobility Plan and the Mobility Fee are consistent with the requirements of Florida Statutes 163.3180 and 163.319801 and meet all legal requirements. 7 2021 NUE Urban Concepts, LLC. All rights reserved. Page 72 Page 714 of 849 t It Florida Department of Economic Opportunity (DEO) Mobility Guidance Page 715 of 849 aP—w,,r, 0 00 ( - Ct) s;A c .r 'o7 C1i1Nm< � � rm4p Transportation Planning Transportation Element s."1 3'77(6)(b). F Caor vti o Pi... no e' f bleoGC tante sg°^aIhlllphllllplPI g atm sues are h.I 11, FrId. iPrItho itme Multimodal Transportation pp p P1.11111119 contra res ro ' l N r-• M ( o napmex) m W rhar us the y ncPr"d and Vof'emm room rs, ,3rd ru rre ­II—on,_ arispod1drn network can Help orbate a sustanmle development pmtern thin uodnbutes ro thb community's prosperity, enhariubs d Apph-Itt irarisponabori bldacientry by minimizing vehicle gips arm uoninbutesro aM1emihier environment by rmudng air pollution arm greenbouse gas emissions_ onlipeaixstmiva F+L'.n «el governmenes comprehensive plan should Id— pohdbs ihatw,It acme a well conrahlplt III, support increased residential densities em uommerdal intensity, h arm �opne g emissions arm p tion, while vn pacP nd ra m he ass ardcrw ator_ ey ut mod sponator mr g re ode the m add 'll ry lo",t red an ghd nmwo o -d., ddr—dr, ar eri sar mew s ea ar —.11ba rarispone ion tie wor , oopn tie sf _commerc dr usesa rm pdpdat Crs' ar, rbrsbbs atirarst nkos oey paeP service e mores d m,ornmi y. .11—i;,,;ern rbasb me�1­1bar era, sponaro� anoi-, arm. pibd Atmmmotlate the fl ow of 1.,ghl 1hr-gh- the mate so iha the boor my ncdd,m ghb,_ AtIl-n-ansponadr, planning .Rome, su .(.), Florida Bimutes,a cr—sho rtl mpne as Cou rm dher out _Beowareamv p ofsuue mut motla ira sp e p g rts rFor tla. "Palm Beach COIYIIYI III planning i ,neporrmene of t;wwth lutonWcntene, l'ronmfwrtmlun vlonrilnn F}�n y Plan ireludes bansitoribntm soff Di rectory _ (Alpnabaelcal) au star mutimo atr mi onb sevbr me s ant iemobiliry options_ rrynarr rn n th in fT bbmo m b um r main wr--n abgonb g p a are as or, ra g r p rima ar pdh.n8 ar r ar b p rt w9ilnrtn mm nrba Complete Streets RdrdI ci(dr .ma) to uniry in tatty des geegra a r i Ir del zone, the commurnitye abllsheI acod�lin tens pp p p Imf y gr rbari g g r p al form aria to core - he uniry fitwithin ( c g . st se)ar mw p ar[ 01 Transportation Concurrency df compo��effiesofinelooal govemm es eansyo aebn Syme wnenthehpmieutea im dots ofmmr de empemere wonmemversety impact the sysl me mss ovalgwbmmenrsuomprbhbnslvb plan_ Bpeafemly, me mum gt rn—nt �pmn b y m comes, starmards, and str g ,mun g p 1-11s of sormco. g ethpp bon of traponanonconwrinrry �d soptior ele' Th govb pr p b ( sCwl-Adopt r ti ryfee copy ap comer "thin fo ows me p tea to aev bw Process p amermmeni to eliminate transponaeon eoneurr rat .state review_ 11 1.pone arisporte at rnpd­n1 a moptetl evesad serv'c _ teethe p m p inioncoreurr y rot mom adhere to the tratresponadr, planrdiing reydirementsdsetxlorg 183 311(B)(b) IF oma Btmutes_ Mobility Fee Based Plans el govb ico g to mpt an alb.dIv. mo v g v m tha neer one or more Orme moll arm tee g denenbdm sbrt n1 a3 a1 eo(s)(br Fonda Btabu inerpis�iryamdensltn sr g to faub—dev p p ems ma pp multimodal solutiCns, inuu g an g. pp p to)arm use mixes, Y lldtI I If All gn ng Ilrd,,iscou oriry to vvehue mobitlrysarm primary b—ty to ensuringasme,uomfonable, and awauive pedestrian environmentwdh convenient inerconnec iCn ransi_ mane thad dblyp y dr, nonvehicular modes d trnsponadr, where existing or planned community design Requirements for Transportation Concurrency Ira local govbmmem bl«xs to Heb banspohmmn uonwrdhq,it intim adhbrb ro cob ho—, bbldrdhly 163316o(6). Fonda Btmwb,. r, gd,dehhel, ar�ar s, an 11r,1-1, hlmoptbd pubs If s­cb,11 gd,dem app con I ­drdhly 11b p m�orc bss�o a,ubptbd st­soevanab pubs d sbrv,cm bndmentsro cob ­IaJ mfmb p ens plat, dd1­h1 bh the by meats oh 1—dr, 16331' 77(3). on a abs_ ar,sponamn impmxs for ml de dbrnbnm, inun m v p nm bg a pad (oals). cons�s bn m _ 6o(h)(h).oFmn a tips_ al g vb n 1 31 63(slln.Fmr be_ awtbs, arm m coordinab mm ntm g mmbnm hors pnrposb ofd m Idmon mem. g for meas m p std o- rsponaeon haube Links ore. r.ar a rr r .C. r, r.0 o, r+X"1 Ph IIJU S-111 11111111,,, f am 1, 11, F a.t 0 1IT11J D I.1.. ..cr 2611%r Ph IIJU SA, 11 g Fra r I J", 2045 Long Range Transportation Plan Cost Affordable Roads Page 717 of 849 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 111111111 Table 14. FDOT SIS Roadway Projects 12.3 Page 718 of 1 9 Beeline Hwy/SR-710 Intersection SIS001 from Blue Heron Blvd to it TSMO $1,295 $13,014 $14,309 Congress Ave Improvements Beeline Hwy/SR-710 SIS002 from Blue Heron Blvd to Widen 4L to 6L $2,022 $1,445 $119,775 $123,242 Northlake Blvd SIS003 I-95 C 10th Ave North Modify Interchange $1,467 $2,650 $6,246 $23,142 $33,505 Construct SIS004 I-95 C 45th St Diverging Diamond $1,846 $2,355 $2,488 $6,689 Interchange SIS005 I-95 C 6th Ave South Modify Interchange $5 $30 $5,761 $11,251 $17,047 SIS006 I-95 C Belvedere Rd Add 2nd NB to EB right turn lane $820 $3,126 $3,946 SIS007 I-95 C Belvedere Rd Modify Interchange $1,900 $3,444 $6,000 $30,887 $42,231 - Southbound Ramp SIS008 I-95 C Central Blvd Construct New Interchange $1,743 $4,475 $9,081 $63,038 $78,337 SIS021 I-95 C Boynton Beach Blvd Modify Interchange $1,457 $3,830 $19,050 $37,294 $61,631 SIS009 I-95 C Gateway Blvd Modify Interchange $3 $199 $10,416 $51,990 $62,608 SIS036 I-95 C Glades Rd Modify Interchange $1,757 $1,529 $3,286 SIS010 I-95 C Hypoluxo Rd Modify Interchange $6 $2,250 $948 $17,185 $20,389 Signalize NB Ramp, SIS011 I-95 C Indiantown Rd Add EB Lane on $472 $547 $7,229 $8,248 Indiantown SIS012 I-95 C Lantana Rd Modify Interchange $1,812 $2,030 $7,853 $19,986 $31,681 SIS013 I-95 C Linton Blvd Modify Interchange $2 $46 $1,517 $972 $2,537 SIS014 I-95 C Linton Blvd Modify Interchange $895 $12,030 $12,925 Add turn lanes, SIS015 I-95 C Northlake Blvd lengthen ramps, $138 $16,847 $37,556 $54,541 access mgmt Add right turn from SIS016 I-95 C Okeechobee Blvd EB Okeechobee $309 $1,148 $1,456 Blvd to SB I-95 SIS017 I-95 C Palm Beach Lakes Modify Interchange $100 $1,386 $12,993 $14,479 Blvd SIS018 I-95 C PGA Blvd Add Auxiliary Lane $749 $6,802 $7,551 to SB on-ramp SIS019 I-95 C Southern Blvd Modify Interchange $2,587 $7,750 $8,403 $106,923 $125,663 SIS020 I-95 C Woolbright Rd Modify Interchange $1,439 $1,120 $24,808 $12,714 $40,081 Add managed I-95 from Linton Blvd to lanes (potentially SIS025 Southern Blvd convert HOV, add 2 $6,000 $15,000 $5,000 $416,201 $442,201 managed Lanes (12 ��l total + aux) 12.3 Page 718 of 1 9 ti oil- • IRMA OOO�� ao OOOOOOOOo� r aaaai / :. • - . - Turnpike from WPB Service Widen 4L to 8L TPK005 plaza to Okeechobee Blvd with managed $16,380 $5,000 $344,230 $365,610 lanes Turnpike from Okeechobee Widen 4L to 8L TPK006 Blvd to SR-710/Beeline Hwy with managed $3,000 $135,700 $138,700 lanes Turnpike from SR -710/ TPK007 Beeline Hwy to Indiantown Widen 4L to 8L $21,545 $4,611 $375,238 $401,394 Rd Table 16. Palm Beach County Roadway Projects Small intersections and PBC001 Countywide Locations small capacity $34,293 $59,233 $218,225 $311,750 improvement projects PBC002 6th Ave S from I-95 to South A St Widen 4L to 6L $600 $900 $1,500 $3,000 PBC003 10th Ave from Congress Ave to Add 3rd WB thru $3,300 $4,950 $8,250 $16,500 I-95 lane PBC004 190th St North from 60th St N to New 4L $3,000 $4,500 $7,500 $15,000 northern terminus PBC005 45th St from E of Haverhill Rd to Widen 4/51- to 6L $2,160 $2,160 W of Military Trl PBC006 45th St at Military Trl Intersection $180 $5,000 $1,000 $6,180 improvements PBC007 45th St from Village Blvd to I-95 Widen 6L to 8L $400 $600 $1,000 $2,000 PBC008 45th St from I-95 to Congress Ave Intersection $420 $200 $2,200 $2,820 improvements PBC010 60th St North from 190th St N to New 4L $600 $900 $1,500 $3,000 M -Canal PBC011 60th St North from M -Canal to Widen 2L to 4L $1,100 $1,650 $2,750 $5,500 Seminole Pratt Whitney Rd PBC012 60th St North from Seminole New 4L $1,700 $2,550 $4,250 $8,500 Pratt Whitney Rd to 140th Ave N PBC121 60th St North from W of 140th Widen 2L to 3L, M $500 $2,310 $3,850 $7,700 Ave N to Avocado Blvd Canal relocation PBC013 60th St North from W of 140th Widen 3L to 5L $375 $750 $1,500 $2,625 Ave N to Avocado Blvd PBC014 60th St North from Avocado Blvd Widen 2L to 3L $200 $7,000 $7,200 to E of 120th Ave N PBC015 60th St North from Avocado Blvd Widen 3L to 5L $1,800 $2,700 $4,500 $9,000 toSR7 PBC018 Benoist Farms Rd from SR 80 to Widen 2L to 3L $5,200 $5,200 Belvedere Rd PBC019 Boca Rio Rd from Palmetto Park Widen from 2/31- $800 $1,200 $2,000 $4,000 Rd to Glades Rd to 5L PBC124 Center St from Loxahatchee Widen 2L to 3L $720 $1,080 $1,800 $3,600 12°5 River Rd to Alt Al A Page 720 of 1 9 Page 721 of 849 Central Blvd from Indiantown Rd Widen 2/31- to 5L PBCO21 to Roebuck Rd with new bridge $1,000 $1,500 $2,500 $5,000 over C-18 PBCO22 Church St from Limestone Creek Reconstruct 2L to include a $2,000 $2,000 Rd to W of Central Blvd roundabout PBCO23 Clint Moore Rd from W of Lyons Widen 4L to 6L $200 $2,500 $2,700 Rd to E of Lyons Rd PBCO24 Clint Moore Rd from Jog Rd to Intersection $1,700 $2,380 $4,080 Military Trl improvements PBCO27 Coconut Blvd from S of Temple Widen 2L to 5L $1,400 $1,500 $5,100 $8,000 Blvd to S of Northlake Blvd PBCO29 Congress Ave from Northlake New 3L $5,760 $6,000 $11,760 Blvd to Alt Al A PBC030 Coral Ridge Drive from Glades New 2L $1,040 $1,560 $2,600 $5,200 Rd to Burt Aaronson Park Dr PBC032 Donald Ross Rd from Prosperity Widen 4/51- to 6L $550 $1,900 $2,450 Farms Rd to Ellison Wilson Rd PBC033 Donald Ross Rd from Ellison Widen 4L to 6L $400 $600 $1,000 $2,000 Wilson Rd to US 1 PBC035 Flavor Pict Rd from SR 7 to Lyons Widen 2L to 4L $600 $900 $1,500 $3,000 Rd Flavor Pict Rd from Lyons Rd to New 4L, including PBC036 Hagen Ranch Rd bridge over $2,000 $3,000 $5,000 $10,000 Florida's Turnpike PBC118 Florida Mango Rd from 10th Ave Widen 2L to 3L $3,300 $3,300 North to N of Edgewater Dr PBC119 Florida Mango Rd from Widen 2L to 3L $1,900 $1,900 Edgewater Dr to Barbados Rd PBC117 Florida Mango Rd from Barbados Widen 2L to 3L $3,100 $3,100 Rd to N of Myrica Rd PBC120 Florida Mango Rd from Myrica Rd Widen 2L to 3L $2,200 $2,200 to Summit Blvd PBCO20 Forest Hill Blvd at Military Trl Intersection $2,485 $6,699 $5,082 $14,266 improvements PBC122 Gun Club Rd from E of Jog Rd to Widen 2L to 3L $100 $2,340 $2,440 W of Haverhill Rd PBC040 Happy Hallow Rd from Smith New 2L $650 $650 Sundy Rd to Lyons Blvd PBC041 Haverhill Rd from Le Chalet Blvd Widen 2L to 3L and construct $1,000 $1,500 $2,500 $5,000 to Hypoluxo Rd new 3L PBC042 Haverhill Rd at Belvedere Rd Intersection $380 $200 $2,100 $2,680 improvements PBC043 Haverhill Rd from Okeechobee Widen 5L to 6L $1,800 $2,700 $4,500 $9,000 Blvd to Community Dr PBC044 High Ridge Rd from Gateway Widen 2L to 5L $800 $1,200 $2,000 $4,000 Blvd to Miner Rd Page 721 of 849 Page 722 of 7 9 /; . f[f[i m" Toni o Nefflimism MIMING off •• NOW on �� • 9 in FOTAW • • • • • • •• • 00117 • • • •- • • --- --- off LVATI MA • • • • • itF.rmanireTiii4 in• • • • • •WMA FIVITtitum •al El A • •El ILOJI 111111brAl 111 If• AM 61 1 K61111�1 TA E, • • • • 1 •• •- - • • •�� •�� �I off Page 722 of 7 9 Island Way extension from PBC086 Jupiter Park of Commerce to New 3L $1,230 $1,845 $3,075 $6,150 Indiantown Rd PBC074 Northlake Blvd from 1-95 to Intersection $600 $900 $1,500 $3,000 Congress Ave improvements PBC082 Old Dixie Hwy from Yamato Rd Widen 2L to 3L $7,000 $10,000 $17,000 to Linton Blvd PBC083 Old Dixie Hwy from Yamato Rd Widen 3L to 5L $10,000 $15,000 $25,000 $50,000 to Linton Blvd PBC084 Old Dixie Hwy from Park Ave to Widen 3L to 5L $600 $900 $1,500 $3,000 Northlake Blvd PBC085 Orange Blvd from Seminole Pratt Widen 2L to 3L $200 $1,900 $2,850 $4,750 $9,500 Whitney Rd to Coconut Blvd PBC093 Park Ave West from Congress Ave New 3L $600 $900 $1,500 $3,000 to Old Dixie Hwy PBC094 Powerline Rd from Broward Widen 4L to 6L $1,300 $1,950 $3,250 $6,500 County Line to Palmetto Park Rd PBC100 Royal Palm Beach Blvd from N of Widen 2L to 5L $950 $8,100 $9,050 Persimmon Blvd to N of 60th St PBC101 Royal Palm Beach from N of 60th Widen 2L to 5L $6,000 $6,000 St S of Orange Blvd Royal Palm Beach from N of 60th St to Orange Blvd; Orange Blvd PBC102 from Coconut Blvd to Royal Palm Widen 2L to 5L $1,000 $4,400 $6,600 $12,000 Beach Blvd; Coconut Blvd from Orange Blvd to S of Temple Blvd PBC104 Seminole Pratt Whitney Rd from Widen 4L to 6L $1,000 $1,500 $2,500 $5,000 SR 80 to Okeechobee Blvd Seminole Pratt Whitney Rd from PBC105 Okeechobee Blvd to Sycamore Widen 4L to 6L $1,260 $1,890 $3,150 $6,300 Dr E PBC106 Seminole Pratt Whitney Rd from Widen 4L to 6L $1,140 $1,710 $2,850 $5,700 Sycamore Dr E to 60th St N PBC107 Seminole Pratt Whitney Rd from Widen 4L to 6L $840 $1,260 $2,100 $4,200 60th St N to Orange Blvd PBC108 Seminole Pratt Whitney Rd from Widen 4L to 6L $1,320 $1,980 $3,300 $6,600 Orange Blvd to Northlake Blvd Seminole Pratt Whitney Rd from PBC109 Northlake Blvd to 100th Lane Widen 2L to 4L $1,600 $2,400 $4,000 $8,000 North PBC110 Seminole Pratt Whitney Rd from New 4L $1,600 $2,400 $4,000 $8,000 100th Lane North to Avenir PBC111 Seminole Pratt Whitney Rd from New 4L $6,000 $9,000 $15,000 $30,000 Avenir to SR 710/Beeline Hwy PBC112 Sims Rd from Linton Blvd to New 3L $800 $1,200 $2,000 $4,000 Atlantic Ave PBC113 Summit Blvd from E of Florida Widen 4L to 5L $400 $600 $1,000 $2,000 Mango to W of 1-95 12°i PBC116 Yamato Rd from W of Lyons Rd Widen 4L to 6L $3,940 $3,940 to W of Turnpike Page 723 of 849 1 Existing Conditions Evaluation (ECE) Street Quality of Service (OOS) Page 724 of 849 Page 725 of 849 APPENDIX C: Existing Conditions Evaluation (ECE) & Street Quality of Service ID Road EM 2 Seacrest Blvd From Mentone Road To Miner Road Length (Miles) 0.5 Functional Class Maintenance Urban Collector County Number of Lanes 4 Speed Limit 35 QOS E 3 Seacrest Blvd Miner Road Gateway Blvd 0.5 Urban Collector County 4 35 E 4 Seacrest Blvd Gateway Blvd NE 10th Avenue 1 Urban Collector County 4 35 E 5 1 Seacrest Blvd NE 10th Avenue W. Boynton Beach Blvd 0.5 Urban Collector County 4 35 E 6 Seacrest Blvd W. Boynton Beach Blvd Woolbright Road 1 Urban Collector County 4 40 E 7 Seacrest Blvd Woolbright Road SW 23rd Avennue 0.55 Urban Collector County 4 40 E 8 Seacrest Blvd SW 23rd Avennue SE 27th Ave 0.25 Urban Collector County 4 40 E 9 Seacrest Blvd SE 27th Ave Gulfstream Blvd 0.9 Urban Collector County 2 40 E 10 Federal Hwy (US 1) Northern City Limits Gateway Blvd 0.35 Urban Minor Arterial FDOT 4 40 E 11 Federal Hwy (US 1) Gateway Blvd NE 15th Avenue 0.5 Urban Minor Arterial FDOT 4 40 E 12 Federal Hwy (US 1) NE 15th Avenue NE 10th Avenue 0.4 Urban Minor Arterial FDOT 4 35 E 13 Federal Hwy (US 1) NE 10th Avenue E Boynton Beach Blvd 0.5 Urban Minor Arterial FDOT 4 35 E 14 Federal Hwy (US 1) E Boynton Beach Blvd E Ocean Ave 0.15 Urban Minor Arterial FDOT 4 35 E 15 Federal Hwy (US 1) E Ocean Ave Woolbright Road 0.85 Urban Minor Arterial FDOT 4 35 E 16 Federal Hwy (US 1) Woolbright Road SE 23rd Avenue 0.5 Urban Minor Arterial FDOT 4 35 E 17 Federal Hwy (US 1) SE 23rd Avenue Gulfstream Blvd 1.151 Urban Minor Arterial FDOT 4 35 E 18 Congress Ave Lateral Canal Gateway Blvd 0.25 Urban Principal Arterial FDOT 6 45 E 19 Congress Ave Gateway Blvd Old Boynton Road 1 Urban Principal Arterial FDOT 6 45 E 20 Congress Ave Old Boynton Road W. Boynton Beach Blvd 0.25 Urban Principal Arterial FDOT 6 45 E 21 Congress Ave W. Boynton Beach Blvd Woolbright Road 1 Urban Principal Arterial FDOT 6 45 E 22 Congress Ave Woolbright Road SW 23rd Avennue 0.5 Urban Principal Arterial FDOT 6 1 45 E 23 Congress Ave SW 23rd Avennue Southern City Limits 1.6 Urban Principal Arterial FDOT 6 45 E 24 Hypoluxo Road High Ridge Road Lake Osborne Canal 0.35 Urban Minor Arterial County 6 45 E 25 Miner Road Summit Road Seacrest Blvd 0.4 Urban Collector County 2 30 D 26 Miner Road High Ridge Road Canal 0.6 Urban Collector County 2 35 E 26 Gateway Blvd Federal Hwy (US 1) NE 4th Avenue 0.15 Urban Collector City 2 25 C 27 Gateway Blvd NE 4th Avenue Seacrest Blvd 0.6 Urban Collector City 3 30 D 28 Gateway Blvd Seacrest Blvd Interstate 95 0.15 Urban Collector City 4 30 D 29 Gateway Blvd Interstate 95 High Ridge Road 0.2 Urban Minor Arterial City 6 30 D 30 Gateway Blvd High Ridge Road Congress Ave 1.2 Urban Minor Arterial City 6 45 E 31 High Ridge Road Northern City Limits Miner Road 0.45 Urban Collector County 2 30 D 32 High Ridge Road Miner Road NW 25th Avenue 0.35 Urban Collector City 2 30 D 33 High Ridge Road NW 25th Avenue Gateway Blvd 0.2 Urban Collector City 4 30 D 33 Ocean Ave Intercoastal Federal Hwy (US 1) 0.25 Urban Minor Arterial FDOT 2 30 D- 34 Ocean Ave Federal Hwy (US 1) Seacrest Blvd 0.4 Urban Collector City 2 30 D 35 SE 4th Street E Boynton Beach Blvd Federal Hwy (US 1) 0.8 Urban Collector City 2 25 C 36 E. Boynton Beach Blvd Federal Hwy (US 1) Seacrest Blvd 0.4 Urban Minor Arterial FDOT 4 35 E 37 W. Boynton Beach Blvd Seacrest Blvd Interstate 95 0.55 Urban Minor Arterial FDOT 4 35 E 38 W. Boynton Beach Blvd Interstate 95 Old Boynton Road 0.4 Urban Principal Arterial FDOT 6 35 E 39 W. Boynton Beach Blvd Old Boynton Road Congress Ave 0.7 Urban Principal Arterial FDOT 6 40 E 40 W. Boynton Beach Blvd Congress Ave Knuth Road 0.5 Urban Principal Arterial FDOT 6 45 E 41 Winchester Park Blvd Old Boynton Road W. Boynton Beach Blvd 0.3 Urban Collector City 4 25 C 42 Old Boynton Road W. Boynton Beach Blvd Congress Ave 0.8 Urban Collector County 2 30 D 43 Old Boynton Road Congress Ave Knuth Road 0.5 Urban Collector County 2 35 E 44 Woolbright Road Intercoastal Federal Hwy (US 1) 0.2 Urban Minor Arterial County 2 30 D 45 Woolbright Road Federal Hwy (US 1) Seacrest Blvd 0.3 Urban Minor Arterial County 4 30 D 46 Woolbright Road Seacrest Blvd Interstate 95 0.5 Urban Minor Arterial County 4 35 E 47 Woolbright Road Interstate 95 SW 8th Street 0.3 Urban Minor Arterial County 6 35 E 48 Woolbright Road SW 8th Street Congress Ave 0.8 Urban Minor Arterial County 6 1 35 E 49 SW 8th Street W. Boynton Beach Blvd Ocean Drive 0.25 Urban Collector City 2 25 C 50 SW 8th Street Ocean Drive Newlake Drive 0.35 Urban Collector City 2 30 D 51 SW 8th Street Newlake Drive Woolbright Road 0.4 Urban Collector City 4 30 D 52 SE 23rd Avenue Federal Hwy (US 1) Seacrest Blvd 0.4 Urban Collector County 2 30 D 53 SW 23rd Avenue Seacrest Blvd Interstate 95 0.5 Urban Collector County 2 35 E 54 SW 23rd Avenue Interstate 95 Congress Ave 1 Urban Collector County 2 35 1 E 55 Gulfstream Blvd W. Boynton Beach Blvd Seacrest Blvd 0.5 Urban Collector County 2 30 D 56 Interstate 95 Northern City Limit Gateway Blvd 1.15 Urban Principal Arterial FDOT 6 65 E 57 Interstate 95 Gateway Blvd W. Boynton Beach Blvd 1.5 Urban Principal Arterial FDOT 6 65 E 58 Interstate 95 IW. Boynton Beach Blvd lWoolbright Road 1 11 Urban Principal Arterial FDOT 6 65 E 59 Interstate 95 lWoolbright Road ISouthern City Limits 1 2.31 Urban Principal Arterial FDOT 6 65 E Notes: Data provided by the City of Boynton Beach Planning and GIS Departments. Segments based on posted speed limit. QOS based on QOS standards established in the Technical Report. Page 725 of 849 Traffic Analysis Zones (TAZs) Page 726 of 849 Boynton Beach Traffic Analysis Zones (TAZs) Page 7; Regional Travel Demand Network Page 728 of 849 Boynton Beach Vehicle Miles of Travel (VMT) Model Network Page 7; 2017 National Household Travel Survey Data Page 730 of 849 APPENDIX F: 2017 NATIONAL HOUSEHOLD TRAVEL SURVEY DATA FOR SOUTHEAST FLORIDA Number of Average Number of Person Person Miles PMi Vehicle Miles of Average Number of #of Person Vehicle Trip Purpose Trip Length Trips Person Trip Persons Trip Rate of Travel Rate Travel (VMi) Trip Vehicles per Vehicle Occupancy Length (PMT) Length Buy Goods, Meals, Services / Entertainment / Errands 2,235 495 4.52 973 1.97 4,454 2.03 2,191 4.94 443 879 1.98 Buy Meals 555 131 4.23 318 2.43 1,346 2.46 548 4.73 116 281 2.42 Religion / Child Care / School / Errand 332 88 3.77 156 1.77 606 1.94 312 4.73 66 128 1.94 Exercise / Errand 286 97 2.95 144 1.48 425 1.59 268 4.25 63 101 1.60 Entertianment / Exercise / Errand 705 159 4.44 284 1.79 1,373 2.00 685 5.85 117 215 1.84 Work / Medical / Errand 2,015 284 7.10 368 1.30 2,574 1.33 1,942 7.65 254 329 1.30 Home Based 2,394 504 4.75 961 1.91 4,564 1.99 2,298 5.50 418 830 1.99 Errand / Services 242 81 2.99 140 1.73 431 1.81 239 3.57 67 124 1.85 Total 7,040 1,366 5.15 2,452 1.80 12,296 1.81 6,788 5.79 1,172 2,153 1.84 Source: 2017 National Household Travel Survey Data for the Core Based Statistical Area (CBSA) #33100 Miami, Fort Lauderdale & West Palm Beach. A total of 1,367 unique trip surveys where evaluated based on trips of 30 miles or less in length. Trip purpose data aggregated by listed trip purpose. The total data is based on unaggreagated data from the 2017 NHTS for CBSA# 33100. Page 731 of 849 Florida Department of Transportation (FDOT) Generalized Service Volumes Page 732 of 849 Generalized Annual Average Daily Volumes for Florida's TABLE 1 Urbanized Areas z PEDESTRIAN MODE STATE SIGNALIZED ARTERIALS (Multiply motorized vehicle volumes shown below by number (Multiply motorized vehicle volumes shown below by number of FREEWAYS volumes.) Class I (40 mph or higher posted speed limit) Sidewalk Coverage B C D Paved Core Urbanized Lanes Median B C D E Lanes B C D E 2 Undivided * 16,800 17,700 ** 4 47,400 64,000 77,900 84,600 4 Divided * 37,900 39,800 ** 6 69,900 95,200 116,600 130,600 6 Divided * 58,400 59,900 ** 8 92,500 126,400 154,300 176,600 8 Divided * 78,800 80,100 ** 10 115,100 159,700 194,500 222,700 12 162,400 216,700 256,600 268,900 Class H (35 mph or slower posted speed limit) Lanes Median B C D E Urbanized 2 Undivided * 7,300 14,800 15,600 Lanes B C D E 4 Divided * 14,500 32,400 33,800 4 45,800 61,500 74,400 79,900 6 Divided * 23,300 50,000 50,900 6 68,100 93,000 111,800 123,300 8 Divided * 32,000 67,300 68,100 8 91,500 123,500 148,700 166,800 10 114,800 156,000 187,100 210,300 Non -State Signalized Roadway Adjustments Freeway Adjustments (Alter corresponding state volumes Auxiliary Lanes Ramp by the indicated percent.) Present in Both Directions Metering Non -State Signalized Roadways -10% +20,000 +5% Median & Turn Lane Adjustments UNINTERRUPTED FLOW HIGHWAYS Exclusive Exclusive Adjustment Lanes Median Leff Lanes Right Lanes Factors Lanes Median B C D E 2 Divided Yes No +5% 2 Undivided 8,600 17,000 24,200 33,300 2 Undivided No No -20% 4 Divided 36,700 51,800 65,600 72,600 Multi Undivided Yes No -5% 6 Divided 55,000 77,700 98,300 108,800 Multi Undivided No No -25% - - - Yes +5% Uninterrupted Flow Highway Adjustments Lanes Median Exclusive left lanes Adjustment factors One -Way Facility Adjustment 2 Divided Yes +5% Multiply the corresponding two -directional Multi Undivided Yes -5% volumes in this table by 0.6 Multi Undivided No -25% PEDESTRIAN MODE BICYCLE MODE (Multiply motorized vehicle volumes shown below by number (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to determine two-way maximum service volumes.) volumes.) Sidewalk Coverage B C D Paved 0-49% * * 2,800 9,500 Shoulder/Bicycle 15,800 85-100% 3,800 10,700 17,400 Lane Coverage B C D E 0-49% * 2,900 7,600 19,700 50-84% 2,100 6,700 19,700 >19,700 85-100% 9,300 19,700 >19,700 ** PEDESTRIAN MODE (Multiply motorized vehicle volumes shown below by number of directional roadway lanes to detentime two-way maximum service volumes.) Sidewalk Coverage B C D E 0-49% * * 2,800 9,500 50-84% * 1,600 8,700 15,800 85-100% 3,800 10,700 17,400 >19,700 BUS MODE (Scheduled Fixed Route)' (Buses in peak hour in peak direction) Sidewalk Coverage B C D E 0-84% > 5 > 4 > 3 > 2 85-100% > 4 > 3 > 2 > 1 'Values shown are presented as two-way annual average daily volumes for levels of service and are for the automobile/truck modes unless specifically stated. This table does not constitute a standard and should be used only for general planning applications. The computer models from which this table is derived should be used for more specific planning applications. The table and deriving computer models should not be used for corridor or intersection design, where more refined techniques exist. Calculations are based on planning applications ofthe Highway Capacity Manual and the Transit Capacity and Quality of Service Manual. ' Level of service for the bicycle and pedestrian modes in this table is based on number ofmotorized vehicles, not number ofbicyclists or pedestrians using the facility. s Buses per hour shown are only for the peak hour in the single direction of the higher traffic flow. * Cannot be achieved using table input value defaults. "Not applicable for that level of service letter grade. For the automobile mode, volumes greater than level of service D become F because intersection capacities have been reached. For the bicycle mode, the level of service letter grade (including F) is not achievable because there is no maximum vehicle volume threshold using table input value defaults. Source: Florida Department of Transportation Systems Planning Office www.dot.state.fl.us/i)lanning/,s,vstems/,s,iii/los/default.shtm 20.12 FDOI.. QUALITY/LEVEL OF .SERVICE HO�age ��� B�V49 TABLE 1 Generalized Annual Average Daily Volumes for Florida's (continued) Urbanized Areas iz/ia/iz INPUT VALUE ASSUMPTIONS Uninterrupted Flow Facilities interrupted Flow Facilities State Arterials Class I Freeways FrCore eeways Highways Class I Class II Bicycle Pedestrian ROADWAY CHARACTERISTICS Area type (u,lu) in in u u u u u u u u Number of through lanes (both dir.) 4-10 4-12 2 4-6 2 4-8 2 4-8 4 4 Posted speed (mph) 70 65 50 50 45 50 30 30 45 45 Free flow speed (mph) 75 70 55 55 50 55 35 35 50 50 Auxiliary Lanes (n,y) n n Median (n, nr, r) n r n r n r r r Terrain (1,r) 1 1 1 1 1 1 1 1 1 1 % no passing zone 80 Exclusive left turn lane impact (n, y) [n] y y y y y y y Exclusive right turn lanes (n, y) n n n n n n Facility length (mi) 4 4 5 5 2 2 1.9 1.8 2 2 Number of basic segments 4 4 TRAFFIC CHARACTERISTICS Planning analysis hour factor (K) 0.090 0.085 0.090 0.090 0.090 0.090 0.090 0.090 0.090 0.090 Directional distribution factor (D) 0.547 0.547 0.550 0.550 0.550 0.560 0.565 0.560 0.565 0.565 Peak hour factor (PHF) 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 Base saturation flow rate (pcphpl) 1,700 2,100 1,950 1,950 1,950 1,950 1,950 1,950 Heavy vehicle percent 4.0 4.0 2.0 2.0 1.0 1.0 1.0 1.0 2.5 2.0 Local adjustment factor 0.91 0.91 0.97 0.98 % left turns 12 12 12 12 12 12 % right turns 12 12 12 12 12 12 CONTROL CHARACTERISTICS Number of signals 4 4 10 10 4 6 Arrival type (1-6) 3 3 4 4 4 4 Signal type (a, c, p) c c c c c c Cycle length (C) 120 150 120 120 120 120 Effective green ratio (g/C) 0.44 0.45 0.44 0.44 0.44 0.44 MULTIMODAL CHARACTERISTICS Paved shoulder/bicycle lane (n, y) n, 50%, y n Outside lane width (n, t, w) t t Pavement condition (d, t, u) t On -street parking (n, y) Sidewalk (n, y) n, 50%, y Sidewalk/roadway separation(a, t, w) t Sidewalk protective barrier (n, y) n LEVEL OF SERVICE THRESHOLDS Level ofTwo-Lan Service Freeways Highways Arterials Bicycle Ped Bus Density Multilane Class I Class II Score Score Buses/hr. %ffs Density ats ats B < 17 > 83.3 < 17 > 31 mph > 22 mph < 2.75 < 2.75 < 6 C < 24 > 75.0 < 24 > 23 mph > 17 mph < 3.50 < 3.50 < 4 D < 31 > 66.7 < 31 > 18 mph > 13 mph < 4.25 < 4.25 < 3 E < 39 1 > 58.3 < 35 > 15 mph > 10 mph < 5.00 < 5.00 1 < 2 % ffs = Percent free flow speed ats = Average travel speed 20.12 FDOI' QUALITY/LEVEL OF .SERVICE HO�age ��� B�V49 Complete Streets Mobility Plan Projects Page 735 of 849 Appendix H: Complete Streets Mobility Plan Multimodal Projects Page 736 of 849 iu Reconstruct roadwayto add 0.25 milesof 8' on- SE1stStreettoWestofFEC street parking, 5'sidewal ks, 2'gutter and Bike, Pedestrian,& 0.25 $892,840.00 600 provide 10'wide travel lanes Road 1 EOcean Ave SW 3rd Street to FEC Add sharrow pavement markings and signs to Bike 0.66 $20,020.00 792 existing roadway section Reconstruct and relocate curb and stormwater toadd 0.82 milesof an 9' pathwayon north 2,952 side ofthe road NW 3rd Street to Federal Hwy Bike, Pedestrian & 0.82 $3,081,544.08 Road Reconstruct and relocate curb and stormwater 2 Boynton Beach Blvd to add 0.82 milesof a 15' shared use path on 3,936 south side Reconstruct and relocate curb and stormwater Western City Limitsto West of 1-95 to add 1.7mi lesof8' buffered bike lanes(both Bike, Road & 1.7 $4,646,148.00 12,240 Micromobility sidesof road) Reconstruct and relocate curb and stormwater Bike, Pedestrian, 3 Seacrest Blvd South City Limitsto Hypoluxo Rd to add 5.24 mil esof8' buffered bike lanes Road & 5.24 $15,599,984.40 50,304 (both sides) and an 8' pathway (one -side) Micromobility Add 1 mile of a 10' shared use path on west side of SE1st Street 3,600 Boynton Beach Blvd to Woolbright Rd, 4 SElst St 1'2 inc l uding pedestrian improvements along SE Bike & Pedestrian 1 $2,400,000.00 5th Ave from SE 1 St to Federal Hwy. Add 0.08 milesofa 5' sidewalk along the south side of SE 5th Ave 1,200 Reconstruct roadwayto add 0.91 milesof 8' on - 5 Martin Luther KingJ r Blvd NW 5th St to Federal Hwy street parking (both sides), 5'sidewalks(both Bike, Pedestrian,& 0.91 $3,506,815.00 2,184 sides), 2' gutter and provide 10'wide travel Road lanes Reconstruct and relocate curb and stormwater Bike, Pedestrian, 6 Congress Ave Miner Rd to Wooldbright Rd to add 3 miles of8' buffered bike lanes(both Road & 3 $8,902,886.20 32,400 sides)and 7'sidewalks(both sides) Micromobility Add pavement markingsfor 4' bike lanes (both 7 Gateway Blvd West Citlimits (Lawrence Rd) to Seacreast y aid es)and signs as part of resurfacingthe Bike, Road & 1.94 $74,620.00 9,312 ges to 80 at 1-95) (row changes Micromobility existing facility, for 1.94 miles Reconstruct roadwayto add 1.56 milesof5' 8 Old Boynton Rd City Limitsto Boynton Beach Blvd sidewalks, 8' buffered bike lanes, 2' gutter and Bike, Road & 1.56 $4,265,729.00 14,976 Micromobility provide 10'wide travel lanes(both sides) Gateway Blvd to Miner Rd, including bike 9 High Ridge Rd ° Ian ason Commerce Park Drive from High Widen .7 milesfrom 2 lanesto 4 lane divided Bike, Pedestrian& 0.7 $2,000,000.00 28,483 with 10'shared use paths(both sides) Road Ridge Rd to Boynton Beach Station Widen.96 miles from 2 lanesto 4 lane divided Bike, Pedestrian, Lake Ida Canal to High Ridge Rd with 8' buffered bike lanes (both sides) and 8' Road & 0.96 $3,433,820.00 41,366 pathway(one side) Micromobility 10 Miner Rd Reconstruct and widen .94 milesfrom rural 2 lane to suburban 2 lane divided with 8' Bike, Pedestrian, Lawrence Rd to E4 Canal Road & 0.94 $2,550,860.00 10,829 buffered bike lanes(both sides) and a 10' shared use path Micromobility Reconstruct and relocate curb and stormwater Bike, Road & Congress Ave to 1-95 to add 1.4 milesof8' buffered bike lane s(both 1.4 $3,833,122.80 10,080 sides) Micromobility Reconstruct and relocate curb and stormwater 11 Woolbright Rd to add 0.56 mil a sofan 9'shared use path on 1,344 north side ofthe road 1-95 to Federal Hwy Bike, Pedestrian & 0.56 $856,830.00 Road Reconstruct and relocate curb and stormwater to add 0.56 mil esof a 15' shared use trail on 2,688 south side Page 736 of 849 Page 737 of 849 IV Reconstruct road from rural Swale section to urban section with curb, gutter and closed Bike, Pedestrian, 12 SW 23rd Ave Congre ss Ave to Federal Hwy Road & 1.9 $4,980,300.00 18,240 stormwater system add 1.9 miles of8' buffered Micromobility bike lanes( both sides) and 8'shared use path. Reconstruct road from rural Swale section to urban section with curb, gutter and closed Bike, Pedestrian, 13 Golf Road City Western Li mitsto Congre ss Ave Road& 0.38 $1,135,225.00 3,648 stormwatersystem add 1.9 milesof8' buffered Micromobility bike lanes( both sides) and 8'shared use path. 14 Gulfstream Boulevard Se acrest Boulevard to Old Dixie Highway Add 0.16 milesof8' buffered bike lanesand 7' Bike, Pedestrian & 0.38 $886,665.00 3,420 sidewalk Micromobility Reconstruct road and add 0.51 milesof 10' Bike, Pedestrian & 15 SW 8th St From Boynton Beach Blvd to Wooldbright 1.02 $1,080,235.00 1,836 shared use path Road Reconstruct road and add 0.84 milesof8' Bike, Pedestrian, 16 Old Dixie Hwy SW 36th to Federal Hwy Road & 0.84 $2,370,745.00 9,072 buffered bike lanesand 10'shared use path Micromobility Add 1.22 milesof10' wide ADA compliant 17 Stanley Weaver Canal Congre ss Ave to Preserve Bike, & Pedestrian 1.22 $140,400.00 1,464 unpaved path Proposed Eco trail from Galaxy Elementary 18 Galaxy School-Eco Trail to preserve, this project includesa Add 0.7 milesof10'wide ADA compliant Bike & Pedestrian 0.7 $81,900.00 840 connection to exitingtrail along canal thru unpaved path NW 12th Ave From proposed boardwalksouth to connect Add a 0.12 milesofa 14' boardwalk Bike & Pedestrian 0.12 $468,000.00 576 at Seagate Riverwalk Pedestrian Boardwalk 19 connection 20 Space parking lot for boardwalk upland/ Add .1 milesofa 14' pedestrian connection connection and 5,000 square foot surface parking lot. Bike & Pedestrian 0.1 $4,281,420.00 480 20 Boynton Beach Mall Pathway From Congress alongthe west perimeter of Add 1.22 miles oft O'shared use path. Bike & Pedestrian 1.22 $234,000.00 4,392 the mall to Boynton Beach Blvd 21 - Boynton Beach Mall Bike lanes Congress Ave to Boynton Beach Mall Add .35 miles of 10'shared use path. Bike & Pedestrian 0.35 $68,250.00 1,260 22 ME ME 191IMEM1111111 NE4th St between Ocean Ave and Boynton Add 600 space parking structure with Transit & Intermodal Mobility Station N/A $31,200,000.00 12,000 Beach Blvd Intermodal Station of30,000 square feet Microt ransit Route to be determined connecting Tri Rail, People Mover Transit Circulator Intermodal Mobil ity Station,Downtown, Varying headway5 operating in mixed traffic Transit& 23 9.17 $1,950,000.00 26,410 (Phase 1) and attractorsand generators within the usingtransit and microtransit vehicles Microtransit City. Seacrest Blvd Stanley Weaver Canal High visibility crosswalk Bike & Pedestrian N/A N/A MLKJr Blvd (NE10thAve) Mid bl ockpedestrian crossing(East of High visibility crosswalk Bike & Pedestrian N/A N/A Seacreast -exact location TBD) Congress Ave Stanley Weaver Canal High visibility crosswalk Bike & Pedestrian N/A N/A Old Boynton Rd at the Boynton Beach Mall High visibility crosswalk Bike & Pedestrian N/A N/A 24 Boynton Beach Blvd at Knuth Rd High visibility crosswalk Bike & Pedestrian N/A $50,700.00 N/A Ocean Ave at NE lst St High visibility crosswalk Bike & Pedestrian N/A N/A High Ridge at School crossings High visibility crosswalk Bike & Pedestrian N/A N/A High Ridge at School crossings High visibility crosswalk Bike & Pedestrian N/A N/A High Ridge at School crossings High visibility crosswalk Bike & Pedestrian N/A N/A Page 737 of 849 Page 738 of 849 M�211 V, IV ; High Ridge Rd Gateway to Boynton Beach High (Boynton Add 10'shared use path Bike &Pedestrian 1.5 $286,000.00 5,400 Beach Community High School) Miner Rd Rolling Green Elementary Add 10'shared use path Bike & Pedestrian 0.4 $78,000.00 1,440 SW 11 Ave Forrest Park Elementary Add sharrow pavement markings and signs to Bike 0.4 $12,298.00 480 existing roadwaysection Ocean Dr Congress Middle School Addsharrow pavement markings and signs to Bike 0.7 $21,164.00 840 25 existing roadway section SW30th Ave SouthTech Academy Reconstruct and relocate curb and stormwater Bike, Road & 0.3 $294,580.00 2,160 to add 0.3 milesof 8' buffered bike lanes Micromobility ImagineChancellor Charter School and Lake Reconstruct and relocate curb and stormwater Bike, Road & High Ridge Rd 0.4 $688,480.00 2,880 Worth C hristian School to add 0.4 milesof8' buffered bike lanes Micromobility 26 Proposed new sidewalk and sidewalk re pairs Citywide Citywide a long multiple City Roads and in Pedestrian 80.60 $17,309,500.00 96,718 ne ighborhoods with 0-25 % existing sidewalks. 27 Safety enhancement as part of multimodal Install ADA Approved mat at approximate ly875 locations through the City. network expansion, to achieve desired QOS Pedestrian N/A $625,625.00 N/A and utilization and multimodal capacities. Safety a nhance me nt as part of multimodal Seacrest Blvd at Martin Luther KingJr Blvd network expansion, to achieve desired QOS Road N/A N/A and utilization and multimodal capacities. 28 Safety enhancement as part of multimodal Leisureville Neighborhood SW 19th Ave and SW 18th Ave network expansion, to achieve desired QOS Road N/A $390,000.00 N/A and utilization and multimodal capacities. Safety enhancement as part of multimodal SW 23rd Ave at Campanelli Blvd network expansion, to achieve desired QOS Road N/A N/A and utilization and multimodal capacities. Intersection Capacityand Safety Projects as 29 part of multimodal network expansion, to Intersection Projects Citywide Road N/A $2,600,000.00 6,000 achieve desired QOSand utilization and multimodal capacities. - - - pug is au.g aIu Notes: Projects based on Complete Streets Mobility Plan. Cost estimates based on the latest localized data within the City and supplemented by data from Palm Beach County, FDOT, and similar Florida based projects. Cost include design, inspection, utilities, and landscape based on 30% of construction cost. Where needed, the cost estimates also include the cost of right-of-way estimated at 30%of construction cost. These are planning level cost. M ore refined cost estimates to be provided as each project is designed. The multimodal capacities are based on the capacities established in the M obility Fee Technical Report multiplied by the length of the improvement. Where a description is singular, such as sidewalk, it means the sidewalk is on one side of the street only. Where a description is plural, such as buffered bike lanes, it means the bike lanes are provided on both sides of the street. Where capacity indicates an N/A, the particular project itself does not generate a quantifiable capacity. However, the project is a critical component for bike lanes, paths, sidewalks, and trails to achieve the capacities and utilizations assigned tothe facilities. If the overall multimodal network is not safe and is not interconnected, then the multimodal capacity benefit provided will only be utilized by persons with no other alternative. The corollary is a traffic signal, roundabout, orcrosswalk constructed as part of a road project. Each component is partof the design of the road and could be included inthe overall cost or provided as a separate project; inthis instance crossings and calming are called out as separate items as opposed to be included in overall projects. Page 738 of 849 Trip Generation Page 739 of 849 APPENDIX I: TRIP GENERATION Use Categories, Use Classifications, and Representative Uses Unit of Measure Trip Generation% New ITE Land Use Codes Trips Single -Family Residential per 1,000 sq. ft. 5.24 1.00 210, 220 z Multi-Family Residential per bedroom 3.68 1.00 220, 221, 222, 231, 251,s 252 Attainable Residential per bedroom 2.68 1.00 221,222,223,225,232,' Overnight Lodging (Bed & Breakfast, Hotel, Inn, Motel, Resort, SRO, Vacation Rental) per room 5.79 0.90 310, 311, 330 Recreational Vehicle Park (RVs, Tiny Homes on Wheels, Travel Trailers) per space or lot 3.30 1.00 416' Long Term Care (Assisted Living, Congregate Care, Group Home, Nursing Home) per 1,000 sq. ft. 5.42 0.90 254, 620 Community Serving (Day Care, Place of Assembly or Worship, Private School) per 1,000 sq. ft. 6.95 1.00 560 Industrial (Brewing, Fabrication, Distribution, Manufacturing, Utility) per 1,000 sq. ft. 4.09 0.90 110, 130, 140 Commercial Storage (Mini Warehouse, Warehouse, Boat, RVs & Other Outdoor Storage) per 1,000 sq. ft. 2.20 0.90 150, 151, 154, 155, 156, 157 Marina (including Yacht Club) per berth 2.41 0.90 420 Entertainment & Recreation, Outdoor per acre 14.32 0.90 432, 488, 491 6 Entertainment &Recreation, Indoor (Fitness, Kid &Family Play, Sports, Studios, Theater) per 1,000 sq. ft. 20.55 0.90 434, 435, 436, 437, 465,6 492,493'1 eMENEM= MEMO= No= MENEM= Office (Bank, Financial, General, Higher Education, Professional) per 1,000 sq. ft. 9.74 0.75 710 Medical Office (Clinic, Doctor, Dentist, Emergency, Health, Hospital, Veterinary, Wellness) per 1,000 sq. ft. 20.05 0.75 610, 650, 710, 720 Local Retail (Commercial, Restaurant, Sales, Services, Vehicles) per 1,000 sq. ft. 18.88 0.50 820 Retail (Commercial, Restaurant, Sales, Services, Vehicles) per 1,000 sq. ft. 37.75 0.50 820 Bank Drive-Thru or Free-Standing ATM 7 per lane / ATM 115.02 0.50 912 Motor Vehicle & Boat Cleaning (Detailing, Wash, Wax) per lane / stall 111.87 0.30 947,948, 949 Motor Vehicle Charging & Fueling 8 per charging or 222.43 0.30 853, 944, 945, 960 fueling position Pharmacy Drive-Thru 9 per lane 89.04 0.50 881 Quick Service Restaurant Drive-Thru 10 per lane 252.81 0.30 934, 935, 937 r The Trip Generation Rates are based on average trip generation rates for all referenced land uses underthe ITE Land Use Codes column. ITE Trip Generation Manual 10th Edition. 2 Residential trip generation rates -reconverted into trip rates per 1,000 square feet. The first step in the conversion was assigning the following unit sizes by type of unit: (210) single family detached (1,800 sq. ft.); (220) single family attached/ one or two story multifamily (1,400). The square footage of each unit type was divided by 1,000, then divided by the trip geration (tg) for each type of residential: (210) (1,800/1,000= 1.8; 9.44 (tg) / 1.8=5.24 ); (220) (1,400/1,000= 1.4; 7.32 (tg) / 1.4 = 5.23). The ana lysis results in a residential trip generation rate of 5.24 per 1,000 sq. ft. 3 Residential trip generation rates -reconverted into trip rates per bedroom. The first step in the conversion was assigning the following numberof bedrooms by type of unit: (220) single family attached/ one ortwo story multifamily (1.75 bedrooms); (221) multifamily (1.5 bedrooms); (222) multifamily highrise (1.25 bedrooms); (231) mid-rise residential with commercial (1.1 bedrooms); (251) SeniorAdult (1.1 bedrooms). The trip generation (tg) rate was then divided by the numberof bedrooms (bd) for each type of residential: (220) (7.32 (tg) / 1.75 (bd) =4.18 (tg/bd); (221) (5.44 (tg) / 1.5 (bd) = 3.63 (tg/bd); (221-Center City Core) (2.85 (bd) using peak hour equation); (222) (4.45 (tg) / 1.25 (bd) = 3.56 (tg/bd); (222-Dense Urban) (2.07 (bd); (231) (3.34 (tg) / 1.1 (bd) = 3.13 (tg/bd); (251) (4.27 (tg) / 1.1 (bd) = 3.88 (tg/bd); (252) (3.7 (tg) / 1.1 (bd) = 3.36 (tg/bd). The analysis results in a residentialtrip generation rate of 3.37 per bedroom. ° Residentialtrip generation rates are based on trip rates per bedroom ora unitfordense urban areas is considered equivelenttoa unit. For (221) Mid-Rise Residentail, the following rates were used: Dense M ulti-Use Urban (2.59 (tg); Center City (2.85 (tg) using peak todaily conversion). For (222) High-Rise Residentail, the following rates were used: Dense M ulti-Use Urban (2.07 (tg); Center City (2.16 (tg). The affordable housing and student housing rates are provided by bedroom. For affordable housing, the trip rates per bedroom were obtained the peak to daily conversion (sum of AM and PM Peak Hour Periods and applying a Peak to Daily Conversion of .1 (10%of daily traffic occurs during peak hours). The following are the rates for (223) affordable housing: General Urban 3.6; Dense Urban 2.2; Center City 1.55. For (225) student housing the following rates were used: adjacentto campus 3.15; over 1/2 mile from campus 3.95. For (232) High-Rise Residentail with retail, the following rates were used: Dense M ulti-Use Urban (2.6 (tg); Center City (1.2 (tg). Both 232 land uses were obtained using peak to daily conversion. The analysis results in a residential trip generation rate of 2.54 per bedroom. s ConvertedAM and PM Peak Hour Periods and applied a Peak to Daily Conversion of .1 (10% of daily traffic occurs during peak hours). 6 Golf driving range converted to acreage at two tee positions per one acre, Soccer Complex fields converted to acres at ratio of 2 acres per 1 field, Racquet/ Tennis Club assume 2 courts plus accessory buildings per acre, Utilized vehicle occupancy of 3 persons pervehicle. 7 The trip generation is based on the trip rate per drive-thru lane minus the trips associated with office uses, since the bank square footage, which may or may not contain office space beyond that fortellers falls under the office land use category. a The trip generation assoicated with vehicle fueling positions is based on the sum of trip generation perfueling positions (per identified ITE Land Use Codes). The trip generation for convenience stores or gas stations is calculated based onthe 820 land use rate of trips (37.75). The following are the numberof fuel positions foreach ITE Land Use Code: (853) 6 positions; (944) 6 positions; (945) 18 positions; and (960) 14 positions. The following are the sq. ft. used to calculate a retailtrip generation foreach ITE Land Use Code: (853) 3,000 sq. ft.; (944) 1,000 sq. ft.; (945) 3,000 sq. ft.; and (960) 4,000 sq. ft. The trip generation associated with the 820 land use is subtracted from the trip generation perfuel poistiong. The net trip generation is then divided by the total numberof fueling positions foreach of the ITE Land Use Codes. The trip rate of 223.43 is the net avergae rate perfuel position for the four ITE land use codes used in the analysis. 9 Per drive-thru lane calculated by taking the difference in trip generation with and without drive-thru, times 14 (14,000 / 1,000 sq. ft. - standard size of pharmacy) and divided by three to account fortypical numberof drive- thru lanes in free standing pharmacies. 10 The trip generation rate is derived by subtrating the average trip generation rate forfast casual and fastfood restaurants without drive-thru lanes from the avergae trip generation of fast food uses with drive-thru lanes. Page 740 of 849 1 Person Travel Demand Page 741 of 849 APPENDIX J: PERSON TRAVEL DEMAND (PTD) Person Person Person Limited Person Use Categories, Use Classifications, and Representative Uses Unit of Measure Trip Trip Miles of Access Travel 11111M= Factor Length Travel Factor Demand Single -Family Residential per 1,000 sq. ft. 1.91 EMEMEM 4.75 47.54 14.26 7.13 Multi -Family Residential per bedroom 1.91 4.75 30.57 9.17 4.59 Attainable Residential per bedroom 1.91 4.75 23.04 6.91 3.46 Overnight Lodging (Bed & Breakfast, Hotel, Inn, Motel, Resort, SRO, Vacation Rental) per room 1.91 4.75 47.28 14.18 7.09 Recreational Vehicle Park (RVs, Tiny Homes on Wheels, Travel Trailers) per space or lot 1.91 4.75 29.94 8.98 4.49 Long Term Care (Assisted Living, Congregate Care, Group Home, Nursing Home) per 1,000 sq. ft. 1.77 3.77 32.55 9.77 4.88 Community Serving (Day Care, Place of Assembly or Worship, Private School) per 1,000 sq. ft. 1.77 3.77 1 46.38 13.91 6.96 Industrial (Brewing, Fabrication, Distribution, Manufacturing, Utility) MENEMM per 1,000 sq. ft. 1.30 Em 7.10 Em 33.98 10.19 5.10 Commercial Storage (Mini Warehouse, Warehouse, Boat, RVs & Other Outdoor Storage) per 1,000 sq. ft. MEMEM 1.30 7.10 18.28 5.48 2.74 Marina(includingYachtClub) per berth 1.79 BE 4.44 17.24 5.17 2.59 Entertainment & Recreation, Outdoor per acre 1.79 4.44 102.43 30.73 15.36 Entertainment & Recreation, Indoor (Fitness, Kid & Family Play, Sports, Studios, Theater) per 1,000 sq. ft. 1.48 2.95 80.75 24.22 12.11 eEEEE=E= Office (Bank, Financial, General, Higher Education, Professional) per 1,000 sq. ft. 1.30 7.10 67.43 ME 20.23 10.11 Medical Office (Clinic, Doctor, Dentist, Emergency, Health, Hospital, Veterinary, Wellness) per 1,000 sq. ft. 1.30 7.10 138.80 41.64 20.82 ME= Ad iiiii� Local Retail (Commercial, Restaurant, Sales, Services, Vehicles) per 1,000 sq. ft. 1.97 ME 4.52 84.04 25.21 12.61 Retail (Commercial, Restaurant, Sales, Services, Vehicles) per 1,000 sq. ft. 1.97 4.52 168.07 50.42 25.21 Bank Drive-Thru or Free -Standing ATM per lane / ATM 1.73 2.99 297.48 89.24 44.62 Motor Vehicle & Boat Cleaning (Detailing, Wash, Wax) per lane / stall 1.73 2.99 173.60 52.08 26.04 per charging or Motor Vehicle Charging & Fueling 1.73 2.99 345.17 103.55 51.78 fueling position Pharmacy Drive-Thru per lane 1.73 2.99 230.29 1 69.09 1 34.54 Quick Service Restaurant Drive-Thru per lane 2.43 4.23 779.58 1 233.87 1 116.94 Source: Person Trip Factor and Person Trip Length data based on 2017 National Household Travel Survey (Appendix F). Limited Access Adjustment based on the Southeast Regional Planning Model (SERPM 8.504). The Person Travel Deamnd calculated perthe City of Boynton Beach Complete Street Mobility Plan and Mobility Fee Technical Report. Page 742 of 849 Comparison of Roads Impact Fees to Mobility Fees Page 743 of 849 Appendix K: Comparison to City of Boynton Beach Mobility Fee Schedule (10/05/2021). Version 1.3 ILLUSTRATION ONLY FEE per f 000 Sq. Ft. or j Palm Beach ,,, Use Categories, Use Classifications, and Representative Uses specific unit of measure -ri...... ;,;, County Road Impact Fee Unit of Measure Mobility Fee k a (2020) Single -Family Residential per 1,0oosq. ft. $ 2,268 rMMMMMMMA 4,717 Multi-Family Residential' per bedroom $ 1,593 [[[[ '"?:"__ _€€€_' "-��- / $ 2,929 Attainable Residential &2 per bedroom $ 1,160 "'� $ 2,929 Overnight Lodging' (Bed &Breakfast, Hotel, Inn, Motel, Resort, SRO, Vacation Rental) Perroom 2 $ 1 � 33 1,948 Recreational Vehicle Park (RVs, Tiny Homes on Wheels, Travel Trailers) per Space / loi $ 1,4,28 O' r,,; ,, ,,, �� r� � " $ 1,741 Long Term Care (Assisted Living, Congregate Care, Group Home, Nursing Home) per 1,000 Sq. ft. $ 1,466 =___ °, / $ 1,551 Community Serving (Day Care, Place of Assembly or Worship, Private School) per 1,000 Sq. ft. $ 2,102 i 2,100 Industrial (Brewing, Fabrication, Distribution, Manufacturing, Utility) per 1,000sq. ft. $ 1,351 1,522 Commercial Storage (Mini Warehouse, Warehouse, Boat, RVs & Other Outdoor Storage) s per 1,000 Sq. ft. $ 726 777 independent Marina (including yacht club) per berth $ 685 , / //// Calculation independent Entertainment& Recreation, Outdoor peracre $ 4,072 calculation ft. independent Entertainment & Recreation, Indoor (Fitness, Kid & Family Play, Sports, Studios, Theater) per 1,000 5q, $ 3,210 [[[[ assn, calculation r Office (Bank, Financial, General, Higher Education, Professional) per 1,000 Sq. ft. $ 2,787 3,418 Medical Office (Clinic, Doctor, Dentist, Emergency, Health, Hospital, Veterinary, Wellness) per 1,000 Sq. ft. $ 5,738 7,891 Local Retail (Commercial, Restaurant, Sales, Services, Vehicles) 4 &5 per 1,000 Sq. ft. $ 3,608 ,/,�,, $ 8,023 Retail (Commercial, Restaurant, Sales, Services, Vehicles) 5 per 1,000 Sq. ft. $ 7,215 8,023 lane/ATM independent Bank Drive-Thru or Free-Standing ATM per $ 12r771 calculation Motor Vehicle & Boat Cleaning (Detailing, Wash, Wax) per lane or stall $ 8,149 _ / %/„ / $ 6,109 Motor Vehicle Charging &Fueling s per charging or $ 13,662 ` t ` „ independent fuelin osition / �� calculation independent Pharmacy Drive-Thru 9 per lane $ 9,886 =____ j j / j calculation / independent Quick Service Restaurant Drive-Thru 1O per (ane $ 34,988 �. calculation i Residential uses and overnight lodging within vertical mixed-use buildings shall pay the applicable mobility fee rates for the residential and overnight lodging use. Any non-residential use within the vertical mixed-use buildings that is not directly affiliated with the residential or overnight lodging use shall pay the applicable mobility fee. Any residential use that meets the City definition of Attainable Residential or is an accessory dwellingunit or tiny house, may request that the mobility fee be assessed on either a per sq. ft. or per bedroom basis, whichever unit of measure results in the lowest mobility fee. Square footage is habitable and living space with climate control. ' Attainable Residential includes affordable and workforce housing meeting City,County, or State criteria for defining affordable and workforce housing. Micro-units, studios or active adult (senior housing) units less than 750 sq. ft. arealsoincluded (units greater than 750 sq. ft. considered multi-family). Where a unit does not have a defined bedroom(s), the unit itself would be consid ered a bedroom Attainable Residential includes affordable and workforce housing meeting City, County, or State criteria for defining affordable and workforce housing. Micro-units, studios, or active adult (senior housing) units less than 750 sq. ft. arealsoincluded (units greater than 750 sq. ft. considered multi-family). Where a unit does not have a defined bedroom(s), the unit itself would be consid ered a bedroom. 3 Acreage for any unenclosed material and vehicle storage, sales and display shall be converted to square footage. 4 Local is defined as a commercial or retail use with five (5) or fewer location statewide, no national locations, non-chain and non-franchisee owned. 3 Square footage shall be based on gross sq. ft. under roof or canopy and all areas used for outdoor display, sales, seating, and storage not under roof or canopy. 'Each bank building shall pay the office mobility fee rate for the square footage of the building. Drive-thru lanes, freestanding ATM's and d rivethru lanes with ATM's are assessed a separate mobility fee per lane or per ATM and are add ed to any mobility fee associated with a bank building. The freestand ing ATM is for an ATM only and not an ATM within or part of another non -financial building, such as an ATM within a grocery store. 7 Motor Vehicle & Boat cleaning mobility fee rates shall be calculated based on the number of stalls, lanes, or drive-thru lanes associated with the cleaning, detailing, washing, and waxing of motor vehicles and boats. The mobility fee is an add itive fee and is assessed in add ition to the retail mobility fee per sq uare foot for any build ing which will be occupied and be used for interaction with customers. Build ings for storage or maintenance of equipment would be considered ancillary to the use itself and would not be assessed a mobility fee per sq. ft. based on the applicable retail rate. s Rates per vehicle charging or fueling position apply to any retail uses with vehicle charging or fueling, whether a convenience store, gas station, general store, grocery store, supermarket, superstore, variety store, wholesale club or service stations with charging stations or fuel pumps. In ad dition, there shall be a separate retail mobility fee per square foot for any building. The number of charging or fueling positions is based on the maximum number of vehicles that could be charged or fueled at one time. 9 Any drive-thru associated with a pharmacy will be an additive fee in addition to the retail mobility fee per square foot of the building. The number of drive-thru lanes will be based on the number of lanes present when an individual places or pick-up a prescription or item. ­y d rive-thru associated with a quick service restaurant will be an additive mobility fee in addition to the retail mobility fee per square foot. The number of drive-thru lanes will be based on the number of lanes present when an individual places and / or picks-up an order. The quick service restaurant d rive-thru rate applies for any type of retail building, whether a multi-tenant or freestanding build ing. Mobility Fee Benefit District Page 745 of 849 Boynton Beach Mobility Fee Benefit District Page 7d A i i To-] I Towel z n ff 1 t WITIOTIM701W.1rik u NUE URBAN CONCEPTS LAND USE • MOBILITY • PARKING • FEES Page 747 of 849 Page 748 of 849 R NUE URBAN CONCEPTS LAND USE • MOBILITY • PARKING FEES www.nueurbanconcepts.com Jonathan B. Paul, AICP 4 Principal, NUE Urban Concepts, LLC 8/01, Over 25 years of land use, transportation & impact / mobility fee experience. 8110, Masters in Urban & Regional Planning from University of Florida and Masters in Public Administration from University of South Florida. 8110, Served as Concurrency & Impact Fee Manager for Alachua County & Interim Transportation Planning Director for Sarasota County. 8110, Created the tst Mobility Plan and Mobility Fee in Florida. Completed Mobility Plans & Fees: Alachua, Sarasota & Osceola Counties Cities of Altamonte Springs, Dade City, DeBary, Maitland, Miami Beach, Palm Beach Gardens, Venice & West Palm Beach. Mobility Plans & Fees Underway: Cities of Bradenton, North Port, St. Augustine, St. Cloud & Tallahassee. Miami -Dade, Leon, Okaloosa & Walton Counties & Sarasota County update. © 2021 NUE Urban Concepts, LLC. All Rights Reserved Page 750 of 849 Page 751 of 849 Congestion Problem or Prosperity? "Peak -hour congestion is the b a I a n ci nc:ym e c Ir"i, a ni s m that makes it possible for Americans to pursue goals they value, such as working while others do, living in low- density settlements, and lr­tiavirinc:ymany cir"tioices of places to live and work." Anthony Downs Stuck in Traffic SR 54 & US 41 Pasco County, Florida (D 2021 NUE Urban Concepts, LLC. All Rights Reserved Is Can a community build its way out of Congestion? Katy Freeway - Houston TX 2,6 i''i e s WI e 12 main lanes 8 feeder lanes 6 managed lanes Result: Silowe�v' '1"�i-z,'�Ivel Sp,ee((,,,,i i"i c i, ez,"u,,",;, e �I i"i ( ii'z',,isl""tes (D 2021 NUE Urban Concepts, LLC. All Rights Reserved Page 754 of 849 Why is the City Developing a Mobility Fee? • To ensure fees paid by new development in the City are expended (spent) in a timely manner within or adjacent to the City to provide mobility projects ;l t1 r %c f n. ,', � n ry 'n f • To ensure the City has the ability to prioritize mobility projects that best meets the needs of the City • To advance mobility projects through Bonding, Florida State Infrastructure Bank, public/private partnerships, etc. • To replace transportation concurrency & proportionate share & provide an alternative to road impact fees © 2021 NUE Urban Concepts, LLC. All Rights Reserved How are Impact Fees different from Mobility Fees? • Primary purpose to fund adding road capacity • Based on general per mile cost of capacity, not specific projects • Based on vehicle miles of travel • Utilizes segment -based road level of service (LOS) standards M o b o F �,,e i • Spent to fund bike lanes, sidewalks, trails, transit & roads • Based on multimodal projects in Mobility Plan • Based on person miles of travel • Utilizes areawide LOS standards & multimodal QOS standards QOS = Quality of Service © 2021 NUE Urban Concepts, LLC. All Rights Reserved acl �.. �Road p 2003 to 2020 Expenditures $1,096,226 2003 to 2020 Collection $30,050685 Page 757 of 849 Total ollediOnas Ip er Y 2003 1,208,289.00 Ex a.4hurres: $ 3,339,365.00 2005 5,572,449.00 2006 Zone 4 2007 $ 1,121,407.00 2008 Zone 5 2009 147,172.00 2010 $ 105,842.00 prel Nome Eoipaaldronrures Too pac Nr PMJ Naar Expelwe"Wims 2013 2003 Congne:ss Ave - Mine, Rd/Hypoluxo S 472.00 $ 472.00 2016 fl 2017 $ 694,860.00 2018 Gateway Blvd .MiZ-y T,L/C..gress $ 208.00 2020 $ 791,419.00 0 $ 30,050,685.00 2004Lawrence R&GatewayfHYpoluxo $ 1,080..00 $ 1,288.00 0 $ ^ $ . 2005 0 '$ $ . 20,060 $ 5 0 'S 5 2001 0 S $ 0 $ 2006 0 $ - $ 0 2009 Wool6right Rd/Corporata D,Seacrest Blvd, $ 71,173,..00 $ 71,173..00 0 2010 W.0Abdght Rd/Corporate D,5eacrest Blvd'.. S 25,414..00 $ 25,414..00 0 2011 Woolhcight Rd/C rporat 0 5 rest Blvd $ 269,15700 $ 269,167.00 �0 2012 Woolhc ght Rd/Corporate 0r•5eacre,, Blvd $ 339,981.00 $ 339,981 30 0 20,13 ' $ $ .. 0 $, 2014 0 $ $ 0 2015 Gateway Blvd ✓'s High RidRe Rd I,ntersectiion $ 44,578..00 $ 44,578..00 0 2016 Gateway Blvd 8. High Rudge Rd Intersection $ 95,764.00 $ 95.,754.00 SE. 23rd Ave And Federal Hughway IottersecY:ion. $ 1,42100 $ 1,421 D0 2017 Gateway Blvd 8 High Ridge lid Intersection $ 24,541..00 $ 24,591..00 SE. 23rd Ave And Federal Mghway Intersection 18,824!00 $ 18.,834.00 2018 GatewayBlvd It High Rad a Rd Intersection $ 3,277..00 $ 3,.277.90 SE 23rd Ave And Federal Highway Inttersection. $ 17,444 X00 $ 17,449.00 Wo016sight Rd Seacrest. Blvd Intersection $ 347.00 2019 Gateway Blvd 'dr High Ridge Rd Intersection $ 15,713,.00 16,050..00 SE 23rd Ave And Federal Highway Inte—aion $ 6,625,00 6,826.00, Gateway Blvd k High R¢dge Rd Imterscctiiom $ 51,007..00 Woolbright Rd Seacrest BWdl Intersection $ 70,174..00 Mincer Rd'... and C.ngre:ss Ave. Intersection $ 13,375 00 2020 Gateway Blvd. !u. Lawrence Rd.. Intersection $ 11,991..00 j 146,547..00 5 E 23rd Ave And federal Highway inter—tion $ 13,,314.00 $ 13,394.00 Total Expenditures for Zone 4 $ 1,038,312..00 11fortail. Expenditures for Zone 5 $ 57,814.00' Total Expenditures for Zone 4 and 5 $1,096,226.00 Page 757 of 849 Total ollediOnas Ip er Y 2003 1,208,289.00 2004 $ 3,339,365.00 2005 5,572,449.00 2006 6,421,101,00 2007 $ 1,121,407.00 2008 1,712,978.00 2009 147,172.00 2010 $ 105,842.00 2011 $ 170,32100 2012 624,757.00 2013 $, 912,538.010 2014 $ 663,777.00 2015 $ 2,451,262.00 2016 $ 1,659,649.010 2017 $ 694,860.00 2018 $ 773,199.00 2019 $ 1,680,288.00 2020 $ 791,419.00 $ 30,050,685.00 SCXACO"a � r,j v.), rxvou On I ',4 �CXAJ, fX11,01m) 2 (ND.1 N.X.14 AD N T,Cftat EAP4dP-rVt1U1'e�; �Ier'Vft N'Toraf, `rjihecf,d€gin& per VIA 2003 to 2020 Expenditures $1,096,226 2003 to 2020 Collection $30,050685 —U11111 A.'XP 2WS 2 M 5 2101111 2 311 2012 21113 201,11 10 15 M16 ZOV? 11,012 2019 20G9.q Yew Page 758 of 849 CITY OF BOYNTON BEACH COMPLETE STREETS ITY PLAN NUE URELAN CONC M0811 L LAND USE, MOBILITY- PARKING -FEES COMPREHENSIVE PLAN& TRANSPORTATION PLANSEPARE PLNLV ANNIG-EEL COST ESTIMATES FOR EACH COMPLETE REETS PROJECT POPULATION, EMPLOYMENT, AFFIC DEMONSTRATED (�; j� n/ii/i�lr�/Iii/�i��i� D (I ST OF THE DUAL RATIONAL NEXUS TEST) IMODAL CAPACITY X JECT LENGTH CLING, STREETS, TRANSIT, MINA LKING MPILE CAPACITY, COST, PROJECT PRIORITIZATIONS BIKE LANES, PATHS, SIDEWALKS, 9 2921 RUE Uphan Euncepts, LILL All Rights Reserved, STREETS, TRAms, TRANSIT www.nuourbanconcepts.com &q(f)(8 CIRCULATOR & TRANSIT STATION Page 759 of 849 11a1ul lull � - �. j --.■ ITAXI •��''� ' 0 TSE A NUE URBAN CONC FITSo�SIG� LAND USE - MOBILITY - PARKIN - FEES MOTOR VEHICLE 92021 NUE Urban Concepts, I.I.C. All Rights Reserved. www.nuourbanconcepts.com (*@T(a Page 760 of 849 Exis-fling Plains • Future Land Use & Transportation Elements • BB CRA Redevelopment Plan • BB Greenway, Blueway, & Trails Plan • BB Climate Action Plan • CIP / Existing Planned Improvements • Roadway Capacity Improvement Projects Table 10. Roadway Capacity Improvement Projects Page 761 of 849 Map 32. 2049 Volume to Capacity UOQ ANA RD V ' °WH!✓oVoorm,. / fJ j' o J o � f Page 762 of 849 Page 763 of 849 I nteg rated into CoBB Mobility Plar Legend Exrsing Projects I. Sara Sims Park Renovation 2. Ocean Breeze West 3. Ocean Breeze East 4. Town Square. (City Hall} 5. Casa Costa 6. Marina Village 7. 500 Ocean Approved/ IIIIII IIIIIN Under Construction S. Town Square Mixed Use Phases 9. Ocean One 10. Heart of Boynton Village 11, Mixed Use an Pederai 12. Legacy at Boynton Beach Planned Projects 13. Cottage District 14. Future Tri-Rali] Coastal Link Station Conceptual Stage Projects 15. Mixed Use Block Potential Redevebpnnent Page 764 of 849 Conceptud Stage no Projects n.Boynton Beach wo Page 765 of 849 I. Resiau�onls & Shops 2, Boynion Town Center 4. Pacifica 0U)R�meom�� 6'. Renaissance Commons r.*v/e/&nesmvmnt uoololinoCenter v.xtinppeso/Boynton 10. Hotels Conceptud Stage no Projects n.Boynton Beach wo Page 765 of 849 f Page 766 of 849 2. Wodbfight MME STREET QUALITY NSP' SERVICE MOS) STANDARDS APPLICADILim L04-AYIONMI S MUCAOMOWLIVY SOjECD LIMITS � ����Jj $11 OLWALKS I PATHIS, TRAILS Low SPEED STRUCTS MAIN QUALITY OF SERVICE (000) A* STAIKET / LOCAL TA IIT I RKSIOUNTIAL crry 7m Ts mg, LOCAL STREWTS QUALIITV IOF 5VRVICK (QOSk) 8 LIMIT ESIDENTIAL CITT STRIE CTS f 20 MINOR MSELECTCOLLECTORS QUALITNOF i1 SIM (00S) IC NMIMCOLLECTORS 125. I MUNOR / SIELEcY atoll IVAIALiii Into iiiS QUALITY OF SERVICE (QOS� 0 301" �i MAJOR COLLECTORS ARTERIAL $ Q10ALITV 01P SURVICE, (QOS) 91M" to LN Wa[ I PRINCIPAL "Awfik&' WE MAN CONCEPTS 35,11 ARTERIALS mtd•0111h ' OWNS - ftill "A�MWTVV WVWXV LIM" I'S "ARAMIUMm �wFW'Wmm 5'rWas AAW ALW A 20 Page 767 of 849 Multimodal Quality of Service Standards for Bicycling and Micromobility FacilityType YP Type of Separation from Travel Lanes Green Lane Maximun7 Pasted Limited or Double Separation Protected Buffered Lines Sneed Limit Bike lane b' or more C 01 A A 30 mph A Bike lane 5' Bike lane 4' E B B B 20mph G Paved Shoulder Bicycle Blvd _ 15 mph B Multimodal Quality of Service Standards for Transit Frequency of Service Trolley 10 minutes or less 15 minutes 20 minutes 30 minutes 45 minutes 60 minutes Multinnodlai Quality of Service Standards for Walking and Biking Facility Tyre Type of Separation from Travel Lanes Limited Separation, Street Trees On Street Parking Landscape Buffer Trail 112' or wu der Path 10' Path 8" Sidewalk 7' or less Page 768 of 849 Bus Microtronsit 21 Rail Legend -- Existing Pedestriar Q City Boundary Page 769 of 849 Legend Boynton Neighbor) Percent Complete Sidev 75 . to®% 50%-75% 25%-50% o%-zer Pedestrian Improven + P.Pased Safe Cross City Boundary Page 770 of 849 Bicycle Improvements Projects City Boundary Page 771 of 849 Bicycle Ilmproverr City Boundary Page 772 of 849 Legend Commuter Train 5 Proposed Inteurr Existing Tri -Rail Bus Routes SYS X -TOWN vii ......,.. SYS X -TOWN v0 LNT- OLE via S PBC - BOR via t Me - BOR via+ Buis Slops Rail Notivork Q City Boundary Page 773 of 849 Legend Commuter Trai Florida East ( South Florida People Move Rail—Network O City Bounder. Page 774 of 849 Legend Canoe & ka,ya Current Future IBlueways c Water Bath r City Bound Page 775 of 849 —Al lljjjjj� mimmimmmim, IMMORNIMI Legend MobOily Hulas Mobifity Districts Existing Designated Bike Lanes Existing Undeslgnated Bike Lanes Existing Paved Trail mmmmmmmmim Proposed Designated Bike (Lanes Proposed Shared Use Path Proposed Paved Trail Page 776 of 849 STEP i OBILI ,,�` �! it LAND USE 2 PLAN Vit' . TRANSPORTATION PARKING STEPtl L c �r�uum�u�ma;�ivaaia�nimmn�awanuiww�„uHa�w,hkeruaum�vdu�mtu��rcmwrcnuartirrertir�tivreutirruvrudrrrurrdrreruuumHnir�i������ STEP 114f LAMENTING 4 ORDINANCE 9 �mNOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMOMIWOfI "" 4' iouu ��� U III III III III III STEP S L MENI - I' a m� STEP Em ME Mm m NUE URBAN CONCEPTS tAVDAf umAWY-GARM-lies RrsilG i Page 777 of 849 IJJJ�d/EVALUATE EXISTING TRAFFIC G. BACKLOG I DEFICIENCY 1 JJmossm /mi'awsm/o/m/m/ mm CONVERT FUTURE VEHICLE TRAVEL TO PERSON TRAVEL E (VEHICLTRAVEL X PERSON TRAVEL FACTOR = IPMT) �l«,f iBIE �1 NUIE URBAN CONCEPT� LAND USE - NOBILITY - IP—M - — N 2121 NUE Urban Coincepts. LIE. All Riglift Restroad. www.nueurbanconcepts.com ()40)8 CALCULATE RATE ATTRIBUTABLE TO NEW GROWTH] ((COMPLETE STREET COST X NGEF) - AF) I PMT I NCREASIE ri /CALCULATE ROUGHLY TIONAL IMPACT M(TRIPS x % NEW) x PERSON TRIP FACTOR) X (PERSON TRIP LENGTH X Ltmrmo ACCESS FACTOR)) X ORIGIN & DESTINATION FACTOR) M SY M 00 L) OF PERSON TV BY MODE PMTR X PTOU MOBILITY FEE F//, MW "Flelemmur XISTING AND PROJECTED i1i"'al URGING SOURCES SPEND FETES IN DISTRICT TO PROVIDE FEE PAYERS THE BENEFIT OF INCREASED MOBILITY (2N!D OF DUAL RATIONAL NEXUS TEST) CALCULATE COST ATTRIBUTAIIALE To NEW GROWTH10 DIEVEILOP MOBILITY TECHNICALREPORT To DOCUMENT: DATA, I NCRFASR IN PMT/ INCREASE AN PMC METHODOLOGY, LEGAL, AND STATUTORY COMPLIANCE Page 778 of 849 Single Family l City 0 County : $4,717 per dwelling unit. Multi -Family Residentl.- City := $1,233 per bedroom or $2,466 for 2 bedrooms 0 County : $2,,92,9 per dwelling unit Small Scale Multi -Family City := $929 per bedroom or $1,858 for 2 bedrooms 0 County : $2,,92,9 per dwelling unit Page 779 of 849 Industrial. - Page 780 of 849 G' i (1) Comprehensive Plan Update (2) Develop Implementing Ordinance (3) Develop Administrative Program (4) Hold ist Reading (5) Hold 2nd Reading (6) Mobility Fees for most fees can become effective at 2nd reading (7) Additive fees would go in effect go days after notice, if adopted 34 Page 781 of 849 Jonathan B. Paul, AICP IFIN III f CIIIlIIIIII "aU.&IINIII M���+'� Aimainda Radigain, f Page 782 of 849 rM Page 783 of 849 CITY OF BOYNTON BEACH MOBILITY FEE SCHEDULE (3/29/2021) Types of Categories St Land Uses Per Category I Mobility Fee Community Serving (Day Care / Place of Assembly or Worship / Private School) 1 $ 1.87 Industrial (Brewing / Fabrication / Distribution / Manufacturing / Utility) $ 1.37 Commercial Storage (Mini Warehouse / Warehouse / Boat / RVs & Other Outdoor Storage) 2 $ 0.74 Marina (including Yacht Club) per berth $ 695 Entertainment & Recreation, Outdoor per acre $ 4,129 Entertainment & Recreation, Indoor (Fitness/ Gym / Health / Studios) per sq. ft. $ 3.26 Page 784 of 849 I CITY OF BOYNTON BEACH MOBILITY FEE SCHEDULE (3/29/2021) 1 Types of Categories & Land Uses Per Category I Mobility Fee Office (Bank / General / Higher Education / Professional) $ 2.721 Medical Office (Clinic / Doctor / Dentist / Emergency / Hospital / Veterinary) $ 5.60 1 Local Retail (Commercial / Restaurant / Sales/ Services/ Vehicles) 3,4 per sq. ft. $ 3.39 Retail (Commercial / Restaurant / Sales / Services Vehicles) 4 per sq. ft. $ 6.78 Motor Vehicle & Boat Cleaning (Detailing / Wash Wax) per stall 5 $ 6,999 Bank Drive-Thru Lane or Free -Standing ATM per lane / ATM 6 $ 11,993 Quick Service Restaurant Drive Thru per drive-thru lane 7 $ 31,428 Pharmacy Drive Thru per drive-thru lane & $ 9,284 Motor Vehicle Fueling per fueling position 9 $ 13,915 Page 785 of 849 12.A. Legal 11/2/2021 Requested Action by Commission: This item is an update on the status of the City's participation in the opioid litigation settlement. Explanation of Request: The Florida Attorney General has engaged in extensive negotiation with the defendants of the opioid litigation, as well as with the various state and local governmental entities who are parties to, or affected by, the litigation. As a result of such negotiations and discussions, the Attorney General has drafted a Memorandum of Understanding ("the Florida Plan") to establish how the funds arising from the litigation will be allocated to the cities. On June 1, 2021, the Commission approved a Resolution authorizing the Mayor to execute the Florida Plan. The agenda item indicated that the Commission would be provided periodic updates regarding the settlement process. We are now at the stage of the settlement process where each local government entity must register and indicate whether or not they would like to participate in the settlement. This registration process will determine if there is sufficient participation for the settlement to close. The deadline to complete registration is January 2, 2022. The City of Boynton Beach has registered and indicated "yes" pursuant to the Commission's June 1, 2021 Resolution. The next step is for the City to review the settlement agreement documents and for the Mayor to sign the documents, as authorized by the City's June 1, 2021 Resolution. The Commission will receive another update, likely in January 2022, regarding whether or not enough participating entities registered, in order for the settlement to close. How will this affect city programs or services? This settlement will provide funds to help the City mitigate the effects of the nationwide opioid crisis. Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 786 of 849 Is this a grant? Grant Amount: Attachments: Type D IResoluutloirn D Il...etteir Description Resolution IR21 054 approving poiiniing the opiioiid settlement Il...etteir from IE)epu.uty Attorney General to u.ubdiivisiions INotice Page 787 of 849 I RESOLUTION NO. R21-054 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AUTHORIZING BOYNTON BEACH TO JOIN WITH 6 THE STATE OF FLORIDA AND OTHER LOCAL 7 GOVERNMENTAL UNITS AS A PARTICIPANT IN THE 8 FLORIDA MEMORANDUM OF UNDERSTANDING AND 9 FORMAL AGREEMENTS IMPLEMENTING A UNIFIED 10 PLAN; AUTHORIZING THE MAYOR TO SIGN THE I I DOCUMENTS AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach has suffered harm from the opioid 15 epidemic; and 16 17 WHEREAS, the City of Boynton Beach recognizes that the entire State of Florida 18 has SLIflered harm as a result from the opioid epidemic; and 19 WHEREAS, the State of Florida has filed an action pending in Pasco County, 20 Florida, and a number of Florida Cities and Counties have also filed an action In re: National 21 Prescription Opiale Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation") 22 and the City of Boynton Beach is not a litigating participant in that action; and 23 WHEREAS, the State of Florida and lawyers representing certain various local 24 governments involved in the Opioid Litigation have proposed a unified plan for the 25 allocation and use of prospective settlement dollars from opioid related litigation; and 26 WHEREAS, the Florida Memorandum of t.Jnderstanding (the "Florida Plan") sets 27 forth sets forth a framework of a unified plan for the proposed allocation and use of 28 opioid settlement proceeds and it is anticipated that formal agreements implementing 29 the Florida Plan will be entered into at a future date; and 30 WHEREAS, participation in the Florida Plan by a large majority of Florida cities 31 and counties willmaterially increase the amount of funds to Florida and should improve 32 Florida's relative bargaining position during additional settlement negotiations; and 33 WHEREAS, failure to participate in the Florida Plan will reduce funds available 34 to the State, City of Boynton Beach and every other Florida city and county. 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 37 S TATFSO\Authonzing MOU For Opiod hogation - Reso]Xwx Page 788 of 849 I SECTION 1. The foregoing "WFIEREAS" clauses are true and correct and hereby 2 ratified and confirmed by the City Commission. 3 SECTION 2. That the City of Boynton Beach finds that participation in the 4 Florida Plan would be in the best interest of the City and its citizens in that such a plan 5 ensures that almost all of the settlement funds go to abate and resolve the opioid epidemic 6 and each and every city and county receives funds for the harm that it has suffered. 7 SECTION 3. That the City of Boynton Beach hereby expresses its support of a 8 unified plan for the allocation and use of opioid settlement proceeds as generally 9 described in the Florida Plan, attached hereto as Exhibit "A." 10 SECTION 4. "I'llat Mayor Steven B. Grant is hereby expressly authorized to I I execute the Florida Plan in substantially the form contained in Exhibit "A." 12 SECTION 5. That Mayor Steven B. Grant is hereby authorized to execute the 13 any formal agreements implementing a unified plan for the allocation and use of opioid 14 settlement proceeds that is not substantially inconsistent with the Florida Plan and this 15 Resolution. 16 SECTION 6.That the Clerk be and hereby is instructed to record this Resolution 17 in theappropriate record book upon its adoption. 18 SECTION 7. The City Clerk of the City of Boynton Beach is hereby directed to 19 furnish a certified copy of this Resolution to the Florida League of Cities; Florida 20 Association of Counties; Palm Beach County League of City; Palm Beach County 21 Commission and 22 23 Attorney General Ashley Moody 24 c\o John M. Guard 25 The Capitol 26 PL -01 27 Tallahassee, FL 32399-1050 28 29 SECTION 8. This Resolution shall take effect immediately upon its adoption. 30 31 S \(,A\Rl SO\Aulhoriziijg M017 For Opiod Litigation - Reso.Dcwx Page 789 of 849 I PASSED AND ADOPTED this |st day ofJuoc,202l. Z oTYOFB0YNTANBEACH, FLORIDA 3 YES NO 4 5 / O Murm — Steven B.Grant D \/iucMayor—VVnodrovvLHuy 9 18 C000rniomiouer—Jumtin Katz ./ l| 12 Commissioner —Christina L }<nnociva 13 14 Conurniaeioncr—TyPzomurgo |5 16 VOTE |7 18 19 ATTEST: 20 21 Z% 23 Cq�ata}Gj|bamu,MMC 24 City Clerk 25 26� 27 28 (Corporate Seal) 20 - - ` ~ ~ ~ ' armxcao\AuumnZjcgMOI / For orux uuummn-xesoo^m Page 790 of 849 El PROPOSAL RODIWAIMMMI Whereas, the people of the State of Florida and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; Whereas, the State of Florida, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to bold Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance; Whereas, the State of Florida and its Local Governments share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State of Florida; Whereas, it is the intent of the State of Florida and its Local Governments to use the proceeds from Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment and other related programs and services, such as those identified in Exhibits A and B, and to ensure that the funds are expended in compliance with evolving evidence -based "best practices"; Whereas, the State of Florida and its Local Governments, subject to the completion of formal documents that will effectuate the Parties' agreements, enter into this Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of Settlements described herein; and Whereas, this MOU is a preliminary non-binding agreement between the Parties, is not legally enforceable, and only provides a basis to draft formal documents which will effectuate the Parties' agreements. A. Definitions As used in this MOU: 1, "Approved Purpose(s)" shall mean forward-looking strategies, programming and services used to expand the availability of treatment for individuals impacted by substance use disorders, to: (a) develop, promote, and provide evidence -based substance use prevention strategies; (b) provide substance use avoidance and awareness education; (c) decrease the oversupply of licit and illicit opioids; and (d) support recovery from addiction. Approved Purposes shall include, but are not limited to, the opioid abatement strategies listed on Exhibits A and B which are incorporated herein by reference. 2. "Local Governments" shall mean all counties, cities, towns and villages located within the geographic boundaries of the State. 3. "Managing Entities" shall mean the corporations selected by and under contract with the Florida Department of Children and Families or its successor ("DCF") to manage the 000003/01298125.l Page 791 of 849 daily operational delivery of behavioral health services through a coordinated system of care. The singular "Managing Entity" shall refer to a singular of the Managing Entities. 4. "County" shall mean a political subdivision of the state established pursuant to s. 1, Art. VIII of the State Constitution. 5. "Municipalities" shall mean cities, towns, or villages of a County within the State with a Population greater than 10,000 individuals and shall also include cities, towns or villages within the State with a Population equal to or less than 10,000 individuals which filed a Complaint in this litigation against Pharmaceutical Supply Chain Participants. The singular "Municipality" shall refer to a singular of the Municipalities. 6. "Negotiating Committee" shall mean a three-member group comprised by representatives of the following: (1) the State; and (2) two representatives of Local Governments of which one representative will be from a Municipality and one shall be from a County (collectively, "Members") within the State. The State shall be represented by the Attorney General or her designee. 7. "Negotiation Class Metrics" shall mean those county and city settlement allocations which come from the official website of the Negotiation Class of counties and cities certified on September 11, 2019 by the U.S. District for the Northern District of Ohio in In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). The website is located at https:Hallocationinap.iclaimsonline.com. & "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits A or B. 10. "Parties" shall mean the State and Local Governments. The singular word "Party" shall mean either the State or Local Governments. H. "PEC" shall mean the Plaintiffs' Executive Committee of the National Prescription Opiate Multidistrict Litigation pending in the United States District Court for the Northern District of Ohio. 12. "Pharmaceutical Supply Chain" shall mean the process and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 13. "Pharmaceutical Supply Chain Participant" shall mean any entity that engages in, or has engaged in the manufacture, marketing, promotion, distribution or dispensing of an opioid analgesic. 14. "Population" shall refer to published U.S. Census Bureau population estimates as of July 1, 2019, released March 2020, and shall remain unchanged during the term of this MOU. These estimates can currently be found at https://www.census.gov Page 792 of 849 15. "Qualified County" shall mean a charter or non -chartered county within the State that: has a Population of at least 300,000 individuals and (a) has an opioid taskforce of which it is a member or operates in connection with its municipalities or others on a local or regional basis; (b) has an abatement plan that has been either adopted or is being utilized to respond to the opioid epidemic; (c) is currently either providing or is contracting with others to provide substance abuse prevention, recovery, and treatment services to its citizens; and (d) has or enters into an agreement with a majority of Municipalities (Majority is more than 50% of the Municipalities' total population) related to the expenditure of Opioid Funds. The Opioid Funds to be paid to a Qualified County will only include Opioid Funds for Municipalities whose claims are released by the Municipality or Opioid Funds for Municipalities whose claims are otherwise barred. 16. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 17. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant when that resolution has been jointly entered into by the State and Local Governments or a settlement class as described in (13)(1) below. 18. "State" shall mean the State of Florida. 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described in paragraph 6 and paragraph 9, respectively), all Opioid Funds shall be utilized for Approved Purposes, To accomplish this purpose, the State will either file a new action with Local Governments as Parties or add Local Governments to its existing action, sever settling defendants, and seek entry of a consent order or other order binding both the State, Local Governments, and Pharmaceutical Supply Chain Participant(s) ("Order"). The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction of a state court to address non-performance by any party under the Order. Any Local Government that objects to or refuses to be included under the Order or entry of documents necessary to effectuate a Settlement shall not be entitled to any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the other Local Governments. 2. Avoid Claw Back and Recoupment - Both the State and Local Governments wish to maximize any Settlement and Opioid Funds. In addition to committing to only using funds for the Expense Funds, Administrative Costs and Approved Purposes, both Parties will agree to utilize a percentage of funds for the core strategies highlighted in Exhibit A. Exhibit A contains the programs and strategies prioritized by the U.S. Department of Justice and/or the U.S. Department of Health & Human Services ("Core Strategies"). The State is trying to obtain the United States' agreement to limit or reduce the United States' ability to recover or recoup monies from the State and Local Government in exchange for prioritization of funds to certain projects. If no agreement is reached with the United States, then there will be no requirement that a percentage be utilized for Core Strategies. Page 793 of 849 3. Distribution Scheme - All Opioid Funds will initially go to the State, and then be distributed according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting costs of the Expense Fund detailed in paragraph 9 below: (a) City/Co Fund- The city/county fund will receive 15% of all Opioid Funds to directly benefit all Counties and Municipalities. The amounts to be distributed to each County and Municipality shall be determined by the Negotiation Class Metrics or other metrics agreed upon, in writing, by a County and a Municipality. For Local Governments that are not within the definition of County or Municipality, those Local Governments may receive that government's share of the City/County Fund under the Negotiation Class Metrics, if that government executes a release as part of a Settlement. Any Local Government that is not within the definition of County or Municipality and that does not execute a release as part of a Settlement shall have its share of the City/County Fund go to the County in which it is located. (b) Re jj�qnaj_Fund- The regional fund will be subdivided into two parts. (i) The State will annually calculate the share of each County within the State of the regional fund utilizing the sliding scale in section 4 of the allocation contained in the Negotiation Class Metrics or other metrics that the Parties U-SWAIJ-24A (ii) For Qualified Counties, the Qualified County's share will be paid to the Qualified County and expended on Approved Purposes, including the Core Strategies identified in Exhibit A, if applicable. (iii) For all other Counties, the regional share for each County will be paid to the Managing Entities providing service for that County. The Managing Entities will be required to expend the monies on Approved Purposes, including the Core Strategies. The Managing Entities shall endeavor to the greatest extent possible to expend these monies oil counties within the State that are non -Qualified Counties and to ensure that there are services in every County. (c) 5tate, ,Fund - - The remainder of Opioid Funds after deducting the costs of the Expense Fund detailed in paragraph 9, the City/County Fund and the Regional Fund will be expended by the State on Approved Purposes, including the provisions related to Core Strategies, if applicable. (d) To the extent that Opioid Funds are not appropriated and expended in a year by the State, the State shall identify the investments where settlement funds will be deposited. Any gains, profits, or interest accrued from the deposit of the Opioid Funds to the extent that any funds are not appropriated and expended within a calendar year, shall be the sole property of the Party that was entitled to the initial deposit. Page 794 of 849 4. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year: A. Years 1-6: 40% C. Years 10-12: 34% D. Years 13-15: 33% E. Years 16-18: 30% 5. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Task.force" or "Council") to advise the Governor, the Legislature, Florida's Department of Children and Families ("DCF"), and Local Governments on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) 5Lizg_- The Taskforce or Council shall have ten Members equally balanced between the State and the Local Governments. (b) Appointments Local Governments - Two Municipality representatives will be appointed by or through Florida League of Cities. Two county representatives, one from a Qualified County and one from a county within the State that is not a Qualified County, will be appointed by or through the Florida Association of Counties. The final representative will alternate every two years between being a county representative (appointed by or through Florida Association of Counties) or a Municipality representative (appointed by or through the Florida League of Cities). One Municipality representative must be from a city of less than 50,000 people. One county representative must be from a county less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) A j.)Ii9L14tments State - (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. (iii) The Senate President shall appoint one Member. (iv) The Attorney General or her designee shall be a Member. (d) Chair - The Attorney General or designee shall be the chair of the Taskforce or Council. (e) Tenn - Members will be appointed to serve a two-year term. Page 795 of 849 (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Mpetjngs - The Taskforce or Council shall meet quarterly in person or virtually using communications media technology as defined in section 120.54(5)(b)(2), Florida Statutes. (h) Reporting_- The Taskforce or Council shall provide and publish a report annually no later than November 30th or the first business day after November 30th, if November 30th falls on a weekend or is otherwise not a business day. The report shall contain information on bow monies were spent the previous fiscal year by the State, each of the Qualified Counties, each of` the Managing Entities, and each of the Local Governments. It shall also contain recommendations to the (3overnor, the Legislature, and Local Governments for priorities among the Approved Purposes for how monies should be spent the coming fiscal year to respond to the opioid epidemic. (i) AcgopgtabilitrtL- Prior to July I st of each year, the State and each of the Local Governments shall provide information to DCF about how they intend to expend Opioid Funds in the upcoming fiscal year. The State and each of'tbe Local Government shall report its expenditures to DCF no later than August 31 st for the previous fiscal year. The Taskforce or Council will set other data sets that need to be reported to DCF to demonstrate the effectiveness of Approved Purposes. All programs and expenditures shall be audited annually in a similar fashion to SAMHSA programs. Local Governments shall respond and provide documents to any reasonable requests from the State for data or information about programs receiving Opioid Funds. Conflict of Interest - All Members shall adhere to the rules, regulations and laws of Florida including, but not limited to, Florida Statute §112.311, concerning the disclosure of conflicts of interest and recusal from discussions or votes on conflicted matters. 6. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund ("Administrative Costs") and any Regional Fund that it administers for counties that are not Qualified Counties. Each Qualified County may take no more than a 5% administrative fee from its share of the Regional Funds. 7. Negotiation of Non -Multistate Settlements - If the State begins negotiations with a Pharmaceutical Supply Chain Participant that is separate and apart from a multi -state negotiation., the State shall include Local Governments that are a part of the Negotiating Committee in such negotiations. No Settlement shall be recommended or accepted without the affirmative votes of both the State and Local Government representatives of the Negotiating Committee. 8. Negotiation of Multistate or Local Government Settlements - To the extent practicable and allowed by other parties to a negotiation, both Parties agree to communicate with Page 796 of 849 members of the Negotiation Committee regarding the terms of any other Pharmaceutical. Supply Chain Participant Settlement. 9. Expense Fund - The Parties agree that in any negotiation every effort shall be made to cause Pharmaceutical Supply Chain Participants to pay costs of litigation, including attorneys' fees, in addition to any agreed to Opioid Funds in the Settlement. To the extent that a fund sufficient to pay the entirety of all contingency fee contracts for Local Governments in the State of Florida is not created as part of a Settlement by a Pharmaceutical Supply Chain Participant, the Parties agree that an additional expense fund for attorneys who represent Local Governments (herein "Expense Fund") shall be created out of the City/County fund for the purpose of paying the hard costs of a litigating Local Government and then paying attorneys' fees. (a) The Source of Funds for the Expense Fund- Money for the Expense Fund shall be sourced exclusively from the City/County Fund. (b) The Amount of the Expgnse Fund- The State recognizes the value litigating Local Governments bring to the State of Florida in connection with the Settlement because their participation increases the amount Incentive Payments due from each Pharmaceutical Supply Chain Participant. In recognition of that value, the amount of funds that shall be deposited into the Expense fund shall be contingent upon on the percentage of litigating Local Government participation in the Settlement, according to the following table: . ..... . ..... .. I ... . ...... . Litigating Loca. .. . ..... . ........... l Gov Participation in the Settlement (by percentage of the_Ijq on) 96 to 1.00% 91 to 95% 86 to 90% _._m....._..........._.. 85% Less than 85% Amount that shall be paid into the Expense Fund from (and as a percentage of) the Ci�ty, qqiyjty fund 10% _ww 5% 2.5% 0% If fewer than 85% percent of the litigating Local Governments (by population) participate, then the Expense Fund shall not be funded, and this Section of the MOU shall be null and void. (c) The Timing of P�, inents into the Expense Fund- Although the amount of the Expense Fund shall be calculated based on the entirety of payments due to the City/County fund over a ten to eighteen year period, the Expense Fund shall be funded entirely from payments made by Pharmaceutical Supply Chain Participants during the first two years of the Settlement. Accordingly, to offset the amounts being paid from the City/County to the Expense Fund in the first two years, Counties or Municipalities may borrow from the Regional Fund during the first two years and pay the borrowed amounts back to the Regional Fund during years three, four, and five. Page 797 of 849 For the avoidance of doubt, the following provides an illustrative example regarding the calculation of payments and amounts that may be borrowed under the terms of this MOLT, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 1.0 to 18 years): $1,000 Litigating Local Government Participation: 1.00% City/County Fund (over 10 to 18 years): $150 Expense Fund (paid over 2 years): $15 Amount Paid to Expense Fund in I st year: $7.5 Amount Paid to Expense Fund in 2nd year $7.5 Amount that may be borrowed from Regional Fund in I. st year: $7.5 Amount that may be borrowed from Regional Fund in 2nd year: $7.5 Amount that must be paid back to Regional Fund in 3rd year: $5 Amount that must be paid back to Regional Fund in 4th year: $5 Amount that must be paid back to Regional Fund in 5th year: $5 (d) Creation. of -and Jurisdiction over the Expense Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the MOU, by order of the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida, in the matter of The State of Florida, Office of the Attorney General, Department of Legal Affairs v. Purdue Pharma L.P., et al., Case No. 2018 -CA -001438 (the "Court"). The Court shall have jurisdiction over the Expense Fund, including authority to allocate and disburse amounts from the Expense Fund and to resolve any disputes concerning the Expense Fund. (e) Allocation of Payments to from the Ex se IERq- As part of the order d establishing the Expense Fund, counsel for the litigating Local Governments shall seek to have the Court appoint a third -neutral to serve as a special master for purposes of allocating the Expense Fund. Within 30 days of entry of the order appointing a special master for the Expense Fund, any counsel who intend to seek an award from the Expense Fund shall provide the copies of their contingency fee contracts to the special master. The special master shall then build a mathematical model, which shall be based on each litigating Local Government's share under the Negotiation Class Metrics and the rate set forth in their contingency contracts, to calculate a proposed award for each litigating Local Government who timely provided a copy of its contingency contract. 10. Dispute resolution- Any one or more of the Local Governments or the State may object to an allocation or expenditure of Opioid Funds solely on the basis that the allocation or expenditure at issue (a) is inconsistent with the Approved Purposes; (b) is inconsistent with the distribution scheme as provided in paragraph 3, or (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. Page 798 of 849 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of _% of the [aggregate] state -level abatement distributions shall be spent on [one or more of] them annually].' A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT"') Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD") and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their families. ' As used in this Schedule A, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs, Priorities will be established through the mechanisms described in the Term Sheet. I Page 799 of 849 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. Hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population L Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre -arrest diversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 4 Page 800 of 849 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUR) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration. 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telchealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (OTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. "Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction, medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, I As used in this Schedule B, words like "expand," "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet. 3 Page 801 of 849 scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank -- to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUI)/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SIJD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/.MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SLID/MH conditions, 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OLTD, and any co-occurring SUD/M11 conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MII conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OLID and any co-occurring SUD/M14 conditions. 11 Page 802 of 849 9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SLJD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED► HELP TO THE HELP THEY NEED (CONNECTIONS TO -CARE) Provide connections to care for people who have or at risk of developing -- OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2. Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SLID/MH conditions, or persons who have. experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. 5 Page 803 of 849 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace., 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SLJD./MH conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MB conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/T\4H conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6 Page 804 of 849 f, Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6. Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OLTD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant -- who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OLID and any co-occurring SLJD/MH. conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 7 Page 805 of 849 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women with OUD and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH'conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/`MI-1 conditions, including but not limited to parent skills training. 10. Support for Children's Services Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or Page 806 of 849 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules, 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8, Educate Dispensers on appropriate opioid dispensing. G. PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. S. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills, 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address W Page 807 of 849 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the community 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OLJD and any co-occurring SIJD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OLID and any co-occurring SUIT/MH conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. IN Page 808 of 849 PART THREE: OTHER STRATEGIES 1. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. J. LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/N4H conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs, K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH IM Page 809 of 849 Support opioid abatement research that may include, but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SKIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. S. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/ccrtain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. Hawaii. HOPE and Dakota 24/7). 7. Epidemiological surveillance of OLID -related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. 8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. IN Page 810 of 849 M Page 811 of 849 15.0m Ow 00 kow Page 811 of 849 - Page 812 of 849 1411, 0.000 8957M 6 1221471974 LOW fhl HM, Page 812 of 849 Page 813 of 849 Page 814 of 849 Page 815 of 849 tom. Page 816 of 849 14! Page 817 of 849 C "0 44% pmau '.PBT Q'irmakmry� 14! Page 817 of 849 Page 818 of 849 .. ..... $ baM1721415U®92 $ .. 481956. 76A974 .. 8xy Lxb . •.- � Q 425565 ,114miJ $ .... 4,595. .. . .. 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G 9R4A4.3154AG8aa'.. 1111 4.b292Z597m14X- Gwx4nt fr4Y 4.IJ'U5?GA634X54, 5 _..._.... t,fl34.52 WnCtltibd'Fina. 4.ptid82748Ta89=...5 ............... 35F.. i A ... �p814khY ,u ... .,.. 0a41'x9S!'aaa7f6 $ 81St YJ 6.66b373491T44 .$ .. j4,00 ". WrAe➢w.k'O XWTC3lR3 ia944i £ ... _...,...... _ . 17 ZD ,.....UfUlI61311 195'13"b 6wvt a4wu4lpsnrty w m5'a757T984X18 $ .. dP 54Ld9 UvudB n � N46d9'S5. APBVYG' SP OBOr54 A4w �.... mWRYS9785029'$ 3-- - Page 819 of 849 .. ..... $ 4534.'39 .... S 76A974 1249. $ $14 T6 .. $ .. 990997 _. 114,017,77 $ 9 13X 21 Page 819 of 849 �!„"A PYNtlMi �ffi0Cfi NtTWfld44d NiwsdzWtrtl+, 4 nix CuWGe Page 820 of 849 ASHLEY MOODY ATTORNEY GENERAL STATE OF FLORIDA September 30, 2021 RE: Opioid Litigation Dear Sir or Madam: OFFICE OF THE ATTORNEY GENERAL PL -01 The Capitol Tallahassee, FL 32399-1050 Phone (850) 414-3300 Fax (850) 487-0168 http://www.myfloridalegaLcom My name is John Guard and I am the Chief Deputy Attorney General for the State of Florida (the "State"). Since she took office, Attorney General Moody has been heavily involved in leading both the State's ongoing opioid litigation and several different negotiations with defendants in that litigation. As you are likely aware, Florida, thirteen other states, and litigation counsel representing counties and cities nationwide were able to reach two, multi -billion -dollar settlements. Since the announcement of those settlements, Attorney General Moody and attorneys general for the other leadership states have led a sign -on effort that saw forty-two states and six territories join that settlement.' We are now at the stage of the sign -on process where we must sign -on cities and counties, litigating and non -litigating, to see if participation is sufficient for the settlement to close. From now until January 2, 2022, the State, litigation counsel, and others will likely be reaching out to you about this settlement. To make sure you, your administrator, your mayor or chair, and your commissioners have enough information about the settlement, the State has designed a webpage that has Florida specific information relating to the settlement. It can be found at htt. s://www.myfloridale al.corn/opioidsettlement . The State website has state specific information including the amounts of money that your subdivision will receive under the settlement, the State MOU, the State Agreement, and other documents. In addition, litigation counsel for cities and counties has also created a website that has additional information on it as well. It can be found at htt. s://nationalol)ioidsettlement.com/. In the next few days, you will receive by mail and e-mail a notice from the notice administrator if you are a county, a city with a population greater than 10,000 people, or a city with a population less than 10,000 people that is litigating against one or more of the settling defendants. That notice will have a unique identifier. For subdivisions who receive a formal notice (counties, cities more than 10,000 people, cities less than 10,000 people 1 West Virginia previously settled its claims with the distributors. Oklahoma previously litigated to judgment its claims against Janssen and Johnson & Johnson. Page 1 of 3 Page 821 of 849 who are litigating against these defendants) in order to participate in the settlement, you must: First, go to the national settlement website, htt..s.//nationalol)ioidsettlement.corn/, to register your county or city to receive in the coming weeks and months the documentation your subdivision will need to participate in the settlements. Second, you must execute and submit all required documentation. For subdivisions who receive a formal notice (counties, cities more than 10,000 people, cities less than 10,000 people who are litigating against these defendants) the required documentation will be submitted electronically utilizing the "DocuSign" service. In addition, we would ask you to print out your "DocuSign" participation documentation and upload it on Florida's website. haps://www.myfloridale )al.corn/oL)ioidsettlement . Once you reach the State's webpage, click on the "learn more" button and follow the directions from there. As part of the registration process, your subdivision will need to identify, and provide the email address for, the individual who will be authorized to sign formal and binding documents on behalf of your subdivision. For subdivisions who do NOT receive a formal notice (cities less than 10,000 people who are not litigating against these defendants), assuming the MOU is approved and the State Agreement is accepted, you may also join, but the process is slightly different. You must: First send an e-mail to fl.o ioidlitigation(�yfloridalegal.com and indicate that your city is interested in participating in the settlement. Please provide contact information where further information can be sent. Second, you must execute and submit all required documentation, which will include Exhibit K from both settlement agreements, which is separately posted on the State's webpage, htjw�-//www.myfloridale )al.corn/opioidsettlement. IF YOUR SUBDIVISION DOES NOT JOIN A SETTLEMENT BY JANUARY 2, 2022, IT WILL NOT RECEIVE ANY DIRECT BENEFIT FROM THAT SETTLEMENT UNLESS AND UNTIL IT JOINS AND SUBSEQUENTLY JOINING CITIES AND COUNTIES WILL LOSE OUT ON AMOUNTS PAID IN THE INTERIM. Page 2 of 3 Page 822 of 849 NEXT STEPS These settlements require that you take affirmative steps to `opt in' to the settlements. If you do not act, you will not receive any settlement funds and you will not contribute to reaching the participation thresholds that will deliver maximum amount of abatement funds to your State. First, register your subdivision on either the national settlement website, if you receive formal notice, or by e-mail to the address above, if your city has less than 10,000 people. Registration will ensure that information and documents required to participate can be sent to you. You will need the email address of the person who will be authorized to sign on behalf of your subdivision. This is the only action item needed at this time. Second, have whatever process that your county or city utilizes begin to review the materials on the websites concerning the settlement agreement terms, allocation and other matters. Develop a list of questions for your counsel or the Attorney General's Office. In the very near future, your subdivision will need to begin the process of deciding whether to participate in the proposed settlements and subdivisions are encouraged to work through this process well before the deadline to be an initial participating subdivision. Again, the Attorney General's Office, your counsel, and other contacts within the state are available to discuss the specifics of the settlements within your state and we encourage you to discuss the terms and benefits of the settlements with them. Third, monitor your email for further communications, which will include a Participation Agreement, Release, (where applicable) a model Resolution, and instructions on executing using DocuSign, if applicable. We urge you to view the national settlement website and the Florida website at your earliest convenience. If you have questions for Florida Office of Attorney General please send an e-mail to fl.opioidliti )ation, yfloridale) al.com. Like we have done at every stage of this process, we will be scheduling calls to answer your and your commissioners' and administrators' questions. We will have multiple calls and ask your help in ensuring that the Sunshine Law is complied with. Page 3 of 3 Page 823 of 849 13.A. Future Agenda Items 11/2/2021 Requested Action by Commission: Climate Action Plan Annual Update. - November 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 824 of 849 13. B. Future Agenda Items 11/2/2021 Requested Action by Commission: National Flood Insurance Program Community Rating System Update - November 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 825 of 849 13.C. Future Agenda Items 11/2/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 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 826 of 849 13.D. Future Agenda Items 11/2/2021 Requested Action by Commission: Draft Ordinance for Disposition of City -owned Property. - November 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 827 of 849 13. E. Future Agenda Items 11/2/2021 Requested Action by Commission: Representatives from FI U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) -November 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 828 of 849 Requested Action by Commission: Sign Code Amendments - December 7, 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. F. Future Agenda Items 11/2/2021 Page 829 of 849 13.G. Future Agenda Items 11/2/2021 Requested Action by Commission: City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 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 830 of 849 13. H. Future Agenda Items 11/2/2021 Requested Action by Commission: Consultant Presentation of Housing Needs Assessment - December 7, 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 831 of 849 13.1. Future Agenda Items 11/2/2021 Requested Action by Commission: School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 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 832 of 849 13.J. Future Agenda Items 11/2/2021 Requested Action by Commission: FI U Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 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 833 of 849 13. K. Future Agenda Items 11/2/2021 Requested Action by Commission: City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 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 834 of 849 13. L. Future Agenda Items 11/2/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 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 835 of 849 13. M. Future Agenda Items 11/2/2021 our. City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/2/2021 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 R1 AA -Single 1 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 836 of 849 Is this a grant? Grant Amount: Attachments: Type D Exhibit D I ocation Map F) Attachment D Exhibit Description I etter of (Intent (Exhilbilt "A") I ocation Map Property Detail Sample Municipal Disposition Code I anguage (Exhilbilt "B") Page 837 of 849 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of $25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement (the Inspection Period) to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the Inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation & Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 838 of 849 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seiler as to Phase II, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC ACCEPTED AND AGREED TO: By Print name: Title: _ Dated: MIMI Page 839 of 849 711912021 https://www.pbcgay.org/papa/AspsIPropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434529000001040 ;Property Detail.. 1n.........._ ................ .........._.. ......w._w._.........,......_....._....... _,_�, Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1990 Legal Description 29-45-43, L 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG 5 OF SR 804 Owner Information Owners BOYNTON BEACH CITY OF SalesInformation­.._._......................__.M....._..__..__.._._.._....._._.............................. Sales Date Price OR Book/Page NOV-1990 $100 06652 / 01315 ;Exemption Information Applicant/Owner Year 2021 Mailing address PO BOX 310 BOYNTON BEACH FL 33425 0310 Sale Type WARRANTY DEED Detai I Appraisals Tax Year 2020 2019 improvement Value $0 $0 Land Value $271,500 5271 ,500 Total Market Value $271,500 S271,500 AR values are as of January 7 s each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $271,500 $271,500 Exemption Amount 8271, 500 $271, 500 Tom. W= V=1i is to $0 Taxes Owner Page 840 of 849 'APA Banner I:..oc,atoionAddress Mumalmllmaliity BOYNTON BEACH Pary l Contrrcml Nmmnber 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Salm Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I:..k al Description OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 Mailing address Owners rs PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Salmis Date Price OR Book/I"ag Salmi 'Fyj'v Owner NOV-1990 $100 06652 / 01315 WARRANTY DEED Exerrption Applicant/Owner caner Year Detail 3OYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT l'am Nmmnber ami° Units 0 Smlmmam 10 m ttal 0 Acres 3.62 8900- R1AA- R1AA SINGLE FAMILY, 5.5 DU/AC IJ's'ammfl MUNICIPAL mmmmlmm (08-BOYNTON BEACH) 'l'ax Year 2020 2019 2018 11113m^mmvm mme-mmt Value $0 $0 $( I:..,ammd. Value $271,500 $271,500 $271,50( 'Total TN/1[arket Value $271,500 $271,500 $271,50( All values are as of January 1 st each year 'l'ax Year 2021 21 19 2018 Assessed Value $271,500 $271,500 $271,50( Exemmp cion Ammt $271,500 $271,500 $271,50( 'Faxable Valu $0 $0 $( 'l'ax Year 2021 2019 20 18 Ad Valorem $0 $0 $( Non Ad Valorem $0 $0 $( 'Total tax $0 $0 $( Page 842 of 849 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 843 of 849 Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 844 of 849 13. N. Future Agenda Items 11/2/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - 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 845 of 849 13.0. Future Agenda Items 11/2/2021 Requested Action by Commission: Discuss Building Safety Inspection Program- 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 846 of 849 13.R Future Agenda Items 11/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-025. First Reading. Approve D evelopment Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - 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 847 of 849 13.Q. Future Agenda Items 11/2/2021 Requested Action by Commission: Proposed Ordinance No. 21-026 - Second Reading. Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. - 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 848 of 849 13. R. Future Agenda Items 11/2/2021 Requested Action by Commission: Mayor Grant has requested a discussion regarding asking Latosha Clemons if she would consider having an Urban Orchard named after her. - 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 849 of 849