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Agenda 12-07-21The City of Boynton Beach City Commission Agenda Tuesday, December 7, 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. °a�1111rIN°„',mf www. boy nton- beach. org Page 1 of 897 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 December 7, 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 897 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 897 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Rodney Wilkinson, Gospel Fellowship Pledge of Allegiance to the Flag led by Commissioner Katz 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. Lori LaVerriere, City Manager will introduce our new Director of Utilities, Poonam Kalkat. B. Hear report on Florida Atlantic University Entrepreneur's Open House by Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway. C. Announcement of the 50th Annual Holiday Parade Awards by Gabrielle Favitta, Events Manager. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Historical Society. B. 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 A. Proposed Resolution No. R21-167 - Authorize the Mayor to sign the agreement between the City and the State of Florida Department of Library & Information Services for the ARPA (American Rescue Plan Act) Grant in the amount of $93,084 for FY 2021-2022. B. Proposed Resolution No. R21-168 - Approve and authorize the City Manager to enter into an agreement with Digitech Computer LLC, for EMS billing services via a piggy back agreement with City of Pompano Beach. C. Approve the purchase of one (1) replacement pump for the Utility Department from MWI Corporation for the Inlet Cove Neighborhood Association (INCA) storm water pump station for a total price of $66,500. MW I Pumps Corporation is a sole source vendor for this particular pump. D. Proposed Resolution No. R21-169 - Authorize the Mayor to sign an Amendment to Interlocal Page 4 of 897 Agreement between the City and CRA to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project. E. Authorize utilizing State of Florida Alternate Contract 43211500-W SCA -15 -ACS for the renewal of Datrium ControlShift SaaS system from Transource Services Corp in the amount of $24,300 for 1 year. F. Proposed Resolution No. R21-170 - Authorize the City Manager to sign a grant application to the Florida Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan funding for Master Lift Station 317 Major Upgrade with a 50% City cost share of $1,500,000. G. Legal Expenses - October 2021 - Information at the request of the City Commission. No action required. H. Approve the purchase of semi -rugged laptops from GovDirect in the amount of $62,075.00 utilizing the Minnesota W SCA-NASPO Master Agreement Contract MNW NC -124 through the Participating Addendum State of Florida Alternate Contract # 43211500-W SCA -15 -ACS. I. Proposed Resolution No. R21-171 - Authorize the City Manager to sign a First Amendment to Towing Franchise Agreement for a one (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. J. Proposed Resolution No. R21-172 - Approve and authorize the City Manager to sign a First Amendment to the Grant Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for FAU Tech Runway Business Incubator Programming. K. Approve minutes from the November 16, 2021 City Commission meeting. 7. Consent Bids And Purchases Over $100,000 A. Approve the purchase of forty six (46) sets of firefighting bunker gear at a discount price of $129,812.00 via the Lake County Contract 17-0606B. The Lake County Contract meets the City's competitive bid requirements. B. Approve Task Order UT -3D-06 with Baxter & Woodman, Inc. in the amount of $171,869.00 for engineering, permitting, bidding and construction services for Dimick and Potter Road Utility Stormwater and Water Improvements in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 3, 2021. C. Proposed Resolution No. R21-173 - Approve and authorize the City Manager to sign a Master Service Agreement between The City of Boynton Beach and Gridics, LLC to purchase and provide zoning software and services in an estimated amount of $74,000.00 for the first year and an annual service subscription of $54,000.00 for the following two years. D. Approve the purchase of twenty-two (22) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $859,345 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL28.0, FSA20-VEH18.0, and Sourcewell contract #120716 -NAF. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-027 - Second Reading - CLM Apartments (ABAN 21-004) - Approve request for the abandonment of a 119 -foot long segment of the 57 -foot wide SE 21st Avenue right-of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. Page 5 of 897 B. Proposed Ordinance No. 21-028 - Second Reading - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Proposed Ordinance No. 21-029 - Second Reading - Approve request for Rezoning from R-3, Multi -Family 11 du/ac to I PUD, I nfill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. C. Approve Major Site Plan Modification for CLM Apartments to allow the addition of a four (4) unit apartment building, associated parking and related site improvements, on a 0.86 -acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the I PUD (Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. (Item tabled from the November 16, 2021 meeting) D. Proposed Ordinance 21-030 - Second Reading - Approve Ordinance amending Chapter 2. "Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is hereby deleted in it's entirety and replaced with a new Section 2-56(c) to amend the process to dispose of City -owned real property. E. Proposed Resolution No. R21-175 - Adopt the City's intent to use the uniform method for the levy and collection of a non -ad valorem special assessment for canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. 9. City Manager's Report A. City Lobbyist, Mat Forrest of Ballard Partners, will present the key issues/bills facing the City during the 2022 Legislative Session. City Commission to discuss and approve Legislative Priorities for the 2022 Legislative Session in Tallahassee. 10. Unfinished Business A. Authorize the Commission to establish a policy for use of the Textile Recycling revenues for Community Support Funds. 11. New Business A. Conduct Annual Performance Evaluation for our City Manager. 12. Legal A. Proposed Ordinance No. 21-031 - First Reading- Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. B. Proposed Ordinance No. 21-032 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws applicable to Home-based Businesses. City initiated. C. Proposed Resolution No. R21-174 - Approve and authorize the Mayor to sign all Opioid Litigation Settlement Documents. 13. Future Agenda Items A. School Board Member Erica Whitfield to present report on the state of education to the City Page 6 of 897 Commission. - January 4, 2022 B. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - January 4, 2022 C. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question - January 18, 2022 D. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 E. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 F. Climate Action Plan Annual Update - January 18, 2022 G. Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission - January 18, 2022. H. Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - January 18, 2022 Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 18, 2022 J . Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - January 18, 2022 K. Proposed amendments to the Land Development Regulations for Accessory Dwelling Unit provisions - February 15, 2022 L. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD M. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD N. Mayor Grant has requested a discussion on J KM lawsuit - TBD O. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 897 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 12/7/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Rodney Wilkinson, Gospel Fellowship Pledge of Allegiance to the Flag led by Commissioner Katz 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 12/7/2021 Page 8 of 897 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 12/7/2021 Page 9 of 897 Requested Action by Commission: Lori LaVerriere, City Manager will introduce our new Director of Utilities, Poonam Kalkat. Explanation of Request: Lori LaVerriere, City Manager will introduce our new Utilities Director, Poonam Kalkat 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 10 of 897 Requested Action by Commission: Hear report on Florida Atlantic University Entrepreneur's Open House by Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway. Explanation of Request: Boynton Beach entrepreneurs and innovators were invited to Florida Atlantic University (FAU) Entrepreneur's Open House at Boynton Beach City Hall on November 10, from 5:30 to 7:00 pm. During the open house, visitors were able to learn more about all the entrepreneurial resources available to the community as well as meet and network with representatives from FAU's Tech Runway, The FAU Wave, National Science Foundation I -Crops at FAU, Florida Small Business Development Center (SBDC) at FAU, and the City of Boynton Beach. For information on FAU Tech Runway and their programming in Boynton Beach please contact Jessica Beaver atjbeaver1@fau.edu or 561-297-8000. You can also visit FAU Tech Runway's website, www.fau.edu/techrunway, for additional resources and more information on their programs to support entrepreneurs. How will this affect city programs or services? This event serves to complement the City's array of small business resources. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: FAU Innovation Space provides entrepreneurs and startups with business incubation and access to resources. Climate Action Application: N/A Is this a grant? Grant Amount: Page 11 of 897 Attachments: Page 12 of 897 3.C. Announcements, Community and Special Events and Presentations 12/7/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 12/7/2021 Requested Action by Commission: Announcement of the 50th Annual Holiday Parade Awards by Gabrielle Favitta, Events Manager. Explanation of Request: Announcement of the Holiday Parade Awards: • Judges Awards • Mayor's Awards • People's Choice Award 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 13 of 897 Administrative 12/7/2021 Requested Action by Commission: Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community Support Funds to the Boynton Beach Historical Society. Explanation of Request: Mayor Grant requests to distribute $200.00 of his Community Support Funds to the Boynton Beach Historical Society for the 3rd annual Highwaymen Art Show and Sale on January 15, 2022 in the historic Arts and Cultural Center. The Boynton Woman's Club and the Boynton Beach Historical Society are partnering with the City of Boynton Beach for the event. The history of the Highwaymen Artists is closely entwined with the history of our City. The artists would travel up and down Federal Highway and stop along Ocean Avenue to peddle their art to the local businesses in our downtown and its residents. Many lovely paintings can still be found decorating the walls in Boynton Beach offices. The Art Show and Sale provides a vital connection to our past, relevant education, and exposure for the groups involved and for this important Florida legacy. How will this affect city programs or services? N/A Fiscal Impact: Community Support Funds of $2,000 for each Commission member were approved in the FY 2021/2022 budget. Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Page 14 of 897 Type AttacftrTIENI'lt Description C&IF:::IREqLAE)StIF:::oirim Page 15 of 897 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 12/07/2021 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested $200.00 Recipient/Payee: Boynton Beach Historical Society Description of project, program, or activity to be funded: The Boynton Woman's Club and the Boynton Beach Historical Society are partnering with the City of Boynton Beach for the 3rd annual Highwayman Art Show and Sale on January 15, 2022 in the historic Arts and Cultural Center. Funding will be used for the Art Show and Sale. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $2,000.00. The balance of funds available for the requesting Member of the Commission is $1,000.00. Accordingly: X There are funds available as requested ❑ There are insufficient funds available as requested " � b F Dated: � ,�" �� BY;� 041, City Clerk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire corrnmrniy served by such donation Dated: 10,4��41 BY Requesting Member of the City Commission Page 16 of 897 5.B. Administrative 12/7/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 12/7/2021 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 ttacftrTIENI'rt ttacftrTIENI'rt ttacftrTIENI'rt ttacftrTIENI'rt ttacftrTIENI'rt Description ppoiir:firTIE)i is and AppIicaints for 12 07 2021 Ca irgplbE)a lll, �3)E) 1offirasy CirUlir p, f6ffair:y 1....11artirnair:ir:, (3;irEsIg iry W ir'rtasrs, IDain Sir, Page 17 of 897 Appointments and Applicants for December 7, 2021 Art Advisory Board IV Penserga Reg 2 yr term to 3/23 Applicant: Gregory Hartmann 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 Applicant: Tiffany Crump 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 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicants: Geoffrey Campbell Dan Winters Sr. C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\F1914760-548F-48C6-84EA- 6DDC9246BDB4\Boynton Beach.30662.1.Appointments_for _12-07- 21.docx Page 18 of 897 Appointments and Applicants for December 7, 2021 Senior Advisory Board Mayor Grant Reg 2 yr term to 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\F1914760-548F-48C6-84EA- 6DDC9246BDB4\Boynton Beach.30662.1.Appointments_for _12-07- 21.docx Page 19 of 897 Stanzione, Tamm From: City Clerk Subject: FW: Advisory Board Appointment application Attachments: Geoff_Campbell_KEITH_Resume.pdf From: gcampbell <noreply@123formbuilder.com> Sent: Thursday, November 11, 20215:11 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 11/11/2021 Name Geoffrey Campbell Phone number 864-320-6712 Address 221 SE 5th Ave. Apt. B Boynton Beach Florida 33435 United States Email gq!M be;ll�(keithteam„com Current occupation or, if retired, prior Landscape Architect occupation Education Bachelors Are you a registered Yes voter? 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 convicted of a crime? No Page 20 of 897 if "yes", when and where? Advisory Board Recreation and Parks Board ifappointed by the City Commission to serve asBoard Chair ,es or Vice Chair are you willing tmserve in this Personal Registered Landscape Architect and Certified Arborist with multi -disciplinary background (Civil Qualifications Design, Planning/Code Compliance, Master Planning) over1Syeaoempehemceinnear|yaU phases and aspects of Land Development Design and Construction. Resident and home owner in Boynton Beach for over 4years. Professional Rb\|SA Memberships Feel free to attach/upload an extra sheet or resume. Certification |, 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 Z09.Z082DlZ1Z(United States) atZOZI.11.11I7:10:55onChrome 95.O.4h38.69 Entry ID: 496 Referrer: Form Host: ht s.11 Page 21 of 897 GEOFF CAMPBELL, RLA, ISA, LEED AP BD+C Z KEITH Geoff Campbell joined the KEITH team in 2021, bringing over a decade of landscape architecture project management and high- quality design/construction documentation experience. With a strong technical background and proactive, multi -disciplinary approach, Geoff places emphasis on sustainable design. He is i creative problem solver with vast expertise in FDOT standards and practices, site design and detailing, hardscape and planting design, roadway and streetscape design, site analysis and feasibility, plant health care and diagnosis, tree preservation and selective clearing and grubbing, construction documents, specification development, construction administration and inspections, grading and drainage design and coordination, sustainability and innovation, and irrigation analysis and design for streetscapes, parks, residential developments and commercial sites. SELECTED PROJECT EXPERIENCE Interstate 95 and Palmetto Park Road Interchange, FDOT D4, Fort Lauderdale, FL: Project Manager. The Interstate 95 (SR 9) and Palmetto Park Road interchange is located within the City of Boca Raton in Palm Beach County, adjacent to environmentally sensitive natural areas and residential areas. The interchange serves as a major gateway to the City, providing high -visibility roadside landscape opportunities. This project represents one in a sequence of stand-alone landscape projects constructed or planned through the FDOT District Four Landscape Program to enhance the aesthetics and environmental conditions along the 1-95 corridor. The interchange contains four main quadrants with landscape opportunities along embankments on either side of the interstate mainline and ramps, retention areas, and numerous other roadside areas. The interchange contains two large, highly visible retention areas adjacent to the large circular on-ramp. A large stand of existing, mature live oaks, strangler figs, weeping figs and sabal pines, in addition to a few pond pines, have been preserved and integrated as part of the landscape design to demonstrate the aesthetic and environmental benefits of preserving established vegetation. These existing trees were supplemented with Florida native species that will withstand the occasional wet conditions of the retention area. An opportunity was created to feature the diversity and environmental benefits of Florida native species. Entry and exit points near Palmetto Park Road were identified as the major opportunities to maximize the potential to attract economic investment in the City with gateway landscape designs of high aesthetic value. The proposed landscape design complements the existing landscape along Palmetto Park Road and capitalizes on the visible areas at stopping points where drivers will spend longer durations of time at traffic signals, and on the visual impact of various high points along the interchange embankments. These strategically placed accents and high-value aesthetic plant material also features some of the region's most attractive landscape. The regional economic impacts of highway beautification expenditures have been studied and demonstrated. The FDOT Landscape Program should be recognized as a valuable environmental, beautification and economic driver in the State of Florida. SR 911-95 AT HYPOLUXO RD, FDOT D4, FL: Landscape Architect. As subconsultant to Stantec, KEITH is providing survey, utility coordination, and subsurface utility engineering services. This project requires full construction of Hypoluxo Road bridges over 1-95 and SFRC railroad tracks in West Palm Beach County, as well as the replacement of Hypoluxo Road bridge over 1-95 and the SFRC railroad tracks to accommodate Diverging Diamond Interchange configuration and reconstruction of all entrances and exit ramps to and from 1-95. SR AIIA Improvements Pompano Beach, Pompano Beach, FL: Landscape Architect. This project consists of streetscape improvements along SR A1A from Sunset Lane the Hillsboro Inlet. The streetscape improvements include the addition of landscaped medians, widened sidewalks where right-of-way is available, street lighting, and landscape improvements. These services consist of survey, subsurface utility engineering, civil engineering, traffic engineering, transportation engineering, landscape design, and construction engineering inspection for the proposed improvements. During early project coordination, it was determined that FDOT had an overlapping resurfacing project with the City of Pompano Beach's planned project. We were able to coordinate to have the FDOT funds transferred to the City of Pompano Beach to increase the construction budget on the City's project. Landscape Architectural Analysis and Design Services, FDOT D6, Districtwide, FL: Landscape Architect. As prime consultant, KEITH has been tasked under this task work order based contract, FPID 425402-2-32-01, to prepare a set of contract documents which includes plans, specifications, supporting engineering analysis, calculations, and other technical documents in accordance with FDOT policy, procedures, and requirements. These documents with be used by D6 or its CEI representatives for inspection and final acceptance of the project. Major work Page 22 of 897 GEOFF CAMPBELL, RLA, ISA, LEED AP BD+C Page 2 group includes 15.0 Landscape Architecture with minor work groups of 3.1 minor highway design, 7.1 signing, pavement marking, and channelization, 7.3 signalization, 8.1 control surveying, and 8.2 design, right of way, and construction surveying. Downtown Sopchoppy Overlay and Highway Commercial Overlay, City of Sopchoppy, FL: Landscape Architect. As a subconsultant to Sand County Studios, KEITH is providing Landscape Architectural and Planning services to the City. The team provided Architectural Design Guidelines, a review of land development codes, comprehensive plans, overlay zones and zoning. The project included a diligent inventory and analysis phase and multiple public outreach sessions, resulting in a set of Architectural Design Guidelines tailored to the Historic Community of Sopchoppy. Aloft Fort Lauderdale, Fort Lauderdale, FL: Landscape Architect where KEITH is providing professional services associated with Subsurface Utility Exploration (SUE), planning, civil engineering, and landscape architecture for the ALOFT Hotel. The landscape treatment and design approach for each development zone includes refinement of design concepts for all outdoor courtyards, gardens and water amenities spaces. In addition to the planning and civil engineering, the team will assist in the final construction document of the landscape and irrigation plans. Port Everglades Bypass Road, Fort Lauderdale, FL: Landscape Architect. As a subconsultant to WSP, KEITH was retained to provide geospatial engineering services including surveying and mapping, subsurface utility engineering, and utility coordination, as well as landscape architectural services for the design of a new two -land roadway known as Port Everglades ByPass Road from US 1 SR Al A to North of SE 20th Street. The project includes two bridges, relocation of the Port Everglades Spangler entrance security check point and six intersections. Page 23 of 897 Stanzione, Tamm From: City Clerk Sent: Tuesday, November 16, 2021 7:58 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application Attachments: resume_Tiffany_Crump.pdf From: tcrump2019 <noreply@123formbuilder.com> Sent: Monday, November 15, 20215:04 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 11/15/2021 Name TIFFANY CRUMP Phone number 561-267-8766 Address 783 NW 11th Street Boynton Beach 33426 United States Email tcrump2019@gmail.com Current occupation or, if retired, prior Urban Planner occupation Education Are you a registered voter? Do you reside within the Boynton Beach City limits? Bachelor of Arts in Urban Design Yes Yes 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 No City board in the past? If "yes", which board(s) and when? 1 Page 24 of 897 Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board 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'm an urban planner for KEITH, a multidisciplinary firm that specializes in location services, Qualifications planning, landscape architecture, and civil and transportation engineering. I have over 2 years experience in land development planning in both the private and public sector. My duties include: SITE DUE DILIGENCE SITE DESIGN PLATTING REZONING / LAND USE AMENDMENT CONDITIONAL USE PERMITS RIGHT OF WAY VACATION SITE PLAN APPROVAL I hold a B.A. in Urban Design from FAU. I'm a event coordinator volunteer for the Preservation Foundation of Palm Beach, working closely with Amanda Skier, President and CEO. I'm passionate about historic preservation and am a native to Boynton Beach. Professional American Institute of Certified Planners Memberships Preservation Foundation of Palm Beach Florida Nursery, Growers, and Landscape Association Florida Atlantic University Alumni Feel free to attach/upload an httl..)s://form.123formbuilder com ufjload .dlleid, e4841c38f00376a2a878725e7f59c8a6 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 boa rd. The message has been sent from 50.239.110.195 (United States) at 2021-11-15 17:04:16 on Chrome 95.0.4638.69 Entry ID: 497 Referrer htts„/`"www boypton-beach.or/ Form Host htt asform 123formbuilder.com 583214�'advisoryry board„aoomtment arallcation 7 Page 25 of 897 783 NW 111h Street, Boynton Beach, FL 33426 (561) 267-8766 tcrump20l9@gmail.com TIFFANY CRUMP SKILLS • Project Management • Code Research • Microsoft Office, PowerPoint, and Excel • AutoCAD • Adobe Acrobat and InDesign • Bluebeam WORK EXPERIENCE KEITH Fort Lauderdale, Florida Planner October 2021 — Present • Manage complex planning studies, development applications and reviews consultant proposals • Review and processes complex comprehensive plan amendments, rezoning's, annexations, site plans, plats • Assist/lead project management duties including coordination with all in-house and external disciplines • Prepare presentations in graphic format that represent complex project information in simplified formats • Represent Firm at meetings, presentations, organizations, and activities Village of North Palm Beach North Palm Beach, Florida Plannerl' October 2020 — February 2021 • Reviewed, analyzed, and provided proper interpretation of the laws, rules, and regulations affecting planning functions • Made recommendations on site plans, zoning verification letters, business tax receipt applications, and building permit applications to ensure conformance with codes and ordinances • Compiled research on special projects, including revisions to municipal code • Performed site inspections and responded to planning -relating inquiries from the public • Prepared reports, agendas, and presentations for city council and planning commission meetings, such as FDOThighway expansion project Marlin Engineering Plantation, Florida Planner I December 2019 — April 2020 • Conducted site visits for a variety of multi -modal transportation analysis • Prepared field reports, deployment schedules, and site selection spreadsheets for traffic monitoring projects • Worked with planning and traffic engineering departments to aid in project development • Assisted with Broward MPO freight planning activities • Created pedestrian and bicycle transportation assessments • Created maps and charts to illustrate studies Planning Technician • Organized raw data in project files • Created draft reports and population data analysis for mobility hub projects • Created meeting agendas • Attended public workshops EDUCATION Florida Atlantic University Bachelors of Urban Design ORGANIZATIONS • American Institute of Certified Planners • Preservation Foundation of Palm Beach • Florida Nursery, Growers, and Landscape Association • Florida Atlantic University Alumni Association REFERENCES Available upon request August 2019 — December 2019 Boca Raton, FL December 2019 Page 26 of 897 Stanzione, Tamm From: gregharts <noreply@123formbuilder.com> Sent: Wednesday, November 17, 2021 3:19 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/16/2021 Name Gregory Hartmann Phone number 954-258-3236 Address Email Current occupation or, if retired, prior occupation Education 1083 SW 25 PL na Boynton Beach FL 33426 United States gregharts@protonmail.com Motion Graphic Artist Connecticut School Of Broadcasting Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board 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 My name is Gregory Hartmann. I'm a resident of Boynton Beach, & currently am running for Commission District 1. I am looking to be accepted to join the Art Advisory Board as an alternate. 1 Page 27 of 897 I am a full time motion graphic designer employed with an ad agency in Palm Beach County. I also own my own motion design business. My main role is as an `animator'. Here are some links to my work COOQWdXO I would be honored to serve on the board, even as an alternate. Thank you for your consideration. -Gregory Hartmann 954-258-3236 gregharts@protonmail.com Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, 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 73.205.112.43 (United States) at 2021-11-17 15:19:19 on Safari 15.1 Entry ID: 498 Form Host:ll,jIOFiirvm Ilmuuuull_�uV_,u INuya..Il uc .Isuuua �u :iii:u Page 28 of 897 Stanzione, Tamm From: City Clerk Sent: Friday, November 19, 2021 8:55 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: GolfCaneMan <noreply@123formbuilder.com> Sent: Thursday, November 18, 20216:15 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 11/18/2021 Name Dan Winters Sr. Phone number 561-523-6990 Address 638 Snug Harbor Drive Boynton Beach FL 33435 United States Email GolfCanewMaR2.yAhoo.com Current occupation or, if Retired -Ambassador at Broken Sound Golf club retired, prior occupation Education Studied at Wittenberg University & University of Georgia Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Recreation & Parks Advisory Board mid 1990's when? Community Developement Advisory Board Have you ever been convicted Yes of a crime? If "yes", when and where? Belle Glade in 2001- put on probation Advisory Board Recreation & Parks Board 1 Page 29 of 897 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 Retired Park & Recreation Director- Involved with the Boynton Beach Community for several years Professional Memberships Palm Beach County Golf Association Parks & Recreation Association 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 99.105.42.200 (United States) at 2021-11-18 18:14:30 on Chrome 95.0.4638.69 Entry ID: 500 Form Host htt,p� ,,� Jform,12.3formby l,.de.r coin/5832,14�Advlsory Board A al ointment A� ��;.Lication Page 30 of 897 Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-167 - Authorize the Mayor to sign the agreement between the City and the State of Florida Department of Library & Information Services for the ARPA (American Rescue Plan Act) Grant in the amount of $93,084 for FY 2021-2022. Explanation of Request: The Boynton Beach City Library has been awarded a Florida American Rescue Plan Act Grant in the amount of $93,084. This grant will allow the Boynton Beach City Library to offer technology training for entrepreneurs and anyone seeking to develop their skills for career advancement. How will this affect city programs or services? The library will purchase portable technology equipment and hire an instructor to accomplish this training. A mobile laptop charging station with 24 laptops (23 for students and one for the instructor) and a printer will be purchased to enable classes to be conducted in the large community room at City Hall. The laptops will have the following software on each one: Microsoft Office, QuickBooks, QuickBooks Self-employed, Rebelle 4 Art, SmartSheets Project Management, and Adobe Photoshop Elements. When not in use in a classroom setting, the equipment will be accessible to Library patrons. A full-time Public Technology Trainer will be hired to provide the instruction. The person in this position will survey the public, create a list of classes, develop a curriculum, and create practice exercises, quick access shortcut sheets and handouts. The grant period will end September 30, 2022. Fiscal Impact: No matching funds will be required. Alternatives: Not approve the grant agreement. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Yes Page 31 of 897 Grant Amount: 93,084 Attachments: Type D IRE)S()l LA ti 0 II'l Description RE)SOkAboin approviing ()ir'aii'itAgir'EsEsiryiEsll'it Ul IS F:::llorlida ArTIE)ricain IRE)SCLAE) IRla in Act Page 32 of 897 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 6 STATE OF FLORIDA DEPARTMENT OF LIBRARY & 7 INFORMATION SERVICES FOR THE AMERICAN RESCUE 8 PLAN ACT (ARPA) GRANT IN THE AMOUNT OF $93,084.00 9 FOR FISCAL YEAR 2021-2022; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the Boynton Beach City Library has been awarded a Florida American 14 Rescue Plan Act Grant in the amount of $93,084.00; and 15 WHEREAS, this grant will allow the Boynton Beach City Library to offer technology 16 training for entrepreneurs and anyone seeking to develop skills for career advancement; and 17 WHEREAS, the library will purchase portable technology equipment and hire an 18 instructor to accomplish this training; 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 Mayor to sign the 21 agreement between the City and the State of Florida Department of Library & Information 22 Services for the ARPA (American Rescue Plan Act) Grant in the amount of $93,084.00 for FY 23 2021-2022. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. S:ACA\RESO\Agreements\Grants\Library ARPA Grant 2021-22 - Reso.docx Page 33 of 897 29 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 30 approve and authorize the Mayor to sign the agreement between the City and the State of 31 Florida Department of Library & Information Services for the ARPA (American Rescue Plan Act) 32 Grant in the amount of $93,084.00 for FY 2021-2022, a copy of which is attached hereto as 33 Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 7th day of December, 2021. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Grants\Library ARPA Grant 2021-22 - Reso.docx VOTE YES NO Page 34 of 897 6.B. Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-168 - Approve and authorize the City Manager to enter into an agreement with Digitech Computer LLC, for EMS billing services via a piggy back agreement with City of Pompano Beach. Explanation of Request: Contracting with a third party billing service vendor for EMS billing will create employee cost savings and projected increased transport revenue for the city. How will this affect city programs or services? Will not affect city programs but will streamline, improve and result in a projected increase in the amount of revenue collected for EMS transports by Boynton Beach Fire Rescue. Fiscal Impact: Budgetary savings of $223,665, projected revenue increase year one of $103,732 for a total fiscal impact of +$327,397. Alternatives: N/A Strategic Plan: High Performing Organization Strategic Plan Application: In Meeting strategic goals of achieving and maintaining a high performing organization, this business model change will improve efficiency while reducing costs to the citizens of our community. Climate Action Application: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Digitech Computer LLC an EMS Billing Services Company Start Date: 1/1/2022 End Date: 1/1/2027 Page 35 of 897 Contract Value: Varies depending on revenue generated Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Attachments: Type D Ag ir'E�'E) rTIE) III t D Riggy IBacllc D OthE)r Description IRE)SOkAtioin appiroviing piggy back of IC.loirnpair o BE�,ach Agir'E)E)irTIE)I['It with DigREKh for IE MS Trainspoirt IBli11llliir g BoyintoinBE�,ach EMS IBIiIIIlliirg SE�lir-\A(�,EssAgir'EsEsirylEsll'it Riggy IBa(�,,ll(Agir'EsEsirTIEsll'It City of FloirnpainoBE�,ach EMS Trainsport IRE)VEN11LAE)Flir'OjEICUOIIIS Page 36 of 897 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 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACKING OF THE CITY OF POMPANO BEACH, FL. AGREEMENT AND AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH DIGITECH COMPUTER, LLC., FOR EMS BILLING SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, contracting with a third party billing service vendor for EMS billing will create employee cost savings and projected increased transport revenue for the City; and WHEREAS, entering into this Agreement with Digitech Computers will streamline, improve and result in a projected increase in the amount of revenue collected for EMS transports by Boynton Beach Fire Rescue; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve piggy -backing the City of Pompano Beach Agreement and authorizing the City Manager to enter into an Agreement with Digitech Computers, LLC., for EMS Billing Services. 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 hereby approves piggy -backing the City of Pompano Beach Agreement and authorizes the City Manager to enter into an Agreement with S:ACA\RESO\Agreements\Piggy-Back Pompano For Digiiech Computer (EMS Billing) - Reso.Docx Page 37 of 897 28 Digitech Computers, LLC., for EMS Billing Services, a copy of which is attached hereto as Exhibit 29 "A. 30 Section 3. This Resolution shall become effective immediately upon passage. 31 32 PASSED AND ADOPTED this 7th day of December, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (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 Pompano For Digiiech Computer (EMS Billing) - Reso.Docx YES NO Page 38 of 897 AGREEMENT FOR BILLING SERVICES This Agreement is made as of this day of , 2021 by and between DIGITECH COMPUTER LLC with a principal address 480 Bedford Road, Building 600, 2nd Floor, Chappaqua, NY 10514, hereinafter referred to as "Digitech" and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with abusiness address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS, in order to maintain EMS third party billing services to the public, the City's Finance Department is requesting the City enter into an Agreement with Digitech to perform EMS third party billing services; and WHEREAS, Digitech has agreed to allow the City to piggy -back that certain Billing Service Agreement between the City of Pompano Beach, FL and Digitech Computer LLC dated May 25, 2021 for a five 5 year term commencing May 25, 2021 (the "Pompano Beach Agreement"); 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 Digitech agree that Digitech shall provide EMS third party billing services based on the Pompano Beach Agreement for a five (5) year term commencing January 1 2022, except as hereinafter provided. The City shall have the option to extend the term for additional terms upon fH f n.�].. approval of the extension of the Agreement by the City commission, provided that City has given Digitech notice of its election to renew 120 days prior to the expiration of the current term. A copy of the Pompano Beach Agreement is attached hereto as Exhibit "A". A. All references to the Pompano Beach Agreement shall be deemed as references to the City of Boynton Beach. f3 :........................... -he C qty sha➢.➢ a�, �Jts..a➢..ead existin z Bank o1'America lockbox. and shall maintain a lockbox. including all fees. for the duration o1' the A zreernent.. An lockbox ......... ............ m.aJ.nta�. e.d b _the City sha➢.➢ me t,t - o➢lows. g quirernents: i................................._A JI.J.. osit date along with the functionality to download: Page 1 Page 39 of 897 File I – Der)osit File (includes checks and EOB).- and .2 .................................. FJ I e 2 ........ . ....... C oll-.e..s.Wndence File -(incl.gdes all .................. ....................... ............. related to a a rrnent, such as anent, letters. �eniai EOB with no ........................................................... .ch.' e ' c " k etc., ' ' " ........................................ ... ... ..... . .... ... .... . ii Establish online web access to lockbox for billim, d ......................................................................................................................................................................................................................................................................................... iiiA il' to rrun a monthl de osit. re ort. – re ort, rrnust. rovide a total ........................ ......... A nd ACH or EFT ..iV .............................. Qn.] i.R.e a -c -c -e -s s to ACH oE ` I ... ............ I je ositt information. E ...... p C� Where a com all credit card ..................................................................................... ..................... transaction fees shall be g��jd by 1, constuner. Digitech bears..._no in .......................................................................................................... ............. .................................................................... ....................................................................... ............... p�yin z any credit. card tra�nsactio�n fees. P ............................... D.J.. e..c.I.i o..n B i I I.i.ne d �it balances mont.hly-ffhen applicable. City,�hqjj sible for Yernitling..pU hent ........................................... ................................... ...... ... .. h.q.ch t.o th.e i d.e..n..tj f] e..d RUer ..... .... .... .... ... .... ........ .... . .... .... .... .... .. .. ... .... — .........:. ...........................In ....ad.di.t.i...o.n.....to .....t....h......e..........B............l...l....i.n. g__5Ler.v..i.c..e.s...o.t.alined in Section ILA_).( a) gf i del....A.....to ....the 2.21 billin , for automobile and on. ....... .... ... .. . .... . . ... g2j p�sati E .............................._the ... 1, D.J.. rtin , services. and therefore :g Cit shall not be obl . gated toDa Q1i itech the $35.000 one time fee outlined in Section V(A)(6) of Rider A. Q ............................... Qigite.ch and C i1 will not be undertaking a Historica Accounts pro . ect, and therefore City will not.oblj ................................................................................ . ....................... .................. ............... ... Y(A).Q. of Rider A. . ............................................................ 11:11, All Notices shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Page 2 Page 40 of 897 Facsimile: (954) 771-4923 Digitech: Mark Schiowitz, President & CEO 480 Bedford Road, Building 600,2 d Floor Chappaqua NY 10514 Attn: Legal Department Email: contracts@digitechcomputer.com C. The following terms and conditions are hereby incorporated into the Agreement: ........................ X Lt1SIVJT -C. L,1EN..]......age.ees.....that.._�:➢.➢:....b .11' z services outlined herein and in the I orr ano Beach A zreernent w�➢➢ be perforrne� by Qj zitech exclusivel Burin z the_terin of this Arreement, an 1.1or a period 01' at. least.ninet�(90),ays 11-orn the last, transport. date prior to the teiminat.�on or ex iration of this A zreernent. the "Windin , Down Period" .and an extensions .................................................................................. or renewals thereof. 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. Page 3 Page 41 of 897 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, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. 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. 1 he artier a tree that. an clairrn or his ute between therrn. whether related to this Agreement or ..................... gj, rrwJse., inch1 in , the validit: of this arbitration clause. shall be resolved b bindin z arbitration by the Arrnerican Arbitration Association ("AAS. under the AAA arbitration Yules then in effect.. before ,one -�1) arbitrator in Iia➢rrn Beach C;ounty., F➢ori�la., or at either party"s option., via video conferrenc An award of the arbitrator rrnay be entered as a 'u� rrne�t. an acv court, 01' corrnpetent. jurisdiction. Either �arty rrnay corrnrrnence such arbitration u�on no less than thirty (30� �ays Wratten notice to the other. .............................................................................................. Page 4 Page 42 of 897 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 Pompano Beach Agreement is amended, or terminated, Di _ ig tech shall notify the City within ten (10) days. In the event the Pompano Beach Agreement is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 2. Di _ ig tech 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 Pompano Beach Agreement 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 Page 5 CITY OF BOYNTON BEACH, FLORIDA an Lori LaVerriere, City Manager Page 43 of 897 WITNESSES: ATTEST: SECRETARY DIGITECH COMPUTER LLC Ms Page 6 Print Name: Title: Page 44 of 897 EXHIBIT A AGREEMENT BETWEEN THE CITY OF POMPANO BEACH, FL AND DIGITECH COMPUTER LLC Page 7 Page 45 of 897 ORDINANCE NO. 2021- 58 CITY OF POMPANO BEACH Broward County, Florida AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF POMPANO BEACH, FLORIDA, APPROVING AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A BILLING SERVICE AGREEMENT AND A BUSINESS ASSOCIATE ADDENDUM BETWEEN THE CITY OF POMPANO BEACH AND DIGITECH EMS BILLING, INC.; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to law, ten (10) days' notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing in the City Commission Chambers of the City of Pompano Beach; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which hearing the parties in interest and all other citizens so desiring had an opportunity to be and were, in fact, heard; now, therefore, BE IT ENACTED BY THE CITY OF POMPANO BEACH, FLORIDA: SECTION 1. That an Agreement and Addendum between the City of Pompano Beach and Digitech EMS Billing. Inc. for billing and collection services, a copy of which Agreement and Addendum are attached hereto and incorporated by reference as if set forth in full, are hereby approved. SECTION 2. 'I'liat the proper City officials are hereby authorized to execute said Agreement and Addendum between the City of Pompano Beach and Digitech EMS Billing, Inc. SECTION 3. It'any provision of this Ordinance or the application thereof to any person or circumstance is held invalid. Such invalidity shall not affect other provisions or applications of Page 46 of 897 this Ordinance that can be given effect vvithoutthe invalid provision or application, and to this end the provisions oftills Ordinance are declared {nboseverable. SECTION 4. This Ordinance shall become effective Upon passage. PASSED FIRST READING Lhiy 27th day of April `202|. PASSED SECOND READING this 6xof May _______ 25�b REX'HARDIN, MAYOR ATTEST: 4 -Z�' d'-� ASCELETA HAMMOND, CITY CLERK 3/lU/2l Lord/2021-139 IO2|. Page 47 of 897 BILLING SERVICE AGREEMENT This BILLING SERVICE AGREEMENT, dated May 25, 2021 , 2021 ("Agreement") between DIGITECH COMPUTER LLC ("DIGITECH") maintaining its principal place of business at 480 Bedford Road, Building 600, 2nd floor, Chappaqua, NY 10514 and the CITY OF POMPANO BEACH ("CLIENT") maintaining its principal place of business at 100 W. Atlantic Boulevard, Pompano Beach, FL 33060. WITNESSETH: The parties hereby agree as follows: I. SERVICES A. DIGITECH will provide CLIENT the services ("Services") specified in Sections I, II, III and IV of Rider A. DIGITECH ......shall .......also -pay annual fees to support. the C.L.IE.NT'.s previously used billingsoftware foraccessto historical files., H. PAYMENT A. CLIENT agrees to compensate DIGITECH for the Services as described in Rider A, as applicable. B. All payments will be due within forty five (45) days of receipt of DIGITECH's invoice. C. In the event an invoice is disputed in good faith, CLIENT is entitled to withhold only that part of the invoice that is in dispute. If an invoice is in dispute, the parties agree to consult in good faith to resolve any disputes regarding the invoice. D. If the uncontested invoice or uncontested portion of an invoice remains unpaid sixty (60) days from the invoice date, DIGITECH, at its option, may elect to suspend its Services under this Agreement upon fifteen (15) days prior written notice to CLIENT or terminate this contract upon forty- five (45) days prior written notice to CLIENT. III. CONFIDENTIALITY A. With regard to CLIENT's Protected Health Information ("PHI"), DIGITECH will perform the Services hereunder in accordance with the HIPAA Business Associate Agreement set forth in Rider B and applicable law. Page 48 of 897 B. DIGITECH acknowledges and agrees that any and all information and material supplied by CLIENT to DIGITECH hereunder shall remain the property of CLIENT. DIGITECH will not make copies of such information or material, except to the extent necessary to perform the Services under this Agreement. DIGITECH, its employees, agents, assigns, subcontractors and successors shall keep strictly confidential all information designated by CLIENT as "confidential". C. To the extent allowed by Chapter 119 Florida Statutes CLIENT acknowledges and agrees that the software, and all other systems related to the provision of Services hereunder, are DIGITECH's confidential proprietary information, and CLIENT agrees that it will disclose such material onlyto those of its employees and agents who have a need to know, that it will use such material only in connection with the Services hereunder, and that it will take all reasonable precautions to prevent the disclosure of such confidential information to, or use by, any other party. CLIENT acknowledges and agrees that all software developed by DIGITECH for CLIENT using CLIENT's specifications, or DIGITECH's specifications, or a combination of both, will remain DIGITECH's confidential proprietary property, unless the parties have otherwise agreed in writing. Client shall, at all times, comply with the public records disclosure requirement of Chapter 119 Florida Statutes and shall not be subject to any liability for its compliance with Florida Statute Chapter 119. D. CLIENT will not be obligated to provide DIGITECH with any information, which by law or its own policy may not be provided to DIGITECH. Upon any termination of this Agreement, PHI will be treated as set forth in Rider B and applicable law. IV. TERM, TERMINATION AND RENEWAL A. The initial term ("Initial Term") of this Agreement consist of a five (5) year claim processing period commencing on the date hereof, plus CLIENT shall have the option to extend the Initial Term for additional terms upon final approval of the extension of the Agreement by the City Commission, provided CLIENT gives DIGITECH notice of its election to renew one hundred and twenty (120) days prior to the expiration of the then current term. DIGITECH will be entitled to its fees as described in Rider A for all collections for transports with dates of service from the date hereof through those transports with dates of service prior to the end of the Initial Term. B. Except as otherwise provided in the Business Associate Addendum regarding a basis for termination for violation of the obligations of the Business Associate Addendum, either party may, upon thirty (30) days written notice, via certified mail, identifying specifically the basis for such notice, terminate this agreement for breach of a material term or condition of this Agreement, provided that the party in breach shall not have cured such breach, or taken substantial steps toward curing such breach, A4 Page 49 of 897 within the thirty (30) day period of being notified in writing, via certified mail, of the breach. This paragraph does not apply to nonpayment, which is addressed in paragraph II (D) above. C. Notwithstanding anything to the contrary in this Agreement, either party may immediately terminate this Agreement upon five (5) days prior written notice in the event: 1. The other party becomes insolvent, bankrupt, files a voluntary petition in bankruptcy, makes an assignment for the benefit of creditors, or consents to appointment of a trustee or receiver, or has an involuntary petition of bankruptcy filed against it: or 2. The legal authority of the other party to operate its facility or provide services as required hereunder is suspended or terminated; or 3. A party hereto is excluded from participation in any state and/or federal health care program; or 4. The Business Associate Addendum between DIGITECH and CLIENT is terminated. D. Upon the expiration (by non -renewal or otherwise) or termination of this Agreement, the parties shall proceed in accordance with Section XI — Transition Following Termination or Expiration below. E. Either party may terminate this Agreement, without cause, with 180 days prior written notice. F. If CLIENT terminates early, CLIENT shall reimburse DIGITECH for the unamortized cost of any hardware purchased by DIGITECH for CLIENT. V. INDEMNITY AND LIABILITY A. Digitech shall indemnify and hold harmless the other party and its agents, employees and subcontractors ("Indemnified Party") from and against losses, liability, fines, suits, demands, arbitration fees, damages and expenses (including reasonable attorney's fees) due to claims made by third parties against an Indemnified Party arising from any act, omission, misrepresentation, fraud, violation of any law, breach of confidentiality, breach of the Business Associate Addendum, intellectual property violation, or any willful, wanton, reckless, or grossly negligent act committed by the defaulting party, or its agents, employees and subcontractors. Notwithstanding the foregoing, the defaulting party's liability shall be limited as set forth below in paragraphs V(B) through (1). 3 Page 50 of 897 B. To the extent permitted by law, DIGITECH's liability shall be limited to amounts paid by DIGITECH's errors and omissions insurance policy, excluding any applicable deductible or retention under that policy, for which DIGITECH shall remain liable. DIGITECH agrees to maintain no less than $2,000,000 in errors and omissions insurance covering the performance of its duties set forth herein for the duration of this Agreement. If Digitech fails to obtain and maintain such insurance, there is no limitation of liability as set forth herein. Except as covered by insurance, in no event shall either party be liable to the other for any loss in profits, or for any special, incidental, indirect, consequential or other similar damages (but excluding penalties and fines) suffered in whole, or in part, in connection with this Agreement, even if a party or its agents have been advised of the possibility of such damages. Except as covered by insurance, in no event shall either party be liable for any delay or failure of performance that is due to causes or conditions beyond that party's reasonable control (this clause does not apply to CLIENT's payment obligations). C. Both DIGITECH and CLIENT are independent contractors. Neither party, by virtue of this Agreement, assumes any liability for any debts or obligations of either a financial or legal nature incurred by the other party, except as set forth herein. D. CLIENT specifically agrees that it is responsible to repay any overpayments, denials, recoupments and/or offsets, including interest, penalties and other fees, sought, demanded or initiated by any governmental or commercial carrier, payer or insurer in the event it is determined that CLIENT is not entitled to payment for its services rendered, or if any such carrier, payer or insurer determines that CLIENT has been paid any amounts in excess of what is otherwise due and payable under the terms of the applicable governmental or commercial benefit program or insurance policy. Except to the extent covered by insurance (including payment of deductible) or as a result of a fine or penalty, DIGITECH's liability regarding any such bill or claim will not exceed the fee paid to DIGITECH to process such item, except this limitation of liability shall not apply to any claims or liability that may arise out of misrepresentation, fraud, or violation of any law, or any willful, wanton, or reckless or negligent conduct by DIGITECH. Notwithstanding the foregoing, DIGITECH shall pay any penalties and fees caused by its own negligence or willful misconduct. E. DIGITECH will not be liable in the event of a recoupment caused by a change in federal or state regulations, a change in the interpretation of federal or state regulations, a refund caused by an EMS crew member's or CLIENT's expired license or certification, or if DIGITECH is directed by the CLIENT to bill against DIGITECH's advice and an audit determines that a Claim should not have been billed. CLIENT will not be entitled to any refund or credit of any fee paid to DIGITECH, and DIGITECH will have no liability whatsoever in the event of such recoupment, except where DIGITECH failed to conduct sufficient due diligence to remain current on any changes to, or the interpretation of, applicable regulations. 4 Page 51 of 897 F. In the event that an internal or external audit of paid claims determines that there was an overpayment for which DIGITECH collected a fee based on claims given a disputed level of service and/or inaccurate rates, DIGITECH will issue a credit to CLIENT for an amount equal to the DIGITECH fee earned on the amount overpaid and returned. Except as set forth above, the credit will be capped at the amount of the fee paid to DIGITECH for each adjusted claim. G. In the event that the CLIENT receives a duplicate payment or overpayment and must refund the payer (e.g., the insurance company paid the same invoice twice, or the insurance company and patient paid the same claim, or two different insurance companies paid the same claim), DIGITECH will give the CLIENT a credit in an amount equal to the portion of DIGITECH's fee that applies to the duplicate payment or overpayment after CLIENT has refunded the payer. H. CLIENT acknowledges that DIGITECH is not a guarantor of collection, and that it shall not be responsible for any uncollected bills. CLIENT may subcontract with any third party to follow up regarding accounts that DIGITECH deems uncollectible after attempting to collect pursuant to the terms of this Agreement and Rider A. I. The rights and remedies in this Section constitute the exclusive rights and remedies of the parties with respect to matters indemnified under this Section. VI. EXCLUSIVITY A. CLIENT agrees that all billing Services outlined herein will be performed by DIGITECH exclusively during the term of this Agreement and for a period of at least ninety (90) days from the last transport date prior to the termination or expiration of this Agreement (the "Winding Down Period"), and any extensions or renewals thereof. VII. COMPLIANCE A. DIGITECH warrants and represents that it maintains adherence to the Office of Inspector General of the Department of Health and Human Services Compliance Program Guidance for billing companies as published in the Federal Register, by the DHHS or OIG in other publications or by the Medicare Administrative Contractor for CLIENT's service area, including verification that no one on DIGITECH's staff is excluded from participation in any state and/or federal health care program. B. DIGITECH agrees to comply with all applicable federal and state laws, including "anti -kickback," "excessive charges," and other regulations relevant to this Agreement. C. CLIENT represents and warrants that it is not excluded from participation in any state and/or federal health care programs. CLIENT further agrees that they shall be responsible for verifying that none of CLIENT's employees are excluded from 5 Page 52 of 897 participation in any state and/or federal health care program and that every EMS crew member's license and certification are current and valid. CLIENT agrees to notify DIGITECH within five (5) business days of CLIENT's discovery that it is the subject of any actions, investigations or other proceedings that could lead to its exclusion from any state and/or federal health care programs. D. CLIENT warrants that it will not send DIGITECH any trips provided by any excluded or improperly credentialed individuals. E. DIGITECH warrants that it will not utilize any excluded individuals to perform any work on any of CLIENT's claims. F. CLIENT represents and warrants that it is permitted by law to charge a fee and/or otherwise bill and be paid for its services, and that all fees and charges of CLIENT are solely determined by CLIENT, and are consistent with CLIENT's legal obligations under any local, state and/or federal laws. G. CLIENT represents and warrants that it shall submit only truthful and accurate facts and documentation to DIGITECH for billing purposes. CLIENT is hereby advised that DIGITECH shall rely upon the documentation and factual representations made to it by CLIENT regarding the eligibility of the services rendered for payment according to applicable reimbursement laws, rules or policies. VIII. INSURANCE A. DIGITECH shall maintain, at its expense, at minimum, the following insurance coverage during the term of this Agreement, any Winding Down Period, and any extension and/or renewal thereof: 1. Comprehensive General Liability. Comprehensive General Liability Insurance, including Premises and Operations, Contractual Liability, Independent Contractor's Liability, and Broad Form Property Damage Liability coverage: a) General Aggregate $2,000,000 Products and Completed Operations $2,000,000 Personal and Advertising $1,000,000 Each Occurrence $1,000,000 Medical Expense anyone Person $5,000 Cyber Liability $1,000,000 2. DIGITECH also shall maintain errors and omissions insurance coverage in an amount not less than $3,000,000. Prior to the execution of this Agreement, DIGITECH shall provide proof of such coverage to CLIENT. A Page 53 of 897 IX. NOTICES A. All notices or other communications required or contemplated herein shall be in writing, sent by certified mail return -receipt -requested, overnight delivery, or personal delivery, addressed to the party at the address indicated below, or as same may be changed from time to time by notice similarly given. Notices shall be deemed given three (3) business days after mailing, if by certified mail, the next business day, if by overnight delivery, or, if hand delivered, on the date of such delivery. If to DIGITECH: Mark Schiowitz President & CEO Digitech Computer LLC 480 Bedford Road, Bldg. 600, 2nd floor Chappaqua, NY 10514 Email: rfi@digitechcomputer.com If to CLIENT: City of Pompano Beach City Manager 100 W. Atlantic Boulevard Pompano Beach, FL 33060 Email: X. CLIENT RESPONSIBILITIES A. CLIENT agrees to provide DIG ITECH all information required to perform the Services. Furthermore, CLIENT agrees to deliver said information by automated field data: Automated Field Data Collection CLIENT'S ePCR vendor shall: a) Produce a daily billing file in the standard NEMSIS XML file format as defined by the NEMSIS data set Schematron on the nemsis.org website and as shown on Exhibit 1. The daily billing file will be one file containing all claims approved for billing since the last daily billing file; b) Include all data elements in the daily billing file required for billing. This includes, but is not limited to date of service, signature information (both a signature signal & image instructions), unique ID per transport, unique ID per transport agency (please refer to Exhibit 1); 7 Page 54 of 897 c) Produce and provide a PDF copy of the PCR for each call included in the NEIVISIS XML file. The PDF must be named with the unique ID of the call. d) Automatically push the daily billing files via SFTP to DIGITECH's FTP server; Mutually agree on custom data elements with both CLIENT and DIGITECH for items such as treatments, supplies, etc. f) Allow DIGITECH employees to login to secure website to: (1) Manually produce a billing file based on the same billable claim criterion used to produce the daily billing file; (2) Easily look up transports by a unique ID, Date of Service and Patient Name; (3) View details of transport including additional documentation such as PCS, Hospital Face Sheet, etc. e) Provide a method for DIGITECH to produce a Reconciliation Report. The report will: (1) Be an Excel spreadsheet; (2) Include all billable claims for the specified date of service date range (3) Include columns for Unique Transport ID, Patient Name, Date of Service f) Work with DIGITECH to produce a seamless transport look up integration between DIGITECH's Ambulance Commander System and the ePCR System. g) CLIENT or CLIENT's ePCR vendor shall pay all third party costs incurred to purchase, support, integrate and maintain the CLIENT's field data collection system B. CLIENT agrees to provide copies of all remittances or electronic remittance files necessary for posting by DIGITECH within four (4) business days of receipt of remittance(s). DIGITECH requires the original, unaltered or "raw" electronic payer file that is produced by the payer. DIGITECH will not accept files which have been modified by any non -payer party. DIGITECH will not accept paper remittances in lieu of electronic remittances. CLIENT agrees to pay charges incurred to convert a payer file back to its original, unaltered or "raw" state. C. In cases where DIGITECH has verified payment, but CLIENT cannot provide remittance advice, DIGITECH will provide such listing to CLIENT and CLIENT agrees to allow DIGITECH to apply such payments. CLIENT agrees that the application of such payments by DIGITECH will entitle DIGITECH to earn the fees described in Rider A, Section V. D. CLIENT agrees to pay for all fees associated with the establishment and maintenance of a CLIENT controlled cash receipt/check bank lock box or deposit account. H. Page 55 of 897 E. CLIENT agrees to pay for all credit card transaction fees. F. CLIENT agrees to establish and maintain a broadband or high speed internet connection, with static IP address, from its place of business to the Internet. CLIENT shall maintain a bandwidth of at least 1MB free for every 5 active users. G. CLIENT agrees to complete and submit all Registration/Change of Information Applications with the insurance processors, including, but not limited to Medicare, Medicaid and Blue Cross Blue Shield. DIGITECH shall confirm receipt of applications and continue follow-up with insurance processors until final approval where possible. DIGITECH will inform CLIENT if the CLIENT's intervention is required by processor. H. CLIENT agrees to authorize DIGITECH to execute and submit all Registration/Change of Information Applications with the insurance processors, including, but not limited to Medicare, Medicaid and Blue Cross/Blue Shield, where necessary. I. CLIENT agrees to pay for any enrollment or revalidation fees imposed by payers. J. Where possible, CLIENT agrees to flag non -billable claims prior to submission to DIGITECH for procedure coding. K. Client agrees to email DIGITECH cash posting manager with EFT/ACH amounts deposited and deposit dates for each payer paying via EFT/ACH on a daily basis. L. Client Agrees to pay for any enrollment or revalidation fees imposed by payers. XI. TRANSITION A. In the event this Agreement terminates or expires under the provisions described in Section IV of this Agreement, the following shall occur (certain Service exclusions apply and may require an additional fee during the 90 day Winding Down Period period): 1. DIGITECH will cease all processing including the collection services described in Rider A, ninety (90) days from the last transport date for which Digitech is responsible for processing ("Termination Date"). CLIENT will provide DIGITECH with remittance advice or cash receipt data, as described in Section X.B., for all deposits within the 90 day Winding Down Period and shall pay to DIGITECH its fees on these receipts pursuant to Section V of Rider A. DIGITECH will be entitled to all fees for its Services for the full 90 days of deposits after the Termination Date for which CLIENT receives remittances. Should the parties agree in writing to extend the Winding Down Period, DIGITECH shall be entitled to all fees for its 0 Page 56 of 897 Services for the entire time that the Winding Down Period is extended. 2. Subsequent to the completion of all processing and cash posting, DIGITECH will provide client with its data in SQL format once DIGITECH has been fully paid for services rendered. 3. Upon expiration or termination of this Agreement, all additional services under Rider A shall cease, unless the parties agree in writing to extend the term of such services to include the Winding Down Period. 4. Upon termination or expiration of this Agreement, DIGITECH agrees to reasonably cooperate with CLIENT in transitioning from DIGITECH to another service provider of CLIENT's choosing. XII. MODIFICATION; GOVERNING LAW; ARBITRATION; ENTIRE AGREEMENT; FURTHER ASSURANCES; SEVERABILITY; WAIVER; AUTHORITY; SUCCESSORS AND ASSIGNS A. This Agreement may be supplemented, amended or modified only by the mutual agreement of the parties. No waiver, supplement, amendment or modification of any provision of this Agreement shall be binding unless it is in writing and signed by all parties. B. Agreement must be interpreted and construed in accordance with and governed by the laws of the State of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement will be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit will be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. C. The parties agree that any claim or dispute between them, whether related to this Agreement or otherwise, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association ("AAA"), under the AAA arbitration rules then in effect, before one (1) arbitrator in Broward County, Florida, or at either party's option, via video conference. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. Either party may commence such arbitration upon no less than thirty (30) days written notice to the other. D. This Agreement, including the attached rider(s) and exhibit(s), contains the entire IM Page 57 of 897 agreement between the parties relating to this transaction and supersedes all previous understandings and agreements between the parties relating to this subject matter. Each party acknowledges that it has not relied on any representation, warranty, or other assurance made by, or on behalf of, the other party, except as expressly set forth herein. E. From time to time, each party will execute and deliver such further instruments, and will take such other action as the other party may reasonably request, in order to discharge and perform its respective obligations and agreements hereunder. F. Any provision of this Agreement prohibited by applicable law will be ineffective to the extent of such prohibition without invalidating the remaining provisions hereof. G. This Agreement may be the basis for an Interlocal or Cooperative Procurement Agreement. In the event that this contract is the basis for an Interlocal or Cooperative Procurement, the price shall be modified so that Digitech may project payment of at least $15 per transport based on the Client's transport volume and payor mix. H. The failure of either party to require strict performance of any provision will not diminish that party's right thereafter to require strict performance of any provision. I. The signatories below have the authority to sign on behalf of the respective parties. J. This Agreement shall be binding on, and will inure to the benefit of, the parties hereto and their respective successors and assigns. K. This Agreement, and the duties and obligations placed on the parties, may not be assigned, except with the express written consent of the other party. XIII PUBLIC RECORDS Public records. DIGITECH shall comply with all provisions of Florida Statutes Chapter 119. Specifically DIGITECH shall: 1. Keep and maintain public records required by the City in order to perform the service; 2. Upon request from the City's custodian of public records, provide the City with a copy of 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 Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the DIGITECH does not transfer the records to the City; and 4. Upon completion of the contract, transfer, at no 11 Page 58 of 897 cost to the City, all public records in possession of the DIGITECH, or keep and maintain public records required by the City to perform the service. If the DIGITECH transfers all public records to the City upon completion of the contract, the DIGITECH shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the DIGITECH keeps and maintains public records upon completion of the contract, the DIGITECH shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records i.n.......a......fo.r.m.at......t.h.at......i.s compatible ...with ...the ....information technology systems. of the City. Failure to comply with said statutory requirements may subject DIGITECH to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF DIGITECH HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO DIGITECH'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodian@copbfl.com XIV SOVEREIGN IMMUNITY Nothing in this Agreement shall constitute a waiver by the CLIENT of its sovereign immunity limits as set forth in section 768.28, Florida Statutes. Nothing herein shall be construed as consent from either party to be sued by third parties. XV SERVICE ORGANIZATION CONTROLS AUDIT REPORT Upon request by CLIENT, DIGITECH agrees to provide CLIENT with a copy of any available SOC- 1/SOC-2 reports on the data center(s) hosting the Licensed Products. Upon request by CLIENT, DIGITECH also agrees to provide CLIENT with a copy of any available SOC-1/SOC-2 reports on the Licensed Products themselves. CLIENT agrees to treat any SOC -1 or SOC -2 reports are provided as the confidential trade secrets of DIGITECH in accordance with this Agreement. 12 Page 59 of 897 [Signature page follows] 13 Page 60 of 897 The parties hereto have executed this Agreement on the day and year first above written. A ASCELETA HAMMOND, CITY CLERK (SEAL) APPROVED AS TO FOR MA Re ;B E R M AN - F.# ATTORNEY CITY OF POMPANO BEACH 31 .0 GREGORY P N, CITY MANAGER 14 Page 61 of 897 Witnesses: - P'.Oe�� Print Name Print Name DIGITECH COMPUTER LLC Mark Schiowitz, President and CEO By: �� The foregoing instrument was acknowledged before me, by means Of",phy3iQal n� presence or o online notarization, this �" �� day of , 2"u�u by Mark Schiowitz as President and CEO of DIGITECH COMPUTER LLC, a corporation registered in Florida, onbehalf ofthe corporation. He orwho has produced _______ _ (type of identification) as identification. NOTARY'S SEAL: NOTARYPUBL|(,STATEOF ArWANDACOMPTON NOTARY pUoUC'STATs0pNEW YORK (Name of Acknovv|edger Tvped,VPrinte6 or No. 01 C06382673 Stamped) Qualified inVVostoheaterCounty MyCommisniunExpi/ea10-28'2022 Commission Number 15 Page 62 of 897 RIDER A DESCRIPTION OF SERVICES, FEES AND CLIENT RESPONSIBILITIES This Rider is a part of the Agreement between DIGITECH COMPUTER LLC ("DIGITECH") and CITY OF POMPANO BEACH ("CLIENT") dated May 25, 2021 I. BILLING SERVICES A. DIGITECH shall provide the following billing and collection services which are contingent upon CLIENT fulfilling the responsibilities outlined in Section X of the Agreement: 1. DIGITECH shall perform Patient Care Report ("PCR") processing including: a) Review client -prepared PCR'S for content, level of service and diagnosis; b) Procedure Coding; and c) Eligibility and Insurance Research and Verification. 2. DIGITECH shall perform billing as follows: a) Electronic Invoicing (where applicable) (1) Medicare; (2) Commercial Insurance; and (3) Medicaid (billed weekly). (b) Paper Invoicing (where applicable) (1) CMS -1500 for Commercial Insurance; (2) Self -Pay; (3) Facility; and (4) CMS -1500 for Medicaid . II. COLLECTION SERVICES A. DIGITECH will provide the following collection services covering the following types of providers: 1. Facility a) Submit a maximum of 3 invoices/notices, at 30 - 45 day intervals; and b) Perform follow up as needed, in Digitech's discretion. 2. Patient or Self Pay a) Mail a maximum of 3 invoices/notices, at 30 - 45 day intervals; b) Perform follow up as needed, in Digitech's discretion; and c) If applicable, recommend to CLIENT amounts to be placed in legal proceeding upon the earlier of DIGITECH'S determination that the amount 16 Page 63 of 897 is uncollectible or 180 days from the first invoice date. 3. Insurance a) Submit a maximum of 3 invoices/notices, at 45 day intervals; b) Perform follow up as needed, per Digitech's discretion; and c) File appeals upon notice of denial, where applicable. 4. Medicaid a) Process denials; b) Follow-up on pending Claims; and c) Resubmissions. 5. Medicare a) Process denials; b) Follow-up on pending Claims; and c) Resubmissions. 6. Claims resolution and appeals 7. Remittance Posting 8. Resubmission of denials, pending and held items 9. Interfacing with carriers on behalf of CLIENT 10. All payments received by payers for CLIENT shall be deposited into one or more bank accounts controlled by CLIENT, pursuant to CLIENT's written instructions. B. DIGITECH will interface with CLIENT's collection agency, if applicable, as follows: 1. Create and download one collection file per month using the industry standard XML collection file format as described in Exhibit 2; and 2. In the event CLIENT'S collection agency requires a format that differs from DIGITECH's standard XML format or requires more than one file submission per month, DIGITECH reserves the right to charge CLIENT additional fees as necessary. DIGITECH will not commence any such additional work without CLIENT'S written approval. 3. DIGITECH reserves the right to withdraw claims from collections if payment is received within 10 business days of sending the claim to collections. 17 Page 64 of 897 III. REPORTING SERVICES A. DIGITECH will grant CLIENT access to its billing services reporting system. Such reporting includes but is not limited to, Master Files, Receivable Tracking, Receivable Reporting, Financial Scorecard and System Reporting. B. DIGITECH shall send to CLIENT, via email, its standard monthly reporting package which shall include: 1. Accounting Reports a) Sales original, sales payer re -class, adjustments, cash and aged accounts receivable (accounts receivable roll forward for general ledger entry); and 2. Transport Reports a) Per Trip Data and Collection Percentages. IV. OTHER SERVICES A. DIGITECH shall provide Fire Inspection Billing, Public Emergency Medical Transport/Managed Care Organization ("PEMT/MCO") consulting services, Medicare Cost Survey consulting services, and Automobile Accident Historical Project services as described in Schedules 1 through 4 annexed hereto. V. FEES/BILLING, COLLECTION, REPORTING, AND OTHER SERVICES A. DIGITECH will charge a fee for the Services described above as follows: 1. CLIENT shall pay to DIGITECH a fee equal to 4.25% of monthly EMS billing collected by DIGITECH, less Medicaid collections. 2. The Medicaid Fee shall be $9.00 per Medicaid account whether or not the Medicaid payment is actually paid. 3. There will be no fee for HIPAA notices. 4. The Fire Inspection Billing Fee shall be 7.0% per month for all monies collected by DIGITECH for fire inspection billings less refunds. 5. CLIENT agrees to pay 6.0% of monies collected for services related to the Public Emergency Medical Transport program (PEMT) and for the Medicaid Managed Care Organization program (MCO). These services are outlined under Schedule 2 of this Agreement. 18 Page 65 of 897 6. CLIENT shall pay DIGITECH a one-time fee of $35,000 to provide Medicare Cost Survey Reporting services as outlined under Schedule 3 of this Agreement. a.., C.L.IE.NT. shall pay. DIGITECH 33.0 ofall monies collected forservicesrelated to the one-time Historical Liability Accounts project.. These services are outlined ---under ....Schedule ...4...of.this Agreement. CLIENT shall pay to DIGITECH its collection fee as set forth in this Section IV on all payments received by CLIENT on any claim processed by DIGITECH, including but not limited to revenue received by CLIENT related to any State administered Ambulance Services Supplemental Payment Program. Said payment shall be in addition to any other fees CLIENT is obligated to pay to any other entity or subcontractor to analyze and report costs that will help CLIENT realize said revenue. Notwithstanding the foregoing, DIGITECH acknowledges that claims for which DIGITECH provided no processing services and that have been processed prior to the go -live date may be assigned by CLIENT to other third party collectors and that DIGITECH has no interest in or responsibility for such claims. Provided that CLIENT's ePCR system can provide a standard NEMSIS file extract, DIGITECH shall provide an interface from CLIENT's existing ePCR system to DIGITECH's billing software at no charge to CLIENT. Note that in the event CLIENT's ePCR vendor charges DIGITECH for any aspect of the ePCR interface, Digitech will pass through such charges to CLIENT. Pricing is based on the accuracy of the transport and billing data provided by the CLIENT during the RFP process. Should the data provided to us prove to be in error, we reserve the right to renegotiate or exit the contract, provided DIGITECH gives CLIENT a 45 day notice of termination. Note: DIGITECH's fee in Section IV(A) above does not include the processing of claims in which the CLIENT has a contractual obligation to transport and not bill (and are therefore uncollectible), such as financial hardship cases and prisoner transports. In addition, DIGITECH's fee does not cover non -ambulance transports such as ambulette, wheelchair, and medivan transports. Such additional fees will be negotiated per Rider A, Section VI — Fees/Other below. B. The DIGITECH fees do not cover costs or additional fees associated with the placement of delinquent accounts with a third party collection agency. Any fees earned by third partly collection agencies from the collection or settlement of past due accounts placed with such agency shall be the responsibility of the 19 Page 66 of 897 CLIENT. VI. FEES/OTHER A. Fees for the processing and/or collection of claims not covered by this Agreement shall be negotiated on a case-by-case basis. Such claims may include, but are not limited to, claims with dates of service not covered by this Agreement, non -ambulance claims, non -billable claims and claims where critical processing information may be available at an unreasonable cost. B. Time expended by DIGITECH, on behalf of CLIENT, to cover services not covered by this Agreement or tasks that fall under the responsibility of the CLIENT shall be billed at a rate to be negotiated, per clerk. Such services include, but are not limited to, data entry, scanning and call taking/input. No fees may be charged unless they are preapproved by the CLIENT, in writing, before performed. C. Time expended by DIGITECH programming staff on behalf of CLIENT, to cover programming changes or additions not covered by this Agreement shall be billed at the then current hourly rate for the resources requirement. D. Provision of services not specifically set forth in this Agreement, including but not limited to significant assistance with reporting, reporting projects, projections, interfacing or working with separate entities that are part of or affiliated with Client's organization, shall be subject to a separate compensation agreement covering such additional services. The parties agree to act in good faith to draft mutually acceptable terms of service. E. DIGITECH may require a work order prior to the provision of such services. F. CLIENT agrees to send DIGITECH all required data necessary for billing for the preceding month by the 5th of the current month. 20 Page 67 of 897 1.111114 M .1 BUSINESS ASSOCIATE ADDENDUM THIS BUSINESS ASSOCIATE ADDENDUM ("Addendum"), is made and entered into by and between CITY OF POMPANO BEACH ("Covered Entity") and DIGITECH COMPUTER LLC ("Business Associate"). This Addendum shall form a part of all agreements and other engagements as are currently in effect between the parties under which Protected Health Information ("PHI") (as defined in Article 1 of this Addendum) is provided, created or received by Business Associate from or on behalf of Covered Entity, and shall supersede and replace any business associate agreement or amendment previously entered into between Covered Entity and Business Associate in accordance with the requirements of HIPAA (as defined below) and/or the HITECH Act (as defined below). This Addendum is effective as of the effective date of the Billing Service Agreement (the "Effective Date"). RECITALS WHEREAS, in connection with the performance of their respective obligations under the terms of the Billing Service Agreement, Covered Entity may disclose certain information to Business Associate, and Business Associate may use and/or disclose certain information, some of which may constitute PHI; and WHEREAS, Covered Entity and Business Associate intend to protect the privacy and provide for the security of PHI disclosed to, or created, utilized or disclosed by, Business Associate pursuant to the Billing Service Agreement in compliance with the Health Insurance Portability and Accountability Act of 1996, and its implementing regulations and guidance issued by the Secretary of the U.S. Department of Health and Human Services (the "Secretary"), all as amended from time to time ("HIPAA"), as well as the requirements of the Health Information Technology for Economic and Clinical Health Act, as incorporated in the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance issued by the Secretary, all as amended from time to time (the "HITECH Act"), and other applicable laws; The parties do hereby agree as follows: Article 1: Definitions 1.1 Definitions. For the purposes of this Addendum, the following defined terms shall have the following definitions. All capitalized terms used in this Addendum but not otherwise defined herein shall have the meaning given in HIPAA or the HITECH Act, as applicable. 21 Page 68 of 897 (a) "Breach" has the meaning given to such term under HIPAA and the HITECH Act, including, but not limited to, at § 13400(1) of the HITECH Act and 45 CFR § 164.402. (b) "Data Aggregation" has the meaning given to such term under the Privacy Standards (as defined below), including, but not limited to, at 45 CFR § 164.501. (c) "Designated Record Set" has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.501. (d) "Health Care Operations" has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.501. (e) "Limited Data Set" has the meaning given to such term under the Privacy Standards, including, but not limited to, at 45 CFR § 164.514. (f) "Privacy Standards" means the HIPAA Privacy Rule and HIPAA Security Rule codified at 45 CFR Parts 160, 162 and 164. (g) "Protected Health Information" or "PHI" has the meaning given to such term under HIPAA, the HITECH Act, and the Privacy Standards, including, but not limited to, at 45 CFR § 160.103. (h) "Unsecured Protected Health Information" has the meaning given to such term under HIPAA and the HITECH Act, including, but not limited to, at § 13402(h) of the HITECH Act and 45 CFR §164.402. Article 2: Duties of Business Associate 2.1 Compliance with Privacy Provisions. Business Associate shall only use and disclose PHI in performance of its obligations under the Billing Service Agreement and as permitted or required by law. Business Associate agrees to be in compliance with each applicable requirement of 45 CFR § 164.504(e) and all requirements of the HITECH Act applicable to Business Associate. 2.2 Compliance with Security Provisions. Business Associate shall: (a) implement and maintain administrative safeguards as required by 45 CFR § 164.308, physical safeguards as required by 45 CFR § 164.310 and technical safeguards as required by 45 CFR § 164.312; (b) implement and document reasonable and appropriate policies and procedures as required by 45 CFR § 164.316; (c) use its best efforts to implement and maintain technologies and methodologies that render PHI unusable, unreadable or indecipherable to unauthorized individuals as specified in the HITECH Act; and (d) 22 Page 69 of 897 be in compliance with all requirements of the HITECH Act related to security and applicable to Business Associate. 2.3 Breach of Unsecured PHI. (a) With respect to any suspected or actual unauthorized acquisition, access, use or disclosure ("Acquisition") of Covered Entity's PHI by Business Associate, its agents or subcontractors, and/or any Acquisition of data in violation of any applicable federal or state law, Business Associate shall (i) investigate such Acquisition; (ii) determine whether such Acquisition constitutes a reportable Breach under HIPAA, the HITECH Act, and/or applicable federal or state law ; (iii) document and retain its findings under clauses (i) and (ii); and (iv) take any action pertaining to such Acquisition required by applicable federal or state law. (b) If Business Associate discovers that a Breach has occurred, Business Associate shall notify Covered Entity in writing without unreasonable delay and in no case later than five (5) days after discovery of the Breach. Business Associate's written notice shall include all available information required by 45 CFR § 164.410 and other applicable law. Business Associate's written report shall be promptly supplemented with any new or additional information. Business Associate agrees to cooperate with Covered Entity in meeting Covered Entity's obligations underthe HITECH Act and other applicable law with respect to such Breach. Covered Entity shall have sole control over the timing and method of providing notification of such Breach to the affected individual(s) or others as required by the HITECH Act and other applicable law. 2.4 Permitted Uses of PHI. Satisfactory performance of its obligations under the Billing Service Agreement by Business Associate may require Business Associate to receive or use PHI obtained from Covered Entity, or created or received by Business Associate on behalf of Covered Entity; provided, however, that Business Associate shall not use PHI other than for the purpose of performing Business Associate's obligations under the Billing Service Agreement (including this Addendum), as permitted or required under the Billing Service Agreement (including this Addendum), or as required by law. Business Associate shall not use PHI in any manner that would constitute a violation of HIPAA if so used by Covered Entity. 2.5 Permitted Disclosures of PHI. Business Associate shall not disclose PHI other than for the purpose of performing Business Associate's obligations under the Billing Service Agreement (including this Addendum), as permitted or required under the Billing Service Agreement (including this Addendum), or as required by law. Business Associate shall not disclose PHI in any manner that would constitute a violation of HIPAA if so disclosed by Covered Entity. To the extent that Business Associate 23 Page 70 of 897 discloses PHI to a third party in carrying out its obligations under the Billing Service Agreement, Business Associate must obtain, prior to making any such disclosure, (i) reasonable assurances from such third party that such PHI will be held confidential as provided pursuant to this Addendum and only disclosed as required by law or for the purposes for which it was disclosed to such third party, and (ii) an agreement from such third party to immediately notify Business Associate of any breaches of confidentiality of the PHI, to the extent the third party has obtained knowledge of such breach. 2.6 Minimum Necessary. Business Associate shall limit its use, disclosure or request of PHI to only the minimum necessary as required by law. 2.7 Retention of PHI. Unless otherwise specified in the Billing Service Agreement, Business Associate shall maintain and retain PHI for the term of the Billing Service Agreement, and make such PHI available to Covered Entity as set forth in this Addendum. 2.8 Safeguarding PHI. Business Associate shall use appropriate safeguards to prevent the use or disclosure of PHI other than as permitted by the Billing Service Agreement and this Addendum. Business Associate will appropriately safeguard electronic PHI in accordance with the standards specified at 45 CFR § 164.314(a). In particular, Business Associate will implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Covered Entity. 2.9 Agents and Subcontractors. Business Associate shall ensure that any agents (including subcontractors) of Business Associate to whom Business Associate provides PHI received from Covered Entity, or PHI created or received by Business Associate on behalf of Covered Entity, agree in writing to the same restrictions and conditions that apply to Business Associate with respect to such PHI, including the requirement to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of PHI. Business Associate shall implement appropriate sanctions against agents and subcontractors that violate such restrictions and conditions, including termination of the agency or subcontractor relationship, if feasible, and shall mitigate the effects of any such violations. 2.10 Reporting Unauthorized Use or Disclosure. Business Associate shall report in writing to Covered Entity any use or disclosure of PHI not provided for under the Billing Service Agreement or this Addendum as soon as possible after Business Associate becomes aware of such an incident but in no case later than five (5) days after the 24 Page 71 of 897 date on which Business Associate becomes aware of any such incident; provided, however, that the Parties acknowledge and agree that this Section constitutes notice by Business Associate to Covered Entity of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents (as defined below). "Unsuccessful Security Incidents" will include, but not be limited to, pings and other broadcast attacks on Business Associate's firewall, port scans, unsuccessful log -on attempts, denials of service and any combination of the above, so long as no such incident results in unauthorized access, use or disclosure of PHI. Business Associate shall take (i) prompt corrective action to cure any deficiencies that caused the unauthorized use or disclosure, and (ii) any corrective action required by applicable federal and state law. 2.11 Access to Information. Within five (5) days of Covered Entity's request, Business Associate shall provide Covered Entity with access to Covered Entity's PHI maintained by Business Associate or its agents or subcontractors to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.524. 2.12 Availability of PHI for Amendment. The parties acknowledge that the Privacy Standards permit an individual who is the subject of PHI to request certain amendments of their records. Upon Covered Entity's request for an amendment of PHI or a record about an individual contained in a Designated Record Set, but not later than five (5) days after receipt of such request, Business Associate and its agents or subcontractors shall make such PHI available to Covered Entity for amendment and incorporate any such amendment to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.526. If any individual requests an amendment of PHI directly from Business Associate or its agents or subcontractors, Business Associate must notify Covered Entity in writing within five (5) days of the request. Covered Entity has the sole authority to deny a request for amendment of PHI received or created under the terms of the Billing Service Agreement and maintained by Business Associate or its agents or subcontractors. 2.13 Accounting of Disclosures. Upon Covered Entity's request, Business Associate, its agents and subcontractors shall make available the information required to provide an accounting of disclosures to enable Covered Entity to fulfill its obligations under the Privacy Standards, including, but not limited to, 45 CFR § 164.528. For this purpose, Business Associate shall retain a record of disclosure of PHI for at least six (6) years from the date of disclosure. Business Associate agrees to implement a process that allows for an accounting to be collected and maintained by Business Associate and its agents or subcontractors for at least six (6) years prior to the request, but not before the effective date of the Billing Service Agreement. At a minimum, such 25 Page 72 of 897 information shall include: (i) the date of disclosure; (ii) the name of the entity or person who received PHI and, if known, the address of the entity or person; (iii) a brief description of PHI disclosed; and (iv) a brief statement of the purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or a copy of the individual's authorization, or a copy of the written request for disclosure. Where a request for an accounting is delivered directly to Business Associate or its agents or subcontractors, Business Associate shall within five (5) days of a request forward it to Covered Entity in writing. It shall be Covered Entity's responsibility to prepare and deliver any such reply to the requested accounting. 2.14 Agreement to Restriction on Disclosure. If Covered Entity is required to comply with a restriction on the disclosure of PHI pursuant to § 13405 of the HITECH Act, then Covered Entity shall provide written notice to Business Associate of the name of the individual requesting the restriction and the PHI affected thereby. Business Associate shall, upon receipt of such notification, not disclose the identified PHI to any health plan for the purposes of carrying out Payment or Health Care Operations, except as otherwise required by law. 2.15 Accounting of Disclosures of Electronic Health Records ("EHR"). If Business Associate is deemed to use or maintain an EHR on behalf of Covered Entity, then Business Associate shall maintain an accounting of any disclosures made through an EHR for Treatment, Payment and Health Care Operations, as required by law. Upon request by Covered Entity, Business Associate shall provide such accounting to Covered Entity in the time and manner specified by law. Alternatively, if Covered Entity responds to an individual's request for an accounting of disclosures made through an EHR by providing the requesting individual with a list of all business associates acting on behalf of Covered Entity, then Business Associate shall provide such accounting directly to the requesting individual in the time and manner specified by the HITECH Act. 2.16 Access to Electronic Health Records. If Business Associate is deemed to use or maintain an EHR on behalf of Covered Entity with respect to PHI, then, to the extent an individual has the right to request a copy of the PHI maintained in such EHR pursuant to 45 CFR § 164.524 and makes such a request to Business Associate, Business Associate shall provide such individual with a copy of the PHI in the EHR in an electronic format and, if the individual so chooses, transmit such copy directly to an entity or person designated by the individual. Business Associate may charge a fee, not to exceed Contractor's labor costs to respond, to the individual for providing the copy of the PHI. The provisions of 45 CFR § 164.524, including the exceptions to the requirement to provide a copy of PHI, shall otherwise apply and Business Associate shall comply therewith as if Business Associate were Covered Entity. At Covered Entity's request, Business Associate shall provide Covered Entity with a copy of an 26 Page 73 of 897 individual's PHI maintained in an EHR in an electronic format and in a time and manner designated by Covered Entity in order for Covered Entity to comply with 45 CFR § 164.524, as amended by the HITECH Act. 2.17 Remuneration for PHI. Business Associate agrees that it shall not, directly or indirectly, receive remuneration in exchange for any PHI of Covered Entity except as otherwise permitted by law. 2.18 Governmental Access to Books and Records. For purposes of determining Covered Entity's compliance with the HIPAA, Business Associate agrees to make available to the Secretary its internal practices, books, and records relating to the use and disclosure of PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity. 2.19 Data Ownership. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. 2.20 Insurance. Business Associate shall maintain commercial general liability insurance, with commercially reasonable liability limits, that includes coverage for damage to persons or property arising from any breach of the terms of this Addendum. 2.21 Audits, Inspection and Enforcement. Within ten (10) days of a written request by Covered Entity, Business Associate and its agents or subcontractors shall allow Covered Entity to conduct a reasonable inspection of the facilities, systems, books, records, agreements, policies and procedures relating to the use or disclosure of PHI pursuant to this Addendum for the purpose of determining whether Business Associate has complied with this Addendum; provided, however, that (i) Business Associate and Covered Entity shall mutually agree in advance upon the scope, timing and location of such an inspection; (ii) Covered Entity shall protect the confidentiality of all confidential and proprietary information of Business Associate to which Covered Entity has access during the course of such inspection; and (iii) Covered Entity shall execute a nondisclosure agreement, upon terms mutually agreed upon by the parties, if requested by Business Associate. Covered Entity and its authorized agents or contractors, may, at Covered Entity's expense, examine Business Associate's facilities, systems, procedures and records as may be necessary for such agents or contractors to certify to Covered Entity the extent to which Business Associate's security safeguards comply with HIPAA, the HITECH Act or this Addendum, to the extent that Covered Entity determines that such examination is necessary to comply with Covered Entity's legal obligations pursuant to HIPAA or the HITECH Act relating to certification of its security practices. The fact that Covered Entity inspects, or fails to inspect, or has the right to inspect, Business Associate's facilities, systems, books, records, agreements, policies and procedures does not relieve Business Associate of its 27 Page 74 of 897 responsibility to comply with this Addendum, nor does Covered Entity's (i) failure to detect or (ii) detection, but failure to notify Business Associate or require Business Associate's remediation of any unsatisfactory practices, constitute acceptance of such practices or a waiver of Covered Entity's enforcement rights under the Billing Service Agreement or this Addendum. 2.22 Return of PHI at Termination. Upon termination of the Billing Service Agreement, Business Associate shall, where feasible, destroy or return to Covered Entity all PHI received from Covered Entity, or created or received by Business Associate or its agents or subcontractors on behalf of Covered Entity. Where return or destruction is not feasible, the duties of Business Associate under this Addendum shall be extended to protect the PHI retained by Business Associate. Business Associate agrees not to further use or disclose information for which the return or destruction is infeasible. Business Associate shall certify in writing the destruction of the PHI and to the continued protection of PHI that is not feasible to destroy. 2.23 Retention of PHI. Business Associate and its contractors or agents shall retain communications and documents required to be maintained by HIPAA for six (6) years after termination of the Billing Service Agreement. 2.24 Business Associate's Performance of Obligations of Covered Entity. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under the HIPAA Privacy Rule, Business Associate shall comply with the requirements of the Privacy Rule that apply to Covered Entity when it carries out such obligation(s). Article 3: Duties of Covered Entity 3.1 Using Appropriate Safeguards. Covered Entity shall be responsible for using appropriate safeguards to maintain and ensure the confidentiality, privacy and security of PHI transmitted to Business Associate pursuant to the Billing Service Agreement, in accordance with the standards and requirements of HIPAA. Article 4: Term and Termination 4.1 Term. The provisions of this Addendum shall become effective on the Effective Date and shall continue in effect until all of the PHI provided by Covered Entity to Business Associate, or created or received by Business Associate on behalf of Covered Entity is destroyed or returned to Covered Entity, or, if it is infeasible to return or destroy the PHI, protections are extended to such information in accordance with the termination provisions in Section 4.2 of this Addendum. 4.2 Termination by Covered Entity. 28 Page 75 of 897 (a) A breach by Business Associate of any material provision of this Addendum, as determined by Covered Entity, shall constitute a material breach of the Billing Service Agreement and shall provide grounds for immediate termination of the Billing Service Agreement by Covered Entity. (b) If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation of Business Associate's obligations under the provisions of this Addendum or another arrangement and does not terminate the Billing Service Agreement pursuant to Section 4.2(a) of this Addendum, then Business Associate shall take reasonable steps to cure such breach or end such violation, as applicable. If Business Associate's efforts to cure such breach or end such violation are unsuccessful, Covered Entity shall either (i) terminate the Billing Service Agreement, if feasible or (ii) if termination of the Billing Service Agreement is not feasible, Covered Entity shall report Business Associate's breach or violation to the Secretary. 4.3 Termination by Business Associate. If Business Associate knows of a pattern of activity or practice of Covered Entity that constitutes a material breach or violation of Covered Entity's obligations under the Billing Service Agreement or this Addendum, then Business Associate shall immediately notify Covered Entity. With respect to such breach or violation, Business Associate shall (i) take reasonable steps to cure such breach or end such violation, if possible; or (ii) if such steps are either not possible or are unsuccessful, upon written notice to Covered Entity, terminate the Billing Service Agreement; or (iii) if such termination is not feasible, report Covered Entity's breach or violation to the Secretary. 4.4 Termination by Either Party. Either party may terminate the Billing Service Agreement, effective immediately, if (i) the other party is named as a defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act or other security or privacy laws, or (ii) a finding or stipulation that the other party has violated any standard or requirement of HIPAA, the HITECH Act or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined. Article 5: Miscellaneous 5.1 Acknowledgment. Business Associate recognizes and agrees that it is obligated bylaw to comply with the applicable provisions of the HITECH Act. 5.2 Change in Law. The parties agree to promptly enter into negotiations concerning the terms of the Billing Service Agreement (including this Addendum), and to negotiate in good faith, if, in either party's business judgment, modification of the Billing Service W, Page 76 of 897 Agreement (including this Addendum) becomes necessary due to legislative, regulatory, or judicial developments regarding HIPAA or the HITECH Act. Covered Entity may terminate the Billing Service Agreement upon thirty (30) days written notice in the event (i) Business Associate does not promptly enter into negotiations to amend the Billing Service Agreement when requested by Covered Entity pursuant to this § 5.2, or (ii) Business Associate does not enter into an amendment to the Billing Service Agreement providing assurances regarding the safeguarding of PHI that Covered Entity, in its sole discretion, deems sufficient to satisfy the standards and requirements of HIPAA and the HITECH Act. 5.3 Disclaimer. Covered Entity makes no warranty or representation that compliance by Business Associate with HIPAA, the HITECH Act or this Addendum will be adequate or satisfactory for Business Associate's own purposes. Business Associate is solely responsible for all decisions made by Business Associate regarding the safeguarding of PHI. 5.4 Assistance in Litigation or Administrative Proceedings. Business Associate shall make itself, and any subcontractors, employees or agents assisting Business Associate in the performance of its obligations under the Billing Service Agreement or this Addendum, available to Covered Entity, at no cost to Covered Entity, to testify as witness, or otherwise, in the event of litigation or administrative proceedings being commenced against Covered Entity, its members/shareholders, managers/directors, officers or employees based upon a claimed violation of HIPAA or the HITECH Act or other laws relating to security and privacy, except where Business Associate, or its subcontractor, employee or agent is a named adverse party. 5.5 No Third -Party Beneficiaries. Nothing express or implied in this Addendum is intended to confer, nor shall anything herein confer, upon any person other than Covered Entity, Business Associate and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. 5.6 Interpretation. Section titles in this Addendum are for convenience only, and shall not be used in interpreting this Addendum. Any ambiguity in this Addendum shall be resolved to permit the parties to comply with the requirements of HIPAA and the HITECH Act. In the event of conflict between the Billing Service Agreement and this Addendum, the provisions of this Addendum shall prevail. Any reference in this Addendum to a section in the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E, the Security Standards for the Protection of Electronic Protected Health Information at 45 CFR part 164, subpart C, or the HITECH Act means the section as in effect or as amended. [Signature page follows] 30 Page 77 of 897 The parties hereto have executed this Rider on the day and year first above written on the Billing Service Agreement. A ASCELETA HAMMOND, CITY CLERK (SEAL) FAWXSINF�-' �89 110 5N Tvirelffim CITY OF POMPANO 0 HARDIN, MAYOR By: GREGORY PX.AAISON, CITY MANAGER 01 Page 78 of 897 DIGITECH COMPUTER LIC Mark Schiowif'z, President and CEOPrint Name Print Name STATE OF QW YUVK COUNTY OF j tr—r The foregoing instrument was acknowledged before [D8/ by [OeaD6 Ofne'bhy5ical �� presence or o online notarization, this day of 2`yu� by Mark Schiowitz as President and CEO of DIGITECH COMPUTER LLC, a corporation registered in Florida, nnbehalf Vfthe corporation. He rwho has produced ________ (type of identification) as identification. NOTARY'S SEAL: NOTQ4a6,BUC�TATIOF� AWANDACOK4PTON1 A x w0rAny PUBLIC -STATE OF NEW YORK \marne of *cxnovv|eoger Typed, Printed or No. o1C06882073 Stamped) Qualified it, Westchester county MvCnmmimaionExpires 1O'28'2O22 ja ornmission Number 32 Page 79 of 897 Schedule 1 Fire Inspection Billing 1. Client shall fill out electronic forms used for inspections, including company name, address of inspection, date of inspection, type of services provided, charges, responsible party name, responsible party address, and fire inspector name and/or inspector number. 2. Client shall, on a daily or weekly basis, submit previous days completed inspection forms through the Digitech designated secure website. 3. Digitech shall update, electronically or manually, inspection data into billing system within seven (7) days of receipt. Digitech shall bill customers within thirty (30) days of receipt of inspection data. 4. Follow up statements shall be sent to customers at thirty (30) day intervals, or on a schedule deemed most appropriate by Digitech, within a maximum of three (3) statements. 5. Digitech shall follow the Client's approved fire inspection fee schedule, which will be provided by the Client. 6. Digitech shall provide monthly reports that include the following (ad-hoc reports shall be provided at no additional cost): a. Charges b. Collections C. Balance due d. Number of inspections 7. Payments shall be directed to the Client designated bank lockbox address and be posted by Digitech within seven (7) days of receipt. 33 Page 80 of 897 Schedule 2 Public Emergency Medical Transportation (PEMT)/Medicaid Managed Care Organization (MCO) Program Services Digitech, through its partner Public Consulting Group Inc. ("PCG"), shall provide consulting services as follows: • Draft materials, as needed, and respond to requests for additional information necessary for the provider to gain approval to participate in the Ambulance Supplemental Payment Program (ASPP). • Prepare a fiscal impact study and present results to department/state stakeholders to demonstrate benefits of a Continuing Public Expenditure (CPE) Program, Medicaid Managed Care supplemental payment, and uninsured CPE (if applicable) program to the provider. • Identify eligible costs and develop appropriate cost allocation methodologies to report only allowable costs for providing EMS to Medicaid and, as applicable, uninsured populations. • Prepare the annual Medicaid cost report for EMS on behalf of provider. • Conduct analysis of the provider's financial and billing data in order to prepare and submit annual cost reports, the mechanism for providers to receive additional revenue under Ambulance Supplemental Payment Programs. • Perform relevant analysis to determine a viable Medicaid managed care supplemental payment methodology. • Execute MCO/PEMT supplemental payment calculations in adherence with the approved methodology. • Determine enhanced supplemental payments realized by provider,if necessary. • Conduct comparative analysis to identify significant trends in billing and financial data. • Provide a charge master review to ensure that the provider is optimizing charges to drive revenue generation. • Meet with Florida Agency for Health Care Administration (ARCA) and Client to further develop the supplemental payments program for both Medicaid managed care and uninsured patient transports. • Respond to any AHCA or Centers for Medicare and Medicaid Services (CMS) audit, review, or communication regarding any PEMT cost report prepared by the Contractor 34 Page 81 of 897 and delivered to AHCA. • Prepare annual Medicaid cost reports that shall be utilized by the Client to realize incremental revenue under the Medicaid ASPP, utilizing a web -based system. • Review charge, cost, and reimbursement data to ensure that payments are maximized as allowed by Federal law. • Ensure compliance with all State and Federal reporting guidelines. • Provide comprehensive desk review support, including but not limited to: conducting reviews of all cost settlement files, performing detailed analysis of billing reports generated by Medicaid agencies to ensure that all allowable charges and payments are encompassed in the calculation of the final settlement, and drafting letters and providing supporting documentation to meet Medicaid requirements and expedite settlement. • Keep the Client informed of imminent changes related to Medicaid cost reporting policies. • Provide the Client with audit support services related to the cost report and Medicaid supplemental revenues. • Under an Intergovernmental Transfer (IGT) Managed Care ASPP approach (if applicable), the Contractor shall: ■ Provide guidance and support to the Client to enter into contracts with Managed Care Organizations. ■ Provide projections and models to help the Client evaluate program options. ■ Monitor claims and cash flows of IGT Managed Care program to ensure the Client receives appropriate benefit from the program and has met documentation needs. ■ Assist with the reconciliation of payments against actual payments and transports. 35 Page 82 of 897 Schedule 3 Medicare Cost Survey Reporting Consulting Fees The Centers of Medicare and Medicaid (CMS) recently established new reporting requirements requiring every ambulance service in the country (25% of them randomly chosen each year over the next four years, 50% in year one due to recent COVID-19 program delay) that calculates Medicare related EMS costs. Ground ambulance providers and suppliers have the ability to report their costs on a fiscal year of their choosing. For instance, providers selected to participate in the cost survey in 2021 will have the ability to submit their data to CMS following the twelve (12) month reporting period of January 1- December 31, April 1- March 31, July 1 - June 31, or October 1- September 30. The first round of reports (January 1- December 31) are due in May 2022 and the subsequent submissions follow 5 months after the end of the reporting cycle. The Client has selected Digitech and Contractor's Consultant, Public Consulting Group, Inc. ("PCG") to provide consulting services related to the preparation of the Medicare Cost Survey according to the Service Levels set forth below: Standard: Trainine and Help Desk Support • Medicare Cost Survey training via secure web -based portal with access to individual training modules for each survey component; • Data compilation guidance and automated tools to facilitate data collection and cost survey preparation; and • Dedicated help desk support, up to five scheduled hours. Professional: Training, Help Desk Support, and Detailed Desk Review • Medicare Cost Survey training via secure web -based portal with access to individual training modules for each survey component; • Data compilation guidance and automated tools to facilitate data collection and cost survey preparation; • Dedicated help desk support, up to five scheduled hours; • Detailed desk review of the Medicare Cost Survey and supporting documentation with summary of findings; • Analysis of costs in comparison to "like -sized" departments; • Written report of findings with recommendations, areas of concern, and considerations; and 36 Page 83 of 897 • Scheduled conference call to walk through desk review results, cost analysis, and recommendations. Premium: Comprehensive Medicare Cost Survey Preparation and Audit Support • Dedicated team of experts to complete the Medicare Cost Survey on Client's behalf; • Ongoing communication: initial data collection and close-out survey review meetings, timely updates and feedback; • Detailed data analysis: expenditures assessment, unallowable costs adjustments, and utilization statistics verification; • Preparation and audit of Medicare Cost Survey and supporting documentation; • CMS submission of final report and supporting documentation; • Federal audit support; and Full access to web -based portal and training resources. Payment for Medicare Cost Reporting Consulting Services In consideration of the Medicare Cost Reporting Consulting Services rendered by Digitech, Client agrees to pay Digitech the following one-time fee (the "Medicare Cost Reporting Consulting Fee") based on the Service Level Client has chosen as set forth below: Service Level Unit Price Premium Medicare Cost Reporting Consulting Services $35,000 - One Time Fee (Digitech invoice required for payment) Digitech will invoice Client a one-time Medicare Cost Reporting Consulting Fee of Thirty -Five Thousand Dollars ($35,000) within thirty (30) days following the submission of the Client's Medicare Cost Survey. 37 Page 84 of 897 Schedule 4 Historical ..Liability ...Account....Project Di.gmtec.h....&ha.m.l... review ...patient ....accounts dating back five (.5.) years from .November .3a, 2.02..(..st.or.•.c.m.L.m.o.bi.l.&.t.y Accounts.n .).and.conduct the following! Identify which patient accounts contain claims that have.beer,.... paid... by pa.tie.nVs medical ....insurance ...that ...may bo... submitted ....to...automobile or workers compensation insurance compo.n y(.m.o s) ^� .....Sa.bm.mt such cl.e:..m.s to the o.p�p.l.•.c.e.b.l.e e.u.to�m.o�b'.l�cor w.®.rk.o�r.s co�m.p�o�l.s.ot.•.o.n insurance co.m.po.ny(.m..e.$). �.....Follow ...up...o.n.... the ...claims ...submitted ...by....Dmg.m.tech....to...such ...automobile or workers compensation insoronce...c o.m.p,a.n.y.(.m.e s )....t o...ensure appropriato...adjudication,! �.....U.pon....rocoi.pt...of...poy meat...fro.m...auto.m.obi.m.o...or...worker.&...com.po.nso.tm.orm....m.rm.so.ro.nco company(.m.o.s.). post ...such ...payments ...to..applicable ...patient ac.co.u.rm.t.(s).,�...and e.....Process ...refunds to... the ...applicable ....medical ...insurance ... company; 39 Page 85 of 897 , a i m a III L $730 2,398 $730 4,795 $890 182 $15 ALM 4 �n01''16JgmJ �'7, al �i % of Charges Medicare 53.0% Medicaid 14.0% Private Insurance 15.0% Self -Pay 18.0% Current Solution I Diaitech Proiection $2,804,083 $2,907,814 Increase Increase (%) Projected Collections (Fully Resolved Claims) $2,907,814 0 Rn4 nRi Current Solution Digitech Projection • Billable claims volume is consistent with 2019 and 2020 claims • Payor Mix is consistent with 2019 and 2020 claims • Level of Service Mix is consistent with 2019 and 2020 claims • Medicare and Medicaid Fee Schedule remains constant • Contracted rates remain constant Flet Collections $2,804,083 Billable Runs* 2,568 d"-�- Current Solution Di itech Projection $380 $394 Increase ($) ` Page 86 of 897 C." Consent Agenda 12/7/2021 Requested Action by Commission: Approve the purchase of one (1) replacement pump for the Utility Department from MW I Corporation for the Inlet Cove Neighborhood Association (I NCA) storm water pump station for a total price of $66,500. MW I Pumps Corporation is a sole source vendor for this particular pump. Explanation of Request: The Intracoastal Waterway borders the Inlet Cove Neighborhood Association (INCA) on the east, causing flooding from storm events, tidal influences and fluctuations. On June 21, 2005 the Commission awarded Bid #019-2821-05/CJD, "INCA Storm Water Management Improvements and Water Main Replacement Project", to Ric -Man Construction, Inc. Part of the construction for the INCA project included stormwater management with the installation of four (4) detention ponds, drainage pipe, and pollution control devices to prevent untreated storm water drainage into the Intracoastal Waterway, and a storm water pump station complete with emergency power supply. The storm water pump station in question is equipped with two (2) 40 -horsepower submersible electric pumps specified to help mitigate flooding. Due to malfunction of one (1) 40 HP pump staff is requesting to replace one (1) pump and will refurbishing the second (2) pump later this fiscal year. How will this affect city programs or services? The INCA stormwater system was designed to mitigate flooding through wet detention ponds which transport excess water, via pipes, to the stormwater pump station which pumps to an outfall. The pump replacement will increase pumping capacity and expedite flood mitigation in the area. Fiscal Impact: Funds are budgeted in CI P account 403-5000-538-65-09. Pump repairs and replacement were budgeted and approved for the current fiscal year. Addressing these issues in a timely manner will provide for a more cost- efficient operation, minimize or eliminate costly equipment failure, and help maintain the quality of service to residents. Alternatives: The pump replacement will assist in preventing further nuisance flooding. The City of Boynton Beach could use third party services for the pump replacement, likely costing more. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 87 of 897 Is this a grant? No Grant Amount: Attachments: Type D QLAOtE)S D �D ings D AttachirTIENI'lt D SCflbl SOLArCE) I E)ttENr D SCflbl SOLArCE) I E)ttENr Description PLAirnp QLAOtE) PLAirnp DE)taill PLAirnp IBiroch Ulir'E) MW I PLAiryips SCflbl SOLArCE) I E)ttENr SOE) SOLArCE) F:::oirirn IMW I PLAiryips Page 88 of 897 Moving Water Worldwide - Reliably and Efficlently EstabOished 192.6 November 1, 2021 City of Boynton Beach Utilities Tremaine Johnson 124 E. Woolbright Road Boynton Beach, FL 33425 Attention: Tremaine Johnson Reference: INCA Pump Station replacement pump Mr. Johnson, MWI Pumps is pleased to offer the following scope of Supply for the above -referenced project. The following equipment is included in our pricing: One (1) MWI 318 P12 submersible electric pump rated 9,000gpm @ 7.69'tdh — 304SS material One (1) 40hp motor @ 880rpm One (1) 25' cable One (1) lifting harness Sale Price: $66,500.00 Sales Tax Not Included Included in our pricing: • All submittals and drawings • Sand blast and epoxy paint • Zincs • Standard one year factory warranty • Startup supervisor for one (1) eight hour day • Delivery to jobsite with contractor to off-load Specifically Not included in our pricing: • Sales tax • Installation of any type • Electrician, controls, connectors, panels, vfd's, extra cable • Testing Terms are 25% down, payment due NET30 from delivery. Estimated delivery is 24-28 weeks from approved submittals. Quote is valid for 30 days. Thank you, Chester Clem (813)967-0765 Chesterc@mwipumps.com MW1 Pumps 33 EB.'wM. 2nd Strut Deerfield Beach, Florida 3344t i 0. M4) X126-15001 f. (954) 426-1582 1 mvminwinumps.can Page 89 of 897 I � CO cn cr G — k 3 � cn i�7 [-----= � -�--- ---- { / ~L[Ij FI -1 ° ~� ) /I� I \ i �~7---- K �< i \] } � c , e ) �/7 / \ / \ a - — - - - — - �3 � _y \ \ j2 R, F71 ) / .�1'>± �.:11 / \\,\\`/\ J §!< e\A \ x < ® \ LTI > \ s \ ®!j//2 ° \:snnf c I \ \j Page mym7 Available in sizes from 8 to 60in., heads from 5 to 55ft. and flows from 2,000 to 130,000 GPM, MWI high-volume, submersible electric water pumps are extremely versatile, durable and reliable. Our submersible electric water pumps are offered as medium -head, mixed -flow, and low -head axial -flow propeller designs. These underwater pump units are often used in applications such as storm water drainage, flood control, irrigation, and final effluent pumping. MWI offers a wide variety of discharge configurations, and every unit can be customized by our in-house professional engineering team to fit your jobsite specifications. MWI also creates retrofit or replacement pumps that fit into other manufacturer's tubes including Flygt, KSB, Ebara and others. 0 Page 92 of 897 SEA pumps are built using a cast or fabrication process in various materials including all 316L stainless steel. Cast pumps are mainly installed in vertical configurations inside a discharge can. Fabricated pumps offer added installation configurations due to their lighter weight. All pump parts are manufactured including the intake bell and motor housing. Both 316L/304 stainless steel and ASTM A242 corrosive resistant " CorTen" Steel are available for pump fabrication. Submersible Electric Angled Pond Pump SEMF14 - 14in. Mixed -flow slides into long discharge, 40 HP submersible electric motor. The pump can be installed at up to a 17° angle. The pump can be installed at any angle or in a horizontal All 316L Stainless Steel Horizontal SEA330 30in. Impeller bolt on 1. discharge pipe inline pump position. Additionally, the pump intake and discharge can be design, 1.74 CMS at 1.2M TDH, 75 HP direct drive flanged and bolted into existing pipe. electric motor with 316L stainless steel motor housing Cast Model Page 93 of 897 me 0 MWI's submersible electric water pumps are built with an impeller that's directly connected to a waterproof motor. Their compact configurations are achieved by building the housing for the thrust bearing and motor into the bowl of the pump. These high-volume submersible pumps are available in multiple configurations, including canned or enclosed as well as vertical, horizontal, or any angle in between. Our electric submersible water pumps are easy to maintain and offer a quiet operation as well as a low profile. • Horizontal discharge pipe • Simple support structure • Horizontal discharge pipe • Lift -out pump with intake bell SUPPORTINGSELF VERTICAL CAN • Horizontal discharge pipe • Lift -out pump with intake bell SUSPENDED VERTICAL CAP WITH INTAKE BELL • Vertical discharge • Lift -out pump SUSPENDED VERTICAL CAN WITH INTAKE BELL • Vertical discharge • Lift -out pump Page 94 of 897 FORMED SUCTION INTAKE (FSI) • Inlet device provides optimal flow to the impeller • Helps to straighten non-uniform approach flow • Extremely effective in cross-flow applications or for pump stations with difficult inflow conditions • Minimizes sump dimensions RA so III IIIIII�iiiiiiiAm mo uuuuuu uu mo uuuuuu uuuuuu uuuuuu u° Illluuu@ uuuuum � uu uuuuuui uuuuum uuuuum uuuuuui uuuuum The Mobile Submersible Electric Pump and Generator is a unique product designed for municipalities and contractors who need emergency lighting, power, and/or large volume pumping in special situations. This portable electric water pump system features a submersible electric pump, diesel -powered generator, pump control panel with instrumentation, and telescoping light tower. The generator can be used to power auxiliary equipment while pumping or as a full power standalone unit. Once the unit has been brought to thejobsite, it can be fully operational in minutes. MWI's mobile pump station can run for 48 hours utilizing the standard 110 -gallon fuel tank. SEA Horizontal Gate Pumps Low submeraence solution 10 alled ting Page 95 of 897 1. Wire Connection Chamber, Junction Box 2. Upper Support Bearing 3. Stator Winding with Thermal Protection 4. Dynamically Balanced Rotor 5. Motor Housing 6. Pump Shaft 7. Pump Bowl Assembly with Flow Straightening Vanes 8. Accumulator 9. Thrust Bearings 10. Moisture Detection Probe 11. Dual Mechanical Seals 12. Seal Protector 13. Optional Replaceable Liner 14. Propeller with Taper Lock Attachment 15. Intake Bell with Guide Vanes 16. Control Cable 17. Heavy Insulated Power Cable 17 16 1, 18 2. 5 3 4' 23 5 6' 10 7 21 22' 9 9 20 11' 14 14 15' 18. Double Cable Seal 19. Intermediate Support Bearing 20. Mechanical Seal 21. Speed Reducer Assembly 22. Pump Bowl Shaft 23. Motor Shaft Each pump can be made with either a cast or fabricated process. Due to continual improvement of our products, we reserve the right to change designs and specifications. 0 2 3 5 Page 96 of 897 uui uuuuuu uu uuuuuu uu uuuuuu mi uummm I uuuuuu i uuuuum U. 55 50 Uj 40 30 20 10 0 CUBIC METERS PER SECOND 0 .5 1 1.5 2 2.5 3 4 Performance curves for each bowl size are available upon request. 5 6 7 8 9 10 0 10 20 30 40 50 60 70 80 90 100 130 MWI submersible electric water pumps are custom built to the customer's specifications. Our in-house team of professional, certified engineers work with our clients to customize the application -focused product while providing the highest quality service. The materials and options shown are typical, but alternative materials are available. MWI can manufacture in exotic materials - for example duplex -type stainless steels, if requested. Each pump size, dimension, construction and capacity will vary based on customization to meet the needs of the customer. Intake bell A36 steel (304 and 316 stainless steel available) Impeller blades 304 stainless steel (316 stainless steel available) 1045 steel with stainless steel plating in seal Pump shaft surfaces (304 and 316 stainless steel available) Lip seal endplate 304 stainless steel (316 stainless steel available) Motor housing 304 stainless steel (316 stainless steel available) Junction box lid 304 stainless steel (316 stainless steel available) Mechanical seal faces Silicon carbide Coating Intergard 345 epoxy Page 97 of 897 ABOU MW��uuuuiuuuui Beach, FL 334411 100 I EmergencyTel, 772-770-0004 without notice. 12-20 Page 98 of 897 Moving Water Worldwide - Reliably and Effinoently EstabOished 192.6 November 1, 2021 City of Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Attention: Tremaine Johnson Reference: INCA Pump Station - MWI replacement pump MWI Pumps manufactures all of its Submersible Electric pumps in Deerfield Beach, Florida. The submersible electric pump's s/n 4493 & 4494 were built specifically for the City of Boynton Beah INCA Pump Station. The Pumps located at the INCA pump station were designed and built to fit into the discharge CAN's for this specific application. Any substitutions would require design information from engineering at MWI. These are trade secrets which MWI would not supply to outside pump manufacturers. Please let us know if you require further information. Best Regards, Chester Clem Regional Sales Manager South East USA c.c. Marc Boudet MW1 Pumps 33 EB.'wM. 2nd Strut Deerfield Beach, Florida 3344t i 0. M4) X126-15001 f. (954) 426-1582 1 mvminwinumps.can Page 99 of 897 Purchasing Division Sole/Single Source Justification Form This farm shall be completed and approved prior to all sole source purchases Safe Source Definition - Commodities or contractual services available only from a safe source maybe exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or; b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used, or; c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. Department � 1#43I.cs Division � Point of Contact Phone Number � lset) 7q2- tw7b Company Name Address 33 tjW end Phone Number — n Point of Contact and Title 4 What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) 1 Page 100 of 897 Purchasing Division Sole/Sin to Source Justification Form Will this purchase obligate the City a particulary vendor in tA`No .____. . _��ith ,,, ture? (Either in terms of maintenance, 1 services, or re-purchase for compatibility reasons ❑ Yes This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service [Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory-authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best-value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) ..........._ „��n , «,,, �,,,,,,,,,,,,,, .,., ..... ........____ ..._____ ___.- ., , What necessary features does this vendor provide which are not available from other vendors? Please be specific. 1(*,,4r .4 *- 4.4 r-1?J1J r of *12 Jtz or ' 16 lrO4 26ro�wab- ryt4 .s anS Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. My department's recommendation for a sole source purchase Is based upon an objective review of the product/service required and appears to be in the best interest of the City. I know of no conflict of interest on my part nor do I have any personal involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, 4materials, or firms been a deciding influence on my request to sole source this purchase when there are other known suliers that exist _ ........ 1. Department Director A ` .. Signature "f Dade ------ ___......... ______________ 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend "0 Ao not recommend ❑ this being certified as a sole source. Required E]1,66t quiredl 'be advertised for a period of 7 business days before award. �""m, Date Signature Page 101 of 897 1" Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-169 - Authorize the Mayor to sign an Amendment to I nterlocal Agreement between the City and CRA to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project. Explanation of Request: On December 1, 2020, the City Commission of Boynton Beach signed an Interlocal Agreement (ILA) with the Boynton Beach Community Redevelopment Agency (CRA) for the funding of the Tree Canopy Coverage Project in an amount not to exceed $60,650. The goal of the ILA is to assist the City with its goal of planting of 3,000 trees per year to achieve 20% tree canopy coverage by 2035 (R20-091) and to improve the overall quality, aesthetics, and function of the designated properties identified as Tree Canopy Coverage Project Potential Planting Areas (PPAs) within the CRA Area. Staff request that the ILA be amended to extend the end date (currently December 31, 2021) to June 30, 2022 to allow the City adequate time to select planting locations for the remaining budgeted trees. Thus far, CRA funds have been spent on trees and materials for large planting events (40-100 trees at a time) in public parks, medians, and rights-of-way. Identifying further tree planting locations has become more time consuming, as it requires evaluating, selecting, and preparing specific sites to install small groups of 1-10 trees. Amending the I LA to extend the end date will allow the City sufficient time to ensure that the CRA funding is fully utilized and that trees are placed in the most appropriate and beneficial locations. How will this affect city programs or services? The City is currently under contract with Community Greening Corp (commencing on May 5, 2021) to supply trees, associated materials, equipment, and labor to install the trees. The City will request reimbursement from the CRA for trees, materials, and equipment as stipulated in the ILA. Fiscal Impact: As of November 17, 2021, the City has submitted invoices totaling $48,092 to the CRA for reimbursement, leaving $12,558 remaining in the CRA budget for trees and materials per the ILA. The non -reimbursable labor and event costs for the remaining CRA tree plantings (estimated $10,000) is allocated in FY 2021-2022 in the Utilities Sustainability Account #401-2821-536.94-44 Alternatives: Not approve the Amendment to the I nterlocal Agreement to extend the term of the agreement. Strategic Plan: Building Wealth in the Community, Transportation and Mobility , Public Health and Safety , Environmental Sustainability Strategic Plan Application: By increasing tree canopy, this project will enhance property values and economic development across the CRA, contribute to more walkable neighborhoods, reduce urban heat, and enhance community sustainability. Page 102 of 897 Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 111 D A rTIE)ind irTIENI'l t D I ['ItE)irlocal gir'E)E)irT1E)1['1t Description IRE)SOkAtioin approviing Il:::::liir'stAirTIEsii'idirTIEsll'It E)AE)inding I I .A Wth ClIRA for Tir'EsE) Cainopy 1:::::LAinding 1:::: li ir'st ArTIE)indirTIENI'lt to I I A with CII for Tir'E)E) Cainopy 1:::::LAinding Oirigiinal IH .A Wth ClIRA for Tir'EsE) Cainopy fUlinding Page 103 of 897 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN 4 AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO EXTEND THE END DATE OF THE 7 AGREEMENT FOR THE FUNDING FOR THE TREE CANOPY COVERAGE 8 PROJECT; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on December 1, 2020 the City Commission approved an Interlocal 10 Agreement between the City of Boynton Beach and the CRA to fund the Tree Canopy Coverage 11 Project within the Boynton Beach Community Redevelopment Area in the amount of 12 $60,650.00; and 13 WHEREAS, the goal of the ILA is to assist the City with its goal of planting of 3,000 trees 14 per year to achieve 20% tree canopy coverage by 2035 and to improve the overall quality, 15 aesthetics, and function of the designated properties identified as Tree Canopy Coverage 16 Project Potential Planting Areas (PPAs) within the CRA Area; and 17 WHEREAS, so far, CRA funds have been spent on trees and materials for large planting 18 events (40-100 trees at a time) in public parks, medians, and rights-of-way; and 19 WHEREAS, amending the ILA to extend the end date will allow the City sufficient time 20 to ensure that the CRA funding is fully utilized and that trees are placed in the most appropriate 21 and beneficial locations; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve 24 and authorize the Mayor to sign an Amendment to Interlocal Agreement with the Boynton 25 Beach Community Redevelopment Agency to extend the end date of the agreement for the 26 funding of the Tree Canopy Coverage Project within the Boynton Beach Community 27 Redevelopment Area. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. Each Whereas clause set forth above is true and correct and 31 incorporated herein by this reference. S:ACA\RESO\Agreements\Ainendinent To ILA With CRA For Funding Tree Canopy Coverage Project - Reso.Docx Page 104 of 897 32 33 34 35 36 37 01:a 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign an Amendment to the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project, a copy of said Amendment to Interlocal Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of December, 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 YES NO S:ACA\RESO\Agreements\Ainendinent To ILA With CRA For Funding Tree Canopy Coverage Project - Reso.Docx Page 105 of 897 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA ("First Amendment") is entered into by and between the City of Boynton Beach ("City") and the Boynton Beach Community Redevelopment Agency ("CRA") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE TREE CANOPY COVERAGE PROJECT WITHIN THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AREA ("Agreement') on December 17,2020; and WHEREAS, the Agreement is set to terminate on December 31, 2021; and WHEREAS, the Parties desire to extend the terms of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Term of the Agreement. The term of the Agreement is extended until June 30, 2022. 3) Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs this Amendment. 4) The Parties agree that all terms, conditions, and provisions of the Agreement not amended, modified or deleted by this First Amendment shall continue in full force and effect. 5) This First Amendment may be executed in any number of counterparts, any one 01578963-1 Page 106 of 897 and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form: Office of the CRA Attorney Approved as to Form: Office of the CITY Attorney [161 WIM-1*01 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Steven B. Grant, CRA Chair CITY OF BOYNTON BEACH Steven B. Grant, Mayor Page 107 of 897 R RESOLUTION NO. R20-134 2 A RESOLIA"ION OF THE CITY OF IFC) 'f' BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE 1C1YNTON REACI-I 6 COMMUNITY I*.DEV"ELOPMIrl T AGENCY TO PROVIDE 7 FUNDING FORTHE 'I'REE CANOPY COVERAGE P1110JECT; 8 ANDPROVIDING AN EFFECTIVE DATE, 9 WHEREAS, tile City ('011111lission aclopted ResolUtion R20-091 which establisheda 10 city-wide tree planting goal; and 11 WHEREAS, the City is undertaking as 1'ree Canopy Coverage Pro.ject to plant trees in 12 furtherance of that goal; and 13 WHEREAS, on Novernber 10, 2020 the Boynton Beach C',RA approved the Interfocal 14 Agreenient between the City of Boynton Beach and the CRA to 11aid tine Tree: Callopy (a"caverage 15 Project within the Boynton Beach Community Redevelopment Area ill tile .11111OUnt of' 16 $60,650,00,- and 17 NVHEREAS, the City Commission ofthe City or Boynton Beach, I-1orida, upon the 18 recommendation of start', deerns it, to be in the best interests of the City residents to approve and 19 aUth0l'iZe, 01C MaNlOr tO Sign an Interlocal Agreement with the Boynton Beach Community 20 Redevelopment Agency to fund the free Canopy Coverage llrq�iect within the Boynton Beach 2.1 COMMUnity Redevelopment Area. 22 NOW, TIJEREFORE, BE I -I" RESOLVEI) BY THE CITV COMMISSION OF 23 TiflK C1'VYOIC BOYNT0N BEACH, FLORIDA,THAT: 24 Section 1. U'ach lhereas clause set forth above is true and correct and incorporated 25 herein by this reference. S',CA'�R°Sl)'�AW,eefvient�;qt,,A Wkh CRA For Fundmg Tree Canq�y Cmerage ProJ ect Resol Docx Page 108 of 897 26 Section 2. 1 "lie City Commission ofthe City of Boynton Beach, Florida des, hereby 27 approvc and awhorize the Mayor to sJgn the Interlocal Agreement between the City of Boynton 28 Beach and the Boynton Beach COMM Unity Redevelopment Agency to fund the Tree Canopy 29 Coverage 11roject in an aMOLInt not to exceed $60,650,00, as copy of said Interlocal, Agreement 30 is attached hereto as l"Ahibit "A". 31 Section 3. That this Res()WflOn shall become effective inirriediately upon passage. IIASJCC) I I 32 SED AND ADOPTED this ay of Decemmer, 2020 , L� I'll, d NV"h CRA For Funtfing Tree C anopy Coverage flr� jecl - ReSOH)mX Page 109 of 897 33 CITY OF BOYNTON BFMIJ, FTORIDA 34 35 NTS NO 36 37 Mayor — Steven B. Grant 38 39 Vice Mayor —Ty Penserga 40 41 (,"onimissioner — JUstin Katz 42 43 Commissioner -..- Woodrow L. Hay L"". 44 45 Conimissioner — Christina L Romelus 46 47 48 ATTF"Is r. 49 50 51 52 Cq�Xwl Gibson, MMC 53 Clity 0erk or 5 01 Sea]') 14 NV"h CRA For Funtfing Tree C anopy Coverage flr� jecl - ReSOH)mX Page 109 of 897 OFTHE TREE CANOPY COVERAGE PROJECT' WITHIN THE BOYNTON BEACH COMMI.JNITV REDEVELOPMENT ARZEA. THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Mumicipal CorporatiOD, ("CITY"), and the BOYNTON BEACH, COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or "Parties"). WITNESSETH: WHEREAS, the 20,16, Boynton Beach Community Redevelopment Plan ("Plan") calls for the redlevelopnient of the Cbinmunit y Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, the City has previously adopted City of Boynton, Beach Resolution R20-091 (attached hereto, as Exhibit "A") which establishes a city-wide tree planting goal; and WHEREAS, the CITY will undertake as Tree Canopy Coverage Project to plant, trees in furtherance of that goal; and WHEREAS, tree planting is anticipated to take place in locations, identified in designated 'Free Canopy Coverage, project Potential Planting Areas (.pp s), as further described in Exhibit "B," which i,s hereby incorporated herein; and WHEREAS,, the CRA desires to provide the CITY with funding Im planting trees in PPAs that are within the CRA Area (the "Project"); an(] WHEREAS, the Project site hes within the boundaries of the CRA Area-, and WHEREAS, the Project is intended to improve the overall quality, aesthetics, and fianction of the P within the CRA Area; and WHERE,AS, the CRA Board finds that this Agreement, and the use ofthe CPA's funds for the Project, is consistent with the, Plan and, Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slurn and blighted conditions, and Che beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreernent serves a, municipal and public purpose, and is in the best interest ofthe heal,th, safety, and welfare ofthe CI'1Y of Boynton Beach,, including, the Community Redevelopment Area, D � Page 110 of 897 NOW, THEREFORE, in consideration ofthe mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set fiorlh above are hereby incorporated herein. 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Sixty Thousand Six Hundred Fifty and 00/100 Dollars ($60,650), for materials and equipment costs associated with the physical improvements of the Project c(.,)nsistent with the terms of this Agreement, to be used for only reimbursement of certain eligible expenses. Eligible expenses are those expenses that are consistent with the requireinents of" Flofida Statutes, consistent with the Plan, directly related to the Project, and in compliance with the requirements of this A P!rcenient, In addition, only expenses directly associated with planting materials and installation shall be considered eligible expenses, b� The CRA shall make payments to the CM," upon receipt of a complete wait cin request from the CITY for paynient, so long as such request complies with all requirements ofthis Agreement. 3. Obligations of the CITY. a. TheCITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163370(3), Florida Statutes, or otherwise probibited by, law, b, The CITY shall ensure that the Project is designed and constmeted in compliance � I I c. The CITY shall be responsible for overseeing the project, coordinating with the con'tractor(s), and otherwise contracting arid coordinating with all other entities as necessary to of the Projcct, but shall ")ordinate witb the CRA concerning compliance with die Plan. & Tile CITY shall also be responsible for the inaintenance of the trees plan steel as a result of the Project, along with contracting and coordinating with all other entities as necessary to comply with the Urban Forestay Management or applicable industry best management standards, le. Upon request from the CRA, or an authorized agent, of the CRA, including the Executive Director or designee and the CRA Atkffney, the CITY shall pr(")vide all documents reasonably requested by the CRA or CRA's, agent concerning compliance with this Agreernent, specifically including any documentation concenring, compliance with Florida Statutes or supporting any Reirnburseinent Request. 011,48119-1 2 Page 111 of 897 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reinibursenient Request") meeting the requirements of this Agreement to the CRA no later than 30, day's after payment by the ary of funds for which it is seeking reimbursement, and in no case later than 30 (lays after the Pro Ject achieves final completion, For purposes of` this Agreement, final completion shall be deerntA achieved upon approval of a final inspection from the City, or the equivalent. The request shall include the following inf6rmatiory i,, The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement fiat the Project is in compliance with the Plan and Florida Statutes, and evidence supporting the statement, iv. Copies of all invoices, receipts, and any other documentation necessary to evidence tile arnount and purpose for each pray lent made by tile, CITY for the Project for which the CITY is seeking reimbursement. v, For any Reinibursernent Request submitted after final completion, evidence of an approved, final inspection, or equivalent, and a final report by the City detailing at alinnnum the type of trees, quantity, size, location, and the associated maintenance program for the trees that are planted. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in tile arnount requested, consistent with this Agreement, to the CITY within thirty (30) daysof receipt of the Reiniburssenlent Request. c. If the CITY fails to submit a Reirriburser1lent Request within 30 days after tile Project achieves final completion, the CITY will no longer be eligible to, receive any reimbursement and this Agreement shall terminate. Il`tllC CITY Submits a Reimbursement Request that the C'RA deciris, incoinpletc, the CRA shall notify the CITY in writing, The CRA may ask for additional, documentation that could reasonably be used to evaluate or support the Reimbursement Request. "file CITY shall have 30 (lays ftoni receipt of the notice to provide the necessary docurnentation, to complete the Reunburstmient Request, If the CITY fails to provide the documentation required by the CRA within, 30 days, tile CITY shall only be eligible for tile portion ofthe Reimbursement Reguest, if any, that the CRA deenis complete and eligible.The CRA will OOASSMIa 3 Page 112 of 897 not reimburse the CITY for any portion of tile request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the P'roject, The Parties agree that time CRA shall ornly be responsible for providing reimbursement to the CITY for eligible expenses for the project, arid shall, not otherwise be responsible for, effectuating the Project or maintaining any trees planted as a Result of tile prqjecttl 6. Indemnification. The CITY shall indeninify, save, and hold harmless the CRA, its agents, and: its employees from any liability, clairn, dernand, suit, loss, cost, expense or danlage which may be asserted, clairried, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whornsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related, to the negligent or wrongful conduct of Persons or the faulty equipment (including equipment iinstallation and rernoval) associated with the Pr(Iject. Nothing in this Agreelrient shall be deemed to affect the rights, privileges, and sovereign, iminunifies of the CRA or the CITY as set forth in Section 7168.28, Florida Statutes. This paragraph shall not be construed to require the CU)" to indernnify the CRA for CRA's own negligence, or intentic),nal acts of tile CRA, its,agents or employees. Each party assumes the risk of personal ittiury and property damage attributable to, the acts or ornissions of that party and its officers, eniployees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, arid, unless earlier terminated pursuant to this Agreement, shall terminate atter the Project has obtained an approved final inspection, or equivalent, and the CRA reimburses the CITY for the Project, or oil December 311, 2021 ("Term ina lion Date"'), w1iieliever comes first,. In no case shall the CRA be required tcet reimburse the CITY fir any inifiniely requests, or requests submitted after this AgTeernent is tenninated. The term of the Agreenient rima; be extended only -upon the execution ofa written alliendment signed by the CITY Cotm-nission said time CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreerrient in accordance with other provisions in this Agreement. & Records. The CITY and the CRA eacli shall maintain their own, records and documents associated with this Agreement fil accordance with the requirements set forth, in Chapter 119, Florida Statutes. All such records shall be adequate to justify all Charges, CXpenses, and costs 0CMAR-1 4 Page 113 of 897 in=Ted in accordance with generally accepted accounting principles, Each Party shall have access to the other Party's books, records and docun�ients ws required in this Agreement for the pui?ose of inspection or audit duringnon-Tial business hoursduringthe term of this Agreement and at least I year after the tennination ofthe Agreement, 9. Filing,. The CITY shall file this Interlocal Agreement Pursuant to the requirements of Section 163 �0 I (I I) of` the Florida Statutes 10. Default. Unless otherwise provided in this Agreement, if either Party defaults by failing to peribmi or observe any of the material tenns and conditions of this AM-eement for a period of 'tell ( 1t) ca lendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may ten-ninate this Agreement through written notice, to the other Party, Failure of any Party to exercise its right in the event of army default by the other Party shall not constitute a waiver of such rights, No Party shall be deemed to have waived any rights related to die other Party's failure to perforni unless such waiver is in writing and, signed by both Parties, Such waiver shall be limited to the ternis specifically contained therein. This section shall be without pre-judice to the rig, its of,any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this A&Teenient shall be deemed to Create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The Cin' and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders ofthe United States of Arnerica, State of Florida and of any other public authority which may be: applicable. 13. Entire Agreement. This, Agreement represents the entire and sole agreement and understanding between the Parties conceming the subject matter expressed herein, No ternis herein may, be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, cornmunica(ions, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are rnerged into this Agreement and the terms of this Agreement supersede all such other agreements, No extraneous information may be used to alter the ten'TIS of this Agreement. 14. Severability. If any part of this Agrcernent is found, invalid or unenil'orceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable, OOMMIt 5 Page 114 of 897 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida, and the United States of America, without regard to conflict of laws principles, Any and al] legal actions necessary to enforce the tenures of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or-, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and subrnit,, 16. No Discrimination. Parties shall not discriminate against any Person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice raust be in writing and sent by United States mail, return receipt requested, courier, evidenced by as delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whorn it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed, by written notice in compliance with the provisions of this paragraph, For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E Occan A venue Boynton Beach, FL 33435 b. CR- Michael Sinion, Execuative Director Boynton Beach CRA 100 E, Ocean Avenue 0' Floor Boynton: Beadli, Florida 33435 c. Copies, To: James A. Cherof Goren, Cherol'. Doody & Ezrol, P.X 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A, m Page 115 of 897 5151 North Tela ler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise tra,nsl'br this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be cx)nstruled more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel'tbr one of the Parties,'I"he Parties declare that the ten,,ns of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, amid each Party is advised to seek independent legal advice in corinection with the mattei's referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, eacli ofwhich shall be deenied an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from, each originalmay be joined together and attached to one such original and it shall constitute one and the sarne instrument. In addition, said counterl)arts may be transmitted electronically (i.e., via, facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all puq)oses hereunder. 21. Survivid. The provisions of this Agreement regarding indemnity, waiver, termination, maintenance oftrecs, and records shall survive the expiration or termination of th,is Agreement and remain in fall force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the perfbrinaricc of the provisions in this Agreement. U1 MOO� � [Signatures on following page,] h Page 116 of 897 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST, MEMMM�� Forin � of the CRA Attomcy 013189588.q a Florich ii'lunicip"al olporati' y: to ......... . ............ Ste (en Grant,, may r Date: (SEAL) J By: sow 6TT'��T ��w 'I tr Date:, 7CE) Page 117 of 897 0 tl 388 58911 M.11YUHUM (insert R20-091 as pd .file due to low resolution) 91 Page 118 of 897 (ins rt R2'0-09'1 as p4lfile due to low resolutiot) Page 119 of 897 000838$ � EXHIBIT "B"' (Ire at PO ZE NTIA L PLA NTINGA REA S (PPA) W1 THIN C'I?A A REA as 1.74/file) u Page 120 of 897 Ddtibit "A" REWEXTION 1W RAW191 4 A RESOLUTION WTHE UTY OF BOYNTON EACH, 5 FLORHA, ADOPTING A CITYWIDE TREE PLANUNC 6 GOAL OF 3,000 TRUS PER YEAR TO ACHIE\JE 200/a I TREE CANOPV COVERAGE, BY 21135; AND PROVIDINCY $ AN EFFECTIVE DATE. tt WHEREAS, Me C13 of Boymon Beach eqjoys numerous benctits froni its urban forest 12 includhip shade. energy savings. malkablie neighborhoods, natural bealll)'. \Oldlil'C habilal, ll increased property valum carlmmi sequestration, upmkc of ah, poflotion, and absorption of 14 stannivater runall! and 15 WHEREAS. Reesape decHning thmughm the southern United States as an resuill (11' to dov lopine nL sum darim, d iseasc. and I ack, of replacernern as o Id,er trees d ic� and 1-1 WHERFGAIA an urban Uwe canors assessment ol, Boynton Beach found Mat twe canop� im awmi W P% of Me cky! unal land area. and tim Mc 0y Iml P%" f" ils, tree canopy, or about 19 1,800 1 recs 1'roil 120 l 7 to 201 q: and 20 WHEREAS Ahc same am"smmm Rmind thl T4% of be 01)'s land irea could potenliafl� 21 he planledwith additional trees: and 22 WHEREA1, the (0y's 2020 Climate Ac6on, I'lan identifies Urban l'oresiry as an key 23 strategy to h0p reduce coninitinity-m-ide greenhouse gas ernissions 50'M(� helcm 2015 levels by 24 21).15,and 25 HERE All planting lives A targeted amas can increase cquily, because low-incoinc eta neig ghborhoods oRen hmve lower tree canopy and hotlei• surlace rem peral tires., and VYH EREW commurity rivembers havc idenfified uv e canopy expunimi as a Ipp priority 28 m make Buyinon Beach a more sustainable cit:: and '19 Z NNIIIEREAS, the City has, developed pannushts %hh muqvol'it mganizatimls and; 10 mcked trainman murds to pkmi trees in putdk paAm schook and pHvaie residences: atul %4 AM ME It I=" -1w1m Page 121 of 897 ,31 WHEREAS. the City %NjIll COnfillUe I0 I)M-Mle grants and other funding opportunities. and 32 will engage the pirivaw sector In, contribute to the citN wide is -cc planting goal: and a3 WIIEREAS. the Cit\' will conduct as land saver asi&essnierst every four to flve."ears to [rack. 34 progress toward meeting the, tree cartopy goal ol'20"e"O coverage. is NOW, THEREFORE, BE ITRESOLN11-1), IJV TH E CITY COMMISSION OF THE 3,01 CITY OF BOYNTON BEACH. FLORIDA, THAT 37 section I Each Whereas clause set forth :above is true and correct and incorporated .13 herein by, this reference, '19 Section 2. The Boyrflon Beach City ("ornmission adolms to city-wide Irce planting gtial 40 of 3,000 trees, p year to achieve 20% tries., canopy coverage by the ycar 20135, 41 Section 3. PI kit ihis Resolution shall become elTective immediately upon passage, 42 PASSE D A N D A1) 0111TE D dais _ js� day cal arprem be r. 2020. 43 CITY Oil" BOYN]"ON 131"AC) L FLORIDA YES NO Vice Mayor IN, Ilenserga Comilimissioner— justill li Comi'vissioner Woodrio\\ 1., Ilay L1111", C011111111issioner Christina 1- Romelts's VC)TI-. -S-11V Cr tial Gibson, NIIK1C C6y Clerk 1, ( AAUILSOwt'('onorw ReSo 00,M, Page 122 of 897 �v \.: « \\\ Pag@ }�O 897 N W .* I Legend el� Bo tmdary II �; Rowdary Parks In CRA. Rogim IPPA in CRA '... k°rlvri'I� tl.binu9 PvaW La -d 0 200 400 F*f "" ��7 Legend' WHIR NIIR... I NMC"y BoururJWw CRABwndory ._, PWkS tM r RA —.'Radde CEPA in CRA PH -t., Lend PubIIo 4Arld a WD 400 FW w §:«, @#w Ww_ \_ —« !_ems __ PPA mour . . _ m+_ N Legend mmM CIA B -.deny i AeirWm �r �'R,VY Rads PPA Ih CRA P,W,4'lo Land Pub4c lend 'v.�G✓��i/ f�,-MMI , 200 40 m Logen a m A�Mkl COY Row. �ummooi CF��m.ravdlaryr — Roads PPA NIi1, CRAB ..; PHVi U V.waind Fulbk Land Legend «i #--! °__. jParks CRA _, PPA mCRA :Pmvgw _ P:_ , _ y> El Pag+1of 897 Legend wHii, �,1uCMy Boundary SRA Buunnda,yr Park. h CRA R tl& Pia in CRA P&OO t; d Public Land 0 200.... 4010 Fuw '04 Boynt�o,n Beach CRA, FL. Canceled Payables Vendor Set: 01 - BOYTON BEACH CRA Martis PFOPIS , PROJECT FD -OPERATIONS -TO Vendor Number Vendor Name LEWIS, LONGMAN & WALKER P.A. Flayment Type! Payment Number Check Payable Number; Description , ( I,, I," 1, LEGAL FEES !_"ables, Left To Pay Again Vendor Set: 01 - BOYTON BEACH CRA Bank-, FOR, PENN FU ND CKG-TD BANK Vendor Number Vendor Name LEWIS, LONGMAN & 'WALKER P.A. Payment Type Payment Number Cheick, Payable Number DescriptIon 1`/, ) : ' LEGAL FEES 11/12/2020 12 44'26 PM Total Vendor Amount 7,7'10,00 OrWnal Payment Date Reversal Date Cancel Date Payment Amount 11/12/7020 11/12/2020 -7,710= Payable Date Due Date Payable Amount 11/10/2020, 11/10/202a 71730 -DO Total Vendor Amount -1,275,00 Original Payment iData Reversal Date Payment Amount 21/121202D 11/1212020, -1,275M Payable Date! Due Date Payable Amount 11/10/2020 11/10/2020 1,275,00 Page I of '2 Page 134 of 897 Check Register Boynto�n Beach CRA, FL Packet: APPKTOO�760 - LEWIS LONGMAN By Check Number Vendor Number Vendor Name Payment Date Payment Tvpe MuountAmaunt' PaymentArrmnt Number Bank Code- GFCB-GEN FUND CKG-TD SANK 0205 LEWIS, LONGMAN & WALKER, P.A. 11)12/2,020, Regular 0.0D 1,,275.00 10368 Bank Code, GFC8 Summary payawe Payment Payment Type Count Count Discount Payment Regular Ch,"ks I 1 0.00 1,275,00, Manual Checks 0 0 OZO 0.00, Voided Checks 0 0 OM M0 Bank Drafts 0 01 OM M00 EFrs ID 0, M00 OM I &0� 1,275.00 I I/ J, 21).(Q0 1 � 17 � 34 PM Pagp I rA 3 Page 135 of 897 ME = IJ/12/2,C210 J r: 17 : 31 PM Packet- APP000760-LEWIS LONGMAN Pa�)e 3 of 3 Page 136 of 897 All B,aink Codes, Chiec�k Summary Payable Payment PaymentType Count Count EMscouint Payment Regular Checks 2 2 0.00 9,005.00, Mianua,l Checks 0 0 0.00 0,00, Volided Checks, 0 0 0M 040 Sank Drafts 0 0 0M 0100 EIFTIS 0 01 OM 0100 2 2 %00 9,000,00 Fund Summary Fund Name Period Amount 01 GENERAL FUND 1'i./2020 1,275-00 02 PROJECTS FUND 11/2020 7,730,00 9,005.00 IJ/12/2,C210 J r: 17 : 31 PM Packet- APP000760-LEWIS LONGMAN Pa�)e 3 of 3 Page 136 of 897 6.E. Consent Agenda 12/7/2021 Requested Action by Commission: Authorize utilizing State of Florida Alternate Contract 43211500- W SCA -15 -ACS for the renewal of Datrium ControlShift SaaS system from Transource Services Corp in the amount of $24,300 for 1 year. Explanation of Request: On November 5, 2019 the City Commission approved the purchase of Datrium ControlShift SaaS system to automate the controlled fail -over and fail -back of servers to the City disaster recovery data center from the City's Fire Station #5 data center and the Utilities data center. Approval of this renewal will allow the City to continue to use the Datrium ControlShift Saas system for one year. The purchase requires City Commission approval because the total amount spent with Transource Services Corp by the ITS Department will be over $35,000. Transource Services Corp Purchases FY 21/22 Purchase Description Cost Datrium DVX Hardware and Software Support $23,749.20 Datrium ControlShift SaaS $24,300.00 Total $48,049.20 How will this affect city programs or services? In 2017, the City purchase Datrium DVX systems for the Fire Station #5 data center, Utilities data center and the disaster recovery data center. Installation of the Datrium DVX system in the three data centers has allowed the City to shorten the RPO (Recovery Point Objective) from 24 hours to as few as 45 minutes and the RTO (Recovery Time Objective) from approximately 4 hours to under 5 minutes. RPO describes the interval of time that might pass during a disruption before the quantity of data lost during that period exceeds the maximum allowable threshold or tolerance. RTO is the duration of time within which a business process must be restored after a disaster in order to avoid unacceptable consequences associated with a break in continuity. The addition of the Datrium ControlShift SaaS system with the existing Datrium DVX system allows the City to automate the fail -over and fail -back of server to/from the disaster recovery data center. This renewal will allow the City to continue to use the Datrium ControlShift SaaS system. The Datrium ControlShift SaaS system allows the creation of rulebooks to automate the fail -over and fail -back of the servers to/from the disaster recovery data center. The Datrium ControlShift SaaS system also uses the rulebooks to check the configuration of the Datrium DVX systems every 30 minutes to ensure that no configuration changes have occurred that may negatively affect the fail -over or fail -back process. Fiscal Impact: Funding has been approved in account 001-1510-513.49-17 in the 2021/2022 budget. Alternatives: An alternative could be to issue a formal RFP for the renewal, but that does not guarantee a substantially lower cost. Page 137 of 897 Strategic Plan: High Performing Organization Strategic Plan Application: This purchase falls under the strategic goal of high performing organization by protecting the integrity of the City's data and information assets from damage or loss. Failure or delays in shifting to backup data centers would have a negative impact on the use of internal computer servers and systems, and in turn, a cause a potential increase in cost and negative impact on services provided to the community. Climate Action Application: This agenda item has a net -zero impact on the climate. Is this a grant? Grant Amount: Attachments: Type Description DgirEsIE rTIENI'rt N Sll.: OgirEsIE rTIENI'rt D A rTIE)ndrTIENI':f D ddE)indUlirn D Qa.aiOtE)s D f fflh E)r N SII.: OgirEsIENrTIENI'rt ... irTIE)ndirTIE)i rt 3 StatE) Of Il::::llorlida ddE)ndUlirn Pira ll'I >OLArCE) 4: L.aiOtE) Coirrtira ct IFlrliciirg w: LArnrnairy Page 138 of 897 livnese)b DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation 2405 W. Utopia Road Phoenix, Arizona 85027 Contract Vendor Administrator: Curtis Wescott Email: curtisw transource.com Phone: 623.879.8882 ext 24 CONTRACT NO: CONTRACT PERIOD: Through EXTENSION OPTION: MNWNC-130 April 1, 2015, or upon final executed signatures, whichever is later March 31, 2017 UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating. Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by applicable a Is, bylaeJ utions. or ordinances. By:rF PdMetl Tide: ,r& ' c i Date:' — t �' By: signature PrMedMe— Title: Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, subd. 3. By; Title: MesterA reem ntAdministrator Date: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: —Orlpinal signed FEB 2 6 2015 BY Lucas I Janneff CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 139 of 897 STATE OF MINNESOTA Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH TRANSOURCE SERVICE CORPORATION FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers, Storage including Related Peripherals & Services) To: Transource Service Corporation 2405 W. Utopia Road Phoenix, Arizona 85027 Contract Vendor Administrator: Curtis Wescott Email: curtisw transource.com Phone: 623.879.8882 ext 24 CONTRACT NO: CONTRACT PERIOD: Through EXTENSION OPTION: MNWNC-130 April 1, 2015, or upon final executed signatures, whichever is later March 31, 2017 UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating. Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. TRANSOURCE SERVICE CORPORATION The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by applicable a Is, bylaeJ utions. or ordinances. By:rF PdMetl Tide: ,r& ' c i Date:' — t �' By: signature PrMedMe— Title: Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. § 16C.03, subd. 3. By; Title: MesterA reem ntAdministrator Date: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: —Orlpinal signed FEB 2 6 2015 BY Lucas I Janneff CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 139 of 897 DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 10 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS ............................................... SUMMARY......................................... EXHIBIT A - TERMS & CONDITIONS ............................................... EXHIBITB - PRICING....................................................................................................................................................23 EXHIBIT B - PRICING SCHEDULE...........................................................................................................................25 EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) .....................................................................................26 EXHIBIT D - WEBSITE ............................. EXHIBIT E -ACTION REQUEST UPDATE FORM (ARF)............................................................................................28 EXHIBITF - REPORTING..............................................................................................................................................30 EXHIBITG - DEFINITIONS............................................................................................................................................31 2 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 140 of 897 livnese)b DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY I. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award. After evaluation by a multi --state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 4: Server Band 2: Laptop Band 5: Storage Band 3: Tablet The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands .1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @ $10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 141 of 897 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Partv Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Prod uctlServices 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 142 of 897 COMPUTER EQUIPMENT liVROSO)b 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms & Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE. a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 143 of 897 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: . Susan Kahle Acquisition Management Specialist Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 Fax: 651.297.3996 E-mail: susan.kahle state.mn.us 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. if the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat, § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, C. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 144 of 897 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 145 of 897 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1 % or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later. than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of tyle WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which rpay accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. � 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Co'ptract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 5. ASS IGNMENTISUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date 4)f the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attendipg any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY NON -DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentlality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential S CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 146 of 897 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records; (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non -Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Informatiop necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Iniunctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Particioatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an 8 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUfPMENT TRANSOURCE SERVICE CORPORATION Page 147 of 897 opportunity to cure the default. The Lead. State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION — INTELLECTUAL PROPERTY.,DELETED SEE SECTION 2C17. 16. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever,and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure. to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 148 of 897 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED — SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping. labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCAINASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 24. PAYMENT . Payment for completion of an order under this Master Agreement is normally made within 30 days Following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 11 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 149 of 897 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional. charge. 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS - SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at http://www. naso.or /WNCPO/Calculator.as x. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is stili required. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill -to and ship -to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD -Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. IV7NWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 150 of 897 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. h. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP. a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the.Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract. Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates,. either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire' as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall 13 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 151 of 897 not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues: Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. 94 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 152 of 897 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A -D which can be viewed at htto:I/www.mmd.admin.state.mn.us/pdf/accessibility standard.pdf Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.gov/oettpolicies-and-standards/acceasiLbLlilty/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee.. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. G. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provisionrequiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 153 of 897 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, . person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any. lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the.eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. frothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is notrequired to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already 16 CONTRACT NO. MNWNC•130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 154 of 897 established Contract Vendor in order to meet the. Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.ciov/ruies/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranettinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13,.(and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety. Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTWAFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple 17 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 155 of 897 award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn: Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance 18 CONTRACT NO. MNWNC-930 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 156 of 897 by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur, the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto; shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAI_ ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards: a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. 19 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 157 of 897 These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22.. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. Thisinformation may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities. or because of relationships with other persons: • a Contract. Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract, ""Contract Vendor," "Master. Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 26. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat. § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to 20 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 158 of 897 the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included. in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense fond DD -214 or by the commissioner of veterans affairs; (2) veterans with service -connected disabilities, as determined at anytime by the United States Department of Veterans Affairs; or (3) any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran -owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or a service disabled veteran -owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran -owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response. If responder is claiming the veteran -owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and 21 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 159 of 897 f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to .result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and. practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined. in Minn. Stat. § 13.37 22 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 160 of 897 COMPUTER EQUIPMENT li!0889)b2014-2019 UEAART'MENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one" procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product.and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Cgntract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated 4 ase line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE. PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade -In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity, The Participating Addendum by each State may address service agreement terms and related travel. 23 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 161 of 897 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authorityao enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 24 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 162 of 897 ��t�` innese a DEPARTMENT OF ADMINISTRATION 't COMPUTER EQUIPMENT .., 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE IMPORTANT: The minimum discount is provided, refer to Contract Vendor's Website for any additional discounts and request a quote for bulklvolume discounts. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is a special case where inside delive fee must be char ed, the Contract Vendor will notify the customer in advance. 3 THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) 43211724 10% 4 SERVICES Se.'rvices'are at the option of Participating,States: Participating Addendum `b each'State"rr. address servlce"agreement _towns and;related travel:'.States nay"negotiate additional services."TFie majority of manufac#urer'S.hardware includes a;fhree year war.:ranty. Customer may:purchase warranty upgrades #or certain hardware as offered." For standard` warranty Information`' :htt" .Nwwuv.transource.comisu odidefault.as Accidental Damage — Complete Care: $150 Break/fix non warranty: $75/hour Desktop Installation: (options: copper, sterling and turquoise — see website for details) Copper --$25 Sterling Silver=$40 Turquoise=$75 Training $65/hour INCLUDED. 3 year warranty, `image loading, image -consulting, asset tagging, consulting; stagingldeployment(produc#s. ne6din sta in " nor to .de to rnent will.:be stored in contract vendor warehouse at no additional;cost 5. LEASING Contract Vendor does not offer leasing. 6. ADDITIONAL DISCOUNTS — Request a quote for discounts on bulkivolume purchases. a. Per Transaction Multiple Unit: Over $250,000 = up to 1.5% additional on Transource systems from Baseline Pricing or .5% on peripherals Over $500,000 = up to 2% additional on Transource systems from Baseline Pricing or .75% on peripherals Over $1 million - up to 3% additional on Transource systems from Baseline Pricing or 1 % on peripheral b. Cumulative Discounts are based on Total Master Agreement Sales: Over $20 million —Additional .5% from Baseline Pricing Over $50 million —Additional 1% from Baseline Pricing Over $100 million --Additional 1.5% from Baseline Pricing c. Annual Volume Discounts: Over $2 million —Additional .5% from Baseline Pricing Over $5 million —Additional 1 % from Baseline Pricing Over $10 million —Additional 1:5% from Baseline Pricing 25 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 163 of 897 IlillESQ�a DEPARTMENT Of ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 09L MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the startof sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 164 of 897 BAND Part # - SKU# MANUFACTURER DESCRIPTION MINIMUM DISCOUNT CATEGORY CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 26 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 164 of 897 in►��so�a DEPARTMENT OF ADMINISTRATION A*. COMPUTER EQUIPMENT 2014-2019 ' A' MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule (PSS) c) Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) Purchase order tracking j) Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www,sec.aov/rules/final/2012/34-67716.pdf. q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response. 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 165 of 897 IiIHOW)b DEPARTMENT Of ADMINISTRATION COMPUTER EQUIPMENT . 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action .Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement # with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: requesting the action noted below. Action Requested: Action Log: (Contract Vendor) is providing the following update and/or Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition _Marketing Approval _Material Website Change _Miscellaneous inquiry Provide warranty Guarantee Attach Materials for review Describe and provide link for review Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 166 of 897 innesoia DEPARTMENT OFADMMISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE DATE SUBMITTED ACTION REQUESTED: APPROVED 29 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 167 of 897 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF AwNisrRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: FROM :;: TO Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 168 of 897 Report Name Submitted to Purpose & Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: http:l/www.naspo.orgtVVNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 30 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 168 of 897 M11HHOSOUR DEPARTMENT Of ADMfNISTRATfON COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP..A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. . Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Devices Fn also be offered ..,.+e. band -S 1 6 of thea Master Agreement -.BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 169 of 897 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy-Star qualified computers and monitors automatically power down to 15 wafts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Star website at http://www.enerciystar.gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard - the IEEE 1680 EPEAT standard — and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of.performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures. surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor.mn.aov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission. of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment ora feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State maybe authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum .is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and Conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 32 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 170 of 897 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peri pheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.htmi. Purchasing Entity— means a state, city, county, district, other political subdivision of a State, and a nonprofit. organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud :services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN.. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-130 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT TRANSOURCE SERVICE CORPORATION Page 171 of 897 t i :fru OttA m f' oar c cr �,a i6i ld b*: hi ry a :tewmf2mishm mumald Maw To tt , :a sins arm 3a� r %d mart tum n �iffit ` =i t gr 12.[. Other.19 �. t0*0L . dS 4 5 TIO 1st !1^ l , t,gsit 6l E e n 1 rag: r s . it d(a �dt t ray t t:us ksy , a in I . gr 1IQg , 27 Page 172 of 897 CERTIFICATE OF LIQ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN[ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONST1Tt REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, thl: the terms and conditions of the policy, certain policies may require an I certificate holder In lieu of such endorsements) PRODUCERWillisof Arizona, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA rnaum"'Traneource Service Corporation DBA: Transource Computers 2405 W Utopia ltd Phoenix, AZ 85027 ►BILITY INSURANCE DATE 2025 yj 02/09/2015 Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to ndorsement. A statement on this certificate does not confer rights to the FE FAX 7-945-7378 AIG No:1-888-467-2378 icates willis.com INSURER(S) AFFORDING COVERAGE NAIC# tic 5 ecialt Insurance Co an 27154 INSURER B: INSURER C., INSURER 0: INSURER E: - INSURER F ; COVERAGES CERTIFICATE NUMBER W767791 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNSR ADbL SUER LTR TYPE OF INSURANCE POLICY NUMBER MMlUOYlYYYY P_0 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DA AGE REN D A PREMISES Ea occurrence $ 500, 000 y MED EXP (Any one person) $ 10,000 711013251-0002 04/15/2014 04/01/2015 PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: )ECT LCC X POLICY ❑ OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 21000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO Ea accident $ ALL OWNEpBODILY INJURY (Per person) $ AUTOS UTODULEp AUTOSNON-OVVBODILY INJURY (Per accident) $ AUTOS HIREDAUTOS NED AUTOS PROPERT'(DAMAGE int] $ Per acGd UMBRELLA LIAB OCCUR EXCESS LIAB EACH OCCURRENCE $ CLAIMS -MADE AGGREGATE $ (iED RETENTION$ WORKERS COMPENSATION $ A AND EMPLOYERS' LIABILITY YIN X STATUTE ETH ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 406-04-18-06-0000 04/01/2014 04/01/2015 If yes, describe unE.L. DISEASE - EA EMPLOYE $ 1, 000, 000 DESCRIPTIONder OF OPERATIONS bWow E. L. DISEASE -POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Re: RFP Computer Equipment: Weaktops, Laptops, Tablets, Servers, Storage, Ruggedized Devices including related Peripherals 6 Services) State of Minnesota is included as an Additional Insured as respects to General Liability. General Liability policy shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by Additional Insured. CERTIFICATE HOLDER CANCELLATION State of Minnesota Materials Management Division 112 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 ACORD 26 (2094109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ONZ. © 7988-2094 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID:8417914 BATCH:Batch #: 114193 Page 173 of 897 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. aVANTAGE FOR GENERAL LIABILITY TECHNOLOGY COMPANIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provisions to determine the extent of your coverage. o Customers' Goods o Use of Elevators 1. ADDITIONAL INSURED -- BROAD FORM VENDORS Section 11— Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily Injury" or "properly damage" arising out of "your products" which are distributed or sold in'the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or VCG 207 07 00 Includes copyrighted material or Insurance services Office, Inc. Page 1 of 7 Copyright 2009, !!!!!!!!II I!!!!!I!!II Page 174 of 897 SCHEDULE OF COVE=RAGE EXTENSIONS 1. Additional Insured — Broad Form Vendors 8, Coverage Territory — Worldwide 2. Additional Insured — by Contract, Agreement or 9. Duties in Event of Occurrence, Claim or Suit Permit relating to: 10. Expected or Intended Injury (PD) o Work performed by you 11. Incidental Medical Malpractice o Premises you own, rent, lease or occupy 12. Medical Payments o Equipment you tease 13. Mobile Equipment Redefined 3. Aggregate Limit Per Location 14. Newly Acquired or Formed Organizations 4. Blanket Waiver of Subrogation 15. Non -Owned Aircraft 5. Bodily Injury Redefined — Menta! Anguish 16. Non -awned Watercraft 6. Broadened Named Insured 17. Personal and Advertising Injury 7. Broadened Property Damage 18. Product Recall Expense o Borrowed Equipment 19. Supplementary Payments Increased Limits o Customers' Goods o Use of Elevators 1. ADDITIONAL INSURED -- BROAD FORM VENDORS Section 11— Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily Injury" or "properly damage" arising out of "your products" which are distributed or sold in'the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty not authorized by you; (S) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "properly damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or VCG 207 07 00 Includes copyrighted material or Insurance services Office, Inc. Page 1 of 7 Copyright 2009, !!!!!!!!II I!!!!!I!!II Page 174 of 897 (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) Any vendor, person or organization if the "products -completed operations hazard" is excluded either by the provisions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL_ INSURED —CONTRACT, AGREEMENT OR PERMIT a, Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organi- zation(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the perfonnance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such person(s) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non-contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property damage", or "personal and advertising Injury"; 2. To any person or organization included as an insured under the Additional insured - Broad Form Vendors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4.. To any person or organization if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease terminates or expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if: (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury", "property damage", "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. S. To "bodily injury, or "property damage" occurring after: (a) Alt work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Page 2 of 7 Includes copyrighted material of insurance Services office, Inc. VCG 207 07 08 copyright20DO, IIlfllfilitff±I11I!!I!I!III!f!II!I+I!!IIII!IIIIIII Page 175 of 897 c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits". 'These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V —Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV — Transfer of Bights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. S. BODILY INJURY REDEFINED— MENTAL ANGUISH Under Section V, the deflnition of "bodily injury" is replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including mental anguish or death resulting from any of these at any time. S. BROADENED NAMED INSURED Section 11— Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 1 Both day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and (C) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' Goods" is $35,000 per "occurrence". VCG 207 07 08 Includes copyrighted material or Insurance Services OtNoe, Inc. rage 3 or 7 Copyright 2009, 1!!!!!I!MI!11I[!!1!!MN!IM1!1l1111111111!!! Page 176 of 897 b. Under Section V — Definitions, the following definition is added: "Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision Is excess over any other valid and collectible property insurance (including any deduccdbie) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 8. COVERAGE TERRITORY —WORLDWIDE The definition of "coverage territory" Is replaced by the following: "Coverage territory" means anywhere provided the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 9. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, If you are a partnership; 3. " An executive officer of the corporation or insurance manager, it you are a corporation; or 4. A manager, if you are a limped liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence' Is a liability claim rather than a workers compensation claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition. 10. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. INCIDENTAL MALPRACTICE —EMPLOYED PHYSICIANS, NURSES, EMT%AND PARAMEDICS a. Under Section II — Who Is An Insured, the paragraph that excludes an employee or volunteer worker as insured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. !b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by as will follow the Other Insurance — Excess Insurance provisions in the COMMERCIAL GENERAL. LIABILITY CONDITIONS. 12. MEDICAL PAYMENTS —INCREASED LIMITS AND TIME PERIOD In the insuring Agreement under Coverage C — Medical Payments, the requirement that expenses are incurred and reported to us within one year of the date of the accident is changed to three years_ a. The Medical Expense Limit is $15,000 per person or the amount shown in the [Declarations as the Medical Expense Limit, whichever is greater. b. This provision 12. does not apply if Coverage C — Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. Page 4 of 7 Includes oopyrlghted material or Insurance Services Office, Inc. VCG 207 07 00 Copyright2U09, lfl}IFII1111}ill}I}}1fI11flllllillllllll11MIH II Page 177 of 897 13. MOBILE EQUIPMENT — SELF-PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self- propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or C. Street cleaning. 14. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section tl — Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 15. NON -OWNED AIRCRAFT The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. a. The insurance afforded by this provision 15. is excess over any other valid and collectible Insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 16. NON -OWNED WATERCRAFT a. Section If — Who Is An Insured is amended to include as an insured for any watercraft that is covered by this policy, any person who, With your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co"employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability, the limitation on the length of a watercraft Is increased to 55 feet. c. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (ncluding any deductible -or Self Insured Retention) available to the insured, whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. PERSONAL AND ADVERTISING INJURY The following exclusions under the definition of "personal and advertising injury" are amended as follows: a. Insureds In Media Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; or. (2) Designing or developing content of websites for others. However, this exclusion does not apply to paragraphs 14 a., b. and c. of "personal and advertising injury" - under the Definitions Section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. b. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or maintains for other;. VCG 207 07 09 Includes copyrighted material of insurance Services Of&*, Inc. Page 5 of 7 Copyright 2009, Page 178 of 897 18. PRODUCT RECALL EXPENSE With respect to this Provision 18., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. a. The following is added to Section III -Limits Of Insurance section: 1. The'Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. 4. Subject to 3. above, we will pay only the amount of "product recall expenses" in excess of the deductible amount shown in the Product Recall Schedule. Products Recall Schedule Limits of Insurance Product Recall Aggregate Limit .$50,000 Each Product Recall Limit $25,000 Each Product Recall Deductible $1,000 If any limits and deductible other than those above are shown in the Declarations as the Products Recall Expense Limits, the amounts shown in the Declarations will replace the Units of Insurance and deductible provided for this coverage. The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. b. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV — Conditions: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 80 days after our request. We will supply you with the necessary forms; and 5. . Permit us to examine any insured under oath, while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 8 of 7 Includes copyrighted material of Insurance Services office. Inc. VCG 207 07 fig Copyrlght2009, !!!!111Mll INII!!IIII'IIiii11 lIlillllll1111111 Page 179 of 897 c. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has determined that a known or suspected defect, deficiency, inadequacy or dangerous condition In 'your product" has resulted in or will result in "bodily injury" or "property damage". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1� For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees'; (5) Incurred by "employees", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; tis) Caprice or whim of the insured; (6) A condition likely to cause loss of which any Insured knew or had reason to know at the inception of this insurance; and (7) Redall of 'your products" that have no known or suspected defect solely because a known or suspected defect in another of 'Your products" has been found 19. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS Under Section i - Coverages, Supplementary Payments - Coverages A and 13, paragraphs 1.b. and 1.d. are replaced by the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. VCG 207 07 09 Includes copyrighted material of Insurance Services Office, Inc. Page 7 of 7 Copyright 2409, 11111!fl1lf11!1!!111111111111111111111Ili!!1!!IIII Page 180 of 897 COMMON POLICY CONDITIONS All coverages of this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us ad- vance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. , If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The can- cellation will be effective even it we have not made or offered a refund. 6, if notice is mailed, proof of mailing will be sufficient proof of notice. B. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 45 days before the expiration date. If notice Is mailed, proof of mailing will be sufficient proof of notice. C. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. D. Concealment, Misrepresentation or Fraud This policy is void in any case of fraud by you as it relates to this policy at any time. It is also void if you or any other insured, at any time, intentionally conceal or misrepresent a material fact concerning: 1. This policy; 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this policy. E. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy pe- riod and up to three years afterward. F. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or or- ganization to provide for the health or safety of workers or the public. And we do not warrant that conditions: 1.. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. VIL 40102 05 Includes copyrighted material of Insurance Services Office, Inc. page 1 of 2 Copyright 2004, 1111111!1111!IIIII!MIII1111111! 11111IfIHM!11! Page 181 of 897 G. Liberalization If we adopt any revision that would broaden the coverage under this policy without additional premium within 45 days prior to or during the policy period, the broadened coverage will immediately apply to this policy. H. Premiums 1. All Named Insureds shown in the Declarations are jointly and severally liable and responsible for the pay- ment of all premiums. 2. The first Named Insured shown in the Declarations will be the payee of any return premiums we pay. 1. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit pe- riod we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. if the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. J. Transfer of Your Rights and Dirties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. K. Unintentional Errors or Omissions Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with re- spect to the coverage afforded by this policy, provided such failure or omission is not intentional. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonre- newal. Page 2 of 2 Includes copyrighted material of Insurance services Office, Inc. VIL 00102 05 Copyright 2004,!!!l!l!I!1111111W!!!!!1!I!!!l!I!!1!11111111111!1 Page 182 of 897 DocuSign Envelope ID: 46F5A5D9-2735-4443-AE3C-5E4D58517CE9 Mr g DEPARTMENT OF ADMINISTRATION May 6, 2021 Curtis Wescott Transource Service Corporation 2405 W Utopia Rd Phoenix, AZ 85027 Dear Mr. Wescott: STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, M N 55155 Voice: 651.296.2600 Fax: 651.297.3996 The following documents are enclosed for you to complete and return: • Amendment 3 to NASPO Master Agreement No. MNWNC-130 • Workforce Certificate Information Form • Equal Pay Certificate form Using the DocuSign process, please have the attached document(s) signed and routed for the State's execution by May 14, 2021. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Page 183 of 897 DocuSign Envelope ID: 46F5A5D9-2735-4443-AE3C-5E4D58517CE9 AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-130 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration ("State"), and Transource Service Corporation, 2405 W Utopia Rd, Phoenix, AZ 85027 ("Contractor" or "Contract Vendor"). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-130, April 15, 2015, through July 31, 2021 ("Contract"), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: That NASPO Master Agreement No. MNWNC-130 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Transource Service Corporation The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. DocuSigned by: By:ha& k18M41377SD59S40D._. 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. DocuSigned by: By: 742DE72118ED492... Title: Acquisition Management Specialist Date: 5/11/2021 3. Commissioner of Administration Or delegated representative. By: FDocuSigned by: A4-4 Doffs. 681302A2617760415A... Date: 5/11/2021 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-130 Page 184 of 897 Curtis Wescott Printed Name Title: National Sales Manager Date: 5/11/2021 By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. DocuSigned by: By: 742DE72118ED492... Title: Acquisition Management Specialist Date: 5/11/2021 3. Commissioner of Administration Or delegated representative. By: FDocuSigned by: A4-4 Doffs. 681302A2617760415A... Date: 5/11/2021 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-130 Page 184 of 897 PARTICIPAnING ADDENDUM to the NASPO ValuePoint'Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page I of. 0 1. The State of Minnesota, Department of Administration, Materials Management DhOsion publicly conducted a Request for Proposal on behalf of the State. of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) result in g In Master Agreement number MNWNC-130. The Master Agreement led by the State of Minnesota along With a multi -state sourcing team, was created for use by state agencies and other entities that are authorized by that state's statutes to utilize cooperative agreements, upon written approval of the State's chief procurement official. The Master Agreement for computer equipment. (desktops, laptops, tablets, servers, and storage, and ruggedized devices,.including related peripherals & services) identifies the product bands awarded to the Contractor. This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Transource Service Corporation (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement.. This Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contractor under the terms of the Master Agreement, 2. Particinatior►: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State"s statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of ftG2de0Ga: in the event of a conflict the following documents shall have priority in the order set forth below; a. This Participating Addendum b. Exhibit 2, PUR 1000 c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-130. 4. Pil3icipat' ng State ModfflobonIZAIJ00111 to a er men M st AS= , - 1: A. Upon execution of this Addendum, all eligible users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-15-ACS. Page 185 of 897 PART[CIPATING ADDENDUM to the NASPOValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No- MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 43211SOO-WSCA-15-ACS Page 2 of 9 Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum,. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form-, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity, or transact business with any public entity. c. Effective Date: This Addendum shall become effective on the last date signed below and Is coterminous with Exhibit 1, unless terminated earlier by the Participating,.State. d. Vendor Registration and Transaction Fees: In order to complete any transaction betweenan eligible user and the Contractor, the Contractor must be registered with the Department of State, Division of CorporatIons.(Wmw,sunbiz."r ) and in NyFJorIdaMad=E[4M. Section 287.042(1)(h),.Florida Statutes, and We 6DA-1.031, Florida Administrative Code, Is hereby incorporated byreference. All transactions are subject to a transaction fee pursuant to the rule. e. Purchases: in order to procure products and services hereunder, eligible users shall issue purchase orders or use a purchasing cardwhich shall reference Florida altemate .contract source number 43211500-WSCA-15-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum Including all Exhibits. f. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing. requirements that are applicable to the conduct of its business, Including those of federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the. Florida Statutes and Rule 6OA-1 of the Florida Administrative Code govern this Addendum. By way of further non -exhaustive example, the Contractor shall comply vAth section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, Page 186 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota (Master Agreement No: MN11 NC -130 Transource Service Corporation .And The State of Florida Alternate Contract Source No. 43211500-WSCA 1S -ACS Page 3 of 9 ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: if any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can snake a purchase under this Addendum, the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes: The provisions of section 287,.058(1)(a) - (c) and (g), Florida Statutes, are hereby incorporated by reference. 1. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article l of the State Constitution or subsection 119.07(i), Florida Statutes, The Participating State may unilaterally terminate this Addendum if the Contractor refuses to allow public access as required in this section. if, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as provided under subsection 119.011(2), Florida Statutes, the Contractor must; (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency In order to perform the service. (2) Provide the public with access to. public records on the same terms and conditions that the public agency would provide the records and at. a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.. (3) :Ensure that public records that are exempt.or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt,or confidential and exempt from public records disclosure requirements, All records stored electronically must be provided to public agency in a format that is compatible with the information technology systems of the public ,agency' Page 187 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoInt Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No; MNWNC-130 Transource.Service Corporation And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 4 of 9 j. The. State of Florida's performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial,. or state agencies. B. Contract Document- This Addendum and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of the contract C. intellectual Property* The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property develo ed as a result of this Addendum will belong to and be the sole property of the Participating State. This provision will survive the termination or expiration of the contract. D, Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.; 11-02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E -Verify system: to verify employment of all new employees hired by the reseller/partner during the Addendum term, E. Price List/Preferred Price: The Contractor's price list will be the same as the SCA-NASP0 price list and the Department will post a link on the Departments website to the price list posted on the WSCA-NASPO website. Contractors are -encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR1000 Is not applicable. F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities In Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Ust, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 28,7.135J5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Page 188 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of IV[innesota Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 5 of 9 Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any Order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement and this Addendum. 1. The Contractor agrees to meet the following requirements. a. Provide appropriate contact information for eligible users to use for product an d/or service inquiries and purchases, as "tl as, the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the Master Agreement and b. if orders are to be sent to resellers/partners for fulfillment then the Contractor is responsible for providing and updating this list of authorized resellers partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified In H.1 below. H. Electronic Invoicing-0The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP) within ninety (90) days from Addendum effective date. Electronic Invoices shall be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below: 1. cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment.ThIs transaction set can be used for Invoicing via the AN for catalog and. non -catalog goods and services. The cXML format is the Ariba preferred method for e -Invoicing. 2. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context., of Electronic Data Interchange (EDI) environment. This transaction set can be used for Invoicing via the AN for catalog and non -catalog goods and services. Page 189 of 897 PARTiaPATiNG Aomoum to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS 3. PO Flip via AN The online process allows Contractors to submit invoices via,the AN for catalog and non - catalog goods and services. Contractors. have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO Into an Invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it Is authorized and empovmred to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the. Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic. invoicing if needed. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report in the required format electronically to the Participating State/Entity within 30 days of the end of the quarter. the Participating State/Entity reserves the right to require the Contractor to provide additional reports %vithin 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default and may result in termination of this Addendum. Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract lquarters, the Participating State/Entity may terminate this Addendum, Business Review Meetings: The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary. The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor Page 190 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota MasterAgreement No: MNW,NC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 7 of 9 shall address the agenda Items and any of the Participating State/Entity's additional concerns at the meeting.. Failure to comply with this section may result in the Contractor being found in default and Addendum termination. K. Commitment to Diversity in Government Contracting- The State of Florida is committed to supporting its diverse: business Industry and population through ensuring participation by minority-, women-, wartime-, and service-disa bled veteran business enterprises in the economic life of the State. The State of Florida Mentor Prot6g# Program connects minority-, women-, wartime-, and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage forms doing business with the State of Florida to consider this Initiative. For more information on the Mentor Protdgd Program, please contact the Office of Supplier Diversity at (&50) 487-0915 or odbglg@dms.mvftofida.com. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vend or utilized during the period. Commodities and services provided by the minority business. enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. Resellers/Partners: The Contractor may use resellers/partners in order to provide computer equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. if a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida Is not a party to any agreement entered into between the Contractor and Its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), Page 191 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePtint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: M NWNC-130 Transource Service, Corporation And The State of Florida Alternate Contract Source No. 432115W-WSCA-!15-ACS Page 8 of 9 including those of any such reseilers/partnersi and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations w.w.sunbix.orel • Registered In the MFMP Vendor information Portal (h ttps./Ivendor.mvftoridaingrWpla;g.com • Not be an the State of Florida's Convicted, Suspended., or Discriminatory lists J bUD:/]—WWw.dms.mvflorida.com/`bULiness 2129rations/State purchakinvendor informatioe .n,&0vj=d Iyapend d1scrjMiMjQjy SgWplalnts vendor lists • Have a cop/ of e -Verify Status on file • Ha . ve a current W-9 filed with the Florida Department of Financial Services (bn p s. L A W n do_ r, m y fl g r Lid qdo_QM.). M. Primary Contacts, The primary government contact individuals for this Addendum. are as follows (or their named successors): - Name Curtis Wescott Address Transource Service Corporation 2405 W. Utopia Road, Phoenix, AZ 85027 Telephone 2 623-879-Mext. 24 E-mail Curtisw@transource.com 0 +;1.ra 1, rntitif r - Name Barlq Address Florida Department of Management Services Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Telephone 950-921-4072 E-mail etilyn.balle @)dms.m&dda.com -- Page 192 of 897 PARPCIPATING ADDENDUM, to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-130 Transource Service Corporation And The State of Florida Alternate Contract Source No. 4321150041AISCA-15-ACS N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 7. Terms. The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Participating State: contractor.. Florid;q TransourceS By, Oy Name: Title: ILt SPGY G Title: NA5?0-\,V --�D Date:I ate: 4.1 Fkw0i'i Chi qo Proqoitment Officer: game:/' — Roz Ingram Title-. Director of State Purchasing and Chief Procurement Officer Date. q I ` 1� lsz— Please email fully executed PDF copy of this document to EAftaspovaluegoint.ors to support documentation of participation and posting in appropriate data bases. Page 193 of 897 Exhibit. 2 43211500-WSCA-15-ACS, Computer Equipment State of Florida PUR 1000 General Contract Conditions 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. S. Additional Quantities. 6. Packaging. 7. Inspection at Contractoes Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 11. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20, Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29, Assignment. 30. Antitrust. Assignment, 31; Dispute Resolution. 32. Employees, Subcontractors, and Agents, 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 137. WarrantV of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). 41. Products Available from the Wind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. yr =51 Page 194 of 897 4321150.0-WSCA-15-AC,S, Computer Equipment 44. Waiver. 45. Annual Appropriations. 46! Execution in Counterparts. 47. Sever -ability. 1. Definitions. The definitions contained In s. 6OA-1.001, E.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract' means the legally enforceable agreement that results from a successful solicitation. The parties to the. Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services Via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer' may. also be the 'Buyer' as defined in the PUR 1001 if it meets the definition of both terms. (c) 'Product' means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a pur . chase under the Contract (e.g., a formal written purchase order, electronic purchase -order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall beat the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be ,deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancv between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services v.4thin the ambit of section 287.059(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shalt designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3.. Product Version. Purchase orders shall be deemed to reference a manubcturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing. an earlier model or version and the contractor is willing to provide such model or version. 4. Price Changes Applicable only toTerm Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Digguntfi. Contractors are urged to offer additional discounts for one time delivenl of large, single orders. Customers should seek to negotiate additional price concessions on quantity purchases. of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. PUR 1000 (10/06) 2 6004.002, F.A.C. Page 195 of 897 Exhibit 2 4321I500-WSCA-15-ACS, Computer Equipment (c) k&l EEMV2as, In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to. the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the. promotion. (d) Tradg-In. Customers may trade4n equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it " be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) LqUitagbie AdjustMSOL The Customer may, In its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in tine marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractoes control, (2) the volatility affects the marketplace or Industry, not just the particular Contract source of supply,. (3) the effect, on pricing or availability of supply it substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. S. AddKional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on. the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Patkaging. Tangible product shall be securer and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. Ail containers and packaging shall became and remain Custornees property. 7. inspection at Contractors Site. The Customer reserves the right to Inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. S. Safety Standards. All manufactured items and fabricated assemblies subject to operation -under pressure, operation by connection to an electric source, or operation, involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Associatlion for gas -operated assemblies. in addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to dean air and. water pollution. 9. Americans with DisaWlities AcL Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. PUR 1000 (10/06) 3 60A-1.002, F.A.C. Page 196 of 897 Exhibit 2 43211WO-WSCA-15-ACS, Computer Equipment IL Transportatiort and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside del". Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, Within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of Inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation Is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately Identify any additional Installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation Includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. if any alteration, dismantling, excavation, etc., is required to achieve Installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left.clean and in a neat and un&-istructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of Inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall..- record any evidence of visible damage on. all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor, and pixivide the Contractor with a copy of the carrier's Bill of Lading and damage inspection, report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection, Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with tike Contractor. Rejected product not removed by the Contractor within ten days shall be deemed ahandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred In storing or eflicting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPllace, a statewide eProcurement System ("System"). Pursuant to section 297.057(23), Florida Statutes (2002), all payments shall be asses -sed a Transaction Fee of one percent (1.0%), Which the Contractor shall pay to the State, unless exempt pursuant to 60A4.032, F.A.C. For payments within the State. accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments, to the Contractor, If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 604-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. AM such reports and payments shall be subject, to audit by the State or Its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission, of the Contractor. Nobnithstanding the foregoin& a Transaction`Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform. or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TPANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES! VENDOR LIST AS PROVIDED IN RULE 6OA-1.006, FJLC. PUR 1000 (10/06) 4 60A-1.062, F.A.C. Page 197 of 897 Exhibit 2 43211500--SCA-I5-ACS, Computer Equipment is. Involving and Payment. invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the sVstern. Electronic invoices shall be submitted to the Customer through the Arlba Supplier Network ,(ASN) in one of the following. mechanisms — EDI 810, cXIVIL, or web -based invoice entry within the ASN. Payment shall be made in accordance. with sections 21SA22 and 287.0585 of the Florida Statutes, which govern time limits for payment of :invoices. invoices that must be returned to a Contractor due to preparation errors gill result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Custa±rner's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the soiicitaWn or in the Contract or purchase order. 1.7. Governmental Restrictions. if the Contractor believes that .any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the iContragt at no further expense to the Customer. 18. lobbying and IntWt . Customers shall ensure compliance Frith Section 1.1.062,, FS and Section 216.347, FS. he Contractor shall not, in connection with this or any other agreement with the .State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, tither exercise of discretion, or violation of a known .legal dirty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances,, deposits of maney, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other a t orized State official, the Contractor shall provide any type of 'information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may Include, but shall not be limited to, the Contractors business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor clnal retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at. hgp.iLdlis,d2E,gM.fl.us/barMLOnKheduleL/Unsche_d_h-t—rnj. The Contractor agrees to reimburse the State for the reasonable casts of investigation incurred by the Inspector General or other authorized state official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the state which `results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to; salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees, The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the.State and Customers, and their officers, agents, PUR 1 (10/06) 60A-1.002, F.A.C. Page 198 of 897 Exhibit 2 43211SOOMSCA-15-ACS, Computer Equipment and employees, from suits, actions, damagesand costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall tufty indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or Intellectual property tight, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's 'products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order, if any product is the subject of an infringement -suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing, if the Contractor is not reasonably able to modify or otherwise secure the, Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable, for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal: action are contingent upon the state or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractoes sole expense,. and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or comprorrise incurred or made by the State dr.Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonality withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract Or purchase order for direct damages shall be limited to the greater of $100,000, the dollar -amount of the contract or purchase order, or twit times the charges rendered I by the Contractor under the purchase order. This limitationshall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless 0 enivlse specifically enumerated in the Contract or in the purchase order,, no- p" shall be fiabie to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract> or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No 9" shall be liable for lost profits, lost revenue, or lost Institutional operating" savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice'to the Contractor,, retain such monies from amounts due Contractor as may be necessary to satisfy any Claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State, 21. Suspemlon. of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase erder, at any time, when in the best interests of the State to do so. The Customer shali provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension Include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. PUR 1000 il0/06) 6 6OA-1.002, FAC. Page 199 of 897 Exhibit 2 43211500-WSCA-15-ACS, Computer Equipment 22.. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or, in part Am -hen the. Customer determines In its sole discretion that it is in the States interest to do so. The Contractor shall not furnish any.product after it receives the notice.of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cark-ellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the ;Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract; or (4) abide by any statutory, regulatory, or licensing requirement. Rule 6OA-1.006(3), FA.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors, at any tier,, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the. failure to perform is caused by the default of a subcontractor at any tier, and If the cause of the default Is completely beyond the control of both.the Contractor and the subcontractori and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontractedproducts were obtainable from other sources in sufficient firne for the Contractor to meet the required dellvery schedule. if, after termination, it is determined, that the Contractor was not in default, or that the default was excusable, the rights and. obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clausse are in addition to any other rights and remedies provided by law or under the Contract, 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not Le responsible for delay resulting from its failure to perform If neither the fault nor the negligence of the Contractor or its ernployees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fres, floods, or other similar cause wholly beyond the: Contractor's control, or for any of the foregoing that affiect subcontractors or suppliers If no alternate source of supply is available to the Contractor, In case of any delay the Contractor believes is excusable, the contractor shall notify the Customer in writing of the delay or potential delay and describe the. cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor." had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Ptoviding notice In strict accordance with Vils paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of, time I , shall be asserted against the Customer. The Contractor shall not be entitled to an. increase in the Contract price or payment of any kind from, the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or Inefficiency, arising because Of delay, disruption, interference, or hindrance from any cause whatsoever. if performance is suspended or delayed, in whole or in part, due to arry of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the, deiay will significantly accept impair the value of the Contract to the State or to Customers, in which case the Customer may (1) ac pt allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatale, nt to Customers with respect to products subjected to allocation, or (2) purchase from other sources (withom recourse to and by the Contractor for , the related costs, and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Chantes, The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract, price or delivery date if the change affi�ts the cost or time of PUR 1000 (10/06) 6OA-1.002, F.A.C, Page 200 of 897 Exhibit 2 x132115,00 -WS -15-AC'S, Computer Equitrent performance. Such equitable adjustments requirethe written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Ren 1. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer, Any renewal shall specify the renewal price, as set forth in the solicitation response, The renewal must be In writing and signed by both parties, and is contingent upon satisfactory performance Evaluations and Subject to availability of funds. 27. Pvrchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely, The Contractor Is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state terrn or agency contract's term shall be considered void. Purchase, orders for a one-time delivery of commodities or performance of, contractual services shall be valid -through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery wffll occur after expiration of the state term or agency contract, For example, if a state term contract calls for delivery -30 days after receipt of order (AROJ, and an order specifies de , livery will occur both in excess of 30 days ARO and after expiration of the state term contract, the ContractorwV1 accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the, expiration of the state term contract, then the purchase order M11 either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. 'The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than tvielve. months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on oricin g plans and renewals: shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. I i1mely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and condiWns of the state term or agency contract shall apply to the recurring delivery/perlormance as provided herein, and shall surdive the termination of the, Contract. Ordering offices stall not renew a. purchase order issued pursuant to a state term or agency contract if the underlying. contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published either in print or electronically, to arry entity that is not a part to Contract, except potential, or actual authorized distributors, dealers, resellers, or service representative. PUR 10DO (10/06) 6OA-1.002, F.A-C. Page 201 of 897 43211500-WSCA-15-ACS, Computer Equipment 29, Asslgnrneft The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable. for performance of the contract, unless the Customer expressly waives such secondary liability. the Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment."The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchasedin connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall to decided by the Customer's designated contract manager, viho shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customers petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of admirilstralive remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of disptate resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or reiates to the Contract shall be the appropriate state court in Leon County, Florida, in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specifiedtraining qualifications. Upon request, Contractor shall furnish a copy of technIcat certification or other proof- of qualificatior. All. employees, subcontractors, or agents performing work. under the Contract must comply vaith all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State.may conduct, and. the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished, by, the Contractor, The State may refuse access to, or require replacentent of, any personnel for cause, including,. bmt not limited to, technical or training qualifications, quality of ".0, change in security status, or rvon�vornpllance w!' th a Custromer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may rejectand bar from. any facility for cause any of the Centractor's emplayees, subcontractors, or agents. 33, Security and Confidentiality, The Contractor shall comply fully with all security procedures of the United States, State of Florida andCustomer in performance of the Contract. The Contractor shall not divuige to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcon"ctors, offincers or employees in the course of pertonning Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential Information or material that is publicly available W.rough no fault of the Contractor, material that the Contractor developed independently without rely1rZ mn,the State's or Customer's confidential Information, or material that is otherwise obtainable under State law as a public record. To Insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. PUR IWO (10/06) 6OA-1.002, F.A.C. Page 202 of 897 Exhibit 2 43211500-WSCA.-15-,ACS, Computer Equipment 34, Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such. actions include, but are not limited to, ensuring that Contractor's employees, subcontractors,.and other agents receive, benefits and necessary insurance (health, workers' compensations, and unernployment) from an employer other than the State of Florida. 3S. Insurance Requirernianut. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract, Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance poli les shall be. through insurers Whorized or eligible to write policies In Florida, 36. Warranty of, Authority. Each person signing the Contract. warrants: that he or she is duly aut.41orized to do so and to bind the respect" party to the Contract. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of Its, kncmpledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate Is currently on the convicted vendor list maintained pursuant to section 287.113 of, the Florida Statutes, or on any0milar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised In any manner during the term of thr Contract. 38. Notices. All notices required under the Contract shall be delivered by certified Mail, return receipt requested, 4 reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as, otherwise identified by the Customer. Notices to the Contractorshall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to rece"rve notice. 39. Leases and installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17,001, F,S.) is required for State agencies to enter Into or to extend any lease or Installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Indus -tries -and Diversified Enterprises, Inc, (PRIDE),, Section 946,515(21, F.S, requires the following statement to be , included in the solicitation: "it is expressliV understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased frorn the corporation identified. under Chapter 9A6 of the Florida Statutes (PRIDE) In the same manner and under the same procedures set forth in section 946.,515(2) and (4) of the Florida Statutes; and for purposes ofthe Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional info miation about, PRIDE and the products it offers Is available at NUP. 1W w.pridgff.com. 41, Products Available from the Blind or Other lian,dicapped. Section 413.036(3), F -S -requires the following statement to be inclvded In the solicitation: "it is expressly understood and agreed that any articles that are the subject of, or required. to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes, and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agenci insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at httoWwww.respectoffloridd.2ra. PUR 1000 (10/06) 10 60A-1.002, F.A.C. Page 203 of 897 Exhibit 2 432115W.WSCA-15-ACS,.Computer Equipment 42. madifkation of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Corttractor. The Contract may only be modified or amended. upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the contractor. No alteration or modification of the Contract terms, including s0stitutiion of product, shall be valid or binding, against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing 1xing additional terms to product upon delivery (e.g., attachment or Inclusion of standard preprinted forms, product literature, "shrink wrar terms accompanying or, affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fisca: forms, or other docurnents forwarded by the contraitor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 41 Cooperative Purchasing. pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are indep*ndent of the agreement. betp. een Customer and Contractor, and Customer shall not be a party to any transaction -between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of 5. ZgTOQ(jfr)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and In the best interest of.the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under tb;s Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations,. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts.. The Contract Mai be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 41.: verabil`lty. If a court deems any provision of the Contract void or unenfbrceable, that provision, shall be enforced, only to the extent that it Is not in violation of law or is not otherwise unenforceable and all othel provisions shall remain in full force and effect. PUR 1000 (10/06) 6OA-1,002, F.A,C. Page 204 of 897 TMNSOURCE Transource Services Corp 2405 West Utopia Road Phoenix AZ 85027 BILL TO City of Boynton Beach Boynton Beach FL 33425 SHIP TO City of Boynton Beach Boynton Beach FL 33426 Account Rep: Brandon Welling Contact Name: Sales Quote Terms: Net 30 Line Item No. „1 . _.., C"NVP , . _.. NVP-FL IT MFR# R -DR -CS -VM -MO -P Description NASPO ValuePoint MPA# MNWNC-130 State of Florida PA# 43211500-WSCA-15-ACS Quotation No.: Quotation Date: Due Date: Customer No.: Customer Ref. No.: Page No.: Ship Via FOB: Renewal, Datrium ControlShift SaaS VM, 12 Months Serial # 8100HOOOOOOgDEsQAM Start 12/15/2021 End 12/15/2022 Quantity: 45 x 12 months = 540 FOB DESTINATION SHIPPING NO CHARGE TIN # 86-0490887 DUNS # 154869622 CAGE CODE OMM09 SBA certified "American Small Manufacturer" SALES QUOTATION Copy 324154 11/08/21 12/08/21 C890637 Page 1 of 1 FOB Destination Qty Unit Price 1 1 540 $ 45. Subtotal $ 24,300.00 Shipping Tax Total Order Value $ 24,300.00 Pa, Q 2Q5 of 897,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 9 Phone: 623-879-8882 x138 Fax: 623-879-8887 E -Mail: brandonw@transource.com Website: www.transource.com Complete Price List can be found at Lott: www.t:o°ainsouu°ce.cs oASI.P.. X202021.. ......�a�/�20ESS%201 Page 206 of 897 NASPO MINIMU CATEGOR MANUFAC DESCRIPTI BASE LIST NASPO M PART # BAND Y TURER ON PRICE PRICE DISCOUNT R -DR -CS -VM -MO -P 5 Services Datrium Renewal, D $ 50.00 $ 45.00 10.00% Page 206 of 897 r.J.RAIN50UIBCIF.xIIs.. ................................................................................................................ Page 207 of 897 A=A Third DELETE = D Party PRICE REDUCED = R y A Page 207 of 897 6. F. Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-170 - Authorize the City Manager to sign a grant application to the Florida Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan funding for Master Lift Station 317 Major Upgrade with a 50% City cost share of $1,500,000. Explanation of Request: On May 12, 2021, Governor Ron DeSantis signed into law Senate Bill 1954, now section 380.093, F.S. This comprehensive legislation ensures a coordinated approach to Florida's coastal and inland resiliency and will yield the largest investment in Florida's history to prepare communities for the impacts of climate change — including sea level rise, intensified storms and flooding. The legislation established new grant programs that are available to counties, municipalities, water management districts, flood control districts and regional resilience entities. Among these new programs, the Statewide Flooding and Sea Level Rise Resilience Plan provides state and federal funding for infrastructure projects that address risks of flooding or sea level rise identified in vulnerability assessments that meet the requirements of the statute. The City of Boynton Beach is submitting an application to fund a comprehensive upgrade of Master Lift Station 317, a critical, regionally significant wastewater pumping station for the Boynton Beach Utilities Service Area. The project will include needed upgrades to Master Lift Station 317 to promote reliability, resilience, and energy efficiency and to ensure effective lift station operation for at least 25 to 30 years. According to the recently completed multi -jurisdictional climate change vulnerability assessment (CCVA), the area around Master Lift Station 317 contains higher percentages of critical assets vulnerable to rainfall - induced flooding than other areas of the City. The requested grant funding for the project is $1,500,000 with a 50% City cost share of $1,500,000 for a total estimated project cost of $3,000,000. Grant award announcements are anticipated in Spring 2022 for a grant start date of July 1, 2022. How will this affect city programs or services? The project will be implemented using the Progressive Design Build procurement method. The preliminary design and development of the Guaranteed Maximum Price (GMP) for construction is anticipated to begin by the end of 2021. The construction phase will align with the timing of the grant to begin in the Fall of 2022, and is anticipated to take two years (FY 22-23 and FY 23- 24). The City of Boynton Beach will utilize grant funds (if awarded) and matching funds for the construction phase only. The project will include correct sizing of the lift station pumps to meet current and future demands, addition of a rag removal and handling system, standby pumping operations, and building and wet well improvements. The project will also address air quality, odor control, and modernization of the electrical and control systems. Site improvements will include building hardening and flood protection measures to make the station more resilient to major storm and rainfall events and reduce the impacts of flooding. Page 208 of 897 Fiscal Impact: The City's matching funds of $1,500,000 are budgeted in the Utilities C I P budget. Alternatives: Do not approve and remove the grant application from consideration. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: The Master Lift Station 317 Major Upgrade Project will ensure effective lift station operation for a minimum of 25 to 30 years into the future, which is critical to protect the health and safety of the adjacent neighborhoods and critical assets. The project will also enhance energy efficiency and climate resilience of the asset and wastewater system. Climate Action Application: 2020 Climate Action Plan Strategy G-2.2 Water Infrastructure Efficiency: Manage and upgrade water and wastewater infrastructure to maximize operational efficiency, reduce system water loss, reduce energy use, and conserve water supplies. CCVA Recommendation #FF -BB -5: Begin preparing key findings of this study to compete for funding with the landmark 'Always Ready' resilience law. Is this a grant? Yes GrantAmount: $1,500,000 Attachments: Type D RE)Sa:allLAti0111 D (3)ira intAppIllica tioin Description :RE)SCfllUltioin appiroviir:c forIl.....w 317 C::SIC:::::.IC.:: :Kira ir: IC IC lllia:a lliaair: II.....S317 Page 209 of 897 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN FUNDING FOR MASTER LIFT STATION 317 MAJOR UPGRADE WITH A 50% CITY COST SHARE OF $1,500,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is submitting an application to fund a comprehensive upgrade of Master Lift Station 317, a critical, regionally significant wastewater pumping station for the Boynton Beach Utilities Service Area; and WHEREAS, the project will include needed upgrades to Master Lift Station 317 to promote reliability, resilience, and energy efficiency and to ensure effective lift station operation for at least 25 to 30 years; and WHEREAS, the requested grant funding for the project is $1,500,000.00 with a 50% City cost share of $1,500,000.00 for a total estimated project cost of $3,000,000.00; and WHEREAS, Grant award announcements are anticipated in Spring 2022 fora grant start date of July 1, 2022. 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 approves and authorizes the City Manager to sign a grant application to the Florida Department of Environmental Protection for the S:ACA\RESO\Agreements\Grants\Approve Application For Master Lift Station 317 Grant - Reso.Docx Page 210 of 897 30 Statewide Flooding and Sea Level Rise Resilience Plan funding for Master Lift Station 317 31 Major Upgrade with a 50% City cost share of $1,500,000.00, a copy of which is attached 32 hereto and incorporated herein as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 7th day of December, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\Grants\Approve Application For Master Lift Station 317 Grant - Reso.Docx Page 211 of 897 Application: SRP--349-- City of Boynton Beach 53659SRP--349--Statewide Flooding and Sea Level Rise Resilience PlanSRP Started at: 10/19/2021 02:01 PM - Finalized at: 10/25/2021 04:50 PM Page: Eligibility Questions Applicant Name City of Boynton Beach Entity Type Local Florida Government or Municipality Applicant County Palm Beach Page: Grantee's General Info Grant Type Statewide Flooding and Sea Level Rise Resilience Plan Provide the Applicant's FEID# that matches the registered listing in My Florida Market Place (MFM) (https:Hvendor.myfloridamarketplace.com (https://vendor.myfloridamarketplace.com)) 1. Go to MFMP (https://vendor.myfloridamarketplace.com), and login to validate and obtain the correct sequence number for your entity's payment information 2. Enter your User Name & Password. If unknown enter "publicuser" for the User Name & Password 3. Search through the listings under the detail section, that have the following fields that match your application information for where the applicant's funds are to be delivered to: • Entity legal name • Full address (physical) 4. Should you not find a listing that matches, please contact MFMP to get a correct entry listed for the Grantee at: https://vmm.dms.myflorida.com/business operations/state purchasing/myfloridamarketplace (https://vvw..dms.myflorida.com/business_operationststate_purchasing/myfloridamarketplace) operations. 5. If your question is not answered by the FAQs link on MFMP's page, please contact the MFMP Vendor Customer Service Desk at vendorhelp@myfloridamarketplace.com (mailto:vendorhelp@myfloridamarketplace.com?subject=MFMP%20Assistance%20Needed) or by phone at 866-352- 3776. Federal Tax ID Number F59-6000282 Sequence Number 0 DUNS Number 072247133 Provide current contact information for each contact. Some information may be duplicative. The grantee's grant manager is responsible for all correspondence with DEP after the grant is awarded and relaying any information necessary to partners and/or subcontractors. Applicant's Physical Address 100 E. Ocean Ave. Applicant's Physical City Boynton Beach Page 212 of 897 Applicant's Physical Zip Code 33435 Applicant's Grant Manager's Name Rebecca Harvey Applicant's Grant Manager's Title Sustainability Coordinator Applicant's Grant Manager's Physical Address 100 E. Ocean Ave. Applicant's Grant Manager's City Boynton Beach Applicant's Grant Manager's Zip Code 33435 Applicant's Grant Manager's Phone Number 5617426494 Applicant's Grant Manager's Email Address harveyr@bbfl.us Applicant's Authorized Signer's Name Lori LaVerriere Applicant's Authorized Signer's Title City Manager Applicant's Authorized Signer's Physical Address 100 E. Ocean Ave. Applicant's Authorized Signer's City Boynton Beach Applicant's Authorized Signer's Zip Code 33435 Applicant's Authorized Signer's Phone Number 5617426010 Applicant's Authorized Signer's Email Address LaVerriereL@bbfl.us Applicant's Fiscal Agent's Name Mara Frederiksen Applicant's Fiscal Agent's Title Director of Financial Services Applicant's Fiscal Agent's Mailing Address 100 E. Ocean Ave. Applicant's Fiscal Agent's City Boynton Beach Page 213 of 897 Applicant's Fiscal Agent's Zip 33435 Applicant's Fiscal Agent's Phone Number: 5617426312 Applicant's Fiscal Agent's Email Address FrederiksenM@bbfl.us Page: Project Information Entity's Name City of Boynton Beach Statewide Flooding and Sea Level Rise Resilience Plan Project Type Project identified through a local vulnerability assessment that addresses risks of flooding and sea level rise to coastal and inland communities in the state Project Title Master Lift Station 317 Major Upgrade List the City(ies) /Town (s) /Vi Ilage(s) City of Boynton Beach Project Location 26.52798148316283,-80.09273545284806 Upload Map Download File (https://vo-genera1.s3.amazonaws.com/d017b9lf-429c-4ld2-94c6-f764db3489dc/3c563470-da0a-4c3b-b49b- fae47b727564?AWSAccessKeyId=AKIAJ4PRWO26HAX3IOCA&Expires=1721565451&response-content- disposition=inline%3B%20filename%3D%22Map%20Series%20- %2OMaster%20Lift%20Station%20317%20Major%20Upgrade.pdf%22&response-content- type=application%2Fpdf&Signature=sAn KON53utvdfdsUJr95%2FIvtr4U%3D) State Lands being utilized? No PROJECT WORK PLAN Please review the Statewide Plan parameters (http://laws.flrules.org 2021 28) under s. 380.093(5), F.S. If including any letters of support or other materials, they should specifically address the Work Plan components below. Project Summary The project is a comprehensive upgrade of Master Lift Station 317, a critical, regionally significant wastewater pumping station for the Boynton Beach Utilities Service Area. It is the largest (only four -pump) station in the system, which receives gravity wastewater flow and re -pumps flow from several other lift stations. The upgrade is necessary to resolve ongoing operational issues, provide for reliable long- term operation, and enhance flood resilience in a vulnerable area of the City. Project Scope of Work The project will include needed upgrades to Master Lift Station 317 to promote reliability, resilience, and energy efficiency and to ensure effective lift station operation for at least 25 to 30 years. The project will include correct sizing of the lift station pumps to meet current and future demands, addition of a rag removal and handling system, standby pumping operations, and building and wet well improvements. The project will also address air quality, odor control, and modernization of the electrical and control systems. Site improvements will include building hardening and flood protection measures to make the station more resilient to major storm and rainfall events and reduce the impacts of flooding. The project will be implemented using the Progressive Design Build procurement method, which is a transparent, open -book process that allows City staff and the selected firm to work hand-in-hand to complete the project efficiently and effectively. Prior to issuance of the Resilient Florida grant (if awarded), the City will conduct preliminary design and development of a Guaranteed Maximum Price (GMP) for construction. Resilient Florida grant funds are requested for project construction, which is anticipated to take two years (FY 22-23 and FY 23-24). During the development of the GMP, City staff will work closely with the Progressive Design Build team to evaluate equipment and material options and perform value engineering in order to implement the most cost-effective and technically sound project at the best price and schedule. Page 214 of 897 PROJECT NEED AND BENEFIT This section should continue to explain the need for the project in the context of flooding, sea level rise, and their effects while providing the information necessary for the Plan's evaluation criteria (,bttps:ZZfrcp.secure-platform.com/a agelPlanEvalua ion Criterial. See the Resilient Florida statute (http://laws.flrules.org 2021 28) for more information. A. Explain the demonstrated need(s) and how the project will address those needs. Master Lift Station 317 is a critical component of the City of Boynton Beach's wastewater pumping system. The lift station is the largest station in the system and is the City's only four -pump station. It is a regionally significant station which receives gravity wastewater flow and re -pumps flow from several other lift stations to the South Central Regional Wastewater Treatment Facility for the ultimate treatment and disposal. The lift station is in need of a major overall upgrade, which will include improvements to the pumping system, standby diesel pump, rag removal and handling, air quality and odor control, electrical and control systems, building hardening, site improvements, and flood protection. The existing pumps have reached the end of their useful service life and are in need of replacement. One of the existing pumps is a smallerjockey pump that is undersized for the current and future flow conditions. The project scope includes the correct sizing of all pumps to meet the current and future demands. A standby diesel pump will be included in the project to provide redundant pumping capabilities during major storm events and power outages. The lift station experiences a persistent rag problem due to the presence of flushable wipes in the influent flow. The project will design and implement a rag removal and handling system to resolve the issue, protect the pumps, and improve the efficiency and operation of the station. Other improvements will address air quality and odor control, which are needed due the location of the station in a busy commercial area, and modernization of the electrical and control systems. Site improvements will include building hardening and flood protection measures to make the station more resilient to major storm and rainfall events and reduce the impacts of flooding. B. Explain how the proposed project fits into the Project Type(s) chosen above. Project identified through a local vulnerability assessment that addresses risks of flooding and sea level rise to coastal and inland communities in the state: The City of Boynton Beach completed a multi -jurisdictional climate change vulnerability assessment (CCVA) in partnership with six neighboring municipalities and Palm Beach County as part of the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). The CCVA includes detailed spatiotemporal analyses of vulnerabilities and risks associated with rainfall -induced flooding, storm surge, and tidal flooding across coastal and inland areas of the CRP communities. The City of Boynton Beach and Florida DEP are currently executing DEP Grant Agreement No. 22RRE09 to update the CCVA to achieve compliance under Section 380.093, F.S. The CCVA found that Master Lift Station 317 would be inundated by two to three feet of water for the 500 -year, 24-hour rainfall and 2020 storm surge. It is one of 17 of the Utilities' total 186 lift stations projected to be inundated at two feet or more. The assessment also identified properties and roads immediately surrounding the asset as highly vulnerable and at risk to the threat of rainfall -induced flooding under both current and future conditions. Explain how the project is feasible and can be completed within a 3 -year timeframe The project will be implemented using the Progressive Design Build procurement method, which is a transparent, open -book process that allows City staff and the selected firm to work hand-in-hand to complete the project efficiently and effectively. This process will enable the City to closely monitor the progress and complete the project within the specified 3 -year grant timeframe. D. Is the project a follow-up or result of a previous state -funded project? The City of Boynton Beach served as grantee/grant manager for two prior FDEP grant awards, and a third award agreement currently in process, on behalf of the Coastal Resilience Partnership of Southeast Palm Beach County (CRP): DEP Agreement No. R1817 - Project Title: Palm Beach County Coastal Resilience Partnership. Funding Amount: $71,731. Scope of Work: Inventory GIS data, conduct initial stakeholder engagement, develop methodology for multijurisdictional climate change vulnerability assessment (CCVA). DEP Agreement No. R1906 - Project Title: Palm Beach County Coastal Resilience Partnership Phase II. Funding Amount: $62,780. Scope of Work: Conduct stakeholder workshops and conduct Steps 1 and 2 of CCVA: Explore climate threats, identify and evaluate community assets. DEP Agreement No. 22RRE09 — Project Title: Coastal Resilience Partnership Vulnerability Assessment Update. Funding Amount Requested: $74,000. Scope of Work: Update storm surge and tidal flooding analyses in the CCVA to achieve compliance under Section 380.093, F.S. E. Explain the how the completed project will exceed the flood -resistant construction requirements of the Florida Building Code and applicable flood plain management regulations. All lift station building improvements will meet or exceed the requirements of the Florida Building Code and all applicable floodplain management regulations. The Progressive Design Build team will evaluate options for site improvements to mitigate and reduce the impacts of flooding due to major storm and rainfall events and improve the stormwater system capacity on site. Wherever applicable, improvements will be constructed to exceed the regulatory requirements. F. Explain how the project addresses risks to regionally significant assets. The City of Boynton Beach and the City of Delray Beach jointly own and operate the South Central Regional Wastewater Treatment Facility. This facility treats an average of 17 million gallons per day of wastewater and sewage from the service areas of both cities. As the largest lift station in the system, Master Lift Station 317 is critical to the performance of the entire wastewater pumping system. Upgrades to the station will reduce flood risks to this and neighboring assets, improve flow to the South Central Regional Wastewater Treatment Facility, and provide for reliable long-term operation of the regional wastewater system. Page 215 of 897 G. Explain how the project reduces risks to areas with an overall higher percentage of vulnerable critical assets. The project location is on West Boynton Beach Blvd. near the corner of Congress Avenue. The climate change vulnerability assessment (CCVA) identified commercial properties and roads along the Congress Avenue corridor, and residential neighborhoods with road access along Congress, as among the most vulnerable areas in the City to rainfall -induced flooding. The Southwest portion of the City is especially vulnerable, including areas with high levels of social vulnerability such as assisted housing and multi -unit residential properties. According to the CCVA, the area around Master Lift Station 317 contains higher percentages of critical assets vulnerable to rainfall -induced flooding than other areas of the City. See attached map series showing Census tract level vulnerabilities to 2020 rainfall -induced flooding (25 -year, 100 -year, and 500 -year extents). The 11 Census tracts surrounding the lift station (encompassing an area of an approximately 1.5 -mile radius) contain the following percentages of highly vulnerable critical assets: Food Infrastructure Assets: 100% (3 tracts), 33-100% (3 tracts), <33% (5 tracts) Health & Medical Assets: 100% (2 tracts), 33-100% (2 tracts), <33% (7 tracts) Energy & Communication Assets: >80% (2 tracts), 33-80% (2 tracts), <33% (7 tracts) Commercial/Industrial Properties: >76% (4 tracts), 17-76% (5 tracts), <17% (2 tracts) Residential Properties: >68% (2 tracts), 21-67% (5 tracts), <21% (4 tracts) Parks & Cultural Assets: >53% (1 tract), 17-53% (3 tracts), <17% (7 tracts) Public Safety & Government Owned Assets: 33-100% (1 tract), 13-33% (3 tracts), <13% (7 tracts) The Master Lift Station 317 Major Upgrade Project will ensure effective lift station operation for a minimum of 25 to 30 years into the future, which is critical to protect the health and safety of the adjacent neighborhoods and critical assets contained within them. H. Does this project add to an existing flood mitigation project that will reduce upland damage costs by incorporating new or enhanced structures or restoration and revegetation projects? There are no current flood mitigation projects in the area. However, the project will provide enhanced flood protection for the future. The climate change vulnerability assessment (CCVA) determined that, in general, the City of Boynton Beach shows significant inundation for the 500 -year, 24-hour storm in the western half of the City. This analysis found that Master Lift Station 317 would be inundated by two to three feet of water during the 500 -year, 24-hour storm event. The Progressive Design Build team will evaluate options for site improvements to mitigate and reduce the impacts of major storm events and improve the stormwater system capacity on site. The design and construction of the project will provide a useful life of 25 to 30 years for all improvements. I. Does the project enhance state or federal critical habitat areas for threatened or endangered species? No J. If the project will be done in a financially disadvantaged community, explain how the project will benefit that community. N/A K. Explain how the project addresses risks identified in a vulnerability assessment or other similar analysis of current and future flooding from rainfall and/or sea level rise. The climate change vulnerability assessment (CCVA) assessed vulnerability of water infrastructure based on the 500 -year, 24-hour storm event combined with 2020 storm surge conditions. The 500 -year storm event is often the most extreme storm modeled by FEMA and can be considered representative of both current and future conditions. This analysis found that Master Lift Station 317 would be inundated by two to three feet of water for the 500 -year, 24-hour rainfall and 2020 storm surge. It is one of 17 of Boynton Beach Utilities' total 186 lift stations projected to be inundated at two feet or more. In addition, the CCVA classifies the commercial properties immediately adjacent to the lift station as highly vulnerable and at risk to flooding based on the following criteria: moderate potential impact (in inundation extent), low adaptive capacity (built before 1982 when BFE requirements were put in place), moderate risk probability (in 100 -year inundation extent), and moderate risk consequence (exposed to moderate flood depth of 1 foot or more). The lift station itself is located within the 100 -year inundation extent for current conditions (2020), 2040 conditions (5" of sea level rise (SLR) above 2020 levels) and 2070 conditions (33" SLR). These future rainfall -flooding scenarios showed patterns of vulnerability similar to current conditions. As future rainfall and groundwater models are developed for the region in coming years, the CCVA analyses will be updated to more accurately assess future flood threats. In general, as the climate warms, rainfall - induced flooding will be exacerbated by stronger and more frequent storms combined with groundwater inundation. It is critical to adapt wastewater infrastructure now to avoid future risks to public health, safety, water quality, and economic damages that could result from flood -induced spills, overflows, or loss of service. L. Describe the current flooding and/or erosion conditions in the project area. Periodic flooding has been observed in the vicinity of Boynton Beach Blvd. and Congress Avenue in prior years. The climate change vulnerability assessment (CCVA) evaluated the vulnerability of water infrastructure based on the 500 -year, 24-hour storm event combined with 2020 storm surge conditions. The 500 -year storm event is often the most extreme storm modeled by FEMA and can be considered representative of both current and future conditions. The assessment identified properties and roads immediately surrounding Master Lift Station 317 as highly vulnerable and at risk to rainfall -induced flooding in current conditions (2020 25 -yr, 100 -yr, and 500 -yr flood events). As detailed above, the areas around Master Lift Station 317 contain higher percentages of critical assets vulnerable to rainfall -induced flooding than other areas of the City. M. Describe the readiness of the project to proceed. The project builds upon planning funded by two prior grant awards from FDEP's Florida Resilient Coastlines Program (Agreement Numbers R1817 and R1906), and is a step toward implementing the CCVA's recommended strategies to adapt critical infrastructure. The City has allocated the matching funds in the Utilities Capital Improvement Plan (CIP) budget and is committed to implementing the project. Utilities Field Operations staff is responsible for operating and maintaining Master Lift Station 317 in accordance with FDEP and County Health Department regulatory requirements. The preliminary design and development of the Guaranteed Maximum Price (GMP) for construction is anticipated to begin by the end of 2021. The construction phase will align with the timing of the grant to begin in the Fall of 2022. Construction will be completed within the 3 -year grant timeframe. The City of Boynton Beach is requesting reimbursement of the costs for the construction phase only. Matching funds will be provided by the City for both the design phase and the construction phase. Page 216 of 897 N. How is the project cost effective? The Progressive Design Build model is a transparent, open book procurement method where City staff and the Progressive Design Build firm work hand-in-hand as a team to complete the project in an efficient and effective manner. During the development of the Guaranteed Maximum Price (GMP) for construction, City staff will work closely with the Progressive Design Build team to evaluate equipment and material options and perform value engineering in order to implement the most cost-effective and technically sound project at the best price and schedule. O. Describe the availability of local, state, and federal matching funds, the status of such awards, and any federal authorization as applicable. The local matching funds from the City of Boynton Beach in the amount of $1,500,000 are currently available in the Utilities Department Capital Improvement Plan (CIP) budget and have been approved by the City Commission as part of the annual budget. P. Describe any innovative technologies that may be used to complete the project. The City and the Progressive Design Build team will evaluate the innovative technologies that are available for all aspects of the project, including pumps, motors, standby diesel -powered pumps, rag removal and handling, overall building and wet well improvements and hardening, site improvements, flood protection, air quality and odor control, electrical systems, and instrumentation and control. Design Plans Download File (https://vo-genera1.s3.amazonaws.com/dO17b9lf-429c-4ld2-94c6-f764db3489dc/5ce3f48a-053e-4266-961d- ae9d 1a232648?AWSAccessKeyId=AKIAJ4PRWO26HAX3IOCA&Expires=1721565451&response-content- disposition=inline%3B%20filename%3D%22As-Built%20Drawings%2OLift%2OStation%20317%2OMajor%2OUpgrade.pdf%22&response- content-type=application%2Fpdf&Signature=K4gi8xs8iSXrZ38zPwu%2Bg%2B5g%2FBU%3D) Permits No File Uploaded Vulnerability Assessment Download File (https://vo-genera1.s3.amazonaws.com/dO17b9lf-429c-4ld2-94c6-f764db3489dc/2439407a-3fba-4746-88c0- 27f93b72516f?AWSAccessKeyId=AKIAJ4PRWO26HAX3IOCA&Expires=1721565451&response-content- disposition=inline%3B%20filename%3D%22CCVA%20Final%20Report%20to%20Printer.pdf%22&response-content- type=application%2Fpdf&Signature=YnJpvoxN3 kgKNaIrtOSp5LohsMs%3D) Page: Budget Information Estimated total project cost $3,000,000 Grant funding amount requested $1,500,000 Cost -Share percentage available for the project 50% Cost -share source City of Boynton Beach Utilities Department Capital Improvement Program (CIP) Page 217 of 897 COST -SHARE FUNDING SOURCES Other Funding Source Names Funding Source Name: City of Boynton Beach Utilities CIP budget Task #: 1 Task Amount: 500000 Funding Source Name: City of Boynton Beach Utilities CIP budget Task #: 2 Task Amount: 750000 Funding Source Name: City of Boynton Beach Utilities CIP budget Task #: 3 Task Amount: 250000 Cost -share document upload Download File (https://vo-genera1.s3.amazonaws.com/d017b9lf-429c-4ld2-94c6-f764db3489dc/e8dc4605-9aba-46a6-af44- cO5c lda OOa60?AWSAccessKeyId=AKIA34PRWO26HAX3IOCA&Exp ires=1721565451&respon se-content- disposition=inline%3B%20filename%3D%22CIP%202021- 22%20Adopted%20Budget%20%28Fund%20403%28404%29. pdf%22&response-content- type=application%2Fpdf&Signature=lP6tXHJ EJ DEEWBKDc7FWpsCunZ4%3D) Multi -Year Funding Breakdown Download File (https://vo-genera1.s3.amazonaws.com/d017b9lf-429c-4ld2-94c6-f764db3489dc/7606f98e-3686-4da0-8cd2- d03563ad bl4e?AWSAccessKeyId=AKIA34PRWO26HAX3IOCA&Expires=1721565451&response-content- disposition=inline%3B%20filename%3D%22FY21- 22%20RF%20Infrastructure%20Multi%20Year%20Breakdown_Master%20Lift%20Station%20317%20Major%20Upgrade.pdf%22&response- content-type=application%2Fpdf&Signature=2DrGSEGY34njxCRI08A297TQOM4%3D) Budget Narrative Description The local matching funds from the City of Boynton Beach in the amount of $1,500,000 are currently available in the Utilities Department Capital Improvement Plan (CIP) budget and have been approved by the City Commission as part of the annual budget. The City of Boynton Beach is requesting reimbursement of the costs for the construction phase only. Specifically, the DEP grant request is $750,000 for Construction (Year 1) and $750,000 for Construction (Year 2), for a total request of $1,500,000. The City will provide matching funds of $500,000 for Preliminary Design (FY21-22 prior to grant issuance), $750,000 for Construction (Year 1), and $250,000 for Construction (Year 2), for a total match of $1,500,000. Work Performed by: Sub -Contractor Only Sub -Contractor's Information. All Sub -Contractors who will be performing work on this project, to be paid out using the requested funds from DEP, must be listed in the table below. Sub -contractor 1 Company Name PCL Construction, Inc. Sub -contractor 1 Contact Person Name Jim Holtje, P.E. Sub -contractor 1 Title Area Manager Sub -contractor 1 Phone Number 813-425-1447 Page 218 of 897 Sub -contractor Email 1 JHoltje@pcl.com Sub -contractor 1 Address 1 N. Dale Mabry Highway, Suite 300 Tampa Florida 33609 US Sub -contractor 1 Amount Table Tasks Task #: 1 Amount: 500000 Task #: 2 Amount: 1500000 Task #: 3 Amount: 1000000 additionalSub2only No Page: Tasks & Deliverables PROJECT TIMELINE with TASKS & DELIVERABLES DETAILS This is where each task is listed with the title, due date for submission of all deliverables by task, and total of task funding amount requested. To avoid late submittals and financial consequences, be sure to allow enough time for submitting deliverables. Details for each task to include: • Title, • Goal, • Description, • Listing of deliverables, • Total task amount, and • Budget category (who will be performing the work, grantee and/or contractor) Page 219 of 897 Project Timeline Chart Task #s A. Task#: 1 B. Task Title: Preliminary Design C. Task Goal: (This task will be conducted prior to grant issuance.) Evaluate design options and develop preliminary design D. Task Decription: Survey, engineering design, and development of construction costs E. Task Deliverable(s) 1:{90dac82e-2909-4917-9ab9-ca6dbf1794fc} Kick -Off Meetings {90dac82e-2909-4917-9ab9-ca6dbf1794fc} General Workshops/Meetings {62d790af-954d-4953-a300-55b056db9101} Other Preliminary Design Drawings, Guaranteed Maximum Price (GMP) for construction {f5af7cc6-8e9f-40ee-9f21-f7d7ef9c3107} {4d304b61-4852-4691-bacd-99624f592b44} {45ab846d-413e-4840-afc1-6911f8e93d71}{ba41230b-ab12-41b8-b2f4-da80a22bb93f} F. Task Due Date: 7/1/2022 G. Total Task Amount: 0 H. Task Budget Category: Sub -Contractor Only (CS) A. Task#: 2 B. Task Title: Construction (Year 1) C. Task Goal: Construct improvements D. Task Decription: Construction of lift station and site improvements E. Task Deliverable(s) 1:{90dac82e-2909-4917-9ab9-ca6dbf1794fc} Kick -Off Meetings {90dac82e-2909-4917-9ab9-ca6dbf1794fc} General Workshops/Meetings {62d790af-954d-4953-a300-55b056db9101} Other Progress as -built drawings, construction inspection reports {f5af7cc6-8e9f-40ee-9f21-f7d7ef9c3107} {4d304b61-4852-4691-bacd-99624f592b44} {45ab846d-413e-4840-afc1-6911f8e93d71}{ba41230b-ab12-41b8-b2f4-da80a22bb93f} F. Task Due Date: 6/30/2023 G. Total Task Amount: 750000 H. Task Budget Category: Sub -Contractor Only (CS) A. Task#: 3 B. Task Title: Construction (Year 2) C. Task Goal: Construct improvements D. Task Decription: Construction of lift station and site improvements E. Task Deliverable(s) 1:{90dac82e-2909-4917-9ab9-ca6dbf1794fc} Kick -Off Meetings {90dac82e-2909-4917-9ab9-ca6dbf1794fc} General Workshops/Meetings {62d790af-954d-4953-a300-55b056db9101} Other Complete construction, start up and commissioning of the station, close out permits, and final as -built drawings {f5af7cc6-8e9f-40ee-9f21-f7d7ef9c3107} {4d304b61-4852-4691-bacd-99624f592b44} {45ab846d-413e-4840-afc1-6911f8e93d71}{ba41230b-ab12-41b8-b2f4-da80a22bb93f} F. Task Due Date: 6/30/2024 G. Total Task Amount: 750000 H. Task Budget Category: Sub -Contractor Only (CS) Page: Certification Page Grant Applicant's Certification Statement "By signing this Statement page, the undersigned certifies that: a. This application is in all respects fair and submitted in good faith without collusion or fraud; b. If selected through this application process, the recipient will work in good faith and in partnership with the Resilient Florida Program (RF) to manage its subcontractors in a timely and accurate manner; c. If federal funds are awarded as a result of this application process, said funds will not be used to supplant or replace any state or local funds; d. Any funds awarded as a result of this application process will not be used as matching funds to apply for or recieve other state funds; e. The undersigned has full authority to bind the applicant." Please be advised that the selection of the checkboxes below are acting as a signature box on your behalf, as indicated in the field titles. Grantee's Authorized Signer's Name Lori LaVerriere Page 220 of 897 Do you Agree to the Certification Statement? I agree Page 221 of 897 d � &: JP,Jil i, i riv": � ,i 1 y;;/(i � „",�..� �;yr✓ v",rc Ivr h�n�bii� /�,a ma , rn u,, ,l»r%/rbi' art rl� ii��,:. �`01��., ,ai ,��fl'i"" i�/7 ,,, ,. 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I�'ViNl(61k �i i PI�IV� V . � a .: ,�/ ,,,, ur / , r ' o ' x7' i r✓,/„ /r,�r& �,r. p r �1Yi i�x it r, t Jl or� cx� II � , » ° I/ :; r�. f� � f, ,- % , v'.m� �'.'� ff!,✓,x" I �,. p �'�%y/-'„%�o'li/�� i "��Y„ yl 'u;,i� 'r. ll r,�"�� sL, � r '"r l , " 1 ^m '".. / r (� f✓ . -- ,.. � � t C , %ii/lr/fir % / ., e � "�'mi , �Y r✓ ,t.. rr ,!r ��,, e / f 4XI P ated By: Greg Owens w Ma Cre }luu 1 a, �b,.. �, �, Datctobr 22nd, 2021 irc ap rl�., d 6wu 'i ^, r'" , yr MASTER LIFT'S II ��8I I GRA LATITUDE: 6.5292DE: 09 �222 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Food Infrastructure Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 1 1 Page 223 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Health & Medical Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 1 2 Page 224 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Energy & Communications Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 13 Page 225 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Commercial/Industrial Property Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 14 Page 226 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Residential Property Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 15 Page 227 of 897 Resilient Florida Infrastructure Grant Application City of Boynton Beach: Master Lift Station 317 Major Upgrade Vulnerable Critical Assets Map Series Asset Category: Public Safety & Government Owned Threat: Rainfall Induced Flooding 2020 (25 -year, 100 -year, and 500 -year) Data are displayed at the Census Tract level. 11111111111111111111 Boynton Beach City Limits Location of Master Lift Station 317 Source: Climate Change Vulnerability Assessment, Coastal Resilience Partnership of Southeast Palm Beach County Acce/AdaptTm Map Series Page 16 Page 228 of 897 ABC' IINI VVINI d SPRITS 9AVABY I Roll BINI.I_)AII bre r ebb ° a 1 rb ,vco ` 3(J <, n I� I a �118111F (I) 16 /JI s I L_ sNPFRCOAT IFORPE01,1F 8A11VE1 W1 III LAn —w 1 sTAnoN o 0oi� , N,M. 5• �r 55 F I. 14 4i �:- 16'045.9ENC e5 Vr . P 6,166 �65 IFT STATION 1 rf, / A �IF t No -c , RDck z. G FX J[� A ABANDONED IN �� 3 / 11 F11,T1 IF O11INNINI 11 11 '111 1 _1111, N I EXISTING 24y F.M.' J D PLACE OF X11 IIG 21 n -' PIEFIG Ll I, IF IAII �� WITH (ROUT a. NOTE E �E EA BUILT �" 4 ONONFI _ ` _ r ., b D 86 0 S 11 L wT2Vc,o V o<,N„ BETTER 8 c � I BABELINE� 1c c3� (5E t IS[ FIIEI IR, 21 FILL OPEN IG 1IN NC,1 9111,11 g m \ PIS BON 0 � F N J S \ 0 86 9 IT 0 T 0 RA",c -. 3 5 V az s.' w�BE, x M, \�_ EN124 A ilUILT NII c "� Cy 3 24 LT -12 90 BENB �i lit iP 608 0901G REDUCER L ' = ]I' PIPF 0/ Ib' IP'TEE 6 DIP T 4 X Ix Fp D 0+90 55 LT ? V 1T, L /AI VILT 3 VE J 5°BEN LT CON\ DETAIL b'X 2" DOt�PB l 80 P 20 6' REDUCER B Il[ F (j 111 12 & l A S VAI E 6TATION 0 06 A DC IA TES Ir,C. ro F - OF 0 IF YIIII, DN /LNC ♦92 3LT o V C.12 9 L 6 DILI. OD 0( D I FLVO. TV G1,91 / �?.,, , 6 TEE �a03s N 3F b V nn TP IS �� -0 9 T 16' 6L66V l2' 9d" BEND >1P a�%k F TIE TO EXISTING � 15 GAS VNVF — — %iS7 J To Fexx W Q m CH2MHILL �x —� X - 1 x �k x X X DaDa33«, X oo 1_ x a x FIDE 1 9R ,p981—IN®�aIME X— INV 6 43Lo E PE o, 6 9 1 N ITR RQFT 91 B6 J to FOIC, vn„ i s rF bEralMC a ¢ ns oca rEo iil Corr �. y - A - Fil CI TCH 11., • ABC LINl' MNE & 'IA;�""TF, 'I I to c mid„ r ., r - sBy I � n^/ , sunoly r e.,u Csvr mir o 00 �I I r rw�Fra i 7 05 i p/ LIFT 5 LA i'm AB ASRHqT �s Fns F `=U' 31ULk CA [R & RFS LI AT N . , C 'I"P I !3(IRGEK KING CLO 7 D: A CN ISI � � a��l o � d'� �J , ✓niv _-.,� I / �lt 11r..� ..��,.,.. �. FIIII BASELINES I "•, L(�i/vs rze- ASBT UII \<` Jim use (nPJ� �,,,. Ncaq roe vvp _'�nn>ll 11�> tllIn ,.r v2KAIII _I'VVF IN - ' CH2MHILL a Ana onaena� OR INA(E RAF R6)VFM 11 l;`7 r 7 ,, V: CONSTRUCTION DRAWINGS For the Construction of SITE IMPROVEMENTS FOR PUMP STATION 317 For the CITY OF BOYNTON BEACH, FLORIDA PROJECT LOCATION INDEX OF DRAWINGS I Luxe 1I SHEET DWG. �I�. No. No. TITLE MA ALAPAN I 0-1 GENERAL NOTES SITEIPIPING LEGEND R-1 / 3 G1 SANITARY FORCE MAIN REPLACEMENT-PLANVIEW °nrl°nn $ ALM NLPJdCH `- r I,JBEACi �p SVILLAGE WF 1 RINY PROJECT LOCATION i STRFiAM ,°xrurtusDFPROJECT LOCATION °"DA`Fz'3 �FF,. IA° E PALM 4 C-2 SANITARY FORCE MAIN REPLACEMENT- PROFILE B DETAILS 'S CJ DRAINAGE IMPROVEMENTS - PLAN VIEW 6 D DRAINAGE PROFILE AND MISCELLANEOUS DETAILS l D-2 SANITARY FORCE MAIN REPLACEMENT - MISCELLANEOUS DETAILS S PI -i PAY ITEM SCHEDULE LOCATION MAP SW For Information regarding this project, contact. RICK OLSON, P.E. CH2M HILL 800 Fairway Drive, Suite 350 CF12MHILL PROJECT No. 181970.27 Deerfield Beach, Florida 33441 "°"°"'�' 954/428-4008, 581/737-8885 --0 MAY 2004 CONSTRUCTION DRAWINGS GENERAL NOTES: "T1111 TRAWNGI ANSIST T"11111111 1111INT11-111111 111 *1 —11 RESOLVETIIOSEuTnuttcoNFUciSAMo UIILIIYAWUSTMENrs,as EEMIIE snows on THEIi ISjwn'IHINIIHEARFIOFcaRiaraBUDc10',SHALiacvRIFIIIS 'llo EREBEoRLIn CONFLIM ne Euci EERSHOULoeElo111MEorO I I I. MOIDCONFLIC�MTIIIIIITIIIUTILITIES EXISTING UILITIBI IIATF 11 MAINTAINED IN SEWIE IVIIIG CONSTRUCTION UNLESS GTH APR D. IL 7. au ELEvanorvs REFER TOr '=`.NAI GEooenc vERncaL DaruM iNsvD�.11- ANO ARE EYIDE..EOIN FEET. ATTHESITE. nONEXCESSFEETw DEPTUSEH. CONTRACTOR SHAD PROVIDE ALL NECESSARY TEMPORARY.HEEnNGAND SHORING BOX OR OTHER APPROVEI -1 TO COMPLY WTI THE FLORIDA TRENCHIQIIReo TO vAEvENTeES UNDER�wGANIII1ITTLEuENT01NEXIST�iNG srauac UDE. ON IMPROVEMENTS 11 CAT11 NAGNS NOTED CE -1 AND � 2 SHALL 11 PLOT TYPE I U 8 PRECAST CORPORATION WTI Ill PRODUCT THIS 0 ON APPRI ECIAL INAME AND GRATE SHALL BE 19 PIINTRY PICTIELT 4TURIF BIG ON AUPR0 EGOAL ING'S To BE AN 8` " SOLABE, CENTERED GO THE SAIIIE SIDE .1 THE IR ITTALL INC.RP.-'. THE PB CARAP� aAFFiE CONSISTING srµlEo.i[x'LeHoi -BE A"sovETTME rorNOF�iLaiE iRwHcuua uoiSOTT01 11THI TRINGUILAI NOTCH THE TOPP'THEMIGINALLIESETAr THE DESIGN BLEVATION SPECIFIED, 'HE TOP SHALL BE SIT BETWEEN A All 11-11LONTHELOMMOFIFEIGUITINATTE INAMEANO c M oae^ eEilow inc FOUNDRY PRODUCT"" ITSU -APPROVED EQUAL THE GRATE ITTALL11 CHATNED TO THE STRUCTURE IIACGIINANCIWTH TOM STANDARD INDEX NO 11 11 ALL INLETS SHALL BE THE TYPE DESIGNATED CONSTRUCTED IN ACCORDANCE OUG 'DOT SPECIFICATION, 1991 SECTON 11'r F.G.HANTT. I..' SAGIAWN. INDEX, SE11 crroN9 BELLANosPIGOTwlrH RNG OUNIALDRUDBERGAs-KETS9OWN ON THE U—NGSILL 11 RECULIED, NREINFORGS FOR RCcDcO.CFETE PIPE THAT CONFORM.v.9TH THE RP SHALL 11 IF THE SAME STRENWHAS THE o LIBEMEry S. TABLE I9.EAST..FaE—FE.ANG wrrniHEFDOCO.TSPE-ICATIONSIF ASTM O,At99I, 11 11 SEE 1ITAP1 FOR TYPICAL FRONCH RETAIL III EATTIFILL ANN "DOING MATERIAL SPECIFICATIONS 11 1111EITIN TO THE FAIL 11 ' "I PIPE 'HALL BE MADE USING ITANDARD 'DO' CUT CONNECTION AD 1IFAAN ON THE DIGATINGS 11 IONLY EIGHT LEFT OVERNIGHHONG N TICES STORM P TWILEDCONITITSI0t IE LANE WORTH DRAINAGE DISTRICT INSPECTOR PRIOR TO 'LUGGING THE LWDD FIX Tz NOR box CULVERT.PWG. MUST BE REMOVED AT THE END OF EACH WORKING DAY S MAY NOT BE IMPROVEMENTS Is COMPLEiED11 CONSTRUCTION IAND READY ST BECOWT 'HE ON OF THE CORE/CouAR CONIEGION ANDA STUBOUT FROM'THE LMD L -2n 72" RAR Box CULVERT THE STUROUT W1 SE PwcGEo UNnL ConsiaucnoN OF III REMAINING DRAINAGE19 COMPI ETED DRAINAGE STRUCTURES SHALL 11 PROTECTED FROM COULAGINAT11 FROM SILT AND CONSTRUCTION DEBRIS PLACE ALCGGTD ON OR FILTER FFENG 11TTSCEN FRAME AND INLET GRATTE UNTIL O"GRUNUCTION OPERADIG, AGECOMPHETED HAI 11 -11 IINFF 11 ITO THE 22. SITE SHALL BE GRADEU AS SHOWN BU.Y FLowARNott REOU`REMEN SCaS DETERMINED RSYTAASHTo in1SP SPEC FIOCATIONS�sUeGIRAOE SHALL ExTENOotz eEYgJOIHE PROPOSED EDGE OF PAVCMCNT, AND THE inial iz .HALL GE §z COMPACTED TO OF MAXIMUM OENSitt. 3 2 sPELIFICATIDNs, 1991, SECTION 200. E0.1aL SHALL BEPIACEOIN6 LAYERS All COMPACTED TO NOT LESS THAN AT%MAXIMUM OENstn' as IFTERMINED BY AASHTOTiSB-Bd SPECIFICATIONS All AS CALLED FORIN THE FDOT 21, APPFI11D LOCAL IIIE1LIlCK .PELIFlCATIONS,1991, SECTION 2ES. SIFLUBOAX SHALL BE PLAC. ocoMPacTETvro) aunt OIN(2uvERTs N %MAXIMUM DENorvs —TER111 SHALL 11 P1111 I" HE ISSDYAS DETERMINED BY Aasnio r.t Saea svECIFICAnaNDas CALLED FORIN THE Foei PIPING LEGEND AND NOTES THRUST BLOCK NOTES AND DETAILS GENERAL PIPING NOTES 1 NDUTAHUESSHON N RE TAKEN FROM EXISTING RECORDS AND ARE THRUST BLOCK NOTES i. KEEPCONCRETECLEAROFJOIWMIIOINTACCES60RIES THRUST RESTRUN ALLM-PPA AND SON MFFOR THE CONVENIENCE OF THE CONTRACTOR ONLY THE CONTRACTOR SHALL CONTACT ALL UPUTY OWNERS ANDCONFlRM LOCATIONS OF ULF-ES AT LEAST 98 HOURS BEFORE DEBUGGING CONSTRUCTION, THE3. ACCURATELY LOCATE AND UNCOVER ALL EXISTING UTILITIES DEFORE GMEIx NG` STRUCTION. ANY—. RESUITiNGFftOM THECONTRADTOR'SOPERS HDRS SHALL BE REPAIREDATIHECONTEACTOR'SEXPENSE. VMEREDGMESINGOFEASTING TIESOCCUR..RPftOViDE12—NIMUMCLEARAGE XC WATERMAINSSHALLSE CLEARANCEUNDE ALL WATERM aINSWHFAENOTP095IBLETOPROVEDEIB° 2_ CONCRETE THRUST BLOCKING SHALL BE POURED AGAINST UWATURBEO EARTH. REQUIRED VOLUMES OR BFj RINsaREaS Ai UTnNGS SHALL REAS INDICATED BELOW, OAl—TED, IF RB, ICIAIO T FiTTINST PRESSEASINNOut KLa SOIL BEARING ST RESS(E3) TOCONMEN TO THEIST PNS. RUST DLUCK VOLUMES FOR VERTICAL BENDS HAVING UPWARD RESULTANT THRUSTS ARE BASED ON TEST PRESSURE OF tw PSIG All THE`IMCGRE BE CONCRETE= FDA DUCCU YD TO CO EVOLUMES FOR DIFFERENT TEST PRESSURES, VSE THE FOLLOWENGEDUATIOI:VOLUME=NESFPR-1IAN) AMOVAWW OUTINGS SPECIFICAnOws — EWRE5TRAJ1111T oL�PRIOR�lO EONNECTpX ' 2SEKER AND WATER SERVICE SHALL BE MAINTAINED DURING ENTIRE CONSTRUCTION PERIOD OR TEMPORARY FACNTiES PROVIDED. 3, MINIMUM COVER OVER PIPING SHALL DE 3'A`, BELOW FINISHEDORADE UNLESS OTHERWISE SHOWN 4. FROV OEM rvMUM PIPE COVER. AS SPECFED. NGENERAItAY PIPE TO UNIFORM ORAD ES BETWEEN THE ELEVATONSSROA UN LESSOTHERWISEAPPROVED IN SOME CASES EXISTING CONDITtON8 P0.9N 00 UN FORMBRADES BETWEEN THE RIZONTAL BEND THRUST BLOCKSARE BASEDONTEST PRESSURE :o PSIRG AND AN N FERELE SOIL BFPAING STRESS OF 200RICALM Fr. TOcoMFUTE BEATING EA&FCR OIFFERENTTEST PRESSURESANO SOL BEaIuuO BTRE99ES, MULFIPLY TABLE VANES BYTHE FACTOR LI—XPYSN) WHERE. Y aCFUuiESiaftE6SURE PSIG SS ACTUAL—SOARING PRESSURE FST. e. THRUST BLOCKS FOR VERTICAL BENDS HAVING DOWNGRADE RESULTANT THRUSTS SHALL OE THE&AAIEAS FOR XOR ZONiu BENDS. LEAS ELEVATIONS SHOWN AND FIEtA ADJUSTMENTS TOUR FORM =DES ARE REQUIRED ASAPPRON$S 5 STMOF FTNPE,NGSSHWA- PLANSSIANDCOENERFOND TOADJACENTSTRAICHT RUNOFF EO_ JONT AND FlTONG MATERIAL ET rvR VIX.UMEI RO&PECNL BLOCKING DETAILSSNONN ON PLANSTAhE PRECEOENCE OVER ini5 SEABOARD NGARFA OFn sr BLOCK SFiALA NOT eE LESS TWW i05O FT - -- - THE SAMELSE AS SHOMEK RSTEEINDICA SHALL BE THE SAME AS SHOWN FOR ADJACENL9TFNGHi RUN OF PIPE STRAUG EHOFPIPEHANGERSANORPESUPPORTSSHOWNISCALY B APPROXIMATE CONTRACTOR SHALL DESIGN SUPPORTS AS SPECIFIED, 9 VEAR THAT REQURE A THRUST BLOCK VOLUME EXCEED xG 5 CUBIC YARUS S. REQUIRE SPECIAL KwG DETAILS, SEE PLANS FOR OR VOLUMES SHOWN TO LEFTOF SOLID LINE IN TABLE, 10.TESTPRESSURESARESHOWNINTHEPIPINGSCHEOULE ISNN EUNE (UNRESTRA NEO) EXISTING PIPELINE CUT IN NEW FITEINGaS R RESTRAINEC)� TSSHULSEWATERTiGHT. WALL PIPES SHALL BE USED WHEREVER PIPING PASSEDFROM A STRUCTURE TO BACKFILL. O. ALLFLEMELECONNECTORSANDFIANGEOCOUPLINGADAPTERSSHALLeEPftOVIDED ii ALIOWAeLE SOL DERNG STRESS 152000 LBSISQ FT. BEnwxG AR KS IN SB FT. �O(H01'UiONT ENDS) NGS (SEEDETAILSTHISSHEEN REO PEOIU NSTUL A.ESTRAN EKisix 'I -.THRUST I—N. PATH THRUST BLOCKPER NOTE IST IS SHEET. SEE WITH THRUST TIES, BLOCKS. AND ANCHORS. UNLESS OTHERVUSE NOTED THRUST PROTECTION SHALL BE ADEOUAT'E FOR MST PRESSURES SPECIFED. VMBOLA LEGENDS, AND PIPE USE IDENTIFICATIONS GROWN SEUL BE FOLLOWED IANS.WHEREVERAPPUCABLE. NOTULOF THE VARIOUS PIPING COMPONENOTS ARE NECES34RILY USED IN THE PROJECT 10 ALL SPECIFIED TO BE PRESSURE TESTED. EXCEPT FLANGED, WELDED, PIPING, SHALL BE PROVIDED WHH THRUST RESTRAINT. THRUST RESTRAINT FOR NEW PIPING SHALL BE AS SPECIFIED IN SECTION O1S00.THRUST RESTRAINTFOR EKIStINO PIPING SHALL DE SYCONCRETETHRIhSTBLOCKS ATALL GES, UNLESS OTHERNESS NOTED. SEE THRUST RESTRAINT DETAILS 90•LENO PLCgp1 PcaBs P` SURE_ 120 8.8 11.5 - - __ 3SB 21.0 235 CONNECTION TO EXISTING BURIED PIPELINES NTS IUSE LONG BODY CEMENT LINED DUCTILE IRON SOLID SLEEVE WITH MEGA LUG SERIE51 NEFOIIGWER GLANDS. AND NOTESON THIGEHEET. 1. NO HER AND LOCATION OF UNIONS SHOWNON PLANS IS ONLYAPPROXIMATE. ALL UNIONS NECESSARY IN THE OPINIIX OFTHE ENGINEERED FACILITATENIFERITIF CONVENIENT REMOVAL OF VALVES AND MECHANICAL EQUIPMENT.FL 12. WHENEAGROOVEDEND COUPUNGISSHO NN,ITSHALLBETHEROIDJOINTT'PE. UNLESS OTHERWISE SPECIFIED. ELLEREA NGED COUPONGADAPTERIS SHOWN, A STANDARD FLANGE SNUL BE JOINEDTOTHEGWPUNGADRTER, WME OF THRUST FLOCK NC aO VAR WAST—ENDS) U ¢ GATdANGAND EMB OD�EED OTTA RETE (SEE TABLE a I.5 DA MR AWBR TV 8 ET RAW YARD PIPING LEGEND DOUBLE LINE SINGLE LINE Das PROFILE N E D N. - EX snwG PIPE In' is^ as 3s° 1 EWPFE y _R it II. -I LLC - 'raI III Tr1 � IL' EXISTING PPETEM TO BE ABANDONED1111111 Itlllit'"I y- ILWACA. 19 E%'ONGPPEfIiFM TOP IFWGE. OVER FACE SBQL DE TS TO BE ftEMOVEDroEMOUHHEO i IVI, , n I I � 111 �A1 EACH, 9AREA 1' II T = � 'BOR U -S. N PIPING ESU PlHENTIS SHOWN nALL,TUN r$EAw"P°OI'v NaArRio EoulD""PM°rvRs"s°L' Ns ' 1 ILIIm TOTUAREA PLAN BEND PLUGGER CRoss FwGGEDTEE Arm CH2MHILL CIT CPEDYNTONBEACH GENERAL G-2 °o D FIELDT cIT FLaRmn-41 ED WTEIMPROVEMEHTS FOR PUMPSTAnoN Bn SITE/PIPING ASCEND 1 DID TO BE RENRAfED EXISTING 20"716"724" FMPROFILE F1i IDIAUS HORT 5ry Gn NOM M %. WSE-i-?sa`< NOM. MIN. WSE=(-)B tlt NEW 16" FM PROFILE '%Ili ll E. f" -5P C -i X -- � 1, Nc 'ASEaR SITE.. DPAINI.TN"'" EMwCASET SRIEA—HiSUDEOREAT f 111 I 11 MILSMN DPVEILM TH KNESS PERCOM1 h SSTTNREADED PE x.1 JO NT QTo g� Di Ii t } ` g t . � CLAMP UG --- E.lEl —AT RESiftAINi(TYP.i 8"C 90°ORt UP,_ 3 tA� LDID i Ep CWVINEL E(RS i GAINNEL FE t E.R.—P N.T 3a'OSNM, I 8 ° t ORE9UAL iH�SHEE( � F EXIET NG IRITE t _ C TERMNATE PPE ATELfjfa 1 CwnP� EL Ip. RELATED GOMPONFNTS TYPE 31A--- rc MANHOLE No. 1 INTERIOR ° PLAN AND STRUT DETAIL RE—r-r _ I.E.(-Nt: j CONNECTIONS AT MANHOLE No. AT MANHOLE No. 1� PED T, � nn No EE o-EruL 13 -- � 1, Egp o SSTTNREADED PE x.1 JO NT QTo g� Di Re' \ \ —TUP0FGRUUT p fT� Ha.ucnPJYo } ` g t . � CLAMP 'OC,I( .AT � MT. tA� LDID i Ep CWVINEL E(RS F EXIET NG IRITE PLAN ° NOTE. ALL STRUT AND RELATED GOMPONFNTS TYPE 31A--- rc MANHOLE No. 1 INTERIOR ° PLAN AND STRUT DETAIL RE—r-r _ SG - ' �I K t CB�.,.i, �Crt 2, CwY U vr} 2Y � v L; 40 " I U1 c �' R ,.a IF iv FIeT 11 LEGEND FI \F C, VITRIFlEO CLAY PIPE Nrl\I c{ SPIP �',-")Al f.R'4t 70 SBE REMOVED _ 2IN )I LLE IRON CT 2) R/W { I ( ( )1 E (S17 ) r-� CEWVAIC EPO%Y LINED DUCtILE IRON a I lfrf r FlSP DPL L 2 CS GRAN TY SEWER FS�TECT NETT T. if EDIT. MH l SEE 1� ! i S FORCE M. I CJ CI P ff 1 o-z I L) tz I L F( t11 AO - WATER AND A. E5/.8 P ( �t ,% y .✓1 ( t I OVERHEAD ELECTRICAL 2' 4. 1 f TP I I 1 CATCH BASIN ..- .. .� tBYC, INPA' ) I 7 /. .` I • MANHOLE A4 I L. 1 I IFI ;lA ny it_I �� IscE 1 `<;� %� NEW 1U• SE 45" KENO U WATER METER BOX fO G �$ , OVERLAY �[€, } SEE +N ATE V C ') F K ASPHALT OPEN CU O- EN CUT d + Ynaf C t �� GSA PROPERTY LIKE R i • Tai: f _✓x \ ....-. EASEMENT UNE o c z Y J� I LJ FM eLGwoFF RISER I I LL Fill 10 I O 1 11 I A 91 THRUST BLOCK, SEE SHEET G-2 u _ � .t I C r,.� LLL - NOIR � >> EACKFLOW PREVENtER qg t�CL l2fFi 0 / t � ' EP m - j 1. SEE SHEET 0-2 FOR NEA FM AND G5 PROFlLE. °a g� A L PARP .moi I SEE NOTE 51 - F 1 ^'' n IIA ({ a 2- SEE SHEET C-2 FOR EXISTING FM PROFILE $ C S EN '/ �� "� CELDIT FM /LIF- 3. EXISTING 2b/20 FM TO BE ABANDONED N PLACE UPON bA �3 A Ik (SEE NOTE i) L-DL- v OO�EPY fiNG OF NEW PIP FM. FILL PIPE W/ STALL SI FILL a� EAL ENDS ATTI CONCRETE PLUG. REMOVE PORTIONS ISTNG 24'j20" PIPE AS REQUIRED TO INSTALL NEW PIPING. Ce�� ^ ' 4 PROVIDE TEMPORARY BYPASS PUMPING TO MAINTAIN WASTENATER 1 ( E t A / �./ ✓ PH - I ANI 1 kIS PUMPING OPERATIONS. SEE SECTION 02730. gF 5. PROVIDE TEMPORARY ACCESS EM NCE TO STATION FliOM x j 6 2.2 24 6 ` l I '-^ \ JEW V E SOYNTCN BEACH BLVD REMOVE FENCE, TREES d[ `!FOETATION. "I AS REQUIRED RESTORE FENCE, TREES, VEGETATION, SIGEWALK �� `f "" "+' ✓ .------- `,�. ,. ,.� 12 "4jii�9 f3 -SHC RATE VALVE AT COMPLERON OF CONSTRUCTION TO ORIGINAL OR BETTER CONDITION. 5 FyF[ �' h CD 5ME APP NG I _; G EXIST. M.H.+3.-.,. SLEEyE ASSY- ( SEE YCTE G ' �/ - PIPE 16 qy BEND S. RESTORE EDESALN DAMAGED BY CONSTRUCTION TO ORIGINAL OR c,13 / BETTER CONDITION. T UN PJ -, ( NI POINT OF CON ECTION FOR i, IX ]. CLOSE E%ISTING 24" WALL OPENING WITH NON SHRINK HIS— _,I_ ,-1 FUMP NG Il" SEE NOTE 4, 2*- ;R UPON BA OONMENT OF PIPE. w , fF -I T D ORN D OUT IN zo e i EL / GU C R I 21' TAPPING ECC REDUCER - C[ � JAI:L 6" I L SLEEVE ANO (." CC o �. 4" (FLAT DOWN) FT FAST FM L STA. 10+26 GH2MHILL CITY OF BOYNTON BEACH YEMENIS GNW a, to H 1BFUB. PROP EOR PUMPI STA—D 511 SANITARY FORCE MANREPLACEMENT DEERFIELB BEACH, FtARIDA 339a1 eEACH, FLOww PLANV EW FILENAME: 1G.K.11— PLOT WE: 0&JUF2W§ PLOTTIMD 14AYA1 -EL C3 OTE EXlSRNG LkDO JZRCP- RISTALL CQNNECTlON TD tLET2" ACP CF t ..a.l SE DETAi1 /c\ ___ - -,%5.. �� /•',. ! 6sst t — LAiC£WORiH DRA)NAGE nISTR1CT EASE , sr*j 18' RCP y 0 10 20 hF L `SCA - IFT 2E_ 5 VS ALL C8 3 MOD. TYPE E UAOZ sEE DETAIL /�"i r 1 11 P3C ftvy PROPOSED FEAOE ELEVVATION 4,lLF < S rla'13 VITRIFIED fYA PIPE ODCR(E IRON GRAHrY SEVER tf .* JE RCMOVAE%ISi1NC ' to FENCE ANO RESET AT PROPER ZY tJNE �— A— OPEN WT ttOW nIRECTlON y 0 10 20 hF ASPHALT PAVEMENT OVERLAY `SCA - IFT 2E_ EXlSTINC GRADE ELEVATION Icy frv%'I ti". A3a. cLm_ c<„Dy :- Yfi) J,lOfE.: e"�� :.rrre °Ti rc cM. 17, __F__ s'o CH2MHILL oFRDrNDMEN R O' og. oE�EaFIE�io oeacnEFLORIDaxw1 FOR PUMP STAT10N 3iT DRAINAGE IMPpROVEMENTS Irv��N .mow s�.�Es„L�xx�nay. Ea0000mz sovNroN eEACR. FLORIDA PLAN VIEW LEGEND __",,. ASPHALT PAVEMENT OVERLAY (]0.81) EXlSTINC GRADE ELEVATION 11.1 PROPOSED FEAOE ELEVVATION ✓CP -I 5 VITRIFIED fYA PIPE ODCR(E IRON GRAHrY SEVER tf .* JE —FE MAtN WATE MAIN 04£RH£AO ELECTRICAL to CATCH SA- �— A— OPEN WT ttOW nIRECTlON NIDT 0 JAC PROPEktt DENT TO FENCE TO NO LES MAN ELEVA IGN \ _ SEE nETAIL I l FI wF a q 5£E i i FOR AROFIL ON E STLVO F NCE T48£ FE QCATED - - INSTALL 'IF' NIET- _ P N Tv FG -6 SEII2"1IL I - / ME , o 371 L h TE ->z r { # I ( s'RGFR „l11(; N. ro / .w51I awl TE)EENRLONGE •1.,Y iQ 6F REL0pATEn R" ! 21i Icy frv%'I ti". A3a. cLm_ c<„Dy :- Yfi) J,lOfE.: e"�� :.rrre °Ti rc cM. 17, __F__ s'o CH2MHILL oFRDrNDMEN R O' og. oE�EaFIE�io oeacnEFLORIDaxw1 FOR PUMP STAT10N 3iT DRAINAGE IMPpROVEMENTS Irv��N .mow s�.�Es„L�xx�nay. Ea0000mz sovNroN eEACR. FLORIDA PLAN VIEW LEGEND __",,. ASPHALT PAVEMENT OVERLAY (]0.81) EXlSTINC GRADE ELEVATION 11.1 PROPOSED FEAOE ELEVVATION ✓CP -I 5 VITRIFIED fYA PIPE ODCR(E IRON GRAHrY SEVER tf .* JE —FE MAtN WATE MAIN 04£RH£AO ELECTRICAL to CATCH SA- �— A— OPEN WT ttOW nIRECTlON Icy frv%'I ti". A3a. cLm_ c<„Dy :- Yfi) J,lOfE.: e"�� :.rrre °Ti rc cM. 17, __F__ s'o CH2MHILL oFRDrNDMEN R O' og. oE�EaFIE�io oeacnEFLORIDaxw1 FOR PUMP STAT10N 3iT DRAINAGE IMPpROVEMENTS Irv��N .mow s�.�Es„L�xx�nay. Ea0000mz sovNroN eEACR. FLORIDA PLAN VIEW i DRAINAGE PROFILE 1' 11 I'll .--AA1 STANDARD TRENCHING PROCEDURE 2 A-1 A 1� AT"A. —1 A R A A T— 11 A I wiaevntI Ceeoo ,A.. 'A --—A —1— TYPICAL TRENCH DETAIL r3 lour ore sx _A) ftVaAA PIPE PLUC In.—T STz or =%=1 A'— PLAN cmaI I III —AC11 I —A. A —Zl�— — — A— 1 —1 --l— CONCRETE COLLAR FOR JOINING —.4 PAVEMENT REPLACEMENT DETAIL MAINLINE PIPE AND STUB PIPE A -- x lA- AN.12M l A' els esSEC TYPE C CAST IRON GRATE -15rt �T° e 11A11 TI AS A. /e as Barg°.r Al. 1; =A,--, cx IX�sirenworerecwresrne "A A NOTES TYPE C INLET DETAILS 'LUcroxE POrrw ,male ,5 l e— PEI LQNGTUDINAL SEC A-- AT WEIR AND BAFFLE DETAIL — MODIFIED FDOT TYPE "E"A,GRADING DETAIL (TYP) INLET WITH WEIR rT� 11— -- Z_ WALL PENETRATION SEAL 13 [r'm ucFsre i` n/- as a. t i z4 �� / PRcw Exm✓siav wao \ '�"`• ��/\ w+ca xrt�m wtmt' ro � \`\R/_ i E%, R JOINT DETAIL 11 \j 1w -M om r rf i 1 .n Np7�S REPRESENTATIVE MANHOLE SECTION 10 HDPE LINER INSTALLATION 12 Z_ WALL PENETRATION SEAL 13 PAY ITEM SCHEDULE - SITE IMPROVEMENTS FOR PUMP STATION 317 ITEM N, DESCRIPTION ESTIMATED UNITS ACTUAL A3 EMPORARYACCESS ENTRANCE TO PUMP STATION FROM BOYNTON BEACH BOULEVARD. REMOVE AND RESTORE EXISTING FENCE, TREES. VEGETATION AND SIDEWALK TO ORICINALORBETTERCONDITION (5EEAOOENDUM%2. ITEMNO. 1) SITE DEMOLITION-REMOVEANDDISPOSE OF MA RIALCOMPRSIN BFOOT HIGH. CONCRETE SLOCK PRIVACYWALL ON THE RTNEASTCORNEROF PUMP STATION BUILDING, QUANTITY LS L& QUANTITY 2 S ON MOBILIZATIONIDE6OBIUZATION,BONOS,INSURANCE,ANDGENERAL REDUIREMENiS.0 TRACTOR SNALL BE LIMITED TOAMAXIMUM OF EOHTPERCENT{e%)OFTHE TOTAL PRIDE BID. REMOVE N REPLACE INITIS. CH— 0- FENCE TO ORIGINALCONDITON -� GRADING JACENT HOW EASEMENT 3 FEET NORTH OFPROPE ttR TO ANELEVATON 01.l15 i ipp - t28 LE _ LF Sy _ 4 5 1 REMOVE NOREPLACEGRAVELOR NDC RTOACONOITIONEOUALORBETTER THANCONDBpNSEKISTINGBEFORE TNCOMMENCEMENTOFMRK PEMOVEAN6 REPLACE OF SODDED AREAS WHH NEW SOT, INCLtFUSUR HERHOWEING, WATERING.AND MAINTENANCE TOSFECI EDTIMELMR. COATAPFLICATION, ANO I.SINCH EMOVALANO REPLACEASPNALT PAVEMENTINCLUDING SAWCUinNG E%ISTING PAVEMENT, DISPOSAL, NEW BASE COURSE COMPACTION, PRATEOft1V N L GSURFAGE REPIACEMENTCANFORMiNGTO FOOT SPECIFICATIONS. PROV OE i 51NCHASPHALT OVERLAY OVER INOIC DORY NG SURFACES t24 t!p 1a5 54p Sy Sy Ey SY I 9 Ip FURNSIH AND INSTALL IS—RCP PIPE.INCLUO HTTNGSANO PURTEHANCES NECESSARY TO DELNER ---.--CE NVEYANCE SYSTEM FURNISH AND INSTALL IEINCH —E, INGLUD NG FLIT NGS ANO APPURTENANCES NECESSARY TO DELIVER A FUNCTIONING CONVEVANCESYSTEM FURNISHANDINSTALLFOOTCA AVATIONBAS ERBRC,BACKMATE tHS)NCWD ALL EXGECOURSE. FA LLRIALB.GOMPACTION, FRAME&GRATE,AND SURFAGERESTORATIONASBOCWTED WOH EPNLET. iS4 SE 2. LF LF EA it 12 13 IT IS 15 URNSSH ANDINSTALL FOOT CATCH BASIN ITYP ) MTNM L G ALL XGA-LM,BASEC ARR C-U-MATERW.S,GOMPACTION, FRAMES GRATE, AND SURFACE RESTORATION ASSOCNTED—H THE INLETANO THE BAFFLE. SETPERMANENT ELEVATION ON WE R CREST.IS FURNISH ALL LABOR AND MA LS NECESSARY TO MAKE THE CONNECTION BETWEEN THE I8 INCH DIAMETER RCP ANOTHE NCH DWAETERRGP AT THE LWDD -CRNAL ERVICESTOINCLUDEISOLATING AND PUMPING DOWN THE 424 CANAL CULVERT. GUTTING INTO THE CANALCULVENT, MOOIFFNGEXSSTSNGAND NEVIINSTALLING CONCRETE DOLLAR BACKFILL, COMPACTION, AND SURFACE SWULON ATIOIt FURNISHAND INSTALL W4NCH M.. NESTNAINE OINTFORCE MA PPE, FITNNGS AND APPURTENANCES NECESSARY TO DELIVERA FUNCTIONING CONVEYANCE SYSTEM FURNISH AND NSTALL 29NCH CELDI RESTRAINED JOINT FORCE WIN SIDE, OTTWOS AND APPURTENANCES NECESSARY TO DELIVER A FUNCTIONING CONVEYANCE SYSTEM FURNISH ANDINSTALL?A-INCH TAPPING VALVE, 5LEEVEANDAPPURTENANCES NECESSMVTO HOT TAP"EXISTING FOFCE MAIN. FURNISH NSTALL 2q -INCH LINESTOP STYLE TAPP NG SLEEVEA MSLYaND APPURTENANCES NECESSARY TO"HOY iAP^AND SOLATEEYISTSNGFORCENAID _ 1 t 1}p Sp 1 1 EA LF LF LS LS 11 NI 19 20 21 22 23 REHA Iet TEEX Si NG SAN RYSEWERMANHOLE N0.IBY RETROF TYING MANHOLE WITH HDPE PROTECTIVE LINER SYSTEM DELIVER A RENOVATED, FUNCTONING CONVEYANCE STRLIOTUFE. FUFNiSOINSTAVL,M WINTANTO PUMP STATION WETWEL_SYSTEM TO CONVEY . BYPASS PUI IN OF F CEROUND A NEW CONSTRUCTION AR WASTEW TER OUND AREA OF nEW CON3TRUCTON AS NEGESSAR FURNISH AND INSTALL—EFLL IN EXFST NOPIPELINESTOBE BANDONEOINPLACE FURNISH INSTALL AND COMPACT CLEAN GRANULAR FILL FOR GRADE ADJUSTMENT PURPOSES, TRExCH SAFEUY SYSTEM FOR OSHA GOMPIUNGE REMOVE EASDOEBRIS FROM LS SIS INEiWELL WITH VACTOR TRUCK O$POSAL OF MATERIAL OFFSITE IN SAND -Y LANOFILL(SEE NOTATON, ADDESUM9MTEM NO III SITERESTORATION-SACKFALANORESTORESE TING E—ONS ABOVE FSWCH FORCE MAIN (NEW BID ITEM. ACAENDUM 42 BEM NO.E) 1 3D 1 i LS GY LS LS ALTERNATE BID ITEMS ITEM No. DESCRIPTION ESTIMATED QUANTITY UNITS ACTUAL QUANTITY A3 EMPORARYACCESS ENTRANCE TO PUMP STATION FROM BOYNTON BEACH BOULEVARD. REMOVE AND RESTORE EXISTING FENCE, TREES. VEGETATION AND SIDEWALK TO ORICINALORBETTERCONDITION (5EEAOOENDUM%2. ITEMNO. 1) SITE DEMOLITION-REMOVEANDDISPOSE OF MA RIALCOMPRSIN BFOOT HIGH. CONCRETE SLOCK PRIVACYWALL ON THE RTNEASTCORNEROF PUMP STATION BUILDING, 1 LS L& EA 4111 "l Ov `r Llt u �T / 5Ca1�I Ile 0 X ¢ Y�. H Fr9' 6 EL�3Nn 1 JI EMArc u - u . €ti E <wiroie s I� z e n i. § e a"eG""` tJUE ssJE a �� a r£ o ss ' ue. rlrrve RIX I m N A �E Gats wie 85 /-ol j eyq`p„y i �+f J NOTES v rm .o eonres sauvtr °nu s� �s, es/vren rrvJ 4 ¢eG ((9 1a • - - EPA 0120 49 6 020 r L _ . R r�rJv l R 6 tR NEr W€LL FLAN glLf4E LFYEG °PtJ +corn-oc,cw, ra�p�eorc P� � �WASTE —ER FACILtTF FOROL REGIONAL 5- { POL LOTION CON "NX E SIC 1 RT A 6 .—TEN SE CH FLOP OA 4A g;� y ^-maf .i' 5i ,ss�r�`�,x.0 EE 24 0 N , Ns } 6 Y. IAII o ER P PLMP PM ` uCi SUPP0.VT FYIMP - r I � 1 I I N APkoN � vE Y uPPO <PoRref� _ I r RrdG L ecL I ROG-^ l ^• . a EE b w c, �-AI ,odf s�nu� a _� q1 1 pleP o� x I _ P j it N: leY� 1'I �i If t E �6 aP S/�1 Y G NE TYP 1 IROG 1eCNIR I 4 YG/� CAO/NE - Ev o'EA'FNNSIGV - 4@6 �# - _ iT'2✓.(d A'- S _ e NSKN EL-fJ 9) 4 /•4./P ./`� : � � t �(\}�olG ) i Y`�.:; .f 92 liiy L490s G♦'E � �IA s _ia f i9 5 M z•. �se. ,oP:)-�._ �E C _.. 1;1 ,ulr AG �� _ _ _ - � � , u �' a�w I c AlL I WnffR OV fYP } -p6@ OGEE r � /J' RUSSELL AXON _ Elf Yi ! v _ A WAST—TEfl FAC L T ES FOR EGIONAL POLLU ION CONTROL n SECTION I PART A' i sigi Ory xo. ilorvs a__.__—.......__.._--._-�rLfiARY�A•--- _---_-_— __—. FL's/ BOYNTON .—E FLORIDA.. er .�Fl6i y GF.R 6856-4A 20 y.ECTfON ,� rIk xo. 17 55 f - EPA-CI204J6020 NOu�/OX ei '/ 6.G. Consent Agenda 12/7/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 12/7/2021 Requested Action by Commission: Legal Expenses - October 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description (':.,)oir'E)1['1 C hE)rof 0ctobENr 2021 1 111VOiCE)S (':.,)oir'E)1['1 ChE)rof Risk I itigatioin OctobE�Iir' 2021 I 111VOiCE)S JOIIIE)S 1:::::0StE)ir' Tbwn SqUiair'E) Illifligaflioin OcftobE�Iir' 2021 OL.JtsidE) COLAIIISE�fl (3)ENraci OctobE)r 2021 Page 242 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 38185 Attn: Lynn Swanson LABOR - General 10/11/2021 Prestige Reporting Service - Invoice 106255 586.00 Depo 586.00 TOTAL ADVANCES THRU 10/31/2021 586.00 TOTAL CURRENT WORK 1,283.50 BALANCE DUE $1,283.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 243 of 897 HOURS 10/08/2021 SHB Review EEOC response re: Monestime and follow up with Oldbury. Attend webinar re: mandatory employee vaccinations. 1.50 10/13/2021 SHB Telephone conference with Oldbury re: various discipline and employee matters. 0.30 10/20/2021 SHB Attend webinar re: best practices to implement COVID policies. 0.50 10/21/2021 SHB Review pre -d documents and send comments to Oldbury. 0.70 10/26/2021 SHB Follow up with City re: pre -d matters. 0.10 FOR CURRENT SERVICES RENDERED 3.10 697.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.10 $225.00 $697.50 10/11/2021 Prestige Reporting Service - Invoice 106255 586.00 Depo 586.00 TOTAL ADVANCES THRU 10/31/2021 586.00 TOTAL CURRENT WORK 1,283.50 BALANCE DUE $1,283.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 243 of 897 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 HOURS 10/01/2021 SHB Review and approve NOls. 0.30 PE Sort organized and prepared 28 notices for 10/12/2021 hearing, converted to PDF/A and e -filed. Sent prose notices and envelope to printer for mailing. 6.00 10/04/2021 PE Prepared remaining notices for 10/12/2021 hearing, converted to PDF/A and e -filed. Updated SHB calendar. 6.00 10/05/2021 PE Updated tracking log. Sort organized and prepared 57 notices for 10/26/2021 hearing, converted to PDF/A and e -filed. 7.30 10/06/2021 PE Sort organized and prepared 13 prose notices for 10/26/2021 hearing. Sent to printer for mailing. Converted to PDF/A and efiled. 2.00 10/08/2021 PE Corrected rejected e -filing. Sort and Organized notices for 11/9/2021 hearing 3.50 SHB Receive notice from clerk re: filing; review and approve amended filing. 0.30 10/11/2021 PE Updated tracking log. Sort organized and prepared notices for 11/9/2021 hearing. 2.20 10/14/2021 PE Sort organized and prepared 36 notices for 11/9/2021 hearing for SHB approval. Updated tracking log. Updated SHB calendar. 4.00 SHB Review and approve NOls. 0.30 10/15/2021 PE Converted 36 notices to PDF/A, sent prose notices to the printer for mailing and e -filed. 3.80 10/18/2021 MDC review emails on review process for adding new intersections; confer with Shana Bridgeman on amendment to agreement 0.30 PE Updated tracking log. Sort organized and prepared 30 notices for 11/9/2021 hearing. Converted to PDF/A and e -filed. Sent prose notices to printer for mailing. 4.00 SHB Review contract and discuss additional camera installations with MDC. Telephone conference with Snow re: additional cameras and contract matters. Review and approve NOls. 1.30 10/19/2021 PE Sort organized and prepared 12 notices for 11/9/2021 hearing. Converted to PDF/A and e -filed. Sent prose notices to printer to be mailed. 4.20 10/20/2021 SHB Review and approve NOls. 0.20 Page: 1 11/02/2021 306-0806020 38186 Page 244 of 897 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras 10/21/2021 SHB Review status of pending NOls and upcoming trials. Update Hawkins re: completion of all NOls through December 2021. 10/25/2021 PE Updated tracking log. Sort organized and prepared notices for 11/9/2021 and 12/14/2021 hearing. Converted 5 notices to PDF/A and e -filed. 10/27/2021 SHB Receive and review pleadings and correspondence from Ryan Watley re: dismissal notice and trial notice; transmit documents to PD. Telephone conference with Longhini re: dismissal notice, re -issuance of citation, and trial. 10/29/2021 PE Sort and organized subpoenas for 12/14/2021 hearing. Updated tracking log. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.30 $225.00 SHANA H. BRIDGEMAN 3.20 225.00 PATRICIA EUGENE 48.50 125.00 Photocopies TOTAL EXPENSES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 3.00 Page: 2 11/02/2021 306-0806020 38186 0.60 2.50 52.00 6,850.00 TOTAL $67.50 720.00 6,062.50 20.65 20.65 6,870.65 $6,870.65 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 245 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO HOURS 10/01/2021 JAC Review issues concerning writet off of off duty detail arrearages; research limitation of actions; follow up with LS and staff; review final issued agenda for commission meeting; notate issues for discussion with Shana Bridgeman; review Magnoli correspondence; follow up regarding status of municipal vaccination mandates. 3.50 SHB Prepare affidavit form for employees; correspondence to employees with instructions on how to prepare affidavit. Telephone conference with Alexis re: statement; various correspondence with Alexis. 1.50 10/04/2021 JAC Attend virtual staff meeting; follow up review of agenda items; preparation regarding disposition of real property for next agenda; review pending staff issues with Lynn Swanson; review status of forfeiture process and pending cases; follow up regarding captain selection 2.30 SHB Review agenda and attend leadership team meeting. 0.50 10/05/2021 HN Edits to sign ordinance. Email to Mike Rumpf, Adam Temple and JAC with most recent version. Review of email from JAC and email from Daniel Hardin as to the sign code amendments. Discussion with Lynn Swanson. Email to JAC re: further discussions with Mike Rumpf. Review of draft sign ordinance under prohibited signs, section involving off -premises signs. 0.50 SHB Discuss agenda with JAC. Office hours at City Hall. Review and sign various deeds and agreements. Attend City Commission Meeting. 7.00 JAC Prepare for, attend, and follow up action on city commission meeting; review status of mobility litigation with county and correspondence from county; review same code ordinance and correspondence with Daniel Hardin concerning former cracker barrel signage;Review agenda with Shana Bridgeman; follow up regarding quantum estoppel letter; follow up regarding captains election issues and location/service of election ballots;Review request for meeting/Zeller concerning Beck's fax towing and expiration of franchise agreements 5.50 10/06/2021 SMS Correspondences related to Lutheran Services. 0.20 JAC Commission meeting follow up discussions with assistant CityAttorney's and Lynn Swanson; follow up with CityManager concerning commission meeting issues; coordinate with LS regarding availability for staff meetings; follow up regarding ocean ridge water distribution system ownership; respond to unsolicited offer to acquire 504 NW. 12th Ave.; follow up reminder to Commissioners regarding resign to run law 5.00 Page: 1 11/02/2021 306-9001821 38187 10/07/2021 HN Review of email from Daniel Hardin in preparation for phone call today with JAC and Mike Rumpf. 0.10 Page 246 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 General Matters JAC Conference and review regarding sign code and murals and monuments; follow up research; review public records request from Mignoli; research option for injunctive relief or protective order; Update research regarding ARPA use of funds; follow up regarding SOE designation of canvassing board and SOA request for agreement for election services; review status of redistricting and agreement with FAU; review emails from Mignoli; review community room insurance issues; review Ocean Ridge special events permit process; review email newsletter public records request database issue; review and approve employment letter revisions SHB Receive and review inquiry from Yury re: website disclaimers; send revised language to Yury. 10/08/2021 JAC Research and follow up regarding end of tow contract/franchise fee; Discussion with Matt Zeller; review pending assignments to assistant CityAttorneys; Review temporary employment letter; review status of Tort cases and foreclosure cases 10/11/2021 GB Telephone conference call with City regarding hold harmless for bounce house vendor. Legal research regarding molestation hold harmless and indemnification. JAC Review pending issues regarding next commission agenda, closed -door, and pending staff issues; review lol correspondence regarding vaccinations and follow up research regarding same; review pending legal ads and updates to employment agreements 10/12/2021 JAC Review Riverwalk documents; modify same; correspond with staff; follow up �� 5.40 0.30 3.70 a .9 3.00 5.20 1.50 1.00 0.40 1.00 1.40 4.80 Page 247 of 897 regarding Florida power and light bridge access issue; call with staffing manager; Conference call with Jonathan and Paul and follow up regarding gardens litigation and mobility plan status report/adoption of plan; follow up call to Garden's attorney, left a message -online research regarding status of litigation with County; follow up discussion, review, and research regarding expiration of time contract and options to replace franchise fee with administrative fees; Review and reply to THOMAS RAMICCIO request for meeting concerning administrative modification to charter provisions for filling vacancy SHB Review and approve Agenda items. GB Drafted hold harmless and indemnification for bounce house vendor. Telephone conference call with City regarding document; edits to document per conversation with City. 10/13/2021 HN Review of email from Mike Rumpf and called and left message in response to email. Email exchange with Mike Rumpf. Phone call with JAC and Mike Rumpf re: sign ordinance. QEM Review and evaluation of Boynton Beach City Library iMail renewal 1yr; edit document; respond to Ms. Swanson re: same. QEM Review and evaluation of Boynton Beach Lib: LaptopsAnytime Quote #2959 Annual Software/Hardware Laptop Kiosks documents; respond to Ms. Swanson re: same. JAC Review incoming agenda items, research regarding same, and approvals; follow up regarding supervisor of election draft agreement for services;Follow up regarding towing contracts; Research regarding closed -door sessions and disclosure of confidential information; discuss closed door issues with CityManager �� 5.40 0.30 3.70 a .9 3.00 5.20 1.50 1.00 0.40 1.00 1.40 4.80 Page 247 of 897 Page: 3 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 General Matters HOURS SHB Review and approve various agenda items. Discuss, review, revise agenda item with GB. Discuss meeting and agenda matters with JAC and GB. Follow up re: additional employee statements. Discuss Oyer Park boat ramp matters with DS. 4.70 10/14/2021 DS Reviewed City's Purchasing Policy Manual, code and palm beach county code. Reviewed Government in Sunshine Manual. Researched competitive procurement best practices in the Florida Administrative Code. 1.40 SHB Review and approve agenda item. 0.10 10/15/2021 QEM Review and revised Facility Use Agreement for Urban Youth Impact; respond to Ms. Swanson transmitting document. 0.80 DS Reviewed Oyer Park Boat Ramp RFP. Reviewed s. 286.011 florida statutes. Drafted response re: removal of committee members. Reviewed EBSCO PO and Addendum. Drafted email to Pagan re: EBSCO PO and Addendum. 0.70 JAC Research for and conduct telephone conference regarding redistricting; follow up research regarding same; review and sign employment agreements; review status of CityAttorney assignments; assistant CityAttorney assignments; status of pending tort and forfeiture cases; Office administration issues concerning retention of records and public record responses 5.30 SHB Complete review of employee statements re: Mignoli; follow up with employees re: statements and discuss with JAC. Discuss Oyer Park RFP matters with DS. 1.70 10/18/2021 DS Reviewed procurement code. Drafted email to the City re: replacing evaluation members. Discussed placing new committee members on review committee with Pinto. 0.40 JAC staff conference to review commission agenda; follow up issues with LS regarding amended agenda; prep for individual commissioner conferences Concerning mobility and other pending matters; Full review of mobility issues and correspondence with county; calls with Lynn Swanson regarding pending matters and coordination of meetings related to quantum park; review with assistant city attorney Gal Betesh regarding pending litigation matters; follow up Review and research regarding Palm Beach County impact fees; follow up with Julie Oldbury concerning job descriptions; Review temporary employment letter; correspondence with Commissioners regarding Clemons settlement; review options for routing of Magnoli emails to central point for a response; discuss and research first and second reading of ordinance delay re: mobility ord 5.40 SHB Attend agenda review meeting. Discuss police matters with JAC, Gregory, and Laverriere. Discuss additional agenda items with JAC and Laverriere. Discuss resident complaint matters with JAC. Receive and review Motion to Return Property; follow up with Snow. 2.40 10/19/2021 SHB Discuss employee statement matters with Cline and transmit affidavit for completion. 0.30 QEM Review of response re: Renewal Support and Maintenance for Boynton Beach City Library iMail; follow-up with Ms. Swanson re: matter. 0.80 QEM Review and discuss with Captain Burdelski Grey Key Interlocal Agreement. 0.70 SHB Office hours at City Hall. Review and sign various contracts. Attend City Commission meeting. 6.50 Page 248 of 897 Page: 4 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 General Matters HOURS JAC Conference calls and follow up with Commissioner Romelus And Vice Mayor Hay concerning mobility fees; prep for and attend city commission meeting; commission meeting follow up; miscellaneous research of Florida cities response to COVID-19 and facemask/incentives for vaccinations; Review status of staff analysis concerning ocean ridge infrastructure ownership; 7.00 10/20/2021 QEM Review of materials provided by Captain Burdelski re: Delray Beach ILA. 0.70 SHB Research re: Palm Beach County declaration of emergency. 0.30 JAC Continue review of Magnoli correspondence and public records request; review issues concerning building code advisory board in Palm Beach County action; follow up concerning Ocean Ridge infrastructure ownership issue; call with Barbara Ready concerning city commission request for board review of pride intersection; Review provisions of procurement code and review asphalt and sidewalk rehabilitation request for publishing 3.50 10/21/2021 QEM Telephone conference with Captain Burdelski re: Delray Beach ILA; review and forward citation and statutory exemption discussed with Captain Burdelski. 0.90 JAC Review ocean ridge special events request and follow up with Mike Cirullo regarding options; review additional Magnoli correspondence; review tree inventory services draft agreement; review employment agreements; review wells landing funding issue; follow up regarding pre -application meeting with Josh Nichols; follow up regarding Drs. Go case status; review correspondence regarding county building inspection issues; follow up regarding recording of Riverwalk documents; review ARPA funding issues and national league of citiesData; 4.50 SHB Various correspondence and discussion re: employee affidavits. Research re: various PRR matters. Send PRR policy comments to Gibson. Telephone conference with Temple re: resident complaint matters and employee statements. Prepare form documents and send to Temple for review. Various correspondence with Fleishman re: hearing on Motion to Return Property. 1.80 10/22/2021 QEM Review and comment on Women's Club and Girl Scout's Use Agreements. 1.80 JAC Review employment agreements; review face mask and vaccination issues related to public participation and employee mandates and state penalties; follow up with Barbara Reddy regarding monuments and public art and historic properties/designations; follow up with Shana Bridgeman regarding Mignoli; follow up with Matt Zeller regarding towing contracts 3.30 SHB Receive and review correspondence re: resident complaint/condo board matters. Review statute re: Baker Act and RPo options. Telephone conference with Gregory re: options in response to resident complaint. Discuss with JAC. Follow up with City Manager re: resident complaint. Assemble employee statements and transmit to City for signature. Receive and review additional employee statements. Follow up with City re: email records search. Coordinate meeting re: resident complaint matters. 3.10 10/25/2021 QEM Finalize facility use agreements and transmit same to Ms. Swanson. DS Reviewed Palm Beach County Code of Ethics and opinions re: misuse of office, conflict of interest. MDC review email, Ocean Ridge special event permit application and Ocean Ridge code of ordinances Re: City events at City Park in Ocean Ridge. BJS Telephone call with David Eastman and draft follow up correspondence to JAC 0.80 0.30 0.60 0.50 Page 249 of 897 Page: 5 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 General Matters 10/26/2021 10/27/2021 Page 250 of 897 HOURS SHB Receive and begin review of emails responsive to PRR. Discuss resident complaint matters with Laverriere and Temple. Follow up with Cline re: employee statement. Research re: affordable housing and advisory committee quorum matters. 4.40 GB Reviewed City's procurement policy. Reviewed all documents provided by the City relevant to claims against Advanced Roofing, Inc. for injuries sustained by City employees as a result of vendor's negligence. Drafted demand letter to Advanced Roofing, Inc. and email to City for review and approval. 1.70 SHB Review and approve NOls. Follow up re: status of pending trials and NOls. 0.20 JAC Conference call regarding Lakeside harbor dock permitting and property owner dispute; follow up document review and research regarding waterfront access issues; call with Jonathan Butler and Alan Ciklin; follow up with staff; review issues regarding special events; general review of assignments to assistant city attorneys and pending staff requests; review future agenda commission meeting issues; continue review of correspondence with Mignoli 5.10 MDC Review materials, telephone conference call with Kathryn Matos; follow up with Lynn Swanson and compose email with information to Ms. Matos at her request regarding status of our review of issues 0.60 QEM Video meeting with City of Delray Beach re: GrayKey project. 0.70 QEM Review and evaluation of 2021 Holiday Lighting Estimate for Review issues with staff and Ms. Swanson; preparation of supplemental terms and conditions for same. 2.00 SMS Prepare for, and attend Planning and Development Board Meeting. 4.30 JAC Correspondence with Mignoli; review issues regarding disclosure of information from closed -door sessions; calls and correspondence regarding dock permit; consolidate list of pending matters for discussion with CityManager and management team; follow up regarding ocean ridge infrastructure ownership and water service agreement; follow up regarding pride intersection; follow up regardingFPL bridge maintenance agreement 4.50 SHB Discuss affordable housing committee matters with JAC; follow up with Ramirez. Review PRR policy and follow up with Gibson. Follow up re: solicitation permit matters. Follow up with Swanson re: PRR estimate matters. Follow up with Cline re: employee statement. Review inquiry re: NDA matters. Receive and review additional correspondence from Mignoli. 1.60 GB Finalized letter to Advanced Roofing regarding claims by injured City employees. 0.40 HN Discussion with SHB re: Charles Stevens request for a NDA for network security project with utilities. Left message for Charles Stevens. Discussion with Lynn Swanson. Email exchange with Mike Rumpf re: sign ordinance. 0.40 QEM Review and follow-up with staff re: lighting agreement issues. 0.70 QEM Review and update LaptopsAnytime documents as requested by staff; preparation of email to Ms. Swanson transmitting same. 0.60 GB Emails with Advanced Roofing insurance company. Email to City regarding response to demand letter. 0.20 BJS Review correspondence and follow up re: David Eastman 0.30 JAC Review sunny south mobile home park issue; review and reassign Wells landing issue; follow up emails with attorney and staff regarding Lakeside harbor dock permit dispute; follow up regarding close out of litigation and discuss with J.O.; review issues regarding November city commission meetings; review additional correspondence with Mignoli 3.00 Page 250 of 897 Page: 6 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 General Matters SHB Review and approve various agenda items. Revise agenda item re: opioid update. Discuss disabled parking permit matters with DS. 10/28/2021 MDC review emails and materials Re: Sunny South Mobile Home Park utility �� 3.50 Page 251 of 897 charge inquiries 0.40 SMS Review and conference call related to Wells Landing funding; Review of notice to encroachment property owners, review of HOA docs, review of survey and property appraiser record. 3.50 QEM Review and edit draft Facility Use Agreement for Youth Orchestra of Palm Beach County; follow-up with Ms. Swanson re: same. 0.80 DS Reviewed and analyzed s. 316.1964, F.S. Reviewed attorney general opinions and legislative history for s. 316.1964. 1.90 GB Drafted list of all currently pending, potential and closed claims for Fiscal Year 2020/2021. Telephone conference call with Advanced Roofing insurance agent regarding demand letter. Email to Advanced Roofing Brian Cardona regarding demand letter. Email regarding update on claim against Advanced Roofing. 1.40 HN Email to Charles Stevens re: request for NDA. Discussion with Charles Stevens. Review of Chapter 282, Florida Statutes. Review of email exchange emailed from Charles Stevens. 0.60 JAC Continue correspondence with Magnoli; continue review of items for city commission agenda; follow up regarding meeting to resolve dock dispute; Review wall for utility easement encroachment correspondence and status; Correspondence with Olbury and City Manager concerning collective-bargaining. 2.30 SHB Follow up re: PRR matters. Review and approve DOU MOU. Telephone conference with Cline re: resident complaint matters; correspondence to Cline. Follow up re: affordable housing committee matters. Attend Chronic Nuisance meeting; begins research re: requested changes to ordinance. Review and sign employment letters. 2.90 10/29/2021 DS Left voicemail for Soplop re: disabled parking. Discussed disabled parking with Soplop. 0.70 HN further review of 282.318, Florida Statutes and Chapter 119, florida statutes relating to an exception for network diagrams and IP schemes.Review of Section 119.071(3)(d)1.f., F.S. and 47 USC s. 1401. Email to SHB with legal analysis re: Charles Steven's request to draft an NDA related to City's IT. 1.70 JAC Review agenda for commission meeting and miscellaneous preparation research concerning agenda issues; review state county and federal regulations concerning modification of COVID-19 employee safety issues; review and forward new notice of trial in JKM case to city commission; assistant city attorney assignment review; review Magnoli correspondence; review draft response to county concerning mobility plan;Follow up regarding registration for opioid state settlement participation; discuss settlement benefits issue with assistance CityAttorney SB; review response from Saint Marks attorney regarding status of lease dispute; follow up with Lynn Swanson regarding sale of property ordinance; 4.50 SHB Review and sign employment letter. Review recently -filed legislation. 0.40 SMS Conference call to discuss Wells Landing; Draft Grant Agreement for Wells Landing and research and review of ARPA Guidelines and requirements. 3.80 FOR CURRENT SERVICES RENDERED 173.80 20,224.50 Page 251 of 897 CITY OF BOYNTON BEACH General Matters TOTAL CURRENT WORK BALANCE DUE Page: 7 11/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38187 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 20,224.50 $20,224.50 Page 252 of 897 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 Litigation Miscellaneous HOURS 10/01/2021 JAC Review status of all Tort defense cases; forfeiture cases; and foreclosure cases and assistant City Attorney assignments in same 1.80 10/25/2021 BJS Review order and docket re: Kruspe/14-017148, adn draft follow up correspondence to Greg Cafaro re: Disposition of Evidence 1.30 10/26/2021 BJS Review correspondence from Greg Cafaro re: Evidence Chain of Custody 0.20 FOR CURRENT SERVICES RENDERED 3.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.80 $225.00 $405.00 BRIAN J. SHERMAN 1.50 225.00 337.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9904950 38188 742.50 $742.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 253 of 897 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. Secured Holdings, Inc. ACCOUNT NO STATEMENT NO 10/04/2021 JAC Follow up review in correspondence concerning mediation; review and discuss stipulation for dismissal with staff and coordinate Conference regarding same; review records on issues raised in stipulation 10/05/2021 JAC Review court scheduling order and correspond regarding mediation and alternative staff meeting to resolve cases FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905206 38189 HOURS 2.40 0.80 3.20 720.00 TOTAL $720.00 720.00 $720.00 Page 254 of 897 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. Po Ying Sem, Trustee of the Po Ying Sem Trust (Stanley, Edmund) 10/28/2021 SHB Receive and review Order Granting Dismissal of Action. Prepare and send memo to client re: status of case. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905279 38190 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 255 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's ACCOUNT NO STATEMENT NO 10/05/2021 JAC Review inquiry from Saint Marks attorney and forward/discuss with city staff FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 HOURS 0.70 0.70 TOTAL $157.50 Page: 1 11/02/2021 306-9905412 38191 ii &I FA W91 157.50 $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 256 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Sale to FH Quantum, LLC - Portion of Water Management Tract "I" 10/05/2021 RLL Create redline revisions from DJD to estoppel certificate 10/06/2021 DJD Process estoppel certificate. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. DOODY 0.20 $225.00 RACHEL L LEACH 0.30 125.00 Photocopies TOTAL EXPENSES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9905430 38192 HOURS 0.30 0.20 0.50 82.50 TOTAL $45.00 37.50 2.45 2.45 84.95 $84.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 257 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 38193 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 10/01/2021 HN Research as to whether 90 day notice to tenants is required if defaults judgments were entered against them. 0.70 10/05/2021 HN Phone discussion with customer service for realforeclose.Com with a question about information that appeared on the City's bid. Review of Chapter 2020-99 relating to Section 83.5615, Florida Statutes. Review of legislative analysis of SB 1362 which created S. 83.561, F.S. Phone discussion with JAC. Left a voice message for Adam Temple. Emailed Adam Temple cc Lynn Swanson. Review of email from Adam. 1.70 10/06/2021 HN Review of email from JAC regarding interest in buying City's final judgment. Discussion with JAC. 0.10 10/07/2021 HN Review of email from Harry Ross' office regarding suggestion of bankruptcy, phone discussion with Adam Temple and follow up email to Lori cc Adam and JAC informing of the filing for bankruptcy and the cancellation of the foreclosure sale. 0.40 JAC Evaluate Notice of bankruptcy and follow up research regarding same; discuss with Heather Needelman 0.80 10/08/2021 KLE Review suggestion of bankruptcy, review PACER, conference with Jim Cherof, et al. 1.20 10/12/2021 HN Review of filed suggestion of bankruptcy, review of email exchanges between MDC, JAC and KLE. 0.60 10/13/2021 HN Preparation and conference call with JAC and KLE to discuss bankruptcy filing by defendant Renan Laurore. 1.50 JAC Conference call with assistant city attorney's regarding foreclosure and bankruptcy relief from stay issues; follow up bankruptcy code review and research; 1.20 KLE Prepare for and attend call with Jim Cherof and Heather Needelman. 0.60 10/14/2021 HN Called Adam Temple. Phone discussion with Tanya Guim. Left voice message for Greg Cafaro. Discussion with Greg Cafaro. Email to Greg Cafaro. Email to Tanya Guim. Research on westlaw for cases involving 11 USC 362(b)(2) in chapter 13 bankruptcy context. 2.60 10/15/2021 HN Email exchange with Greg Cafaro 0.10 HN Review of 11 USC 362 and case law relating to police and regulatory powers as basis for relief from automatic stay. Email to Kerry Ezrol and Jim Page 258 of 897 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Laurore, Iva and Renan (Code/Foreclosure) TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 306-9905432 38193 4,882.50 $4,882.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 259 of 897 Cherof with legal analysis. 1.40 KLE Review research from Heather Needelman, conference with Heather re: filing Motion for Relief from Stay. 0.60 10/19/2021 HN Started drafting motion for relief from automatic stay 1.70 10/20/2021 HN Email exchange with Greg Cafaro re: incidents at subject property. Edits to motion for relief from automatic stay. 1.10 10/21/2021 HN Drafting Motion to Lift Automatic Stay and email to KLE cc JAC for review and comment. 1.20 KLE Review and revise Motion for Relief from Stay. 1.10 10/27/2021 HN Research and review of case law related to automatic stay not applying to code enforcement and zoning violations. 2.30 10/28/2021 HN Edits to motion to lift automatic stay. Email to Kerry Ezrol for review and comment. 0.80 FOR CURRENT SERVICES RENDERED 21.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.00 $225.00 $450.00 KERRY L. EZROL 3.50 225.00 787.50 HEATHER NEEDELMAN 16.20 225.00 3,645.00 TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 306-9905432 38193 4,882.50 $4,882.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 259 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 38194 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 10/13/2021 HN Phone discussion with JAC as to what is remaining for Motion for Summary Judgment. 0.10 10/18/2021 HN Drafted affidavit for Carol Trefey. 0.20 10/26/2021 HN Review of Motion for Summary Judgment and identification is legal issues raised in this matter. Meeting with expert who reviewed case for purposes of providing an affidavit of expert as to legal fees. Discussions with MDC. 1.50 MDC confer with Heather Needelman and review language for attorney's fees affidavit. 0.20 10/27/2021 HN Review of motion for summary judgment with attachments. review of finalized motion to strike demand forjury. 0.50 JAC Review motion for summary judgment 0.30 10/28/2021 HN Review of motion for summary judgment with exhibits. Discussion with Karen Ho. 1.50 SHB Discuss case matters with HN. 0.10 10/29/2021 HN Left message for Adam Temple informing of status of foreclosure case. 0.10 FOR CURRENT SERVICES RENDERED 4.50 1,012.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $225.00 $67.50 MICHAEL D. CIRULLO 0.20 225.00 45.00 HEATHER NEEDELMAN 3.90 225.00 877.50 SHANA H. BRIDGEMAN 0.10 225.00 22.50 Photocopies 43.40 TOTAL EXPENSES THRU 10/31/2021 43.40 TOTAL CURRENT WORK 1,055.90 BALANCE DUE $1,055.90 Page 260 of 897 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 10/01/2021 JAC Status review conference call with team; Follow up review of correspondence and issue concerning surveys FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.90 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905475 38195 HOURS 0.90 0.90 202.50 TOTAL $202.50 202.50 $202.50 Page 261 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Bamboo/Palmer Special Assessment L�� 10/06/2021 DS Reviewed City Code and Florida Statutes re: unpaid service charges. Discussed status of payment for bamboo/palmer properties with city manager and department. 1.60 10/07/2021 DS Reviewed case law and secondary sources re: municipal utility liens. Reviewed department of health septic tank permitting requirements. 0.90 10/08/2021 DS Researched municipal utility liens reviewed City's standard lien form and notice letters. Reviewed legislation and process related to City Code 20-7. Discussed draft ordinance re: sewer connection required as a condition of water service with JAC and MDC. Reviewed City Code. 1.80 MDC Review materials, telephone conference call with Danielle Schwabe and James Cherof on sewer connection issues, potential code changes 0.40 10/11/2021 DS Reviewed and analyzed Palm Beach County, Broward County, Ft. Lauderdale, and Boynton Beach Code of Ordinances. Drafted ordinance re: connect to sewer required. 2.90 10/12/2021 DS Reviewed and analyzed City Code. Revised draft ordinance re: bundling services. 1.10 10/13/2021 DS Discussed mandatory connection and payment with 3705 N Federal Highway. Drafted email to Department and Mack re: 3705 N Federal Highway. Discussed capital facility charges for 3705 N Fed Highway with Bryant. 1.10 10/18/2021 DS Researched other Florida municipalities mandatory sewer connection requirements. Revised draft ordinance re: sewer as a condition of water service. 0.80 10/19/2021 DS Revised draft ordinance re: sewer as a condition to water service. 1.00 10/20/2021 DS Reviewed City Code and S. 180.13, florida statutes. Revised draft ordinance re: bundling services. 0.40 10/22/2021 DS Reviewed and revised draft ordinance re: sewer sewer as a condition to water service. Drafted email to JAC re: draft ordinance. 0.60 Page: 1 11/02/2021 306-9905495 38196 10/28/2021 DS Drafted email re: status update. 0.10 FOR CURRENT SERVICES RENDERED 12.70 2,857.50 Page 262 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905495 STATEMENT NO: 38196 Bamboo/Palmer Special Assessment TIMEKEEPER MICHAEL D. CIRULLO DANIELLE SCHWABE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 12.30 225.00 TOTAL $90.00 2,767.50 2,857.50 $2,857.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 263 of 897 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. Sterling Village Condominium (Duperault, Don) HOURS 10/01/2021 SHB Receive and review request for surplus. Prepare and file Statement of Claim. Receive and review motion for surplus funds. Follow up re: hearing on motion. 0.50 10/22/2021 SHB Receive and review certificate of disbursement. Transmit to Swanson; follow up re: Notice of Claim. 0.10 10/25/2021 SHB Prepare and file Notice of Claim in response to Certificate of Disbursement. Receive and review pleading re: motion for injunction. 0.30 FOR CURRENT SERVICES RENDERED 0.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.90 $225.00 $202.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9905512 38197 202.50 $202.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 264 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 38198 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 10/01/2021 MDC review agreement regarding applications and conference with Gal Betesh and Am Cherof on litigation 0.40 GB Telephone conference call with JAC, Tom Baird and Joanne O'Connor regarding case status and strategy moving forward. Meeting with MDC regarding City's obligations under of development agreement. Telephone conference call with JAC and MDC regarding City's obligations under of development agreement. 1.20 JAC Review post mediation issues with Gal Betesh; evaluation of options; Conference call with Tom Baird, Joanne OConnor and Gal Betesh concerning options and conference with CityManager 1.80 10/04/2021 GB Received and reviewed letter from JKM representative sent to City regarding permit for Town Square South Apartments- Nexus Project. Telephone conference call with JAC regarding letter. Reviewed permit number and compared to permit for south garage. Telephone conference call with Andrew Mack regarding permits. 0.70 JAC Review correspondence from staff regarding request for building permit review; follow up telephone conference with CityManager and management team regarding same; follow up telephone conference with Gal Betesh and correspondence to Tom Baird regarding same; review contract documents; Review monthly report 2.30 10/06/2021 GB Zoom meeting with City Manager, Planning Department, JAC, Tom Baird and Joanne O'Connor regarding case status and strategy. Drafted letter regarding permit. Telephone conference calls and emails with JAC regarding letter. Emails with Tom Baird regarding letter responding to permit. Received and reviewed JKM's update from October 1, 2021. Reviewed and analyzed portions of Development Agreement referred to in JKM's update. Telephone conference call with JAC regarding City's obligation for update under the Development Agreement. 2.20 JAC Follow up conference call regarding continue demands for plan review; status of litigation; status of clothes door with city commission; follow up with Gal Betesh regarding same 1.40 10/07/2021 GB Emails with City regarding email responding to permit submittal. Emails with JAC regarding inquiry by Adam Temple. Left voicemail to Adam Temple and sent him email. 0.50 JAC Review and discuss latest demand letter from JKM regarding pre -application conference; Outline issues for closed door session; calls with Gal Betesh regarding pending issues in discovery and trial calendar 1.60 Page 265 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 38198 v. JKM BTS Capital, LLC (Declaratory Action) 10/08/2021 GB Email to Andrew Mack regarding reading his deposition transcript. Began drafting deposition summary of Andrew Mack's deposition transcript. Telephone conference call with Adam Temple regarding letter responding to permit request. Telephone conference call with JAC regarding update to conversation with Adam Temple. JAC Case status and travel preparation review with attorney Team; follow up with CityManager 10/11/2021 GB Received and reviewed order from Court on JKM's objections to deposition topics for JKM corporate representative. Telephone conference call with JAC regarding order. JAC Calls and correspondence regarding JKM response for permitting review 10/12/2021 JAC Review JKM request for plans review with outside counsel; miscellaneous document research and correspondence research related to preparation for closed or session with Commission GB Prepared for and attended commission meeting requesting closed door. 10/13/2021 JAC Conference call with outside counsel regarding pending issues and close door/trial schedule/discovery issues;Review in preparation for close to a session with Gal Betesh GB Telephone conference call with City regarding closed door. Email with JAc regarding closed door. Emails with Tom Baird and Joanne O'Connor regarding closed door. Telephone conference call with JAC regarding case status and strategy moving forward. Telephone conference call with Tom Baird and Joanne O'Connor regarding closed door, case status and strategy moving forward. 10/14/2021 GB Received and reviewed draft letter from Tom Baird to Mark Stempler regarding permit application. Emails with Joanne O'Connor regarding letter from Tom Baird to opposing counsel regarding pre application meeting. Email to JAC regarding letter from Tom Baird. Telephone conference call with JAC regarding strategy. JAC Calls and correspondence with Tom Baird, and Gal concerning JKM plans review 10/15/2021 JAC Conference call with litigation team and CityManager; follow up notice of cancellation to Commission regarding closed door session GB Telephone conference call and emails with JAC regarding pre application meeting. 10/18/2021 JAC Discuss monthly report issue with LL and GB and outline same; GB Telephone conference call with JAC regarding City's monthly update. Drafted monthly update to JKM and email to JAC for review. Reviewed Development Agreement for City's obligations to provide updates to JKM. 10/25/2021 GB Drafted responses to JKM's Second Request for Production. Email to Joanne O'Connor for review and approval. Communications with City regarding Second Request for Production. Telephone conference call with Andrew Mack regarding JKM's discovery requests. Emails with Adam Temple regarding voicemail from Rich Kasser in resposne to JKM's amended permit application. Emails to JAC, Tom Baird and Joanne O'Connor regarding emails Adam Temple. Received and reviewed documents from the City that would be responsive to JKM's Second Request for Production. Email to Joanne OConnor regarding documents. 2.80 0.90 0.40 1.80 1.20 0.50 iWi 1.50 0911 0.90 0.40 0.30 1.10 2.30 Page 266 of 897 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO v. JKM BTS Capital, LLC (Declaratory Action) 10/27/2021 GB Emails with Joanne O'Connor regarding responses to discovery. Edits to discovery responses pursuant to Joanne's comments. Reviewed emails and documents from City to ensure all responsive documents. Emails with Joanne O'Connor regarding adding emails to exhibit list. Edits to exhibit list 10/29/2021 GB Received and reviewed order resetting trial. Email to JAC regarding new trial order. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 14.40 $225.00 MICHAEL D. CIRULLO 0.40 225.00 GAL BETESH 16.10 225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 3 11/02/2021 306-9905525 38198 HOURS 1.40 0.30 30.90 6,952.50 TOTAL $3,240.00 90.00 3,622.50 6,952.50 $6,952.50 Page 267 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson PBA Captains Unit Formation 2021 HOURS 10/11/2021 JAC Follow up discussion Regarding retitling and possible filing with PERC;Miscellaneous research regarding same 1.00 10/15/2021 JAC Review PBA correspondence to city commission regarding retitling job positions; research concerning direct communication with client and possible violation of bar rules 1.00 10/18/2021 JAC Discuss PBA letter to Commission w/LL and MG 0.40 JAC Call with LL and MG Regarding PBA correspondence to Commission 0.30 10/22/2021 JAC Review correspondence and process regarding procedures for opening and counting of ballots; coordinate with Lynn Swanson 0.20 10/26/2021 JAC Calls and discussion and communications regarding re -organization, retitling position, and PBA threat of unfair labor practice 2.00 JAC Review correspondence for CityManager and PBA; review ULP; Communicate same to Commission; transcript review for response 2.50 10/28/2021 JAC Participate in PERC tally of ballots conference call and follow up correspondence to CityManager; Outline commencement of bargaining process for discussion with CityManager and Julie Oldbury 0.80 10/29/2021 SHB Review transcript re: discussion of non -managerial status. 1.50 FOR CURRENT SERVICES RENDERED 9.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 8.20 $225.00 $1,845.00 SHANA H. BRIDGEMAN 1.50 225.00 337.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9905542 38199 G, I VG.JV 2,182.50 $2,182.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 268 of 897 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) 10/28/2021 SHB Drafting and revision: Answer Brief. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 1.50 1.50 RECAPITULATION HOURS HOURLY RATE TOTAL 1.50 $225.00 $337.50 Page: 1 11/02/2021 306-9905565 38200 KiCYAW91 337.50 $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 269 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 38201 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) L�� 10/01/2021 HN Review of local rule 7.1 and discussion with GB. 0.20 HN Started drafting the City's expert witness list disclosures, review of Rule 26(a)(2)(C), review of Vanderberg v. Petco case involving an expert that did not have to submit a expert report. Review of other case law re: expert disclosures and no requirement to provide an expert report. 1.50 10/04/2021 HN Left a voice message for John Kuntzman. Phone discussion with John regarding trial date and expert witness list due October 21, 2021. Email to John with date of trial. Edits to expert disclosure. Review of case law regarding Rule 26(a)(2) and fact/expert witnesses such as building officials. Research as to how many days court has to review and decide upon a motion to dismiss- review of local rules and federal rules of civil procedure. 2.30 10/05/2021 HN Review of judge's paperless order. Review of local rule 7.1. Discussion with GB. 0.40 10/06/2021 HN Meeting with GB to discuss status of case and draft of first for production. Review of rule 34 of federal rules of civil procedure. 1.30 10/07/2021 HN Edits to first request for production. 0.30 10/12/2021 HN Phone discussion with Wing Ho and review of file. Discussion with GB. email to GB. Email to GB re: mediation summary. Started drafting mediation summary. 1.40 GB Telephone conference call with HN regarding providing Plaintiffs' with extension of time to respond to Motion to Compel. 0.20 10/13/2021 HN Review of Plaintiff's motion for an extension of time and review of compliance filing by plaintiffs. Phone discussion and follow up email with and to Karen Ho. Review of Yousheng Cheng and Miodrag Janjic's reports. Drafted reply and emailed to GB for review. Discussions with GB. 4.20 GB Meeting with HN regarding upcoming deadlines and strategy. 1.60 10/14/2021 HN Discussions with GB and edits to Reply. Edits to Reply. Review of Judge Middlebrooks paperless order on the Plaintiffs motion for an extension of time. 0.70 GB Meeting with HN regarding reply to Plaintiffs' response to expert disclosures. Edits to Reply and emails with HN regarding reply. 0.50 10/15/2021 HN Meeting with GB re: status of case. Meeting with MDC and GB. Email to JAC cc GB re: mediation on 11/1. Review of Rule 65 and email to GB. Page 270 of 897 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO: adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS Review of documents in demolition case and emails to John Kuntzman. 2.10 MDC Meet with Heather Needelman and Gal Betesh on status of case, discovery and summary judgment matters 0.60 GB Meeting with HN regarding strategy and discovery. Review and edits of request for production. 1.00 10/18/2021 GB Edits to City's First Request for Production. Email to HN regarding edits. Telephone conference call with John Kuntzman regarding expert disclosures and testimony. Meeting with HN regarding case strategy. Telephone conference call with Julie Oldbury regarding mediation. Telephone conference call with City Manager's Officer regarding mediation. Email to City regarding update to JKM. Phone call with Andrew Mack regarding update and comments. Drafted Interrogatories and Requests for Admissions. Emails and meeting with HN regarding discovery. HN Phone discussion with John Kuntzman and GB. Phone discussion with Julie Oldbury. Discussions with GB. Edits to expert disclosures. Email to John Kuntzman, email to Julie Oldbury and email to Amanda Radigan. Edits to mediation summary. Meeting with GB in drafting discovery requests - request for production, request for admission and interrogatories. 10/19/2021 HN Edits to mediation summary. Discussion with GB. Review of Request for Production, Irogs, request for admission and expert disclosures. Phone conference with Amanda Radigan and Gal Betesh. Edits to expert disclosures. GB Edits to Mediation Summary and expert disclosures. Legal research regarding rules pertaining to disclosure of expert who do not need to write a report. Telephone conference call with Amanda Radigan and HN regarding case. Edits to expert disclosures regarding Amanda Radigan. 10/20/2021 MDC confer with Heather Needelman on court order, compliance with discovery 10/22/2021 HN Review of Karen Ho's email. Discussion with GB re: email. Review of federal rules and local rules of civil procedure relating to an amended complaint. HN Phone call to Julie Oldbury. GB Emails with Plaintiff and legal research regarding federal rules of civil procedure amending complaint. 10/25/2021 GB Received permit documents from John Kuntzman for mediation summary. Edits to mediation summary and email to HN. Reviewed mediation order regarding cancellation fee and emails to HN regarding Plaintiffs' desire to 2.50 3.80 2.20 2.50 0.20 3.90 1.80 0.10 0.10 0.30 0.10 0.40 Page: 2 11/02/2021 306-9905567 38201 Page 271 of 897 and response HN Drafting Notice of withdrawal. Discussions with GB and MDC. Phone discussion with Karen Ho. Drafted Request for Admissions. Review of Rule 26(a)(2). Phone discussions with Lori re: mediation on 11/1. Left voice message for Julie Oldbury. Review of package with 3 discovery requests and expert disclosures before mailing to Plaintiffs. Review of permit plan notes and discussion with John Kuntzman. GB Telephone conference call with Plaintiff regarding deposition. Email to Plaintiff memorializing phone conversation. Meeting with HN regarding Judge's orders and strategy moving forward. Reviewed and edits to notice of withdrawal. Edits to Requests for Admissions. 10/21/2021 HN Review of email from Karen Ho. GB Email to Karen Ho regarding deposition dates. 10/22/2021 HN Review of Karen Ho's email. Discussion with GB re: email. Review of federal rules and local rules of civil procedure relating to an amended complaint. HN Phone call to Julie Oldbury. GB Emails with Plaintiff and legal research regarding federal rules of civil procedure amending complaint. 10/25/2021 GB Received permit documents from John Kuntzman for mediation summary. Edits to mediation summary and email to HN. Reviewed mediation order regarding cancellation fee and emails to HN regarding Plaintiffs' desire to 2.50 3.80 2.20 2.50 0.20 3.90 1.80 0.10 0.10 0.30 0.10 0.40 Page: 2 11/02/2021 306-9905567 38201 Page 271 of 897 Page: 3 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 38201 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) cancel mediation. 10/26/2021 HN Review and edits to mediation summary. Email to GB. Review of local rules related to mediation. Phone call discussion with mediator's office. Drafted email re: mediation for Karen and Wing Ho. Emailed to GB for review and comment cc MDC. Email exchanges with MDC and GB re: email to Karen Ho re: mediation. Email to Karen and Wing Ho cc mediator, GB. GB Conversations with HN regarding mediation. Emails with MDC regarding upcoming mediation and Plaintiffs' request to cancel mediation. Email to Karen Ho regarding mediation. 10/27/2021 HN Email exchange with Julie Oldbury. Discussion with GB. Review of email from the mediator's office. Email exchange with GB. Drafted motion to compel deposition dates. Review of local rule 7.1(a)(3), review of Federal rule of civil procedure 30. Email exchange with GB re: draft motion to compel. 10/28/2021 GB Telephone conference calls with mediator regarding mediation. Emails to mediator regarding mediation dates. Emails with Plaintiffs regarding mediation. Edits to Motion to Compel and edits to Order Granting Motion to Compel. Emails with HN regarding Motion to Compel. Telephone conference call with City regarding mediation date rescheduled. HN Drafted order on motion to compel. Email exchanges with GB. Email to MDC cc GB. Review of email from GB to Karen and Wing Ho. Email to Porsche Brailsford at mediators office. Phone call to Porsche. Edits to Motion to Compel. 10/29/2021 HN Review of court's order. Review of electronic service from our office to Karen and Wing Ho. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.80 $225.00 HEATHER NEEDELMAN 30.30 225.00 GAL BETESH 13.80 225.00 Color photocopies Photocopies TOTAL EXPENSES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 1.40 2.10 0.30 2.10 1.50 1.10 0.20 44.90 10,102.50 TOTAL $180.00 6,817.50 3,105.00 48.65 198.45 247.10 10,349.60 $10,349.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 272 of 897 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. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) L�� 10/01/2021 BJS Follow up re: Judicial Instructions/Uploaded Order 0.30 10/05/2021 JAC Review status of pending forfeiture case and issues with court 0.60 10/07/2021 CLD Drafted Notice of Filing Production Se Defendant's Motion to Dismiss. 0.30 BRIAN J. SHERMAN BJS Review correspondence from Jessie Webb re: Motion to Dismiss and follow 1,462.50 up with staff and review Notice of Flling 0.40 10/11/2021 BJS Legal Research and Draft Response to Motion to Dismiss and review transmittal correspondence to Judge Goodman 4.00 10/13/2021 JAC Follow up with Brian Sherman regarding status of forfeiture case; evaluate cost benefit issues concerning forfeitures 0.70 BJS Follow up re: Amended Response 0.30 10/14/2021 BJS Review new pleading and begin legal research 0.40 10/15/2021 BJS Review and transmit orders to City staff, follow up re: case status. 0.20 10/21/2021 BJS Telephone call with Chief Snow and Thomas D'Andera re: Strategy 0.30 10/29/2021 BJS Review and revise draft settlement agremeent, review of court docket 0.60 FOR CURRENT SERVICES RENDERED 8.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.30 $225.00 $292.50 CYNTHIA L. DUNN 0.30 125.00 37.50 BRIAN J. SHERMAN 6.50 225.00 1,462.50 Photocopies TOTAL EXPENSES THRU 10/31/2021 09/30/2021 Federal Express - Invoice 7-522-43743 Fed Ex Page: 1 11/02/2021 306-9905572 38202 1,792.50 30.80 30.80 G7 r%r% Page 273 of 897 CITY OF BOYNTON BEACH adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) TOTAL ADVANCES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 ACCOUNT NO: 306-9905572 STATEMENT NO: 38202 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 67.00 1,890.30 $1,890.30 Page 274 of 897 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. Specialized Loan Servicing (Schmidt, Arthur) ACCOUNT NO STATEMENT NO 10/22/2021 SHB Check status of recording release of lien. Prepare Amended Answer and Notice of Disclaimer and file with court. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905580 38203 HOURS 0.70 0.70 157.50 TOTAL $157.50 157.50 $157.50 Page 275 of 897 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) ACCOUNT NO STATEMENT NO 10/25/2021 SHB Prepare and file Answer to Amended Complaint; review docket for additional pleadings. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905581 38204 HOURS 0.80 0.80 180.00 TOTAL $180.00 180.00 $180.00 Page 276 of 897 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. Power Financial Credit Union (Boynton Partners, LLC) 10/14/2021 SHB Prep Answer and Request for Surplus. 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 $225.00 $225.00 Page: 1 11/02/2021 306-9905584 38205 225.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 277 of 897 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. Styles, Stephen (RPO) ACCOUNT NO STATEMENT NO HOURS 10/13/2021 SHB Receive and review initial RPO information. Prep draft affidavit and petition and send to Gorfido for completion. 1.10 10/15/2021 SHB Receive and review petition, affidavit, and additional documents for filing petition. Follow up with Gorfido re: police reports. 0.70 10/18/2021 SHB Review documents received from Gorfido and begin assembling petition package. Prepare Respondent Description Information and notice of filing. Finalize and file petition. Follow up with JA re: 24-hour hearing. Prepare stipulation and agreed order. Send stipulation and service instructions to Gorfido. 2.30 10/20/2021 SHB Telephone conference with Gorfido re: service of TRPO and hearing matters. 0.20 10/21/2021 SHB Discuss case matters and RPO service with Gorfido. Prepare and file Motion to Appear by Zoom and to reset compliance hearing. Prepare Order on Motion to Appear by Zoom and transmit to JA with courtesy copy of Motion. Draft correspondence to Styles enclosing all pleadings and stipulation. 2.00 10/22/2021 SHB Revise letter and Zoom instructions; send package to styles by Fedex. 0.60 10/25/2021 SHB Finalize and send FedEx package with orders, zoom instructions, and stipulation to Styles. 0.10 10/26/2021 SHB Follow up re: proof of delivery of petition, order, and hearing notice. 0.10 10/28/2021 SHB Various correspondence and discussion with Gorfido re: service of TRPO and trial. 0.30 10/29/2021 SHB Trial preparation. Telephone conference with Gorfido re: status of service on Respondent. 0.60 FOR CURRENT SERVICES RENDERED 8.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 8.00 $225.00 $1,800.00 Page: 1 11/02/2021 306-9905585 38206 I,VVV.VV Page 278 of 897 CITY OF BOYNTON BEACH v. Styles, Stephen (RPO) TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 ACCOUNT NO: 306-9905585 STATEMENT NO: 38206 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,800.00 $1,800.00 Page 279 of 897 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 Opioid Litigation 10/26/2021 SHB Receive and review correspondence re: settlement registration. 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 $225.00 $22.50 Page: 1 11/02/2021 306-9905587 38207 22.50 22.50 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 280 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 38157 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 HOURS 10/05/2021 GB Emails with tristar regarding case status. Reviewed file for Major Wallace mention in preparation of drafting response in opposition to Plaitniffs Motion to Compel Wallace's address. 0.20 10/07/2021 GB Legal research regarding obligation to produce documents in discovery which are exempt from public record. Drafted response in opposition to Plaintiffs' Motion to Compel Thomas Wallace's address. 2.00 10/20/2021 GB Finalized and filed Response in Opposition to Plaintiffs' Motion to Compel Address of Thomas Wallace. 0.60 10/26/2021 GB Attended and prepared for hearing on Plaintiff's Motion to Compel Thomas Wallace's address. Emails with City regarding Thomas Wallace's address. 1.60 10/27/2021 MDC confer with Gal Betesh on court order to provide confidential public records to opposing counsel, review applicable public records law 0.40 GB Received and reviewed proposed order on Plaintiff's Motion to Compel Thomas Wallace's address. Edits to proposed order and email to MDC for review. Meeting with MDC regarding proposed order and strategy moving forward. Began legal research regarding releasing information exempt under public records law. 0.90 10/28/2021 MDC confer with Gal Betesh on discovery matters, order to release confidential records 0.30 GB Legal research regarding disclosing information exempt by public record laws. Meetings with MDC regarding legal research. Edits to order granting Plaintiff's Motion to Compel. Email to JAC regarding legal research regarding disclosing information exempt by public record laws and strategy moving forward. 1.50 JAC Review order on motion to compel and caselaw related to same 0.50 FOR CURRENT SERVICES RENDERED 8.00 1,800.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $225.00 $112.50 MICHAEL D. CIRULLO 0.70 225.00 157.50 Page 281 of 897 CITY OF BOYNTON BEACH adv. Readon, Jayden, Estate of (police chase) GAL BETESH Photocopies TOTAL EXPENSES THRU 10/31/2021 10/20/2021 Federal Express - Invoice 7-544-99124 Fed Ex TOTAL ADVANCES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 ACCOUNT NO: 306-9905190 STATEMENT NO: 38157 HOURS HOURLY RATE TOTAL 6.80 225.00 1,530.00 53.20 53.20 17.52 17.52 1,870.72 $1,870.72 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 282 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905216 Boynton Beach FL 33435 STATEMENT NO: 38158 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP HOURS 10/01/2021 GB Prepared for Motion for Summary Judgment hearing. 4.00 10/04/2021 GB Began preparing for Motion for Summary Judgment hearing. Emails with opposing counsel regarding settlement. Emails with City, Tristar and BRIT regarding settlement. 1.50 JAC Review Correspondence excepting settlement offer and discuss same with Gal Betesh; follow up prep regarding settlement and excess carrier issues 1.20 10/05/2021 GB Telephone conference call with Tristar regarding claim and settlement. Emails with BRIT regarding settlement and expenses. Telephone conference call with City regarding claim. 0.60 10/06/2021 GB Emails with opposing counsel regarding release, W9, and settlement. Legal research requirement to pay settlement within 20 days of acceptance. Emails with City and Tristar regarding settlement check, W9, and general release. Emails to witnesses regarding cancellation of trial. 1.30 10/07/2021 GB Emails with witnesses regarding trial cancellation. Emails with opposing counsel regarding Motion for Summary Judgment hearing. Emails with opposing counsel regarding sealing documents. Telephone conference call with City regarding settlement. 0.60 10/12/2021 GB Received and reviewed agreed motion to redact Dr. Stock's report from docket. Emails to opposing counsel regarding changes to motion. Emails with City and Tristar regarding settlement check. 0.40 10/13/2021 GB Emails with City and Tristar regarding settlement check. Emails with opposing counsel regarding agreed order and motion sealing Dr. Stock's report. Reviewed and edits to motion and order. 1.10 10/20/2021 GB Emails with Tristar regarding settlement check. Received settlement check from tristar to Plaintiff. Drafted letter the Plaintiff's counsel enclosing settlement check. Mail and email settlement check and letter to plaintiff's counsel. 0.50 10/21/2021 GB Email and phone call to opposing counsel regarding settlement check arrived and dismissal of lawsuit. 0.30 Page 283 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 38158 adv. Ryan, Ronald (whistleblower PD) �� 10/26/2021 GB Telephone conference call with opposing counsel regarding settlement Florida - Invoice 519576 92.83 check and dismissal. Emails with opposing counsel regarding stipulation for Messenger Service dismissal. 0.50 10/27/2021 JAC Follow up regarding media interest in Ryan settlement; discuss with Compass Investigations - Invoice 2021008348 CityManager, Gal Betesh I'm prepared to update city commission 0.60 10/28/2021 GB Email to Plaintiff's counsel regarding dismissal. 0.10 10/29/2021 GB Telephone conference call with opposing counsel regarding dismissal of Depo lawsuit. Received and reviewed Plaintiffs notice of dismissal of lawsuit. 475.00 Legal research regarding filing a notice of dismissal or stipulation of Federal Express - Invoice 7-529-52988 dismissal. Edits to Plaintiff's notice of dismissal and emails with Plaintiff 10/01/2021 regarding edits. 0.90 17.26 FOR CURRENT SERVICES RENDERED 13.60 3,060.00 Federal Express - Invoice 7-529-52988 RECAPITULATION 17.26 TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.80 $225.00 $405.00 10/20/2021 GAL BETESH 11.80 225.00 2,655.00 Photocopies 471.10 TOTAL EXPENSES THRU 10/31/2021 471.10 09/28/2021 Need It Now Delivers South Florida - Invoice 519576 92.83 Messenger Service 92.83 09/30/2021 Compass Investigations - Invoice 2021008348 85.00 10/20/2021 Prestige Reporting Service - Invoice 106391 390.00 Depo 475.00 10/01/2021 Federal Express - Invoice 7-529-52988 20.79 10/01/2021 Federal Express - Invoice 7-529-52988 17.26 10/01/2021 Federal Express - Invoice 7-529-52988 17.26 10/20/2021 Federal Express - Invoice 7-544-99124 12.49 10/20/2021 Federal Express - Invoice 7-544-99124 26.55 Fed Ex 94.35 TOTAL ADVANCES THRU 10/31/2021 662.18 TOTAL CURRENT WORK 4,193.28 BALANCE DUE $4,193.28 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 284 of 897 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. Benitez, Antonio (Park Injuries) Billing Category: 18 - RLO Claim #0014700000452GB 10/19/2021 GB Reviewed discovery. Drafted subpoenas to medical providers identified in Plaintiff's answers to interrogatories. 1.00 10/21/2021 GB Drafted subpoena duces tecum and notice of non party deposition to all 11 medical providers listed in Plaintiff's answers to interrogatories. 0.90 10/26/2021 GB Emails with opposing counsel regarding waiving 15 days objection period for subpoena duces tecum. Edits to subpoenas indicating that Plaintiffs counsel's lack of objection. 0.40 10/29/2021 GB Reviewed discovery responses and medical records. Email to opposing counsel regarding compulsory medical examination of Plaintiff. Legal research regarding compulsory medical examination. Researched for orthopedic for compulsory medical examination. 3.40 FOR CURRENT SERVICES RENDERED 5.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 5.70 $225.00 $1,282.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9905347 38159 1,282.50 $1,282.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 897 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 10/05/2021 JAC Review trial order and status of pleadings 0.30 10/26/2021 GB Emails with opposing counsel regarding mediation. Emails with City regarding mediation. 0.50 10/27/2021 GB Email with opposing counsel regarding mediation. 0.10 10/29/2021 GB Emails with opposing counsel regarding mediation. Email to City regarding mediation. 0.20 FOR CURRENT SERVICES RENDERED 1.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $225.00 $67.50 GAL BETESH 0.80 225.00 180.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 11/02/2021 306-9905369 38160 247.50 $247.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 286 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 38161 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 10/05/2021 GB Reviewed depositions, Complaint and Plaintiff's argument in opposition for Motion for Summary Judgment to ascertain what, if any motions in limine need to be filed. Legal research for potential motions in limine. Began drafting motions in limine. 4.10 10/06/2021 GB Telephone conference call with attorney for Defendant Sohn, Ann Breeden regarding upcoming trial deadlines. 0.30 GB Meeting with HN regarding discovery, trial deadlines. Began drafting requests for production. 1.30 10/07/2021 GB Legal research and drafted pre trial stipulation and verdict form. 3.10 10/08/2021 GB Telephone conference call with Ann Breeden, Attorney for Mark Sohn regarding Motion in Limine, verdict form, jury instructions, and pre trial stipulations. Edits to Pre Trial Stipulations. Telephone conference call with Plaintiff's Counsel regarding Motion in Limine, verdict form, jury instructions, and pre trial stipulations. 1.30 10/11/2021 GB Telephone conference call and email with Plaintiffs counsel regarding joinder to Sohn's motion in limine. Drafted Joinder and had same filed and served. Legal research in federal rules of civil procedure regarding joinder. 1.10 10/19/2021 GB Read email City regarding new supreme court cases strengthening qualified immunity for officers sued in their individual capacity. Emails with Tristar regarding status of case. Began drafting response in opposition to Plaintiff's Motion in Limine. 0.80 10/21/2021 GB Legal research and began drafting Response in Opposition to Plaintiff's Motion in Limine. 2.10 10/22/2021 GB Finalized Response in Opposition to Plaintiffs Motion in Limine. Trial preparation by reviewing case file organizing exhibits and legal research and questions for exhibits to be admitted into evidence. 4.40 JAC Review pleading status and motion in opposition to motion in limine; discuss with GB 0.30 10/25/2021 GB Emails with counsel for Officer Sohn regarding calendar call and pending Page 287 of 897 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. McFadden, Patrick (K9 Injuries) Motion for Summary Judgment. 10/28/2021 GB Received and reviewed Order rescheduling trial from Court. Email to Tristar and City regarding order. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.30 $225.00 GAL BETESH 18.90 225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 19.20 TOTAL $67.50 4,252.50 Page: 2 11/02/2021 306-9905421 38161 4,320.00 4,320.00 $4,320.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 288 of 897 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 Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 10/04/2021 GB Received and reviewed Order denying Plaintiffs' objections to the Magistrate's Order granting the City Costs. Email to MDC and JAC regarding order. Legal research regarding appeal of judgment awarding costs. Telephone conference call with JAC regarding final judgment. Email to City regarding final judgment. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.50 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905423 38162 HOURS 1.50 1.50 337.50 TOTAL $337.50 337.50 $337.50 Page 289 of 897 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 ACCOUNT NO STATEMENT NO 10/05/2021 GB Email with City regarding lawsuit and Defendant Karl Thomas. 0.10 10/07/2021 GB Emails with tristar regarding lawsuit. Telephone conference call with City regarding claim and discovery. 0.40 10/08/2021 GB Drafted, filed and served discovery on Plaintiffs. Email to City regarding discovery. 2.10 10/12/2021 GB Received and reviewed police report from accident that is the subject of this lawsuit in preparation for responding to discovery. Emails with City regarding defense of Karl Thomas. Emails with City regarding 0.40 10/14/2021 GB Legal research, drafted and had filed Motion to Dismiss on behalf of Karl Thomas. 1.60 10/19/2021 GB Drafted responses to Plaintiffs' first set of interrogatories to City. Email with Tristar regarding documents in file. Received and reviewed documents from Tristar in preparation for call with City and in drafting responses to Plaintiffs' first set of discovery requests to City. Telephone conference call with City regarding discovery and claims. Emails with City regarding discovery. 2.60 10/20/2021 GB Telephone conference call with City witnesses regarding accident that is the subject matter of this lawsuit. Meeting with MDC regarding case strategy. 0.80 10/21/2021 GB Telephone conference call and emails with opposing counsel regarding Motion to Dismiss Karl Thomas hearing. Drafted, filed and served notice of hearing for motion to dismiss. 0.50 10/25/2021 GB Drafted letter to Judge in preparation for hearing on Motion to Dismiss Karl Thomas. 0.30 10/26/2021 GB Finalized Answer and Affirmative Defenses to Count I of Plaintiff's Complaint and Motion to Dismiss Count III of the Complaint on behalf of the City. 1.90 10/29/2021 GB Drafted responses to discovery. 0.90 Page: 1 11/02/2021 306-9905444 38163 Page 290 of 897 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: adv. Estella, Jean (MVA) HOURS FOR CURRENT SERVICES RENDERED 11.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 11.60 $225.00 $2,610.00 Photocopies TOTAL EXPENSES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 11/02/2021 306-9905444 38163 2,610.00 16.80 16.80 2,626.80 $2,626.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 291 of 897 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. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim #20805293 10/14/2021 GB Telephone conference call and emails with Tristar regarding medicare letter. Telephone conference call and emails with opposing counsel regarding medicare letter. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905459 38164 HOURS 0.80 0.80 180.00 TOTAL $180.00 180.00 $180.00 Page 292 of 897 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 10/14/2021 GB Legal research and review of discovery in preparation for drafting Motion for Summary Judgment. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD CHL tit I tJti TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 11/02/2021 306-9905462 38165 HOURS 1.60 1.60 360.00 TOTAL $360.00 360.00 $360.00 Page 293 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 38166 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 10/06/2021 GB Began preparing for Motion to Dismiss hearing. Email to opposing counsel regarding hearing. Emails with opposing counsel regarding agreed order granting City's Motion to Dismiss. Reviewed and edits to Agreed Order. Uploaded Agreed Order to Judge for signature. Drafted letter to judge enclosing agreed order. Served letter to judge on opposing counsel. Drafted, filed and served Notice of Cancellation of Motion to Dismiss. Reviewed Judge's instructions regarding canceling motion calendar hearing. Emails to Judicial Assistant regarding agreed order and cancellation of hearing. 10/07/2021 GB Email to opposing counsel regarding Plaintiffs outstanding discovery responses. 10/08/2021 GB Drafted Ex Parte Motion to Compel Discovery Responses. Drafted proposed order granting ex parte Motion to Compel. Drafted letter to judge regarding motion and order. Email to opposing counsel the letter to the judge. Filed Motion to Compel. Uploaded to Judge Order and letter. 10/14/2021 GB Received and reviewed Order Granting City's Ex Parte Motion to Compel Discovery Responses. 10/18/2021 GB Received and reviewed Plaintiff's responses to discovery requests including answers to interrogatories and request for production. Reviewed documents produced by Plaintiff. Left voicemail to Heather (eyewitness from accident). Emails with opposing counsel regarding insufficiency of discovery responses and relief sought in amended complaint. Received and reviewed Amended Complaint in preparation for filing answer. 10/19/2021 GB Telephone conference call and emails with non party witness. 10/20/2021 MDC confer with Gal Betesh on Amended Answer and withdrawal of damages claim by plaintiff's counsel GB Telephone conference call and emails with opposing counsel regarding discovery responses and documents produced in response to Plaintiff's Second Request for Production. Emails with City regarding documents needed. Meeting with MDC Regarding motion to strike and strategy. HOURS 1.90 0.10 9 :I 0.20 2.10 0.30 0.30 1.10 Page 294 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905492 STATEMENT NO: 38166 adv. Flake, Natalie (MVA) 10/21/2021 GB Telephone conference call with non party witness Heather regarding incident and her deposition. Email with opposing counsel regarding deposition of non party witness and city police officers. Emails and calls with City regarding depositions. 10/26/2021 GB Reviewed Plaintiffs Third Request for Production and email to Deputy Chief Snow requesting documents. Emails to Officer Schalk and Sgt. Llopis regarding deposition dates. Reviewed and began drafting responses to Plaintiff's Second Request for Production and email to City regarding documents for request for production. Emails with opposing counsel regarding officer depositions. 10/27/2021 GB Drafted Motion to Strike Plaintiffs request for lost wages. Drafted answer and affirmative defenses to Plaintiff's Amended Complaint. Emails with City regarding Plaintiffs Third Request for Production. Emails with opposing counsel regarding officer witnesses' depositions. Emails with officers regarding pre depo meeting. 10/28/2021 GB Finalized Motion to Strike and drafted agreed order granting motion to strike. 10/29/2021 GB Finalized agreed order on motion to strike. Emails with opposing counsel regarding agreed orders and changes thereto. Meeting with MDC regarding agreed order and proposed changed. Edits to agreed order. Drafted letter to judge enclosing agreed order and submitted order to judge for signature. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.30 $225.00 GAL BETESH 11.30 225.00 Photocopies TOTAL EXPENSES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE �� 0.70 0.90 2.20 0.30 0.70 11.60 2,610.00 TOTAL $67.50 2,542.50 22.05 22.05 2,632.05 $2,632.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 295 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 38167 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 .[oil]; 10/01/2021 GB Received and reviewed offer for settlement from Plaintiff. Telephone conference call with JAC regarding offer of settlement. Email to City and Tristar regarding offer. 0.60 JAC Review status of litigation, offer of judgment, and options for resolution of case; discuss offer attachment with Gal Betesh 0.80 10/04/2021 GB Drafted discovery. Left voicemail to Nicole Blanks regarding deposition. Emails with opposing counsel regarding mediation and Plaintiffs deposition. Began drafting depo summary of Debby Coles Dobay's deposition transcript. Emails with Tristar regarding claim and Plaintiff's offer for settlement. Emails with City regarding mediation and deposition. 3.10 10/05/2021 GB Telephone conference call with City regarding offer for judgment and case status. Telephone conference call and emails with tristar regarding regarding offer for judgment and case status and reservation of rights letter. 0.90 JAC Review status of response to settlement proposal; calls and preparation for closed door session with city commission; 0.40 10/06/2021 GB Emails with opposing counsel regarding depositions of Nicole Blacks and Lynn Doyal. 0.10 10/08/2021 GB Read article regarding case in Palm Beach Post. 0.20 10/11/2021 GB Prepared for call with Kathy Cline regarding deposition preparation. Telephone conference call with JAC regarding closed door. Prepared for closed door session. Prepared for Kathy Cline and Mathew Petty's depositions. Telephone conference call with Kathy Cline re: depo preparation. Telephone conference call with JAC and City Manager regarding closed door. 3.90 JAC Calls and emails regarding mediate interest in Clemons litigation and settlement status; 1.80 10/12/2021 JAC Prepare for attend and follow up regarding closed door session to discuss settlement options 1.60 GB Prepared for and attended Matthew Petty's deposition. Prepared for and Page 296 of 897 Page: 2 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905498 STATEMENT NO: 38167 adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) attended Kathy Cline's deposition. Prepared for and attended closed door meeting. Emails with court reporter regarding Clemons' deposition. 10/13/2021 GB Telephone conference call with JAC regarding articles on case. Drafted agenda item for next week's commission meeting. Telephone conference call with JAC regarding agenda item. Edits to agenda item pursuant to call with JAC. Telephone conference call with SHB regarding agenda item. Edits to agenda items pursuant to call with SHB. 10/14/2021 JAC Continue evaluation of settlement options and required release related to same; miscellaneous phone calls to manager and Gal Betesh GB Telephone conference call with JAC regarding clemons and settlement offer and strategy moving forward. Telephone conference call with opposing counsel regarding settlement of all claims by Clemons against the City not brought in this lawsuit. 10/15/2021 GB Emails with opposing counsel regarding settlement of all claims. Telephone conference call with JAC regarding settlement offer from Plaintiff to dismiss all threatened or potential claims. Emails with City regarding settlement offer. Legal research consequences of disclosing discussions in closed door session. 10/18/2021 GB Telephone conference call with JAC regarding settlement and reservation of rights letter from insurance company. Legal research regarding Clemons' request that certain portions of her personal file be removed from public record. Telephone conference call with JAC regarding legal research. Prepared for upcoming commission meeting and agenda item discussing settlement offer. 10/20/2021 GB Telephone conference call with JAC regarding general release. Drafted general release. Email to JAC for review. Edits to general release. Email to City regarding general release for review. Email to Tristar regarding general release for review. Telephone conference call with Tristar regarding general release. Emails with attorney Jason Mazer regarding case settled. 10/26/2021 GB Conversations with Julie Oldbury regarding General Release. Reviewed edits to General Release by Julie Oldbury. Email General Release to opposing counsel. Emails with opposing counsel regarding canceling deposition and mediation. Emails to court reporter canceling deposition of Clemons. 10/27/2021 GB Emails with opposing counsel regarding signed general release and settlement check. Email to City and Tristar copy of signed general release. JAC Review releases and discuss close out of case with GB 10/28/2021 GB Email to Tristar and City regarding settlement check. FOR CURRENT SERVICES RENDERED HOURS 5.10 2.30 WIM Am 2.70 1.40 2.30 0.50 0.20 0.80 0.10 30.10 6,772.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.30 $225.00 $1,417.50 GAL BETESH 23.80 225.00 5,355.00 Page 297 of 897 Page: 3 CITY OF BOYNTON BEACH 11/02/2021 ACCOUNT NO: 306-9905498 STATEMENT NO: 38167 adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) 09/28/2021 U. S. Legal Support, Inc. - Invoice 120671627 10/20/2021 Prestige Reporting Service - Invoice 106390 Depo TOTAL ADVANCES THRU 10/31/2021 TOTAL CURRENT WORK BALANCE DUE 871.70 482.50 1,354.20 1,354.20 8,126.70 $8,126.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 298 of 897 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 11/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905549 Boynton Beach FL 33435 STATEMENT NO: 38168 Attn: Lynn Swanson adv Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 HOURS 10/07/2021 GB Telephone conference call with City regarding claim. 0.40 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.40 $225.00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 299 of 897 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 Page: 1 11/02/2021 306-9905553 38169 adv. Miley, Cynthia and McCormick, LaToya (MVA COBB Utility Vehicle #2150 jumped curb and hit parked car of Cynthia Billing Category: 18 - RLO Claim #21844057 HOURS 10/05/2021 GB Emails with Troy Fleming regarding public records request. Email to City regarding Troy Fleming's inquiry. 0.20 10/07/2021 GB Emails with City regarding public records request. Email to Troy Fleming regarding same. 0.20 10/26/2021 GB Telephone conference call with City regarding public records request. Emails with Troy regarding documents responsive to public records request. 0.40 FOR CURRENT SERVICES RENDERED 0.80 180.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.80 $225.00 $180.00 TOTAL CURRENT WORK 180.00 BALANCE DUE $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 300 of 897 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T Tax I.D. 59-1292566 Jonesfoster.com City of Boynton Beach October Invoicec/o James Cherof, Esq. REMITTANCE100 E Ocean Ave File No. 29049.00002 Boynton Beach, FIL 33435 TJB "%-epresent City with respect to litigation over a development COP N TOTALS FOR THISSTATEMENT TE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 2.60 $910.00 THOMAS J. BAIRD 350.00 6.30 $2,205.00 • • • *11111111111111111E TOTAL CHARGES THIS INVOICE $3,128.55 PREVIOUS BALANCE $0.00 TOTAL• RETURNPLEASE PAGE WITH YOURREMITTANCE. 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 • Page 301 of 897 JONES FOSTER • • Box 3475 West Palm Beach, FL 33402-3475 505 • .• -r Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City • • Beach • James Cherof, Esq. 100 E • Ave Boynton Beach, FL 33435 TOTALS FOR THIS STATEMENT RATE HOURS AMOUNT JOANNE M. OCONNOR 350.00 2.60 $910.00 THOMAS J. BAIRD 350.00 6.30 $2,205.00 TOTAL FEE THIS INVOICE $3,115.00 TOTAL COSTS ADVANCED THIS INVOICE $13.55 TOTAL CHARGES THIS INVOICE $3,128.55 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $3,128.55 Page 302 of 897 •! ! City of Boynton Beach October 31, 202. Represent City with respect to litigation over a development Invoice No. 245465 File • 29049.00002 Page 2 DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 09/30/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.50 175.00 ATTORNEY CHEROF AND EMAIL CORRESPONDENCE FORM J. NICHOLS RE PRE -APP MEETING REQUEST; TELEPHONE CONFERENCE WITH JMO RE ONGOING DISCOVERY ISSUES AND DEPOSITIONS 10/01/21 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 0.30 105.00 HF, GAL & JMO 10/04/21 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.50 175.00 FROM CITY ATTORNEY CHF; RECEIVE AND REVIEW CORRESPONDENCE FROM ARCHITECT SEEKING REVIEW OF PERMIT DRAWINGS FOR THE TOWN SQUARE SOUTH APTS; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY'S OFFICE RE SUBMITTAL OF PLANS (3XS) 10/06/21 TJB TELEPHONE CONFERENCE WITH CITY TEAM RE 0.50 175.00 PERMIT APPLICATION AND SITE PLAN REVIEW; RECEIVE AND REVIEW PROPOSED CORRESPONDENCE FROM THE CITY TO J. DEL CIOTTO RE SUBMITTAL; EMAIL PROPOSED REVISIONS TO THE CITY'S RESPONSE TO DEL CI OTTO 10/06/21 JMO REVIEW CORRESPONDENCE RE SITE PLAN FOR 0.20 70.00 TOWN SQUARE SOUTH, EMAILS FROM CHEROF AND BAIRD 10/07/21 TJB REVIEW EMAIL CORRESPONDENCE EXCHANGED 0.20 70.00 BETWEEN CITY ATTORNEY CHEROF AND JM ATTORNEY RE SITE PLAN AMENDMENT 10/11/21 JMO EMAILS TO C. WARE AT HASKELL RE TRIAL STATUS 0.10 35.00 10/11/21 JO REVIEW ORDER ON JKM OBJECTIONS TO 0.20 70.00 CORPORATE REPRESENTATIVE NOTICE 10/11/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.30 105.00 TEAM (2); RECEIVE AND REVIEW ORDER ON DEFENDANT'S MOTION FOR PROTECTIVE ORDER 10/12/21 TJB REVIEW MULTIPLE EMAILS TO AND FROM JKM 0.50 175.00 AGENTS AND ATTORNEYS AND THE CI EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY (3XS) Page 303 of 897 RNilk I*1131:4A City of Boynton Beach October 31, 2021 Represent City with respect to litigation ver a developmentInvoice No. 245465 File Page 3 10/13/21 JMO REVIEW EMAILS WITH STEMPLER RE SUBMITTING, 0.30 105.00 APPLICATION; TEL CALL CHF, BETESH, BAIRD RE RESPONSE 10/13/21 TJB TELEPHONE CONFERENCE WITH LEGAL TEAM; 2.00 700.00 TELEPHONE CONFERENCE WITH ANDREW MACK; PREPARE TEXT FOR INCLUSION IN CORRESPONDENCE TO JOSH NICHOLS RE PRE -APP MEETING; PREPARE CORRESPONDENCE TO ATTORNEY STEMPLER; EMAIL CORRESPONDENCE TO LEGAL TEAM RE CORRESPONDENCE T ATTORNEY STEMPLER AND REVIEW COMMENTS FROM THE CITY ATTORNEY 10/14/21 JO CORRESPONDENCE FROM STEMPLER RE PRE 0.10 35.00 APPLICATION MEETING 10/14/21 TJB RECEIVE AND REVIEW CORRESPONDENCE FROM 0.20 70.00 ATTORNEY STEMPLER; EMAIL CORRESPONDENCE TO ATTORNEY STEMPLER 10/15/21 JMO ZOOM CONFERENCE BETESH, CHF, MACK, 0.60 210.00 VRIRE, BAIRD 10/15/21 TJB REVIEW PROPOSED EMAIL RESPONSE TO JOSH 0.70 245.00 NICHOL R "PRE -APP" MEETING; ZOOM CONFERENCE WITH CITY MANAGER, CITY ATTORNEYS AN, ANDREW MACK RE "PRE -APP" MEETING AND STATUS OF LITIGATION 10/21/21 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.20 70.00 FROM ANDREW MACK; REVIEW EMAIL CORRESPONDENCE FROM JOSH NICHOLAS ALONG WITH CONCEPTUAL PLANS SUBMITTED FOR THE NORTH, CENTRAL AND SOUTH PARCELS 10/25/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH GAL 0.20 70.00 BETESH RE JKM PERMIT REQUEST (S) 10/26/21 JMO EMAILS WITH G BETESH RE RESPONSE TO JKM 2ND 0.20 70.00 REQUEST TO PRODUCE 10/27/21 JMO REVIEW AND REVISE RESPONSE TO JKM SECOND 0.40 140.00 REQUEST TO PRODUCE, CONFER G BETESH RE SAME 10/27/21 JMO FURTHER COMMUNICATIONS WITH G BETESH AND 0.30 105.00 REVISIONS T, FINALIZE RESPONSE TO SECOND REQUEST TO PRODUCE 10/28/21 TJB TELEPHONE CONFERENCE WITH ADAM TEMPLE RE 0.20 70.00 PERMIT REQUEST FOR NEXUS (JKM) Page 304 of 897 Rrs-1 ILI*l :101cl 9 City of Boynton Beach 10/29/21 JMO REVIEW ORDER RESETTING CASE ON MARCH TRIAL D• NEW DEADLINES TOTAL HOURS 8.90 COSTS ADVANCED DATE AMOUNT 09/08/21 CONFERENCE CALLS 13.55 $13.55 Page 305 of 897 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach November 15, 2021 Attn: claims@bbfl.us Bill No. 61221 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 10/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 10/08/21 Receipt and review of billing records received from Certified LHR 0.50 Foot and Ankle pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/08/21 Receipt and review of e-mail from Certified Foot and Ankle re: LHR 0.20 status of billing records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/08/21 Receipt and review of billing records received from Certified LHR 0.50 Foot & Ankle Specialists pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/13/21 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. 10/13/21 Preparation of correspondence to Fluent Cannabis Dispensary LHR 0.30 re: status of medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/13/21 Preparation of correspondence to Dr. Peggy Shing re: status of LHR 0.30 medical records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/13/21 Preparation of correspondence to Spine & Orthopedic Center LHR 0.30 re: status of diagnostic films pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/13/21 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. 10/14/21 Preparation of correspondence to Dr. Lawrence Spector re: LHR 0.30 status of billing records pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. Page 306 of 897 Client: City of Boynton Beach November 15, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/15/21 Telephone conference with non-party witness Saira Kaizad re: LHR 0.20 potential meeting to discuss case. 10/18/21 Preparation of e-mail to non-party witness Saira Kaizad re: LHR 0.20 potential meeting to discuss case. 10/18/21 Receipt and review of email response from non-party witness LHR 0.20 Saira Kaizad re: anticipated meeting to discuss case. 10/18/21 Preparation of second email to non-party witness Saira Kaizad LHR 0.20 re: anticiapted meeting to discuss case. 10/18/21 Receipt and review of inmate records received from Florida LHR 0.50 Department of Corrections - West Palm Beach pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/19/21 Preparation of e-mail to Palm Beach County Clerk Official LHR 0.20 Records re: status of public records request pertaining to Plaintiff, Sanford Geraci. 10/20/21 Receipt and review of e-mail from Non -Party Witness Saira LHR 0.20 Kaizad re: meeting to discuss case. 10/20/21 Preparation of email response to Non -Party Witness Saira LHR 0.20 Kaizad re: meeting to discuss case. 10/20/21 Receipt and review of e-mail from Palm Beach County Clerk LHR 0.20 Official Records re: status of public records request pertaining to Plaintiff, Sanford Geraci. 10/20/21 Receipt and review of billing records received from Dr. LHR 0.50 Lawrence Spector pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 10/22/21 Preparation of case materials including pleadings, discovery RKD 0.50 responses, videos, and statements for use at meeting with witness neighbor Sairz Kaizad. 10/27/21 Preparation for meeting with non-party neighbor Saira Kaizad LHR 0.80 the next day. 10/28/21 Preparation of e-mail to non-party neighbor Saira Kaizad re: LHR 0.20 issues with meeting to discuss case and attempted resolution of same. 10/28/21 Preparation of email response to non-party neighbor Saira LHR 0.20 Kaizad re: acknowledging issues with meeting to discuss case and attempted resolution of same. 10/29/21 Preparation of e-mail to non-party neighbor Saira Kaizad re: LHR 0.20 anticipated meeting to discuss case. 10/29/21 Receipt and review of email response from non-party neighbor LHR 0.20 Saira Kaizad re: upcoming meeting to discuss case. 10/29/21 Preparation of second e-mail response to non-party neighbor LHR 0.20 Saira Kaizad re: upcoming meeting to discuss case. Page 307 of 897 Client: City of Boynton Beach November 15, 2021 Matter: 19132 - Geraci v. Zeller Page 3 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 7.20 185.00 1,332.00 RKD Rebecca K. Davis, Paralegal 0.50 110.00 55.00 Total Professional Services 7.70 $1,387.00 DISBURSEMENTS Date Description Amount 10/15/21 Subpoena Fees #LAS -2021012212 -Fitness International - 28.00 Legal Advocate Services, Inc. 10/29/21 Outside Printing Public records request pertaining to 151.25 Plaintiff, Sanford Geraci. - Clerk & Comptroller of Palm Beach County Total Disbursements $179.25 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: zo "1,5bb.zo 1,414.50 -1,414.50 $ 1,566.25 Page 308 of 897 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: 61221 Bill Date: November 15, 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 1,387.00 179.25 $ 1,566.25 1,414.50 -1,414.50 $ 1,566.25 WIN $1,566.25 Page 309 of 897 6.H. Consent Agenda 12/7/2021 Requested Action by Commission: Approve the purchase of semi -rugged laptops from GovDirect in the amount of $62,075.00 utilizing the Minnesota W SCA-NASPO Master Agreement Contract MNW NC -124 through the Participating Addendum State of Florida Alternate Contract # 43211500-W SCA -15 -ACS. Explanation of Request: The Police Department patrol laptops are used in the field to access law enforcement systems and databases and must be semi -rugged to withstand heat, vibration, and field use by patrol officers. This is part of the annual replacement plan of computers on a 5 -year lifecycle. How will this affect city programs or services? The laptops will allow officers to access law enforcement systems and databases remotely without having to return to the office. This capability allows officers to remain available in the field, thus maintaining a consistent level of service. Fiscal Impact: B udgeted Funding has been approved from Cl P funds and Police budget funds. Account # 303-4119-580.64-15 (Project Code PD2201) in the amount of $61,000.00 Account # 001-2112-521-64-15 in the amount of $1,075.00 Alternatives: Delay the replacement to a future fiscal year. Strategic Plan: High Performing Organization Strategic Plan Application: This agenda item helps to maintain services in the community by protecting the reliability and longevity of the City's computer systems used by officers. Failure to have adequate computer access in the field would have a detrimental impact on the Police services provided to our community. Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 310 of 897 Type D QLAOtE)S D Ag ir'EsE) rTIE) II'l t D A rTIE)ind rTIENI'l t D AddE)indUlirn D A rTIE)ind rTIENI'l t Description (':.,) o vB)iir'Es'Ct QLAOtE) Fla inasoinic IMastE)rAgir'E�IENrTIENI'lt ArTIE)indirTIENI'lt :9 4 to IMastE)r Agir'E)E)irTIE)l['It Flartic,ipathng AddE)indUlirn ArTIE)indirTIENI'lt :9 5 to IMastE)r Agir'E)E)irTIE)l['It Page 311 of 897 0111 600 Cleveland Street Suite 1106 Clearwater, FL 33755 GovDibrect Gov Direct I-.1II...1 111 S I I I FI,1N h 41 I1Y r.7AY Quote IIIID: GovD.054270 Date: Wednesday, November 17, 2021 Ex.Ipliiire & Friday, November 19, 2021 Pirelpalmed IF'olm: Craig Richards Boynton Beach Police Department - FL 100 E Boynton Beach Blvd Boynton Beach FL 33426 Sllrulliilp "'iiVo Craig Richards Boynton Beach Police Department - FL 2100 High Ridge Rd. PO# 210881 Boynton Beach FL 33426 Bre ii III III 1"o Craig Richards Boynton Beach Police Department - FL 100 E Boynton Beach Blvd Boynton Beach FL 33426 Pirelpalm'ed IBy': Shawn Armentrout 727-754-2688 sarmentrout@govdirect.com May not include shipping or applicable sales taxes. Any included shipping is for estimate purposes only. Actual shipping charges will be billed and will be based on owner's preferred delivery/installation schedule. Prices listed are good for 30 days. MFP# Description Qty Price Ext. Price FZ-55FZ-12VM FZ55 15 14MTCH 16GB 512GB 4G W1 OP PUBLIC 25 $2,298.00 $57,450.00 Public Sector Specific, Win10 Pro, Intel Core i5 -1145G7 (up to 4.4Ghz), vPro, 14.0" FHD 1000 nit Gloved Multi Touch, 16GB, 512GB OPAL SSD, Intel Wi-Fi 6, Bluetooth, 4G LTE Band 14 (EM7511), Dual Pass (Ch1:WWAN-GPS/Ch2:WWAN), Infrared Webcam, Standard Battery, TPM 2.0, Emissive Backlit Keyboard, Flat, CF-SVC512SSD3Y - 3 Year No Return of Defective Drive, CF-SVCADDPRM12B - 1 YearAbsolute Resilience Panasonic Warranty Bundle SKU Only, CF- SVCLTNF3YR - 3 Year Protection Plus Warranty, CF- SVCPDEP3Y - 3 Year Premier Deployment FZ-VDM551 W Panasonic Plug-in Module DVD -Writer - 1 x Pack - Black 25 $77.00 $1,925.00 CF- PANASONIC: 3 YEAR SMART BATTERY WARRANTY WITH 25 $108.00 $2,700.00 SVCBATSW3Y SMART SERVICE MONITORING SOFTWARE FOR WINDOWS TOUGHBOOKS PRIMARY BATTERY.ELIGIBLE MODELS INCLUDE CF-20,CF-33,CF-54,FZ-55,FZ-G1,FZ- M1.REQUIRES INSTALLATION OF SMART BATTERY MONITORING Master Panasonic Master NASPO Valuepoint Master Agreement: 1 $0.00 $0.00 Agreement: MNWNC-124 MNWNC-124 FZ-55 MK2 Subtotal Novcirmlbeir 17, 2021 Quote III[): GovD.054270 Page 313 01P kll GOVDiarect Description 600 Cleveland Street Suite 1106 Clearwater, FL 33755 Gov Direct FZ-55 MK2 $62,075.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Total All prices and descriptions are subject to change without notice. This price list is a quotation only and is not an order or offer to sell. No contract for sale will exist unless and until one of the following occur: 1.) a purchase order has been issued by you and accepted by GovDirect or 2.) an order is place on-line and accepted by GovDirect or 3.) a written proposal is accepted by you. The prices contained in this list may not be relied upon as the price at which GovDirect will accept an offer to purchase products unless expressly agreed to by GovDirect in writing. Product specifications may be changed by the manufacturer without notice. It is your responsibility to verify product conformance to specifications of any subsequent contract. All products are subject to availability from the manufacturer. Prices quoted may not include applicable taxes. Sales tax will be included on the invoice. Products are non -returnable unless approved in writing by GovDirect within 30 days of invoice date. Those approved returns may be subject to a restocking fee. Payment terms, unless otherwise stated in writing, shall not exceed 30 days from date of invoice. Questions about these and other terms and conditions should be your sales representative. Novoirmlbeir 17, 2021 Quote ED: GovD.054270�� Page 314 0 STATE OF MINNESOTA Materials Management Division 4. , 112 Administration Building les50 Sherburne Avenue DEPARTMENT OFADMINISTRATIQN t• Paul, MN 55155 Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH PANASONIC FOR COMPUTER EQUIPMENT: (Laptops and Tablets including Related Peripherals & Services) To: Panasonic System Communications CONTRACT NO: MNWNC-124 Company of North America Two Riverfront plaza, 6th floor Newark NJ. 07.102 CONTRACT PERIOD:. April 1, 2015, or upon final executed signatures, Contract Vendor Administrator: whichever is later Michelle: Chapin Email: Through March 31, 2017 Michel le.chapin a, us.pansonic.com EXTENSION OPTION: UP TO 36 MONTHS Phone: 973.303.7787 You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum (?K): A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement; 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement.to. be duly executed intending to be bound thereby. 1 PANASONIC 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s) have In accordance with Minn. Stat. § 1 .03, subd. 3. executed this:Agreentent on behalf of the Contractor as requir by applicable a icles, bylaws, resp[ s, or ordinances. By: / gy: a ow Donald W.Szczepania Title: Master Agqement Adrninistpr Printed Name- Title: Vice President Date: Date: By: Title: Date: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: --Originalsigned MAR 12 2015 By Lucas Je Jannett 1 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 315 of 897 i .. COMPUTER EQUIPMENT r.. 2014-2019 DEPARTMENT OF ADM U STRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLE OF CONTENTS............................................................................................................:.................................................2 SUMMARY............................................................................................................................................................... ............ 3 EXHIBIT A - TERMS & CONDITIONS............................................................ ............................................................ 5 EXHIBIT B - PRICING.- ................................... ...................... ......... ...................... ......... ....................................23 EXHIBIT B PRICING SCHEDULE .................... EXHIBIT C - PRODUCT AND SERVICE SCHEDULE PSS EXHIBIT D - WEBSITE................................:............................................................................................................... ..27 EXHIBIT E -ACTION REQUEST UPDATE FORM (ARF) .............................................:....................... ......... ...........28 EXHIBIT F - REPORTING ........ ......... ... .......................30 EXHIBIT G - DEFINITIONS ................. .................. ..................................31 i 2 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC i Page 316 of 897 INIn"�wso�l MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD. SUMMARY 1. BACKGROUND. The :State of Minnesota, Department of Administration,. Materials Management Division publicly: posted. a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award. After evaluation by a multistate sourcing team . the solicitation :resulted in this Minnesota WSCA-NASPO. Master Agreements with qualified manufacturers for Computer Equipment (Desktops, Laptops,. Tablets, Servers, and Storage including related Peripherals & Services). The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 2: Laptop Band 3: Tablet The original solicitation included Band 6: Ruggedized.. This band has beenremoved and ruggedized equipment will be allowed in Bands 1.5. The original solicitationand responses may be found on the.WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017, with the option to extend up to 36 months; upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at.the option of Participating .States. Participating States reserve the right to add State specific terms :and conditions and .modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement.. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may.increase or decrease the configuration limits, as defined in their Participating Addendum., The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule.. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @ $10,000 for a total purchase price of $100,000). ITEM Server Storage Desktops Laptops Tablets Peripherals Services CONFIGURATION* $500,000 $500,000 10,000 $ 10,000 $ 5,000 $ 5,000 Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 317 of 897 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and may be procured after the initial purchase of equipment. b Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Parr Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 318 of 897 4 COMPUTER EQUIPMENT MR UF 2014-2019 ... . aEPARTMENf OF ADANNISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD - EXHIBIT A - TERMS & CONDITIONS - MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action. ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The. Lead State is solely responsible for rendering decisions in matters of: interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive: All general proposal terms, specifications and WSCA-NASPO Terms & Conditions form a part of this RFP and will apply to any Master Agreements entered into as a result thereof. 2.: CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO. Master Agreement c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall :be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and. conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently: provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RI=P by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. .4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate: items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value..The Lead State reserves the right to award.this solicitation to a single.responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent:to award. to multiple responders. The Lead State reserves the right to accept all or part of an offer,: to reject all offers, to cancel the solicitation; or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award ofthis RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as specified in the introduction, of such error and request modification or clarification of the document This notification is due no later than seven calendar days prior to the proposal due date and time. 5 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 319 of 897 Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process,.must be directed to the Acquisition Management Specialist listed in the Solicitation documents: 6. COMPLETION OF RESPONSES. A response may be rejected if itis conditional or incomplete. Responses that. contain conflicting, false; or misleading statements or that provide references that contradictor do not support an. attribute or condition stated by the:responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this.RFP to. Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahle@state.mn:us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION.OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract, the Contract Vendor certifies and agrees that all information provided in the Contract and :. in: response to the solicitation will be made public in accordance with the.solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials; as defined by the: Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the.responder to be trade secret materials. 9. DISPUTE RESOLUTION. PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator priorto the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement. Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.admin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document.: 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any 6 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 320 of 897 part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 50 Sherburne Avenue 112 Administration Bldg. St. Paul, MN 55155 651-296-2600 CONTRACT No. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 321 of 897 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE, The Master Agreement shall consist of the following documents: 1. A Participating Entity's Participating Addendum ("PA"); 2. Minnesota WSCA-NASPO Master Agreement 3. The Solicitation including all addendums; and 4. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. 5. ASSIGN M ENTISU BCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY, NON -DISCLOSURE AND INJUNCTIVE RELIEF. 7.1 Confidentiality. Contract Vendor acknowledges that it and its employees or agents may, in the course of providing the Product under this Master Agreement, be exposed to or acquire information that is confidential to Participating Entity or Participating Entity's clients. Any and all information of any form that is marked as confidential CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 322 of 897 or would by its nature be deemed confidential obtained by Contract Vendor or its employees or agents in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, and (c) information concerning individuals, is confidential information of Participating Entity ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information by Contract Vendor shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than by disclosure by Contract Vendor) publicly known; (b) is furnished by Participating Entity to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in Contract Vendor's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than Participating Entity without the obligation of confidentiality, (e) is disclosed with the written consent of Participating Entity or; (f) is independently developed by employees, agents or subcontractor of Contract Vendor who can be shown to have had no access to the Confidential Information 7.2 Non -Disclosure. Contract Vendor shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement to Participating Entity hereunder, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. Contract Vendor shall use commercially reasonable efforts to assist Participating Entity in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, Contract Vendor shall advise Participating Entity immediately if Contract Vendor learns or has reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and Contract Vendor shall at its expense cooperate with Participating Entity in seeking injunctive or other equitable relief in the name of Participating Entity or Contract Vendor against any such person. Except as directed by Participating Entity, Contract Vendor will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement or at Participating Entity's request, Contract Vendor shall turn over to Participating Entity all documents, papers, and other matter in Contract Vendor's possession that embody Confidential Information. Notwithstanding the foregoing, Contract Vendor may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 In'unctive Relief. Contract Vendor acknowledges that breach of this Section, including disclosure of any Confidential Information, will cause irreparable injury to Participating Entity that is inadequately compensable in damages. Accordingly, Participating Entity may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. Contract Vendor acknowledges and agrees that the covenants contained herein are necessary for the protection of the legitimate business interests of Participating Entity and are reasonable in scope and content. 7.4 Participating Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: L Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 323 of 897 b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii. Terminate this Master Agreement and any related Master Agreements or portions thereof; and N. Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17 14. INDEMNIFICATION — INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17 15. INDEPENDENT CONTRACT VENDOR. he Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's 10 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 324 of 897 state and having a rating of A-, Class Vll or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a) Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b) Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (I) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice, and (iii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED — SEE SECTION 2630 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State. 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official. 11 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 325 of 897 24. PAYMENT . Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whicheverls later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge: 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to.the Participating Entity's public information laws, 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating State. and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this:Master:Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall. adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating. Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S: Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this. Master Agreementor orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate. performance hereunder:. Without limiting any other remedy available to any governmental entity; the Contractor shall reimburse the applicable Lead State, Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's: records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations.:: Records will be retained longer if required by Participating Entity's law.: 27. REPORTS SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by.this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports: a. Summary Sales Data. The Contractor shall submit quarterly sales reports .directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at. : httpalwww.nesoo.org/WNCPO/Calculator.asox. Any/all: sales made. under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still 'required. Reports shall be due no later than the last day of the month following the end of the calendar quarter {as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type; e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing.Entity bill-to and ship-to locations; Purchasing Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g.; sales order, credit, return; upgrade, determined by industry practices);: Purchase Order date; Ship Date; and line item description, including product number. if used. The report shall be submitted in any form required by the solicitation. Reports are: due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end. of the reporting.period. Reports shall be delivered to the Lead State and to the .... WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales. information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. 12 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 326 of 897 d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. a. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31s' day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. b. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. OWNERSHIP a. Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, the Purchasing Entity will not own any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. The Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non- exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, 13 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 327 of 897 right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. 14 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 328 of 897 MASTER AGREEMENT TERMS AND. CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if :acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms. and conditions. 2. ACCESSIBILITY.STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails;.in.part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A -D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibilily standard.bdf. Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards, The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508:VPAT and WCAG 2.0 VPAT http://mn.gov/odt/policies-and-standards/accessibirit /#. 3. ADMINISTRATIVE PERSONNEL CHANGES. TheContract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and inwriting: Any employee of the Contract Vendor who, in: the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a :written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee: 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one. approved by the authorized signatories of the Contract Vendor and the Lead State as required by law. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETE 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension,. Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or. agency with which this. transaction originated may pursue available remedies, including suspension and/or debarment. 15 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 329 of 897 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,0001 with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. 16 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 330 of 897 In the event that the Lead State desires to add new products and services that are not included.in the original Master Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the, Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified:via supplement. or: amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or: services will be added to the Master Agreement without the Lead State's prior approval. 14. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use. of: conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.see.gov/rule§/flhall2Ol2l34-67716.vdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in any manner. necessary for State agencies and local units. of government to access the responses and/or to respond to request for .information pursuant to Minnesota Government Data Practices Act, including but not limited to emailing, photocopying, State Intranethnternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State. to reproduce and publish the information, regardless of whether the responder is themanufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any.and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State inthe defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide. information regarding the location of where services, data storage.andlor location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the :Lead State contracting party is part . of the judicial branch, with:the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court .as the same may be amended from time to time) as it applies to all data provided by the Lead State to the Contract /Vendor and all data provided to the Lead State by the Contract Vendor, In addition, the . . Minnesota Government Data Practices Act applies to all data: created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, :Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the: release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. . The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its.agent and employees, harmless from all claims arising out of, resulting from; o.r.in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event:that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the. Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. 7o the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires. affirmative action compliance by its Contract Vendors in accordance with Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. 17 CONTRACT NO. MNWWNC-124 MASTER AGREEMENT AWARD COMPUTER. EQUIPMENT PANASONIC Page 331 of 897 Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn. R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees. (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of 18 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 332 of 897 Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION. The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all claims or causes of action, including all legal fees incurred by the Lead State and the Participating Entity arising from the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. The Contract Vendor warrants that any materials or products provided or produced by the Contract Vendor or utilized by the Contract Vendor in the performance of this Master Agreement will not infringe upon or violate any patent, copyright, trade secret, or any other proprietary right of any third party. In the event of any such claim by any third party against the Participating Entity, the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability {including legal fees} arising out of such a claim, whether or not such claim is successful against the Participating Entity. If such a claim has occurred, or in the Contract Vendor's opinion is likely to occur, the Contract Vendor shall either procure for the Participating Entity the right to continue using the materials or products or replacement or modified materials or products. If an option satisfactory to the Participating Entity is not reasonably available, the Participating Entity shall return the materials or products to the Contract Vendor, upon written request of the Contract Vendor and at the Contract Vendor's expense. This remedy is in addition to any other remedy provided by law 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards: a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; 19 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 333 of 897 c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,"" Contract Vendor," "Master Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder, including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 20 CONTRACT No. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 334 of 897 26. PREFERENCE. Targeted/Economically Disadvantaged.in accordance with Minn. Stat. § 16C.16, subds; 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for.this RFP. The preference is applied only to the first$500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the Materials Management Division's web site at VAVW.mmd.admin.state.mn.usunde.r "Vendor Information, Directory of Certified TGIED Vendors. To verify TG eligibility for preference, refer to the Materials Management Division's web site. under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651:296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives. or requires a preference to vendors from that state; the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to -be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) .Except when mandated by the federal government.as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are. majority-owned and operated by: (1) recently separated veterans who have served in active military service, at any time on or after. September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD -214 or by the commissioner of veterans affairs; (2) veterans with service -connected disabilities, as determined at any time by the United States Department of Veterans Affairs; or (3) : any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran -owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or a service disabled veteran -owned small business, in accordance with Public Law 109-461 and Cade of Federal Regulations, title 38; part 74. To receive a preference theyeteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response. If responder is claiming the veteran -owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including :but not limited to notices, informational pamphlets, press releases, research, reports, .: signs and similar public notices prepared by or for the Contract Vendor, or its employees individually orjointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials. Management Division. The Contract Vendor shall make no representations of .the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: 21 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 335 of 897 a. reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE SECRET/CONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 22 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 336 of 897 COMPUTER EQUIPMENT: 2014-2019 DEPARTMENT Of ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S) AWARDED: Band 2: Laptop Band 3: Tablet. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity ane" procurements. An end user will be able to verify pricing using the named base line price. list and the minim um.discounts with the categorized. exceptions provided inah.e Master Agreement. 3. : PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line.Price List must be accessible and verifiable by potential end users preferably on the Contract.Vendor Website. All. historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product:and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting :the individual States . restrictions 6. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and :discontinued products will be removed. 7. BULK/VOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities. are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors. participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh schedule is subject to change. See current configurations: http://www.Whpsp.com/index.htmI. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN... Trade -In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 23 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 337 of 897 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 24 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 338 of 897 CATEGORY EXCEPTION: Business Rugged Equipment 23E 9% CATEGORY EXCEPTION: Multimedia Display Accessories 23P1 10% CATEGORY EXCEPTION: Multimedia-Pro Audio/visual 23P2 3% CATEGORY EXCEPTION: Arbitrator 23P3 .11% CATEGORY EXCEPTION: Whiteboard Accessories 23P4 13% CATEGORY EXCEPTION: Promotions Value Items 23PP.. 5% IMPORTANT: The minimum discount is provided; refer to Contract Vendor's: Website for any additional discounts and request a quote for bulklvolume discounts. All prices shall be FOB Destination, prepaid and allowed (with freight included in the price). If there is aspecial case where inside delivery fee must be charged i the Contract Vendor will notify the customer in advance. 3. THIRD PARTY PRODUCTS - (APPLICABLE IN ALL BANDS) TPM 11% CATEGORY EXCEPTION: Promotions , Value Items TPP 5% 1.11'ri IN 10 .. DXG-. - ' 'I I.tl l�l(S{ C L t1i3a 5_.R�rl. y ' Accidental.damage: $110, Image. Loading$60 Asset Tagging $60 Installation $1320 6; P i Y t I D t is e �..ilS11J$`�S:Yc�,cy&_, 5. LEASING Participating Addendum ma identify if and how leasing agreement terms will be conducted. 6. ADDITIONAL DISCOUNTS — Request a quot e for discounts on bulklvolume purchases. a. Quarterly promotions of additional 5-8%. b. For Fully Ruggedized Equipment additional quantity ftcounts.will apply: QTY 50: 2% (i.e. 9%+2%=11%) QTY: 100 = 4% over 100 = call for quote. Based on each end user customer on a per transaction basis. C. Discounts on Peripherals: Multimedia Pro Displays: 22% Projectors Large Venue: 48% Projectors — Installation: 486/6 Projectors — Portable: 38% Security. Cameras & Accessories: 25% Scanners — personal: 20% Scanners-Departmental: 35% Scan ners-Workg roup: 30% Scanners-Production: 30% Scanners-Accessories: 30% Whiteboards-electronic: 27% Whiteboards-Interactive: 29% d. Volume Discount of $50 per unit on Peripherals named below based on end user customer purchase on a per transaction basis. For end user customer purchasing 50 units or more an additional $50 discount will be applied to each unit for the following items: Security Ipro Cameras, Installation DLP Projectors, 80" displays, Handheld ProAV Cameras, Departmental Scanners, Interactive Whiteboards. 25 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 339 of 897 XYHROS818)2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C PRODUCT AND SERVICE SCHEDULE (PSS) - 1. MAINTAINING THEPSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PS8 serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list.. The Contract Vendor will work with each State to develop a.satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State.prior to the start of sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other-fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed. by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: BAND Part # - SKU# MANUFACTURER DESCRIPTION MINIMUM DISCOUNT CATEGORY CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only.offer Third Party Products in the bands they have been awarded. b. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 26 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 340 of 897 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMINISTRATION f. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE - - 1. IMPLEMENTATION. Within:30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must: continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a) Baseline Price List and historic versions b) Approved Product and Service Schedule (PSS) c) .. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d) Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e) Link to the WSCA-NASPO EmarketCenter f) Online ordering capability with the ability to remember multiple ship to locations if applicable to product g) Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h) Sales representatives for participating entities i) :Purchase order tracking . j) Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k) Additional Terms may not be posted on the Website without written approval of the Lead State 1) Link to the WSCA-NASPO EmarketCenter if a State is participating m) Information on accessibility and accessible products n) If participating in Premium Savings Package Program, lead with these products and display prominently on the .. website o) Links to environmental certification, including but not limited to take-back/recycling programs, p) Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http'llwww.sec.aov/ruies/final12012/34-67716.pdf q) Service options, service agreements for negotiations when allowed by a participating addendum r) EPEAT, Energy Star, etc. s) Link to Signed Participating Addendums t) Link to Signed Master Agreement u) Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 27 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 341 of 897 COMPUTER EQUIPMENT ..2014-2019 The Action Request Form (ARF) provided in this document must be utilized by the Contract venaor to provide quarterly updates of PSS and to make requests. The Action Request Forms.may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement # with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: .. _Update of Product & Service Schedule Provide summary of additions, deletionsa.nd pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed Third Party Product Addition Provide warranty Guarantee Marketing Approval Attach Materials for review Material Website Change Describe and provide link for review Miscellaneous Inquiry Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they maybe audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its.. sole discretion. Contract Vendor: Name of Requester: Title of Requester: 28 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 342 of 897 29 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 343 of 897 COMPUTER EQUIPMENT 2014-2019 - DEPARTMENT bF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display; modify, copy, and otherwise use reports, data and information provided. 2. DUE DATE: Reports shall.be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: Report Name Submitted to Purpose &Submitt Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose &Submitt 30 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 344 of 897 al' 1 WSCA-NASPO Administrative Fee WSCA-.. Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: http:llwww.nasoo.6rgANNbPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter' checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. . 3 Participating States Participating Contract Vendor may utilize the detailed sales reportto report State to individual States unless otherwise directed by the State. States may require additional reporting.: 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 30 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 344 of 897 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing.::::. Accessory. Accessories do not extend the functionality of the computer; but enhances the user experience i.e., mouse pad, monitor stand: For the purposes of:th:is proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product:bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the. evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor; 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized. equipment may also be included in the Product and Service schedule for this band: BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks, Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may. also. be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service .Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this:band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software. components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 31 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 345 of 897 2) display monitor:and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star@. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy.Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving.money. Energy Star qualified computers and monitors.automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications.and a list of qualifying products, visit the Energy Star website at htt :/lwww.eneraystar _gov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard- the IEEE 1680 EPEAT standard. -and website www.eoeat.net to identify products manufacturers have. declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not third-party certification. program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products: FOB Destination. Shipping charges are included. in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT.systems. Each State will have varying laws, rules, policies and: procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. htt s://www.revisor.mn. ov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting. Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue" that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different. pieces of software: Options. An :item of equipment or a feature that may be chosen as an additionto or replacement for standard equipment and features.. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written .statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the. Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum:is not executed by the chief procurement Official for that state that covers local governments, . political subdivisions, or other government entities in the state.:.. Partner. A company, authorized by the Contract Vendor: and.a.pproved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RI=P, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured 32 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 346 of 897 by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripheralslaccessoriesloptions and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based on dollars in a single purchase. order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a. cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of . technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsr).com/index.htmi.. Purchasing Entity — means a state, city, county, district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum; that issues an order against the . Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation, factory integration (software or equipment components); asset management, recycling/disposal, training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is.a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components. such as those found in blade chassis systems.. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5:of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in:the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that. interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An. architecture model by which a provider allows a customer to rent or lease storage Space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services. Software. For the purposes. of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including newreleases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primarymeans of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process: for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured: by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-N.ASPO cooperative purchasing program., facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that.is a.subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 33 CONTRACT NO. MNWNC-124 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT PANASONIC Page 347 of 897 DocuSign Envelope ID: 905E9B88-1412-465F-B885-D4BAOC607819 AMENDMENT NO.4 TO NASPO MASTER AGREEMENT NO. MNWNC-124 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration ("State"), and Panasonic System Solutions Company of North America (PSSNA), Division of Panasonic Corporation of North America (formerly Panasonic System Communications Company of North America), Two Riverfront Plaza, 6th Floor, Newark, NJ 07102 ("Contractor" or "Contract Vendor"). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-124, April 15, 2015, through July 31, 2021("Contract"), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract; and WHEREAS, the Contract Vendor combined Panasonic System Communications Company of North America (PSCNA), Division of Panasonic Corporation of North America, into a new company, Panasonic System Solutions Company of North America (PSSNA), Division of Panasonic Corporation of North America, effective April 1, 2018. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: That NASPO Master Agreement No. MNWNC-124 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. REMAINDER OF PAGE LEFT INTENTIONALLY BLANK SIGNATURE PAGE TO FOLLOW Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 4 to NASPO Master Agreement MNWNC-124 Page 348 of 897 DocuSign Envelope ID: 905E9B88-1412-465F-B885-D4BAOC607819 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Panasonic System Solutions Company of North America, Division of Panasonic Corporation of North America The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. DocuSiged by: By: Um �F83DnC.FC943E.- Regina B Tokar Printed Name Title: vice President, Business Operations Date: 5/7/2021 By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. DocuSied by: By: "742E1'"C8ED492... Title: Acquisition Management Specialist Date: 5/7/2021 3. Commissioner of Administration Or delegated representative. By: fDocuSigned by: Ao-o(y Do4" 68D02A26D7604BA... Date: 5/7/2021 Amendment No. 4 to NASPO Master Agreement MNWNC-124 Page 349 of 897 PAKnaPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 4321L%D-WSCA-I5-ACS Page 1 of 9 1. Scot► .-The State of Minnesota, Department of Administration, Materials Management Division publicly conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master Agreement number MNWNC-124. The Master Agreement led by the State of Minnesota along with a multi -state sourcing team, was created for use by state agencies and other entities that are authorized by that state's statutes to utilize cooperative agreements, upon written approval of the State's chief procurement official. The Master Agreement for computer equipment (desktops, laptops, tablets, servers, and storage, and ruggedized devices, including related peripherals & services) identifies the product bands awarded to the Contractor: This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Panasonic (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement. This Addendum shall not diminish, change, or impact the rights of the lead State with regard to the lead State's contractual relationship with the Contractor under the terms of the Master Agreement. 2. Participation; Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State's statutes are subject to the prior approval of the respective State Chief Procurement officer. Issues of Interpretation and ellgibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of Precedence: in the event of a conflict, the following documents shall have priority in the order set forth below: a. This Participating Addendum b. Exhibit 2, PUR 1000 c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-124. 4. Participating State Modifications or Additions to Master Agreement: A. , Upon execution of this Addendum, all eligible users may purchase products and services udder contract using the Florida alternate contract source number 43211500-WSCA-15-ACS. Page 350 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211SM-WSCA-15-ACS Page 2 of 9 Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section' 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or transact business with any public entity. c. Effective Date: This Addendum shall become effective on the last date signed below and Is coterminous with Exhibit 1 unless terminated earlier by Participating State. d. ,Vendor Registration and Transaction Fees: In order to complete any transaction between an eligible user and the Contractor, the Contactor must be registered with the Department of State, Division of Corporations (www.sunbiz.ora) and in MvMridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule WA -1.031, Florida Administrative Code,'' is hereby incorporated by reference.: All transactions are subject to a transaction fee pursuant to the rule. e. Purchases: In order to procure products and services hereunder, eligible users shall Issue purchase orders or use a purchasing card which shall reference Florida alternate contract source number 43211500-WSCA-I5-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with laws: The Contactor shall comply with all laws, rules,'codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. Byway of non -exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern this Addendum, By of further non -exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, Page 351 of 897 PARTiaPATiNG ADDENDUM to the NASPO VatuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC•124' Panasonic And. The State of Florida Alternate Contract Source No. 43211SOD-WSCA-15-ACS Page 3 of 9 ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum, the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(i)(a)- (c) and (g), Florida Statutes, are hereby Incorporated by reference. L Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article l of the State Constitution or subsection 119.07(1), Florida Statutes. The Participating State may unilaterally terminate this Addendum' if the Contractor refuses to allow public access as required in this section. If, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as, provided under subsection 119.011(2), Florida Statutes, the Contractor must; (1) steep and maintain public records that ordinarily and necessarily would be required by the public agency In order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter219, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records In possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to public agency, In a format that is compatible with the information technology systems of the public agency Page 352 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT ' Administered by the State of Minnesota Master Agreement No MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211500-WSCA 1S --ACS Page 4 of 9 J. The State of Florida's performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. B." Contract Document: This Addendum and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of the contract. C. Intellectual Property: The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property developed as a result of this Addendum will belong to and be the sole property of the Participating State. This provision will survive the termination "or expiration of the contract.< D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E -Verify system to verify employment of all new employees hired by the reseller/partner during the Addendum term. E. Price List/Preferred Price: The Contractor's price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department's website to the price fist posted on the WSCA-NASP© website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR10M Is not applicable. F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause If the Contractor is found to have submitted a false certification or if Contractor Is placed on the Scrutinized Page 353 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 5 of 9 Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terns and conditions of the Master Agreement and this Addendum. 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for eligible users to use for product and/or service inquiries and purchases, as well as the most upaW-date product/service offering the Contractor.is authorized to provide in accordance with the Master Agreement, and b. if orders are to be sent to resegers/partners for fulfillment then the Contractor Is responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase, orders via fax, e-mail, or cXML as identified in HA below. H. - Electronic Invoicing: The Contractor shall supply electronic invoices In lieu of paper.: -based invoices for those transactions processed through the MyFlorldaMarketPlace (MFMP) within ninety (90) days from Addendum effective date. Electronic invoices shall be submitted to the agency through the Ariba Network (AN) In one of three mechanisms as listed below: 1. cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non -catalog goods and services. The cXML format is the Ariba preferred method for e4nvoidng. 2. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for Invoicing via the AN for catalog and non -catalog goads and services. Page 354 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoInt Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page S of 9 3., PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non - catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an Invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce,transmit, distribute, and publicly display within the system'the information outlined above. In addition; the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks,' logos, trade dress, or other, branding designation that Identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic Invoicing If needed. I. Contract Quarterly Reports The Contractor shall submit a Quarterly Report In the required format electronically to the Participating State/Entity within 30 days of the end of the quarter. The Participating State/Entity reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default and may result in termination of this Addendum. Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the Participating State/Entity may terminate this Addendum. J. Business Review Meetings: The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary. The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor Page 355 of 897 PARTICIPATING ADDENDUM to the NASPO Valuepoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No. MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 7 of 9 shall address the agenda items and any of the Participating State/Entity's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and Addendum termination. K. Commitment to Diversity in Government Contracting: The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service -disabled veteran business enterprises In the economic Ift of the State. The State of Florida. Mentor Protdge Program connects minority-, women-, wartime-, and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protdge'Program, please contact the Office of Supplier Diversity at ($SO) 487-0915 or, asdheJv@.dms.mvflofida.corn. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises. These reports will Include the period covered, the name, minority code and Federal Employer identification Number of each minority vendor utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. L. Resellers/Partners: The Contractor may use resellers/partners in order to provide computer equipment and services. AN resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors eeselers/partners' participation will be in accordance with the terms and conditions set forth In the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), Page 356 of 897 PARTICIPATING ADDENDUM to the NASP£I V'aluePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC 124 Panasonic And The State of Florida Alternate Contract Source No. 4321150()-WSCA-15-ACS Page 8 of 9 including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (Wwi.%anbiz.org) • Registered in the MFMP Vendor Information Portal (httos:/Lyendor.mvfforidamarketylace.com • Not be on the State of Florida's Convicted, Suspended,or Discriminatory lists httolLv.Lww.dms.Mdodda.com/husiness operations/State ourchasinvAendar informatio nfconvicted suspended discriminate v `c:omplaints vendor lists • Have a copy of e -'verify Status on file • Have a current W-9 flied with the Florida Department of Financial Services th=:/Iflvendor.mvfloridado.com; M. Primary Contacts: The primary government contact individuals for this Addendum are as follows (or their named successors): Contractor Name Michelle Chapin Address Panasonic Two Riverfront Plaza, a Floor, Newark, NJ 07102-5490 Telephone 973-303-7787 E-mail wsra@us. nasonic.com Partiematinn Entity Name Jerilyn FlalleV Address Florida Department of Management Services 4050 Esplanade Way, Suite 36D, Tallahassee, FL 32399-0950 Telephone 850-9214072 E-mail lertlyn.balley@dms.myfloride.com Page 357 of 897 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-124 Panasonic And The State of Florida Alternate Contract Source No. 43211NO-WSCA-I5-ACS Page 9 of 9 N. Warrant of Authority: Each person signing this Addendum warrants that he or sheds duly authorized to do so and to bind the respective party. 7. Terms. The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below, Participating State: Contractor: Florida Panasonic' "Y -'By: _ Name: locW Name: Donald W. 5z panlak � Title: l)ervt ty -k ow. Title: Vice President Date: 11 Flori s hie Procurep iant Nicer: art' B Name: Roz Imam Title: Director of State Purchasing and Chief Procurement Officer Date; Please email fully executed PDF copy of this document to PALMnasoovaluenoint.orn to support documentation of participation and posting in appropriate data bases. Page 358 of 897 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Tenn Contracts. S. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act 10, Literature.. 11. Transportation and Delivery. 12. Installation. 13. Risk of loss. 14. Transaction Fee, 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination' for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 2S. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution: 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative industries and Diversified Enterprises, Inc. (PRIDE). 41. Products Available from the Blind or other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. PUR 1000 (10/06) 1 60A-1.002, F.A.C. Page 359 of 897 Exhibit 2 43211500-WSCA-I5-ACS, Computer Equipment 44. Waiver, 45. Annual Appropriations. 46. Execution In Counterparts. 47. Severability. 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract' means the legally enforceable agreement that results from'a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if It meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may Include commodities, services, technology or. software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer, via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. AN purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the termsstated on the Contractors order form, confirmation, or acknowledgement shall ° be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through, (f) thereof, Customers shall designate, a contract manager and a contract administrator as required ,by subsections 287.057(15) and (16) of the Florida Statutes. 3 Product version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing. to provide such model or version, 4. Price` Changes Applicable onty to Term Contracts. if this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders.' Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly, (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. PUR 1000 (10/06) 60A-1,002, F.A.C. Page 360 of 897 Exhibit 2 43211S00-WSCA-IS-ACS, Computer Equipment (c) Sales Promotions. in addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct.sales :promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then -authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-in. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) EEr ultable Adlustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if. pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. S. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging: Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7, inspection at Contractors Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. B. Safety standards` All manufactured Items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation Involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State Inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American' Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. in addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically Impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. FUR 1000 (10/06) 3 60A-1.002, F.A.C. Page 361 of 897 Exhibit 2 43211500-WSCA 15 -ACS, Computer Equipment 11. Transportation and Delivery. Prices shall include all charges for packing, handling,freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of Inability or intentional delays' shall be cause for Contract cancellation and Contractor suspension. 12. installation, Where installation Is required, Contractor shall be responsible for placing'and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally' or operationally unsound. Installation Includes the furnishing of any equipment, rigging, and materials required to Install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or Injury caused during Installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to Its original condition. Contractor shall perform installation work so as to cause the least Inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the Installation, the location and surrounding area of work shall be left clean and In a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of Inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of.visible damage on all copies of the delivering carrier`s Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a,copy of the carrier's Bill of Lading and damage Inspection'report. When a Customer reject'sa' product, Contractor shall remove It from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as Its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has Instituted MyFlorideMarketPlace, a statewide eProcurement System ("System"): Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction` Fee of one percent (1.091), which the Contractor shall pay to the State, untess exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting: system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A -1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor, shall receive a credit for any Transaction Fee paid by, the Contractor for the, purchase of any „item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an Item is rejected or returned, or declined, due to the Contractors failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor' in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DEUNQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. PUR 10003 (10/06) 4 60A-1.002, F.A.C. Page 362 of 897 Exhibit 2 432115WWSCA 15 -ACS, Computer Equipment 15. Invoicing and payment. invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor Identification number. The State may require any other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors maybe required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices In lieu of paper-based Invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Arlba'Supplier Network (ASN) in one of the following mechanisms -- EDI 810, cXMI., or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes,,which govern time limits for payment of,Invoices. . invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customers failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contracmr of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay,for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer'in the special contract'conditions section of the solicitationor in the Contract or purchase order. 17.Governmental Restrictions. if the Contractor believes that any governmental' restrictions have been imposed that require alteration ofthe material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer:`, 18. Lobbying and integrity. Customers shall ensure compliance with Section 12.062, FS and Section 216.347,FS.The Contractor shall not, In connection with this or any other agreement with the State, directly or indirectly (1) offer,' confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or'(2) offer, give, or agree to give;to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or, employee.` For purposes of clause (2), "gratuity* means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customers Inspector General, or other authorized State official, the Contractor shall provide any,type of information the lnspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the contractor's business or financial records,' documents, or files of any type or, form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (avallabie at: htto.11dlis.dos.state.fi.us/bane/aen hedules/Rensched.html. The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other, authorized State official for investigations of the Contractor's compliance with the.terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, includding overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, PUR 1000 (10/06) 5 60,4-1.002, F.A.C. - Page 363 of 897 Exhibit 2 4321.1500-WSCA-IS-ACS, Computer Equipment and employees,from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused In whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, ' actions, damages, and costs of every name and description, including attorneys' fees, arising from or, relating to violation or infringement of a trademark, copyright, patent, trade secrete intellectual property right,' provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractors products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or In the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the "product or to modify It become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable' rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened' action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance In defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer In any legal action without ;the Contractor's prior written, consent, which shall not be unreasonably withheld. 20. limitation of Liability., For all claims against the Contractor under any contract or purchase order, and regardless of the basis`on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of: the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain In this agreement. Unless otherwise specificallyenumerated in the Contract or In the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even If the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, In addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 2L Suspension of Work. The Customer may In its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in best interests of the State to do so.' The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration' of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractorto any additional compensation. PUR 1000 (10%06) 60A-1.002, F.A.C. Page 364 of 897 Exhibit 2 432115130-W5CA-15-ACS, Computer Equipment 22- Termination for Convenience. The Customer,, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's Interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A.1.006(3), F.A.C., governs the procedure and consequences of default, The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted 'products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that the Contractor was not In default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been Issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform If neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay Is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly, beyond the Contractors control, or for any of the foregoing that affect subcontractors or suppliers If no alternate source of supply is available to the Contractor. in case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer In writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay Is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph Is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an Increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or, inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance Is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines,' in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract In whole or in part. ` 2S. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of PUR 1000 (10/06) 7 60A 1.002, F.A.C. Page 365 of 897 Exhibit 2 43211500-WSCA 15 -ACS, Computer Equipment performance. Such `equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. if unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period Is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing and signed by both parties, and Is contingent upon satisfactory performance evaluations and subject to availability of funds. 27. Purchase order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders In accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state terra or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or, agency contract. For: example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARC; and after expiration of the state terra contract, the Contractor will accept the order. However, If the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor, will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt'of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of,the state term or; agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order Issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other, promotional material,identifying the Customer or the State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the name of the State or the Customer In any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors,` dealers, resellers, or service representative. PUR 1000 (10/06) $ 60A-1.002, F.A.C. Page 366 of 897 Exhibit 2 43211SOD-WSCA-I5-ACS, Computer Equipment 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under, the Contract, or under any purchase order Issued pursuant to the Contract, without the prior writtenconsent of the , Customer. In the event of any assignment, the Contractor remains' secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written; notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges' as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a'petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor`s ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract Shap be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified.training quaFifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All ; empiayees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security, status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentlaiity. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. ` The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors,` resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations Information, or commercial proprietary' information in the possession of the State or. Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as,a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. PUR 1000,(20/06) 6 A 1.002, F.A.C. Page 367 of 897 Exhibit 2 432U5 t?-WSCA-15-ACS, Computer Equipment 34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure,that Contractor's employees; subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other, agents receive benefits and necessary, insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage Is a material obligation of the Contractor. Upon request, the Contractor shag provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shag not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through Insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she Is duly authorized to do so and to bind the respective party to the`Contract. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or . threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 263.133 of the Fbrida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromisedin any manner during the term of the Contract. 38. Notices. AN notices required under the Contract shag be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, In writing, if someone else is designated to receive notice. 39.Leases and Installment Purchases. Prior approval of the Chief Financial Officer; (as defined in Section 17.001, FS.) is required for State agencies to enter into or to extend any lease or instalimerit-purchase agreement in excess'of the Category Two'amount established by section 287.017 of the Florida Statutes.` 40. Prison Rehabilitative Industries and Diversified Enterprises, ,Inc. (PRIDE'). Section 946515(2), F.S. requires the following' statement to be included in the solicitation: wit Is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes, and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional Information about PRiDE and the products it offers is available at http:/f www.wJdefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be Included In the solicitation: "it is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shag be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 4, 3, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products It offers is available at htto://www.moertoffloriido.ora. PUR 1000 (10/06) 10 60A-1.002, F.A.C. Page 368 of 897 Exhibit 2 43211500-WSCA-I5-ACS, Computer Equipment 42. Modification of Terns. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or, binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally, modify the terms of the Contract by affixing additional terns to product upon delivery (e.g., attachment or inclusion of standard preprinted farms, product literature, shrink wrap" terms accompanying or, affixed to a product, whether written or electronic) or by Incorporating such terms onto the Contractor's order or fiscal forms or other documents .forwarded by the Contractor for payment. The Customer's acceptance of product or; processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Mon -Customer: purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction; between the Contractor and any other purchaser. State agencies wishing to make purchases from ' this agreement are required to follow the provisions of s. 287.042(16)(a), P.S. This statute requires the Department of Management Services to determine that the request6es use of the contract is cost-effective and inthe best interest of the State. 44. Waiver. The delay, or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution In Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. 'if a court deems any provision of the Contract void or unenforceable,'that provision shall be enforced only to the extent that it is not In violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000 (10/06) 1 I 6OA-1.002, P.A.C. Page 369 of 897 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-124 Panasonic System Communications Company of North America, Division of Panasonic Corporation of North America And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Panasonic System Communications Company of North America, Division of Panasonic Corporation of North America ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a one (1) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2018. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyRoddaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored Page 370 of 897 V. iConfliaL To the extent any of the terms f this Amendment ooriffict. wifti the terms of the Contract, the terms f this rnindim int shall control. I, err f thump pEE Authority. -' 1person signing this Amendment nt , rlr nt that he or she Is duly. authorized and to inid the respective 1party, V11. E.ffecL Unl thervAse modified by this Amendment, all terms eland condMoins contained in, the Contract shall corylinue In fail force and effect. state of Ilf"''llp rrlda, Ili rt,rn len cifIll m nage °nsin 'Servicer, y" lllrn,m ILDr 4c 'Ir ,�°Ipfle: CIp'q'u.............................I,.." wmmmmmm mmmm a'mmr m ,,,., Panasonic S stern Clornmit.mlemtJons an rrgjpa m f Ill rfift mnrrr m„l,, ,pvisl irw of 113wi-msonlia Corpomflion of Norte America I, Dater PaJ11P Z Of'!' Page 371 of 897 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services This Amendment No. 5 ("Amendment") to the Computer Equipment Peripherals and Services contract, contract number 43211500-WSCA-15-ACS ("ACS") between the State of Florida, Department of Management Services ("Department"), and Panasonic Corporation of North America D/B/A Panasonic System Solutions Company of North America ("Contractor"), collectively referred to herein as the "Parties," is effective upon execution by both Parties. All capitalized terms used herein have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. WHEREAS, the ACS was entered into by the Parties on August 15, 2015, to continue through March 31, 2017, for the provision of Computer Equipment Peripherals and Services, pursuant to State of Minnesota Master Agreement No. MNWNC-124; WHEREAS, the ACS was subsequently renewed through July 31, 2021; and WHEREAS, the Parties agreed that the ACS may be amended by mutual agreement as provided in Section 42, Modification of Terms, of the PUR 1000 incorporated into the ACS. NOW THEREFORE, for the mutual covenants contained herein, the Parties agree as follows I. Amendment to the ACS. a) The ACS is amended to change the end of the term of the ACS to July 31, 2022, unless terminated earlier in accordance with the ACS. b) Section 4.A.1.i. and Section II of Amendment No. 1, Public Records, are deleted entirely and replaced with the following: Public Records. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT'S CONTRACT MANAGER LISTED IN SECTION 4.3 OF THE SPECIAL CONTRACT CONDITIONS. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. Computer Equipment Peripherals and Services Page 1 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 372 of 897 C) Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. Section 4.D., Employment Eligibility Verification, is deleted in its entirety and replaced with the following: E -Verify: The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system for all newly hired employees inaccordance with section 448.095, F.S.. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department's Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to Computer Equipment Peripherals and Services Page 2 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 373 of 897 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. d) Section 4.F., Scrutinized Company List, as amended in Amendment No. 4, is deleted in its entirety and replaced with the following: Scrutinized Company List: The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. e) Section 48, Information Technology, as referenced in Amendment No. 2, is deleted in its entirety and replaced with the following: 4.0. Information Technology Standards: Pursuant to sections 282.0051 and 282.318, F.S., the Department is to establish standards for the implementation and management of information technology resources. Contractor agrees to cooperate with the Department and Customer in furtherance of efforts to comply with the standards, established in Rule Title 60GG, F.A.C., as applicable. f) Section 4.P., Conduct of Business, is hereby added as follows: Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Computer Equipment Peripherals and Services Page 3 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 374 of 897 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services Pursuant to section 287.057(26) Florida Statutes, the Contractor shall ensure a representative will be available to team members of the continuing oversight team. g) Section 4.Q., Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists, is hereby added as follows: Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. h) Section 4.R., Performance or Compliance Audits, is hereby added as follows: Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, the Computer Equipment Peripherals and Services Page 4 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 375 of 897 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services State of Florida's Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. Section 4.S., Document Inspection, is hereby added as follows: Document Inspection. In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within 10 Business Days after the request is made. II. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. [Signature Page Follows] IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Department of Management Services By: _ Name: Title: Date: J. Todd Inman Secretary Contractor: Panasonic Corporation of North America D/B/A Panasonic System Solutions Company of North America By: _ Name: Title: Date: Computer Equipment Peripherals and Services Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 5 of 6 Page 376 of 897 DocuSign Envelope ID: 50EA5339-492D-41 B2-BC1C-684518029E92 Department of MANAGEMENT SERVICES We serve those who serve Florida AMENDMENT NO.: 5 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services State of Florida's Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. i) Section 4.S., Document Inspection, is hereby added as follows: Document Inspection. In accordance with section 216.1366, F.S., the Department is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within 10 Business Days after the request is made. II. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. [Signature Page Follows] IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Departs If Mana,ent Services By: t Name: J. Todd Inman Title: Secretary Date: 1 / 2ti Zu z Contractor: Panasonic Corporation of North America D/B/A Panasonic System Solutions Company of NOrth iea ny: By: �•' Name Title: Vice President Business Operations Date:7/28/2021 109 PM PDT Computer Equipment Peripherals and Services Page 5 of 6 Alternate Contract Source No.: 43211500-WSCA-I5-ACS Page 377 of 897 6.1. Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-171 - Authorize the City Manager to sign a First Amendment to Towing Franchise Agreement for a one (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. Explanation of Request: The current franchise agreement which collects an annual franchise fee in the amount of $121,096.00 was for a three (3) year period that ends on December 14, 2021 and has the option for three (3), one (1) year renewal options. This renewal will allow for towing and storage services to remain consistent with the terms of the original contract. Due to a change in Statute XXIII 323.002 the City can no longer collect a franchise fee. City staff intends to review and update the RFP document and advertise for these services within this 1 year renewal period. How will this affect city programs or services? Staff recommends renewing for a year with Beck's Towing & Recovery, Inc. The vendor will continue the current level of service and administration. By renewing for a year it will provide staff with time to review and update the RFP document and advertise for these services. Fiscal Impact: No franchise revenue will be collected during this term. Alternatives: Do not approve renewal and not have a towing company available. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: Is this a grant? No Grant Amount: N/A Contracts Vendor Name: Beck's Towing & Recovery, Inc. Start Date: 12/15/2021 Page 378 of 897 End Date: 12/14/2022 Contract Value: 0 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The current franchise agreement was for a three (2) year period that ends on December 14, 2021 and has the option for three (3), one (1) year renewal options. Attachments: Type D IRE)S()l� LA ti 0 111 D A rTIE)ind irTIENI'l t D Cointract Description IRE)SOkAtioin approviing Il:::::liir'stAirTIEsii'idirTIEsll'It taxa Tbwiing Agir'E)E)irTIE)I['It withIl::: E�'Ck'S Tbwiing & StoragE, irst ArTIE)indirTIENI'It to bWing IF::: rainc hiSE, Agir'E)E)irTIE)I['It Oirigiinal Co intra Page 379 of 897 I RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE CITY MANAGER TO SIGN THE FIRST 4 AMENDMENT TO TOWING FRANCHISE AGREEMENT FOR A ONE (1) 5 YEAR RENEWAL OF THE CONTRACT WITH BECK'S TOWING & 6 RECOVERY, INC. FOR TOWING & STORAGE SERVICES; AND 7 PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, the current franchise agreement which collects an annual franchise fee in the 9 amount of $121,096.00 was for a three (3) year period that ends on December 14, 2021 and has 10 the option for three (3), one (1) year renewal options; and 11 WHEREAS, staff recommends renewing for a year with Beck's Towing & Recovery, Inc to 12 continue the current level of service and administration; and 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 14 recommendation of staff, deems it to be in the best interests of the City residents to approve and 15 authorize the City Manager to sign a First Amendment to Towing Franchise Agreement for a one 16 (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. Each Whereas clause set forth above is true and correct and incorporated 20 herein by this reference. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 22 approve and authorize the City Manager to sign the First Amendment to Towing Franchise 23 Agreement for a one (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for 24 Towing & Storage Services. A copy of the First Amendment is attached hereto as Exhibit "A". 25 Section 3. That this Resolution shall become effective immediately upon passage. 26 S:ACA\RESO\Agreements\First Amendment To Towing Agreement With Beck's - Reso.Docx Page 380 of 897 27 PASSED AND ADOPTED this 7th day of December, 2021. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 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\First Amendment To Towing Agreement With Beck's - Reso.Docx YES NO Page 381 of 897 CITY OF BOYNTON BEACH FIRST AMENDMENT TO BECK'S TOWING & RECOVERY, INC. TOWING FRANCHISE AGREEMENT (Contract No. 024-2110-19/RW) THIS AMENDMENT made this _ day of , 2021 (herein "First Amendment") shall be considered as part of the Towing Franchise Agreement, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, with a business address of 100 East Ocean Ave, Boynton Beach, FL 33435 hereinafter referred to as "CITY", and Beck's Towing & Recovery, Int.'s, a Florida Profit Corporation, with a business address of 410 NE Fifth Ave., Boynton Beach, Florida 33435 ("CONTRACTOR"). CITY and CONTRACTOR may each be referred to herein as "Party" and collectively referred to herein as "Parties". WITNESSETH: WHEREAS, the Franchise Agreement (herein "Agreement") for CITY towing services between the Parties naturally expires on December 11, 2021, and may be renewed for three (3) additional one (1) year terms upon mutual agreement of the Parties; and, WHEREAS, to date the Parties have been satisfied with the performance and execution of the agreement and desire to renew the agreement for a one (1) year period and to amend the terms contained therein as set forth in this First Amendment; and, WHEREAS, the Parties agree that the terms of the Agreement is modified such that the terms and provisions set forth herein shall be in addition to or to the extent of any conflict, the provisions herein shall take precedence. NOW, THEREFORE, the Parties agree the following provisions shall become an integral part of the Agreement between the Parties as follows: 1. The foregoing recitals set forth above are true and correct and herein incorporated by this reference. 2. The Agreement between CITY and CONTRACTOR, a copy of which is attached hereto and made a part hereof as Composite Exhibit "A," shall remain in full force and effect except as specifically amended herein. 3. Any language contained in this First Amendment, that is in s4ikethFeughtype shall be deletions from the terms of the Agreement and language in underlined type shall be additions to the terms of the Agreement. 4. Compensation and Method of Payment. The Parties acknowledge and agree that Article 3 "Compensation and Method of Payment" of the Agreement, is hereby amended as follows: 3.1.1 Reserved. 3.1.2 The CONTRACTOR shall charge for vehicle towing and/or storage in accordance with the {00481920.1306-9001821} schedule of rates attached hereto as Exhibit "C": Palm Beach County Maximum Non- 100481920.1306-90018211 on- Page 382 of 897 Consent Towing Rates and made apart hereof by reference, as maybe amended by Palm Beach County from time to time. 3.1.3 The CONTRACTOR shall directly bill the vehicle owner/operator for towing and storage charges. 5. Exhibit B Fees and Payments. Exhibit "B" entitled "Fees and Payments" of the Agreement is deleted in its entirety. 6. Governing Law and Venue. The Agreement and First Amendment shall be governed by and construed in accordance with the laws of the State of Florida as now and hereafter in force. The venue for any and all actions or claims arising out of or related to the Agreement shall be in Palm Beach County, Florida. 7. Public Records. The CITY is public agency subject to Chapter 119, Florida Statutes. CONTRACTOR shall comply with Florida's Public Records Law. Specifically, CONTRACTOR shall: 5.1 Keep and maintain public records required by the CITY to perform the service; 5.2 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 Statutes, or as otherwise provided by law; 5.3 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 Agreement, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession after CONTRACTOR transfers the records in its possession to the CITY; and 5.4 At the CITY's request, 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. 5.5 The failure of CONTRACTOR to comply with the provisions set forth in the Agreement shall constitute a default and breach of the Agreement, for which, the CITY may terminate the Agreement. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 100481920.1306-90018211 CRYSTAL GIBSON, CITY CLERK PO BOX 310, BOYNTON BEACH, FLORIDA, 33425 2 Page 383 of 897 561-742-6061 8. Access to Records. CITY shall have reasonable access and the right to examine any and all CONTRACTOR books, documents, papers, data, and records related to CITY's use of CONTRACTOR's products or services, and records created during the performance of this Agreement by both Parties, upon reasonable request, not to exceed once per calendar year, and until the expiration of five (5) years after final payment hereunder. As required by Ch. 119, Florida Statutes, records related to this agreement may be public records open for inspection, unless an applicable exception applies, and shall be retained pursuant to the State of Florida General Records Schedule GSI -SL. 9. Binding Authority. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in the Agreement 10. Independent Contractor. The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that CONTRACTOR is an independent contractor pursuant to the Agreement and shall not be considered the CITY's employee for any purpose. 11. Scrutinized Companies. By execution of this Agreement, CONTRACTOR certifies that it is not participating in a boycott of Israel. CONTRACTOR further certifies that it 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. Failure to comply shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY's determination of failure to comply. CONTRACTOR shall have five (5) days from receipt of notice to refute such 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. If CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to §287.135, Florida Statutes, as amended from time to time. 12. E -Verify. CONTRACTOR certifies that it is aware of and complies with the requirements of §448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 12.1 Definitions for this Section. 12.1.1 "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 salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. 12.1.2 "Subcontractor" means a person or entity that provides labor, supplies, or services 100481920.1306-90018211 3 Page 384 of 897 to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. 12.1.3 "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. 12.2 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: 12.2.1 All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; 12.2.2 All persons (including subvendors / subconsultants/ 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 12.2.3 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. 13. Counterparts and Execution. The Agreement may be executed by electronic signature or by hand, in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of the Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other Party through facsimile transmission, email, or other electronic delivery. 14. Compliance with Laws. CONTRACTOR hereby warrants and agrees, that at all times material to the 100481920.1306-90018211 4 Page 385 of 897 Agreement, CONTRACTOR shall perform its obligations in compliance with all applicable federal, state, local laws, rules and regulations, including Section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 15. Conflict. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreement, this First Amendment, and the terms and conditions contained in this First Amendment herein, the Parties agree the terms and provisions contained in this First Amendment shall control to the extent of any such conflict or ambiguity. 16. Entire Agreement. These terms together with the Agreement and this First Amendment, all incorporated herein by reference, sets forth the entire understanding of the Parties and supersedes all prior agreements whether written or oral, with request to such subject matter. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year first written above. CITY: City of Boynton Beach ATTEST: BY: CRYSTAL GIBSON CITY CLERK APPROVED AS TO FORM: Name: LORI LAVERRIERE CITY MANAGER OFFICE OF THE CITY ATTORNEY CONTRACTOR: 100481920.1306-90018211 Beck's Towing & Recovery, Inc. BY: TITLE: DATE: 5 Page 386 of 897 _11#111TIRU FKAMU615E AG WITH THE CITY OF BOYNTON BEACH THIS AGREEMENT, dated of is between. - THE CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426, hereinafter ,eferred to as "CITY", and Beck's Towing & Recovery', Inc., a company authorized to du business in the State of Florida, with its principal place of business at 410 N.E51h Ave�-, J�oynton Beach, Florida 33435, Tax ID # 65-0653585, hereinafter referred to as "CONTRACTOR". WHEREAS, the City Commission of the City of Boynton Beach, Florida, following a competitive selection process has awarded Contractor a non-exclusive franchise agreement to perform towing services in and for the City, subject to execution of a written agreement; and TTAEREAS, the establishment of minimum contractual standards of quality and efficiency for emergency recovery, towing and storage services utflized by law enforcement agencies is in the public interest; and WHEREAS, utilization of improper equipment or unqualified operators exposes public safety personnel and others present at an accident or recovery scene to undue safety hazards, results in undue damage to vehicles, and causes excessive delays In clearing the highway and securing the vehicles-, and WHEREAS, the City has determined, based on material representations of the Contractor as set forth in the Contractor's response to the City's request for proposals, that Contractor can perform the services in accord with the parameters set forth in the City's Request for Proposals, as amended. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: JNKeT4N4 17,M Page 387 of 897 discriminate or permit discrimination in its hiring practices, or in the performance of this Agreement, against any person on the basis of his or her race, sex, religion, political affiliation or national origin. 7771-7777,77, t*Tv 7rucK or ME own cnoice or a-T(TOLUT.-Ts. requesting that his or tier vehicle be towed to a garage or compound other than that of the CONTRACTOR. r7717j, 77 requinto MIT MQUIldflUe or U115 ^YleerneflL, MWept d5 QUIerMse specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1,13 All terms and conditions of the City Request for Proposals and all responses by Contractor are incorporated by reference and shall constitute the material provisions of this Agreement as though set forth herein, The City's Request for Proposal and Addendum ae attached as EXHIBIT "D" and the Contractor's Proposal and Best and Final Offer are attached as EXHIBT "E", which are made a part of the contract, P� 11 :1 2.1.2 The City deslires to have a minimum of 100 vehirJe spaces available for outsi storage, property spaced to provide access for removal or addition of vehicles, Propose bidding on the following options must have minimum spaces available at time of proposal stated below'. a] This Contract is awarded exercising Option 1, Single Provider, requiring a minimum of I vehicle spaces available for outside storage, properly spaced to provide access for removii or, addition of vehicles. Page 388 of 897 2,1.3 All indoor storage must be located within City Limits. Contractor shall maintain a minimum of 15 indoor storage spaces on site with Office operations which must be located within the City limits, Location of remainder of outside storage site(s) shall not exceed a distance of 10 miles from any city boundary, Z 1.4 Crime Scene Storage facility for vehicles which have been marked "HOLD" by t City of Boynton Beach Police Department relative to a crime scene investigation shall stored at an inside secured facility within the City limits, I 2.1 Z The Contractor shall provide on a 24-hour basis, attendants and sufficient of Boynton Beach Police Department or other Departments. 2.1.7 Storage location sites shall not be changed unless prior written approval is received by the City of Boynton Beach,, 2.1,8 Storage location site shall rneetor exceed Palm Beach County Towing Ordinance 2010-001 requirements and all applicable City / County zoning requirements. 2.1,9 Proof of Contractor ownership or lease of the storage facility shall be provided to the City prior to the commencement of the lease and is a condition precedent and ongoing requirement of the Agreement, RUNRIM 22 1 At a rninimum, Contractor shall own or lease four (4) Class "A" Towing/Recove Vehicles and two (2) Class "B" Towing/Recovery Vehicles in their fleet at time of RFP openir to be considered. 2.2,2 Definition of Vehicle Class specifications (A, B, C) shall be per Palm Beach Coun Ordinance 2011-008 Palm Beach County Towing Ordinance as amended. 11 2.2.3 Tow Truck Class Specification s� ll!11llllil!lll linrillill Will llll� Jill I cra)AXITS-67T11111111i I " Ill I UM �,*)I US i I ft I ( d9IIJI9 IN VPJ dGLIVILM 111`1 U le own or have under lease or under a joint use agreement the following: Option I - &ngle Provider: One (1) Class "C" Towing/Recovery Vehicle and One (1) Class"D" Towing/Recovery Velrl 2.2.4 Additionally, Contractor, at time of RFP shall provide information that Contracto—r will have access through sub -contract, lease, or joint use agreement, to one (I) Lowboy with capabilities to transport all large-scale City Trucks (Fire Trucks and Sanitation Trucks) at approximately 64,000 lbs, The Lowboy shall havw air ride suspension, power winch, pulling capability 12,000 lbs, minimum for dead pull, air brakes with auxiliary a�r supply and shall be a minimum 48' long. 22.5 All wrecker equipment shall have a current Palm Beach County Towing Operator Permit and a valid Inspection Approval Decal on the equipment. Equipment listed Wow shall Page 389 of 897 be outfitted at all times with equipment designated on Palm Beach County Vehicle Inspection Form, ARTICLE 3 COMPENSATION AND METHOD OF PAYMENT 311 The CONTRACTOR shall pay the CITY the sum of One Hundred Twenty -One Thousand and Ninety -Six Dollars ($121,096.00) annually, paid in four (4) instalment payments as specified in Exhibit "B" FEES & PAYMENTS, made quarterly, for the privilege of engaging in this Agreement with the CITY, The first payment shall be made on or before December 15, 2019 and thereafter In quarterly each March 15th, June 15th, September 15th, and December 15t4. MAMMA W1*213WM1W961R*1MrW izrorimm7m - - ___ 3.1.3 The CONTRACTOR shall directly bill the veNcle owner/operator for towing arl storage charges. ARTICLE 4 TERM AND TERMINATION 4.1A This is a two (2) year term contract commencing December 15, 2019 and endi December 14, 2021 This contract rnay be renewed for three additional one-year terms up mutual agreement of City and Contractor, 4A,2 This Agreement maybe terminated by either party for cause upon thirty (30) da 0 1 1CM LdVkVI[ IV L[he PRUPOILY UI Vl I I I OWT, WIWI to CITY. 4.1.3 Notice of intent to terminate, and the reason(s) therefor, shall be given in writ! by, certified mail, return receipt requested or by hand delivery. 4.1.4 Upon the CITY's notification of intent to terminate for cause, the CONTRACTO- shall h8ve thirty (30) days from receipt of said notice to cure any default, provided, howev 4W_tJA; �11 year; or 4A5 The CITYs Police Department may issue a formal reprimand to t CONTRACTOR for any act of omission or commission which, in its sole discretion, is deem to be a violation of this Agreement. Any number of reprimands shall be grounds f termination of this Agreement and/or removal of the CONTRACTOR from consideration Page 390 of 897 renewM of ttie Agreement. The precise nurriber and seventy of reprin,iands thereof to be detert*ned are at the s,ole discrefion ofthe CITY's 1-`ohm Department. 4.1 6 Upoin the cornptlefiun of tt''is Agreement or tennination by either Party, vehicles rnarked for ccrifismatiorby the CITY's Poiiw. Department for use by the ffYs Poke Departnient in accordance with State Statute, wM be towed to the PuNic Safety BLAding Compound, 4 . 1 .7 This Agreement rnay also be terniiinated by the C11Y for convenience upon tflk-ty (30) days written notice by the C1 I Y to CONTRACTOR, In the event the Agreement m terminated fore convenience, the anlrMai francNse fee shaH be jmwated,, ARTICLE 5 ADDITIONAL PROMIONS 5.11 NOTICE. Whenever any party desres to give notice unto any oti"ier party, it must be given by written notice, sent by re%glstered Unfted States maH, Mh return receipt requested, hand dehvery or facsinWe trarmmisslon with rec:eipt of delivery, addressed to the party for whom in is interided and the rernairring party, at the pWces Nast speGified, and the places for gMng of inotice sl'W@ rerT4n such unM they shall have been changed by written notice in oomph retie wiffi the provisions of fts section, For the present, ff,me fNTRAuOR and the UTY designate the Wowing as Itie respecfiv(--.,, pbees for the giving of notices. city. Lo6 L aVerriere, City Manager. ("Aty of Boynton Beach 3301 QUantum Bivd, SUite 101 Boyriton Beach, H 33426 Phoine(f 1( 742-6010 Fax", (561) 742-6011 Copy To; James A. Cherof, City Attorney Goren, Cherof, Doody, & Ezroll, P.A. 3099 IEast ate. mrner,cW BoWevard, Swrite 200 Fort LauderdaIe, Rorida 33308 Phone� (954) 77 't-µ50R Fax! (954) 771-4923 Contractortephanie Beck, Vice President 4 10 N, E. 5`1 Av'e n LAe BOYN1 ON Beach, Fl. 33435 Phore. 561--369-1096 Fax, 561-369-0698 EmaW bec1rstov0ng@aoLcorn ft, 1.2 ASSIGNMENTIAMENDIABY'rs, Aa reemei it, o� any interest herein, 0*ii not be asslgned, Iransfen ed or otherwise encumbered, under any (Arcurnstances,try tl,°ne cowmAm OR without the prior, written conserit of 0TY, For purpq,u*es of fts Agreement, ariy change of ownership of CONTRACTOR shaH constitute an assdgnment which requms C[TY cappirovaL However, this Agreement shall run to the CITY and U successors and assigrm, It lsfurlher agreed ttiat no modfflcaflcun, arnendrnent or akeq°'afion in thee terms, or, conditions contained i mreM shell be eff eafive urAess coasts ned In a whttein dm irnent execuled mth the sarne fmnaiity and of' equa� digrflty herewith. Page 391 of 897 Agreement and are incorporated herein by reference. 5.1.7 SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall to any extent, be held invalid or unenfame,00e, tka reti-2imiar aE and shall continue in full force and effect, and be enforced to the fullest extent permitted by 1,2w. 5.1 .8 -GOTERNING LAW. This Agreement shall be governed by the laws of the State of Florida with venue lying in Pa�m Beach County, Florida, 5.1.9 LEGAL, REPRESENTATION, It is acknowledged that each party to this agreement had the opportunity to be represented by counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply herein due to the joint contributions of both parties. 5.1.10 EXTENT OF THE AGREEMENT. This Agreement represents the entire and integrated agreement between the CITY and the CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. 51 A I ATTORNEY'S FEES AND COSTS. In connection with any litigation arising out of or in connection with the Agreement, the prevalling party shall be entitled to recover reasonable attorney's fees and costs. 5 1 12 PUBLIC RECORDS. Sealed documents received by the City in response to an invit?.tion -2vq- gmerA,,,tt from public recvr4s disclosvie unWthiKy (30)4,-*iys afte-r th", *ening V the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 111907. The City is publ�c agency subject Lo Chapter 119, Florida Statutes, The Contractor shall comply with Flohda's Public Records Law. Specifically, the Contractor shall: Page 392 of 897 5,61-74 -6061 GIBSONC@BBFL.US • Page 393 of 897 yew first written FM DATED this'Z I day of 204. CITY OF BOYNTON BEACH BECKS TOWING & RECOVERY, INC, k.....� ................. � Lod LaVerrie City Manager Staph, I 'Vice President v� u� w (Corporate4,7 8� sa Att 0 . Secretary M M M : wl.; ;. M M ' -: M Ai 1; ♦ MY M M w„ '�"; � M DRANDI COOK (Sig re of Notary Public - State of Florida) my COMMISSION .. Personally n OR wa Identification-,----., Type d1, Identification Page 394 of 897 M. Consent Agenda 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-172 - Approve and authorize the City Manager to sign a First Amendment to the Grant Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for FAU Tech Runway Business Incubator Programming. Explanation of Request: As part of the City's efforts to develop the downtown area and support entrepreneurs and small businesses, the City partnered with Florida Atlantic University (FAU) to provide for the creation, development, and operation of an incubator for startup companies and entrepreneurs. The City provided to FAU, its project contribution of Fifty Thousand Dollars ($50,000) Dollars to be used for programming. This amendment to the Grant Agreement will add language that makes this Grant Agreement concurrent with the terms of the existing Business Incubator Commercial Lease Agreement between FAU and the City. This amendment will also replace language regarding termination and recapture of grant funds, add language to Article 6. - REMEDIES (amended to RESPONSIBILITIES AND REMEDIES), Article 8— NONDISCRIMINATION, and Article 13—REGULATIONS; LICENSING REQUIREMENTS regarding FAU name and logo advertising requirements. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: This project will support the City's vision of an inclusive City that seeks to build an equitable economy that will grow family -wage careers, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities. Climate Action Application: Is this a grant? Yes Grant Amount: $50,000 Page 395 of 897 Attachments: Type Description D ArTIE)indirTIENI'lt l:::::liir'stAirTIEsii'idirTIEsll'It IF::AL.) (':)ir'aii'itAgir'EsEsirylEsll'it D Ag ir'E�'E) rTIE) II'l t IF::AL.) ()ir'aii'itAgir'EsEsirTIEsll'It... IIR21 085 D Ag ir'E�'E) rTIE) II'l t CoirnirTIE)rcia II EsaSE�,Agir'EsEsirTIEsll'ItW/ IF::AL.) Tb'c'h IRLAII'M-ly IR21... 086 Page 396 of 897 AMENDMENT #1 to GRANT AGREEMENT between FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES and CITY OF BOYNTON BEACH This amendment (the "Amendment") with an effective date of October 25th, 2021, is entered into by and between Florida Atlantic University Board of Trustees, located at 777 Glades Road, Boca Raton, FL 33431 (hereinafter "FAU"), and the City of Boynton Beach, located at 100 East Ocean Avenue, Boynton Beach, FL 33435, (hereinafter "City"), (each a "Party" and collectively the "Parties"), expressly amends the Grant Agreement (the "Agreement") entered into by and between the Parties on October 191h, 2021. WHEREAS, the Parties entered into the Agreement and now wish to amend its terms and conditions as stated herein. NOW THEEREFORE, for good and mutual consideration, the receipt of which is hereby acknowledged, the Parties hereby agree as follows: I. ARTICLE 2 —TERM is hereby deleted in its entirety and replace with the following_ The Term of this Agreement shall be concurrent with the term of the Business Incubator - Commercial Lease Agreement between FAU and CITY for the use and enjoyment of the Leased Premises owned by CITY and located at the commonly known Boynton Beach City Hall 100 E. Ocean Avenue, Boynton Beach, Florida 33435. In the event of termination by either party of the Business Incubator — Commercial Lease Agreement, this Agreement shall terminate concurrently under the corresponding Article 4 herein. II. ARTICLE 4 —TERMINATION AND RECAPTURE is hereby deleted in its entirety and replaced with the following: A. In the event that a party fails to comply with the terms of this Agreement, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correctthe default and thirty (30) days within which to cure the defaultto the reasonable satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default within thirty (30) days of receipt of the non -defaulting party's notice of default, the non -defaulting party may terminate this Agreement effective as of the date of receipt of the notice of termination. (00478700.1306-9001821) Page 1 of 3 Page 397 of 897 C. Either party may terminate this agreement by giving the other party ninety (90) days written notice. D. Upon termination of this Agreement, in the event FAU does not expend the funds for programming as set forth in Exhibit "A", the CITY shall have the right to recapture all or a portion of the contribution funds. Notwithstanding the foregoing, CITY shall not have the right to recapture, and FAU shall retain, the funds for any and all noncancellable obligations incurred by FAU in conformance with Exhibit "A", as of the effective date of this Agreement's termination. E. The parties agree that all equipment and supplies purchased with funds obtained as a result of this Agreement become the property of FAU. III. ARTICLE 6 — REMEDIES is hereby amended as "ARTICLE 6 — RESPONSIBILITIES AND REMEDIES" and shall insert the following language directly beneath Article 6's amended Header: Each party agrees to be responsible for its negligent acts or omissions, and the negligent acts or omissions of its officers, employees, servants, and agents when acting within the scope of their employment or agency, and agrees to be liable for any damage or injury resulting from said negligent acts or omissions. The foregoing shall be subject to the limitations provided under Section 768.28 of the Florida Statutes. Nothing contained herein, or in any term or condition contained within this Agreement or any sub -contract, policy or procedure referenced herein, shall be construed or interpreted as (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the Landlord or the Tenant Parties ("Tenant Parties" shall mean to include the Florida Atlantic University Board of Trustees (FAU), its affiliates, the Board of Governors, the State of Florida or any of their respective officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate) to be sued; (3) a waiver of sovereign immunity of the Landlord or Tenant Parties beyond the waiver provided in Section 768.28, Florida Statues; 4) constituting a hold harmless agreement on the part of either party; or (5) the consent of either party, the State of Florida or its officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate to the jurisdiction or authority of any laws, forum or court outside the State of Florida. In the event of any conflict and/or inconsistency between this paragraph 1 of Article 6 and paragraph 2 of Article 8 of the Lease Agreement, the terms and conditions of this paragraph 1 of Article 6 shall govern. IV. ARTICLE 8- NONDISCRIMINATION is hereby deleted in its entirety and replaced with the following: The Parties shall comply with applicable federal, state, and local laws and agree not to discriminate against any employee, student, or applicant based upon an individual's race, color, religion, sex, national origin, age, disability, veteran status, marital status, sexual orientation, gender identity or expression, genetic information, or other protected status. {00478700.1306-9001821} Page 2 of 3 Page 398 of 897 V. ARTICLE 13- REGULATIONS; LICENSING REQUIREMENTS is hereby amended by inserting the following language directly beneath Article 13's Header: Neither party will use the name of the other party, nor of any member of the other party's personnel, nor the logo or any other marks owned or associated with the other party in any publicity, advertising, or news release without the prior written approval from an authorized official of the other party who has authority over such publicity matters. V11. ARTICLE 14 INCORPORATIONP BY REFERENCE is hereby deleted in its entirety and replaced with .. �....a..- ........,w..u�w�.,.,.,.,...�,.,.,.,...ww the following: The Scope of Obligations for this Agreement is hereby incorporated herein by this reference as "Exhibit A." The Lease Agreement attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference as "Exhibit B.". Except as modified by this Amendment, all terms and conditions of the Agreement shall remain in full force and effect and are hereby ratified and affirmed. IN WITNESS WHEREOF, each Party has caused this Amendment to be executed by a duly authorized signatory. CITY OF BOYNTON BEACH FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES Name: Title: Date: ATTEST By: (00478700.1 306-9001821} Page 3 of 3 Name. A)'/"`i'1`1fV / I) L, A/NJ Title: f, p A , ' r� (� � Date: ��, ^'i .. � &f% / ",Z", "", - ATTEST BY fj 6/1' l �-14 - Page 399 of 897 Page 400 of 897 R21-085 GRANT AGREEMENT This Grant Agreement ("Agreement") is made and effective this bay of _ °,� '; °' ,j�:; . ;j", i^ , 2021, by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("City") and THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES, a Florida public body corporate, on behalf of Tech Runway ("FAU"). WHEREAS, the City of Boynton Beach is an inclusive City that seeks build an equitable economy that will grow family -wage careers, advance opportunities for prosperity, collaborate with partners for an equitable city, and create vibrant neighborhoods and communities, and WHEREAS, the core objective of the Innovation Space is to create an entrepreneurial ecosystem that serves as a pipeline to prosperity for Boynton Beach residents, startups, and small businesses, and WHEREAS, the City envisions the Innovation Space as central hub for convening its tenants in a "ecosystem" type of connectivity to provide value added services with the goal of economic growth and innovation, and WHEREAS, the City is seeking an operator to introduce a unique space that provides opportunities for clients such as, startups, entrepreneurs, creatives, engineers, software developers, inventors, outsource professionals, lawyers, financial advisors, business management companies, and residents. In consideration of the mutual promises contained herein, the City and FAU agree as follows: ARTICLE 1— BUSINESS INCUBATION PROGRAM PERFORMANCE OBLIGATION FAU's responsibility under this Agreement is to provide for the creation, development, and operation of an economic development hub to accelerate technology development and incubate startup companies through, structured team mentoring based on the MIT Venture Mentoring process, entrepreneurship instruction and education, preferred access to regional business and tech events, no - cost co -working space, introductions to potential sources of early-stage capital, cash investment awards, marketing and business planning support from college interns, and free office hours from premier professional support firms (attorneys, accountants, etc.), as more specifically set forth in the Scope of Obligations detailed in Exhibit "A"; ARTICLE 2 — TERM This Agreement shall be effective as long as the Lease Agreement between the parties is effective. ARTICLE 3 - PAYMENTS TO FAU A. The total amount to be paid by CITY under this Agreement for the creation, development, and operation of an economic development hub by FAU including, if applicable, "out of pocket" expenses shall not exceed a total amount of Fifty Thousand Dollars ($50,000) Dollars. B. Upon execution of this Agreement by both Parties, CITY will provide to FAU its project contribution of Fifty Thousand Dollars ($50,000) Dollars to be used for programming. ARTICLE 4 — TERMINATION AND RECAPTURE A. In the event that a party fails to comply with the terms of this Agreement, other than payment of funds, then the non -defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non -defaulting party. B. In the event that the defaulting party fails to cure the default, the non -defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. (004551413 306-9001&211 Page 401 of 897 C. In the event FAU does not expend the funds for programming as set forth in Exhibit "A", the City shall have the right to recapture all or a portion of the contribution funds. ARTICLE 5 — SUCCESSORS AND ASSIGNS CITY and FAU each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither CITY nor FAU shall assign, sublet, convey or transfer its interest in this Agreement without the prior written consent of the other. ARTICLE 6 — REMEDIES This Agreement shall be governed by the laws of the State of Florida Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Agreement is intended to, or shall be construed to, create any third -party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of CITY and/or FAU. ARTICLE 7 — ACCESS AND AUDITS FAU shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at FAL"s place of business. ARTICLE S — NONDISCRUVMATION FAU wan -ants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. ARTICLE 9 — AUTHORITY FAU hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to CrFY's representative upon request. ARTICLE 10 — SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 11— NOTICE All notices required in this Agreement shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to CITY, notices shall be addressed to: City of Boynton Beach M552411306-9001921) Page 402 of 897 Attn: City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 If sent to FAU, notices shall be addressed to: FAU Tech Runway Division of Research 777 Glades Road Boca Raton, FL 33431 ARTICLE 12 — ENTIRETY OF CONTRACTUAL AGREEMENT CITY and FAU agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. ARTICLE 13 — REGULATIONS; LICENSING REQUIREMENTS FAU shall comply with the Lease Agreement with the City, and all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. FAU is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. ARTICLE 14 - INCORPORATION BY REFERENCE The Lease Agreement, and Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.) IMS5241.22 &M921) Page 403 of 897 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and yehr first written above, Oxy: ATTEST: CITY OF BOYNTON BEACH 11 Laverriese, Ci �: n, ivlanew AttestlAuthentiosted: THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES O1BIO TECHRUNWAY By:_ Name: Miriam Campo Title: Assistant VP for Research Date:. September 20, 2021 a (Corporate Seal) sa �e ow n if) 6Z C V Ni, Page 404 of 897 Exhibit "A" Scope of Obligations {00032411306-9001821) Page 405 of 897 City of Boynton Programmatic Grant College or Department: Division of Research, FAU Tech Runway Principal Investigator: Jessica A. Beaver Sponsor Name: City of Boynton Project Title: Grant Agreement between City of Boynton and FAU Tech Runway Objective or Purpose The City of Boynton seeks to provide grant funding that will enable FAU Tech Runway to expand its services within the City, provide support and resources to local entrepreneurs and startups, and to bring awareness to the City of Boynton's economic development efforts and numerous resources offered to businesses. FAU Tech Runway Program Overview FAU Tech Runway is a critical component of economic development throughout the region. It provides entrepreneurs with a complete ecosystem In which to train, mentor, fund, and scale their companies from ideation to early revenue stage. In addition, FAU Tech Runway offers collaborative co -working space to participating venture companies. FAU Tech Runway offers entrepreneurship instruction including NSF I -Corps, preferred access to regional business and tech events, no cost co -working space, introductions to potential sources of early-stage capital, marketing and business planning support, and free office hours from premier professional support firms (law firms, accounting firms, etc.) A cornerstone of FAU Tech Runway's success is its mentorship model, based on MIT's Venture Mentoring Service (MIT VMS). Through this cross -functional mentorship model, participating venture companies receive guidance, coaching and introductions to resources. We are also home to the first university -affiliated angel network in the state, FAU Tech Runway Investor Network (TRIN). FAU Tech Runway's performance metrics speak to impact on the regional ecosystem. Companies launched by our entrepreneurs have generated over $278.4 million in revenue, created 642 jobs, raised more than $133.8 million in capital (all sources), provided 199 internships, and have applied for over 120 patents and trademarks as of June 2021. Use of Proceeds Overview The expansion of the FAU Tech Runway program into the City of Boynton is designed to stimulate and advance the City's economic ecosystem by meeting the needs of its entrepreneurs and small businesses. Funding provided by the City of Boynton will allow FAU Tech Runway to expand its incubator/accelerator program into the City of Boynton, thereby reaching a more significant number of early-stage companies and entrepreneurs. FAU Tech Runway's objective Is to offer entrepreneurs and early-stage start-ups with the resources needed to develop their business skills, to scale their companies, and to establish a formal presence within the City of Boynton for long- term growth and expansion. The FAU Tech Runway program will provide local entrepreneurs with educational seminars and workshops, access to funding through grants and other sources of capital, access to student interns, mentoring opportunities, professional business connections, networking opportunities, investment opportunities through the TRIM, and much more. FAU Tech Runway's overall goal is to support and enhance the City of Boynton's economic development efforts through the resources and services provided by the program. Use of Proceeds Summary The operational funds furnished by this grant will enable the FAU Tech Runway program to provide the City of Boynton with the following: (i) educational seminars and instruction for entrepreneurs/small businesses within the City of Boynton; (i�� introductions to sources of capital, including grants and other funding opportunities; Ioo455241.3 3969001921) Page 406 of 897 (v) access to student interns; a venue (literally and figuratively) for potential angel/venture capital investors to review investment opportunities in early-stage companies through the Tech Runway Investor Network (TRIN); support and resources to local businesses and entrepreneurs through University partnerships such as the Small Business Development Center @ FAU, Adams Center for Entrepreneurship, College of Engineering, professional supportfirms (Le., law/accounting firms), and more. 100466241.3 7061A018211 Page 407 of 897 R21-086 Business Incubator - Commercial Lease Agreement his Commercial Lease Agreement ("Lease") is made and effective this "?,j(.9, �` day of 2021, by and between CITY OF B.OYNTON BEACH, 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("Landlord") and THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES OB/O TECH RUNWAY, a Florida public body corporate, on behalf of Tech Runway ("Tenant'). Landlord is the owner of land and improvements commonly known as Boynton Beach City Hall 100 E. Ocean Avenue, Boynton Beach, Florida 33435 and described as set forth below (the "Building"): DESCRIPTION OF PROPERTY: Landlord desires to lease 1718 square feet ("Leased Premises") of the Building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the Term (defined below), at the rental and upon the covenants, conditions and provisions herein set forth. See attached Exhibit "A" for diagram of Leased Premises, and available sign location, herein incorporated into this Lease by this reference. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. A. The term of the Lease shall be for a period of _60 months_ (_5__) years, commencing on October 1, 2021. B. The Landlord hereby grants the Tenant two (2) option(s) to renew this Lease for a period of five (5) years each on the same terms and conditions provided herein. If the Tenant desires to exercise these option(s), it shall so notify the Landlord no later than ninety (90) days prior to the date the original term or applicable renewal term expires. For purposes hereof, the "Term" means the original term and all renewal terms, if applicable. C. Either party may terminate the lease by giving the other party ninety (90) days written notice. D. Tenant shall comply with all terms of the Grant Agreement between Landlord and the Tenant. 2. Rental. A. Tenant shall pay to Landlord annually during the Term rental of $1,800.00 per month. In the event the Tenant elects to renew the Lease for any additional renewal period, the rental cost per month shall be increased by three (3%) percent per renewal period. All payments shall be made to Landlord at Boynton Beach City Hall, Finance Department, 100 E Ocean Avenue, Boynton Beach, FL 33435. {00453709.5 306-9001921) Page 408 of 897 All payments due and payable by Tenant under this Agreement shall bear interest from the tenth (10th) day subsequent to the date due, and continue until paid at the rate established pursuant to § 55.03(1), F.S. 3. Use. The Tenant shall have the exclusive use of the Leased Premises, to be used for educational and administrative purposes, which shall include, but not be limited to co -working and small workshops/seminars tied to the FAU Tech Runway program. The Landlord represents that the Leased Premises may be used for Tenant's intended purposes. Tenant may also use the Leased Premises for any other lawful purpose in furtherance of, or related to, its Tech Runway program administration and operations. Tenant shall only use the Leased Premises during the building's standard hours of operation, as set by the Landlord and as may be amended from time to time ("Building's Standard Hours of Operation"). Tenant may use the Leased Premises outside of the Building's Standard Hours of Operation, provided the Tenant receives prior written consent of the Landlord, not to be unreasonably withheld, conditioned, or delayed, and the Tenant pays for all the additional costs reasonably related to the to Tenant's occupancy of the Leased Premises outside of the Building's Standard Hours of Operation including but not limited to utilities, security, etc. 4. Sublease and Assignment. This Lease is not assignable and Tenant may not sublease the Leased Premises. 5. Repairs, Cleaning, and Maintenance. Landlord, at Landlord's expense, shall maintain the Leased Premises in good condition and repair throughout the Lease Term. This shall include, but not be limited to, the requirement that Landlord maintain, repair, and replace, as necessary, all portions of the Leased Premises, including, but not limited to, the roof, foundations, floor slabs, columns, exterior walls, imbedded utility lines, gutters, downspouts and subfloors, HVAC, parking lot, driveways, sidewalks. Tenant shall be responsible for all Tenant improvements to the Leased Premises and any and all repair or replacement of said improvements. Landlord, at Landlord's expense, is responsible for the following equipment and services to the Building and the Leased Premises, throughout the Term: HVAC, roof, and plumbing repairs, as follows. A. heating and air conditioning equipment, which shall be operated and maintained by Landlord in satisfactory operating condition; B. Roof and plumbing repairs; C. light fixtures and services related to same, including responsibility for replacement of all bulbs, tubes, and starts used in such fixtures for the purpose of furnishing light; {00453709.5 306-9001821) Page 409 of 897 D. basic exterior janitorial services (windows, doors, etc.), and all necessary supplies, including, but not limited to, the provision of trash disposal; and, E. pest control services. Tenant, at Tenant's expense shall be responsible for all costs of interior janitorial services, which will be provided by the janitorial company contracted by the Landlord. The Landlord shall invoice the Tenant for such costs, and the Tenant shall make payment to the Landlord for the additional costs at the same time of the Tenant's next rental payment. All services required above shall be provided on the Landlord's schedule. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, specialty lighting, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease Term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord or any mortgagee or lienholder of the Landlord. Tenant shall have the right to remove the same at any time during the Term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. The Landlord specifically waives any statutory or common law landlord's lien and all rights granted under present or future laws to levy or distrain for rent against the aforesaid property of Tenant on the Leased Premises. 7. Propero, Taxes. A. The Landlord shall pay all public charges and assessments assessed or imposed upon the Leased Premises. B. If applicable, Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. C. Tenant is a tax immune sovereign and exempt from the payment of sales, use, or excise taxes; Tenant shall provide a certificate to Landlord, prior to the commencement of the Lease. 8. Insurance and Indemnit-y. The Tenant is a self-insured entity with a general liability risk management program, including the administration of general liability claims, settlement of claims, a claims prevention program, and trust fund pursuant to Florida law. The Tenant agrees to secure and keep in full force and effect and throughout the term of this Lease, at Tenant's sole cost and expense, the insurance program pursuant to Florida law, and as approved by the City's risk management department. 100453709.5 306-9001921) Page 410 of 897 Prior to commencement of the Lease, Tenant shall provide Landlord with proof of self- insurance. Tenant shall indemnify and hold harmless Landlord and its officers, employees and agents from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of Tenant or Tenant's employees when acting within the course and scope of their employment. Similarly, Landlord agrees to be responsible for its negligent acts or omissions, and the negligent acts or omissions of its officers, employees, servants, and agents when acting within the scope of their employment or agency, and agrees to be liable for any damage or injury resulting from said negligent acts or omissions. The foregoing commitments shall be subject to the limitations provided under Section 768.28 of the Florida Statutes. Nothing contained herein, or in any term or condition contained within this Agreement or any sub -contract, policy or procedure referenced herein, shall be construed or interpreted as (1) denying to any party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the Landlord or the Tenant Parties ("Tenant Parties" shall mean to include the Florida Atlantic University Board of Trustees (FAU), its affiliates, the Board of Governors, the State of Florida or any of their respective officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate) to be sued; (3) a waiver of sovereign immunity of the Landlord or Tenant Parties beyond the waiver provided in Section 768.28, Florida Statues; or (4) the consent of either party, the State of Florida or its officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate to the jurisdiction or authority of any laws, forum or court outside the State of Florida. Each party shall promptly notify the other party immediately in writing of any claim that may be subject to this section. The parties shall cooperate with each other in the investigation and disposition of any claim, provided that nothing shall require the other party to disclose any documents, records or communications that are protected under the peer review privilege, the attorney-client privilege or the attorney work -product privilege. The provisions of this section shall survive the termination of the Agreement. 9. Utilities. The Landlord shall pay for all utilities required by Tenant for its use and operation of the Leased Premises, including, but not limited to, gas, heat, water, sewer, power, and electricity, to the extent that such additional costs for the Tenant's utilities do not unreasonable increase the Landlord's utilities at the Building in relation to the size of the Leased Premises. Landlord has the right to install a separate meter and bill the Tenant directly for the Tenant's utilities, provided the Tenant's use of the Leased Premises causes an unreasonable increase in the utilities at the Building. Tenant shall pay for its share of any costs for Tenant's use of electricity outside of the Building's Standard Hours of Operation; Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. 10. Signs. (00453709.5 306-9001821 Page 411 of 897 With Landlord's approved consent as to the appearance, not to be unreasonably withheld, conditioned, or delayed, Tenant shall be permitted to install signage on the Building or exterior windows, in the location(s) detailed on Exhibit A or as may otherwise be agreed to by the parties. Once installed, the Tenant sign shall be maintained by the Tenant. Any replacement of such Building signage as requested by Tenant for Tenant's own purposes (e.g., in the event of a Tenant name change), and not due to the condition of the sign or otherwise, shall be at the Tenant's cost and expense. If a tenant directory exists at the Building, Landlord shall include Tenant's name in the directory. Additionally, Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's reasonable discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant, except for normal wear and tear. 11. Entry. Landlord, upon reasonable prior written notice to Tenant, shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, perform maintenance, or make repairs as it is required under this Lease, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. Landlord shall have the right to enter the Leased Premises at any time without notice in the event of an emergency, but in such case Landlord will provide Tenant with notice of such entry as soon as possible thereafter. 12. Parkin,. During the Term of this Lease, Tenant shall have the non-exclusive use of at least ten (10) allocated public parking spaces during the Building's Standard Hours of Operation, in common with Landlord, other tenants of the Building, their guests and invitees, of the non -right of way, non -reserved, common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord, at no additional cost or expense. Landlord reserves the right to alter the Tenant's designated parking areas for Tenant and Tenant's agents and employees. Additionally, Tenant shall be entitled to request the parking spaces to be designated for Tech Runway in the event that accessing the allocated parking becomes an issue, as reasonably determined by Tenant and Landlord. 13. Damage and Destruction. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease may be deemed terminated by either party as of the date of such damage. In the event this Lease is not terminated, and the damage or destruction was not directly resulting from Tenant's {00453709.5 306-9001821} Page 412 of 897 negligence, gross negligence, or willful misconduct, the rent shall be reduced during the period of repair or restoration to the extent the Leased Premises are rendered unusable by the Tenant, in the Tenant's reasonable judgment, in the conduct of its business. Such abatement shall continue until the earlier to occur of (a) the date the Tenant reopens for business; or (b) thirty (30) calendar days after substantial completion of Landlord's repair or restoration work. The Landlord shall provide for fire protection during the Term in accordance with the fire safety standards of the authority having jurisdiction over this area, which may include, but not be limited to, the State Fire Marshal. The Landlord shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the requirements of the applicable Building and Fire Safety Codes and the authority having jurisdiction thereof. 14. Force Majeure. Neither party shall be liable to the other party for any interruption, failure, inability, or delay to perform hereunder, if such failure, inability, or delay is due to any cause beyond the reasonable control of the party so failing, including, without limitation, acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, or labor dispute, or inability to access necessary supplies, and due diligence is used in curing such cause and in resuming performance. In the event Tenant's use of the Leased Premises is disrupted due to the events described in this paragraph to such an extent that Tenant cannot, in its reasonable discretion, operate for business for a period of more than ten (10) days, the rent payable under this Lease shall abate during the remaining period of disruption. 15. Tenant's Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for more than thirty (30) days after written notice thereof shall have been given to Tenant by Landlord more than two (2) times in a year of the Term, or if material default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the Term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 16. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the Term of this Lease. Notwithstanding anything to the contrary contained herein, in the event Tenant's quiet enjoyment of the Leased Premises is disturbed, then, after Landlord's cure period of thirty (30) days, in addition to any (00453709.5 306-9001821) Page 413 of 897 other remedies available to Tenant hereunder or at law or in equity, Tenant shall be entitled to an equitable proration of the rent Tenant is required to pay hereunder according to the duration of the disturbance. 17. Security. The Landlord, at Landlord's expense, shall be responsible for providing reasonable security for the Building and the Leased Premises at all times during the Building's Standard Hours of Operation. 18. Buildina Access. A. There shall be open access to the Building during Standard Hours of Operation (as herein defined). At all other times, access to the Building may be restricted, at Landlord's election, by use of a card access system at an entrance to the Building. Within thirty (30) days after Landlord's receipt of written request from Tenant identifying the cardholders, together with appropriate information regarding the individual cardholders (as reasonably requested by Landlord), Landlord shall furnish Tenant, at full cost to Tenant, access cards or keys as requested by Tenant for entering the Building. The Landlord shall invoice the Tenant for costs associated with the card access system, and Tenant shall pay such amounts within fifteen (15) days of invoice. Notwithstanding the foregoing, Tenant shall be permitted to install a security system within the interior of the Premises to control access to the interior of the Premises which may include card readers on interior fire stairs, provided (i) such security system is compatible in all respects with Landlord's base building systems and Landlord's card access system for the Building, (ii) Landlord is provided an access key or code to enter upon the Premises such that Tenant's security system does not otherwise impede Landlord's access to the Premises as may be required from time to time hereunder, and (iii) at Landlord's election, Tenant agrees to remove such security system from the Premises upon the expiration or earlier termination of this Lease and restore the Premises to the condition in which it existed immediately prior to the installation of such security system. Upon termination of this Lease, Tenant shall surrender to Landlord all access cards and keys related to the Premises, and give to Landlord the combination of all locks for sages, safe cabinets and vault doors, if any, to remain in the Premises and in the event Tenant fails to return all such access cards to Landlord at the end of the Term, Tenant shall pay Landlord $25.00 for each such access card not returned to Landlord. B. Community Room Access: With the Landlord's prior written consent and approval, not to be unreasonably withheld, conditioned, or delayed, Tenant may access the Landlord's Community Room located within the Building, provided the Community Room has not already been reserved, on the same terms as the Landlord allows departments and groups from the public to access said Community Room, as may be amended from time to time. 19. Condemnation. 100453709.5 306-9001821) Page 414 of 897 If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease may be terminated by either party when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 20. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 Tenant to: FAU Tech Runway Division of Research 777 Glades Road Boca Raton, FL 33431 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 21. Brokers. Landlord warrants and represents to Tenant that the only broker involved with this Agreement is Danielle Vennnett with Avison Young — Florida, LLC, a Florida limited liability company, representing Landlord. Tenant shall not be responsible for any brokerage fees related to this Agreement or otherwise, and shall be held harmless from and against liability for compensation or charges which may be claimed by the foregoing broker or any related parties. Tenant warrants and represents that no brokers have been involved in this transaction on behalf of Tenant. 22. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. {00453709.5306-9001821} Page 415 of 897 23. Heading. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 24. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. 25. Landlord's Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than thirty (30) days after notice in writing from Tenant to Landlord specifying the default (except in the event of an emergency, in which case only reasonable notice shall be required), Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. Tenant may also seek and enforce any other lawful remedies to which it may be entitled. 26. Availabilitv of Funds. The obligations of the Tenant under this Lease are subject to the availability of funds lawfully appropriated annually for its purposes by the Legislature of the State of Florida and/or the allotment of funds through contractor or grant programs. Tenant shall provide notice to Landlord when it is aware of any such unavailability. Notwithstanding the foregoing, Tenant shall use its reasonable best efforts to secure such funding. 27. Not Consent to Sue. The provisions, terms, or conditions of this Lease shall not be construed as a consent of the State of Florida to be sued because of said leasehold. Nothing in this Lease shall be construed as a waiver of any sovereign immunity of Tenant. 28. Third Parties. There are no third -party beneficiaries to this Lease. 29. Independent Contractors. It is mutually understood and agreed that the relationship between the parties shall be that of independent entities contracting with each other at arm's length towards an independent (004537095 306-9001821) Page 416 of 897 contractor relationship. This Lease does not and shall not be construed to create the relationship of agent, employee, partnership, joint venture or association between the parties. 30. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. The Landlord represents and warrants that the Leased Premises is in compliance with all laws, rules and regulations applicable thereto, including, but not limited to, environmental compliance, fire safety, life safety, and disabled access standards applicable to Tenant owned or leased buildings. In addition, Landlord shall be responsible for causing the Leased Premises to comply with all hereinafter enacted laws, rules, and regulations applicable thereto. The Landlord agrees that the Leased Premises shall be available for inspection by the State Fire Marshall or other applicable authority, prior to occupancy by the Tenant, and at any reasonable time thereafter. 31. Hazardous Material. Landlord represents and warrants to Tenant that, to the best of Landlord's knowledge, the Leased Premises are free and clear of Hazardous Materials (as hereinafter defined). For the purposes of this Lease, "Hazardous Materials" means substances regulated under federal law or by the laws of the state or municipality, in which the Leased Premises are located, and including, but not limited to, asbestos and petroleum -related products. Tenant shall not be responsible for any Hazardous Materials located on the Leased Premises at the time Landlord delivers possession of the Leased Premises to Tenant. . Ex1 )iration of Term. At the expiration of the Term, the Tenant will peaceably yield up to the Landlord the Leased Premises in good order and condition, ordinary wear and tear, damage from casualty and condemnation excepted. It is understood and agreed between the parties that the Tenant shall have the right to remove from the Leased Premises all fixtures, machinery, equipment, appurtenances, appliances and other personal property placed or installed on the Leased Premises by Tenant. If Tenant fails to surrender the possession of the Leased Premises at the expiration or termination of this Lease, Tenant shall pay, as holdover rent, an amount equal to the rent payable during the last month of the Term, prorated for each day that Tenant fails to surrender possession of the Leased Premises, and this Lease shall thereafter continue on a month-to-month basis, terminable by either party upon thirty (30) days' notice. 33. Tenant's Covenants. Tenant covenants that it is public body corporate and that it will maintain that status during the Term of this lease. On written request from the landlord, Tenant will promptly provide proof of and execute affidavits attesting to that status. 34. Final A,yreement. 100453709.5 306-90018211 Page 417 of 897 This Lease terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Lease may be modified only by a further writing that is duly executed by both parties. This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same Lease. 35. Governing Law and Venue. This Lease shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. Notwithstanding any provision in this Lease to the contrary, this Lease shall be subject to and must be in conformance with all applicable federal, state, local, Florida Board of Governor's and Tenant's regulations, policies and/or procedures, including, but not limited to, BOG Regulation 17.001. Each party shall comply with all applicable local, state, and federal laws, rules and regulations, as well as any and all governing agencies, pertaining to this Lease. In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida. {00453709.5306-9001921} Page 418 of 897 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. CITY: ATTEST: CITY OF BOYNTON BEACH d'�m. y d C),J st 1 Gibson, City Clerk Lori Laverriere, Ci Managerma B ty APPRO ;D °fO FORM: Off ce of the it tto rney TENANT: THE FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES O/B/O TECH RUNWAY d" By;,�� Name: Melody Thelwell Title: Director of Procurement Date: August 25, 2021 Attest/Authenticated: (Corporate Seal) Lb -A {00453709.5 306-9001821} Page 419 of 897 6.K. Consent Agenda 12/7/2021 Requested Action by Commission: Approve minutes from the November 16, 2021 City Commission meeting. Explanation of Request: The City Commission met on November 16, 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 1['1LAtE)S liir:LAtE)s 11 16 2021 Page 420 of 897 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, November 16, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:33 p.m. Roll Call Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church. Rev. Jack Copas was not in attendance. Vice Mayor Hay gave the invocation in his absence. Pledge of Allegiance to the Flag led by Vice Mayor Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Penserga requested an update on the MLK project. Mayor Grant stated the discussion on the MLK project will be added to Old Business Item 10A to be discussed after Consent Agenda. Mayor Grant noted that there were items missing from Future Agenda: o Discussion on the impact fee lawsuit. o Discussion on the JKM lawsuit. o Discussion on creating a Citizens Committee Review Board. Page 421 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 All items should be added to Future Agenda as to be determined. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner Katz second the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz stated that he had no disclosures. Commissioner Romelus disclosed that she spoke with Bradley Miller regarding the item on the agenda. She wished everyone a Happy Thanksgiving. Commissioner Penserga disclosed that he spoke with Elizabeth Roque from Centennial. Vice Mayor Hay disclosed that he spoke with Elizabeth Roque from Centennial. He attended the Caregivers Luncheon at Benvenuto's. He also attended the 2021 Veterans Build. On Thursday, he attended the Feeding South Florida food distribution event. He attended the Veteran's Day Celebration. On November 13th, he attended the free Unity Barbeque at the House of Kingdom Worship presented by the Trinity Counseling Center of Florida. He also attended the ribbon cutting of 500 Cafe. He wished everyone a Happy Thanksgiving. Mayor Grant disclosed that on November 3rd, he attended an event with the Independent Electrical Contractors. On November 4th, he toured the Women's Club and presented a proclamation for Diwali. On November 9th, he attended the Caregivers Luncheon presented by A Healthier Boynton Beach. On November 10th, he attended a walking session in the Galaxy Scrub. That evening he attended the FAU Entrepreneur's Open House. On November 11th, he attended a ceremony at the Bluestone Memorial marker on Federal Highway. On November 12th, he attended a golf tournament for Habitat for Humanity. He spoke with representatives of JKM. On November 16th, he spoke with the City Manager of Rauma, Finland. That afternoon he attended the Literacy Luncheon presented by the Literacy Coalition. He spoke with Elizabeth Roque regarding affordable housing. 3. Announcements, Community and Special Events and Presentations A. Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark scheduled for November 20, 2021, from 9am-12pm at Oceanfront Park beach. Kacy Young, Recreation & Parks Director, announced that Oceanfront Bark will be Page 422 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 on November 20, 2021 from 9 a.m. to 12 p.m. at Oceanfront Park, 6415 North Ocean Boulevard. He invited all licensed, well behaved dogs and their owners to attend the event. This is the first of four events being held on the third Saturday of each month. The last event is scheduled for February 19th. For more information contact Recreation and Parks department at 561-742-6221 or visit the website at www.boynton-beach.org/recreation. All parking fees will be waived during the event. B. Announcement by Kacy Young, Recreation & Parks Department Director, regarding the Pearl Harbor Remembrance Day Ceremony scheduled on Tuesday, December 7, 2021, at Tom Kaiser, USN Boynton Beach Veterans Memorial Park starting at 11 am. Mr. Young announced the Pearl Harbor Remembrance Day Ceremony will be on Tuesday, December 7, 2021, starting at 11 a.m. at Tom Kaiser, USN Boynton Beach Veterans Memorial Park located at 411 North Federal Highway. The event is in memory of Pearl Harbor Day and all WWII veterans will be honored. The event will also include a reenactment of Franklin D. Roosevelt's Day of Infamy speech presented by a world-renowned author and a Boynton Beach Resident, Delmas P. Woods, Jr. For more information, contact the Recreation and Parks Department at 561-742-6650 or visit the website www.boynton- beach.org/recreation. C. Announcement by Eleanor Krusell, Director, Marketing & Events, regarding "Holidays in Boynton." Eleanor Krusell, Director, Marketing & Events, announced "Holidays in Boynton." In addition to the lighting of the historic Kapok and Banyan Trees in Town Square, the City of Boynton Beach is going back to tradition with a 30 -foot Holiday Tree that will be placed in Centennial Park. Embracing each side of the tree there will be a Menorah and Kinara display. The tree lighting ceremony will be on Friday, December 3rd, at 5 p.m. Local choirs and bands will perform and food vendors will be available. There will be a variety of children's activities. The Holiday Parade will march down Federal Highway on Saturday, December 4th, beginning at 4 p.m. To be entered into the parade, the event application is available online at www.boynton- beach.org/parade, by emailing events(a)-bbfl.us, or by calling 561-742-6034. All applications must be submitted by November 19th. December's Friday Flick will be held on Friday December 17th starting at 5 p.m. and will feature "The Grinch." Children's activities will be available. The public is encouraged to bring chairs and blankets. For more information, these events can be found at www.holidaysinboynton.com. D. Adam Temple, Development Director will introduce our new Community Standards Director, Candice Stone. Adam Temple, Development Director, introduced Candice Stone as the new Community Standards Director. Candice Stone, Community Standards Director, stated that she is grateful for the opportunity to work with the City, a great team and the great residents of Boynton Beach. She is looking forward to her journey here. Page 423 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Vice Mayor Hay welcomed Ms. Stone. He stated that she is directing one of the better departments and they are a great team. Commissioner Romelus stated that the Community Standards Department needed a lot of workwhen she first became a Commissioner. She has seen improvements and changes over the years under Mr. Temple's tenure. She requested that this continued under Ms. Stone's tenure. Our City is very diverse. Making sure that residents are not penalized for potential language barriers or communication barriers is one of the things that she always makes sure that she is advocating for here in the City. As the Community Standards Director, she will have to be vigilant about that. Not to fine or penalize, but to understand what is the miscommunication with the resident. What can be done better? How can we make sure that our standards are met and done in a way where it is inviting and welcoming? Ms. Stone stated that she does have the same mindset as Mr. Temple. Education and compassion are number one for her. Often the issue is that people do not know what the ordinances are. E. Announce the Boynton Beach Police Department's 30x30 Pledge and watch a video of WPTV'snews coverage of the Department's hiring initiative. Video of WPTV news coverage on Boynton Beach Police Department's 30x30 was shown. Mayor Grant noted that six new officers were sworn in on Monday. He would like the award ceremony to be open to the public again. Commissioner Romelus stated that having women in such leadership in law enforcement and public service is not tangible. From the perspective of a woman, of a mom, of a wife, also now from the wife of a first responder, it is important to have that point of view and so she is proud of our department for making this commitment and for making this pledge. She thanked the Chief and said from the very beginning, he made a pledge to the community that he was going to change and improve our Boynton Beach Police Department. Every year that he has been here, she continues to see his efforts. Now with this pledge, it is amazing. She commended him for his leadership and for taking on this role. F. Presentation of the City's Community Rating System (CRS) improvement from a CRS Class 6 toa CRS Class 5 effective April 1, 2022. Angela Prymas, Utilities Senior Engineer, gave a presentation on Community Rating System improvement from a CRS Class 6 to a Class 5 effective April 1, 2022. Commissioner Katz thanked Ms. Prymas for her presentation. The citizens may not realize that this a reduction in cost for living in the City. Mayor Grant inquired about the history of the City's Community Rating System. Ms. Prymas stated that when she started with the City, the CRS was at a seven and the rating has continued to improve to a six and now a five. Page 424 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 G. Recognize the partnership between the City and Sea Turtle Adventures iCARE and Jaquelyn Kingston, Founder and Executive Director. Mr. Young gave a presentation on Sea Turtle Adventures iCare. Sea Turtle Adventures iCare hosted 60 cleanups at several City parks collecting a total of 2,738 pounds of trash. He thanked Mrs. Kingston and her staff. Jaquelyn Kingston, Founder and Executive Director, on behalf of Sea Turtle Adventures thanked the City for opportunity to collaborate with the City to clean the natural areas over the last 12 months. This project has been a huge success. Out of the 108 participants 75 of them were adults with special needs. The top ten members who completed the most cleanup over the year with an individual who attended 42 of the 60 cleanups are present tonight and would like to take a picture. H. Proclamation recognizing November 16, 2021 as World Day of Remembrance for Road TrafficVictims. Alyssa Frank, TPA Pedestrian & Bicycle Coordinator, will accept the proclamation. Carol Baxter, stated that she hopes that we will have safe roads for pedestrians and bicyclists so that families do not have to celebrate Thanksgiving or Christmas without their loved ones like she does every year. She hopes that more is done to stop pedestrians from being killed, even though Tim was walking across a crosswalk on Seacrest Boulevard when he was hit by a car. He was hit so hard, that his boot traveled across all lanes and landed in a backyard. She hopes that none of us ever have to experience what it is like to get the call that your loved one has been hit. She is thankful to all the police officers and EMTs that came out there to help with Timmy. It was a sad thing to do. She hopes that more money is given to programs to prevent bicyclists and pedestrians from being injured or killed on the street. Alyssa Frank, TPA Pedestrian & Bicycle Coordinator stated 186 lives were lost on Palm Beach County roadways. We have a duty to make our transportation system as safe as possible for everyone. She looks forward to working with the City and reaching Vision Zero in Palm Beach County. I. Proclamation recognizing December 1, 2021 as Impaired Driving Awareness Day. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. Dennis Castro, DUI Officer, thanked the City for their support. J. Proclamation recognizing December 1, 2021 as World AIDS Day. Keturah Joseph, Faith Based CDC, will accept the Proclamation. Gloria Goldstein, Project Director for Boynton Beach CDC, accepted the proclamation. She stated that Boynton Beach CDC has a current program called "Where My Sisters At?". The program is to specific to African American Women and have educated 107 women over a six-month period. Ms. Goldstein thanked Mayor Grant for being part of the Saving Sisters' Lives event. Page 425 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Mayor Grant stated it was his pleasure and thanked Ms. Goldstein for all of the work she does within the community. Vice Mayor Hay noted that Ms. Goldstein also an active member of the Mental Health Committee of Boynton Beach. She is doing an outstanding job in that area. 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) Barbara Ready, 34001 Baez Bay, asked the City to install sidewalks at the Boynton Beach Little League Field. She would like a walkway going out to each of the four fields. She noted that the bathrooms are not ADA compliant. Vice Mayor Hay thanked Ms. Ready for bringing this to the Commission. The City will do what it can to correct those issues. Mayor Grant asked for an update on the Capital Improvement Plan. City Manager LaVerriere stated that the City does have an ADA plan to address all of the City facilities, that will take years to complete. She will get an update to the Commission. Commissioner Katz commented that a private organization had come to the City and wanted to fund enhancements to that facility. He would like an update on that. Shelia Gaines, 2500 Quantum Lakes Drive, Trinity Counseling Centers, announced that on November 13th, Trinity Counseling Centers of Florida Incorporated, partnered with Community Partners to host a Community Barbecue and a Narcan distribution, located at Boynton Beach House of Kingdom Worship. Trinity Counseling Centers was able to take over 200 people and provide 238 doses of Narcan to the community of Boynton. With the help of T. Leroy Jefferson Medical Society and Premier Medical Center of Boynton Beach, we were able to provide education on how to administer and store Narcan properly. Special thanks to Officer Diehl, Officer Shred, and Officer Rivera, who drove the unmarked vans around Boynton Beach, along with Pastor Ray Whitely, and Kevin Joy of Harm Reduction Center to pick up our homeless population for the event. Unfortunately, the homeless population feels that we were attempting to detain them and would not get into the van to attend the community barbecue. The pivotal point was the attendance of the Boynton Beach community. Every culture and every group were in attendance. We witnessed an audience of Black, Asian, White, Hispanic, LGBTQ, Government, Church, children, and the elderly all in the same space for this amazing cause. Trinity Counseling Centers' vision is to build a community by supporting and cultivating healthy mental health. We look forward to working with the Police Department and the City of Boynton Beach for more community events such as our past Community Barbecue and Narcan distribution. Trinity Counseling Centers and dedicated partners will dedicate our time to go into the Glades, Riviera Beach, and Lake Worth. In 2022, we aim Page 426 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 to capture South Florida in its entirety. At Trinity Counseling Centers, mental health matters. Thank you. Mayor Grant requested more information about Trinity Counseling Centers. Ms. Gaines replied that Trinity Counseling Centers is on Facebook and can be reached at 561-660- 0237 or by email at earfullattcc(a gmail. com. Vice Mayor Hay stated he attended the Community Barbeque it was a job well done. Representatives did an outstanding job talking with the public. More people should be educated on how to administer Narcan. Ms. Gaines stated that they are going to corner stores of the community because of the need for Narcan. Store staff will be educated and trained on how to administer Narcan. Ernest Mignoli, 710 NE 7t" Street, stated that the building where he lives has had problems for years. He claimed that the City told him that there is nothing that can be done, he has to go to the County. He stated that he received a telephone call from the Mayor's Office of Boca Raton who told him that they are going to pass an ordinance to inspect buildings. He claims that the City told him that it cannot be done and Boca Raton was wrong. He stated that he is trying to find legal counsel, but everyone is afraid of Boynton. He needs a lawyer. He does not want money, he just wants the City to be held accountable. Gail Mootz, Project Supervisor -Public Works, thanked the City for the time and apologized for the event from two weeks ago. She explained she was a bit embarrassed and was at loss for words. An interesting thing she has learned about a few of her co-workers is they are a bunch of sneaky Petes. She was asked to attend the meeting two weeks ago about a project that she was not involved in. She went into overdrive trying to figure out why does she have to be here. She attended the meeting with her mind still in curiosity mode. Mayor Grant changed gears and moved an agenda item off the list: Tim Howard, Excellence in Public Service Award. She thought, "Who is going to get this award? It so awesome that I get to be here." Mayor Grant read the nomination speech. She was getting excited for this year's recipient and what an honor it will be for them. Then she heard her name and thought, "What, are you kidding me? Did he actually say Gail Mootz?" Yes, he did. All she could think was wow. She was chosen to receive an award where she is associated with a great man, Tim Howard. She stood there looking at the beautiful piece of glass and the inscription totally silent and lost for words, which is very unusual for her. Thank goodness for the City Manager. She was able to have the moment last a little longer and talk about the dream she had of Tim that very morning. She thanked Ms. LaVerriere and all she could say was thank you to everyone: Embarrassing. She now has the opportunity to fix that. She thanked all who voted for her. She said that eight years ago, in fact Thanksgiving will be her anniversary, another blessing to be thankful for on that day, she started a new chapter in her life. She was hired by the City of Boynton Beach. When she introduces herself to others here at the City or at meetings, it is as "My name is Gail Mootz. I work for the Public Works -Facilities Department. My title is Whatever It Takes, Get 'er Done!" She recognized her parents and all those she has crossed paths with in her life's journey and her wife of 25 years. The characteristics that are highlighted in being nominated for this award have been instilled in her since childhood and a learned behavior that makes her who she is. Old Mr. Webster could never define nor could she ever express how 7 Page 427 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 appreciative she is to receive such an award, not only being the first recipient or for who and what it represents, but just the simple fact they chose her. She said thank you. She is so blessed to come to a job every day that she loves, and to work with so many great people. Tim Howard, what a guy. He was a man of integrity, he was reliable, loyal, dependable, hard- working, understanding, creative, organized, and the list can go on and on. These are only a few of the ways she could describe him. She appreciated Mr. Howard for a lot of reasons: his professionalism, knowledge, or just to sit in his office for a few minutes to check in, and especially his willingness to answer, always answer her questions. Along with the beautiful glass award, she received a check and she plans to pay it forward. She has met with the Forest and Grounds Department and a Queen's Crepe Myrtle will be planted along with installing a bench with a plaque dedicating both to Tim Howard. Commissioner Romelus remarked that when we are asked our title, we do not give titles. We ask, "How can I help you?". She thanked Ms. Mootz for being and exemplary example of that. You are a pure living breathing example of what it means to be a public servant and does the job because it needs to be done. You do not look for glory. You coming back two weeks later to give this speech emphasizes so much more why you were deserving of this award. Congratulations! Dave Beasley, 190 South Boulevard, stated he is back again about the same thing. After the last meeting he really hoped that the City would have a workshop with contractors and try to work out some of the problems. He has to take the time to address comments that should not exist. He would like to work this out. Mayor Grant stated that he appreciated that Mr. Beasley coming to the meeting and addressing the issue. He did note that the City did have a few workshops. Mr. Beasley acknowledged that he did receive an email about a workshop but it was for the E -permit Filing System. He was not talking about the E -permit Filing System. He believes that if four or five contractors could sit down with the Building Department and tell them the problems they are having, it would be beneficial for everybody. City Manager LaVerriere stated we would be happy to do that. We do have a schedule of different outreach topics. If Mr. Beasley would like to set up a meeting with Mr. Temple and staff, we need that input. Jackie Carrigan, 2620 NE 3rd Court, stated that the new safety measures installed at Village Royale have been absolutely wonderful. She is sure it will help save lives. Ray Whitely, 223 NE 12th Avenue, stated that an amazing event happened yesterday and he is reading this on behalf of Pastor Richard Dames and the Boynton Beach Coalition of Clergy. Boynton Beach Coalition of Clergy with Faith in Florida exists to build a powerful network of congregations that will address the systemic, racial, and economic issues that cause poverty within our families. We believe that our faith calls us to unite our communities, to speak with one voice, and constructively engage the decision -makers and institutions to address longstanding issues that put pressure on our families. It is, through our model as clergy, we Page 428 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 have come to understand that Boynton Beach is experiencing tremendous economic growth, primarily because of the great work of David Scott, our Economic Director, and the CRA. This is something everyone wants. What concerned the clergy is that the development of Boynton was not being guided through an equity lens. The cliche, a rising tide lifts all boats is not true if your boat got holes in it. And what if you don't have a boat period? When development is not conducted through an equity lens, it places the residents of the Heart of Boynton at risk for displacement. He stated for the record when he says Heart of Boynton, he is talking about the entire historic black community of Boynton. He said you can begin to understand how excited the clergy became once we became aware that the City is the lead in the effort to create an equity initiative. What excites us most is how you chose to develop this initiative. The broad base you have included all groups that face inequalities, capturing data so that the recommendation is not based on emotion. Getting feedback from multiple stakeholder groups, hosting town hall meetings. And finally, you will take those findings and provide an equity blueprint for key stakeholders to follow. This is spot on. With that said, none of us needed this study to know the following as it relates to the Heart of Boynton. One, the solutions are bigger than the City government. Two, the Heart of Boynton will have the highest concentration of inequity findings because of historic Jim Crow segregation policies. We are fortunate to have leaders from faith, civic, social services, health, and labor organizations. We are already meeting and learning how we can work in a collaborative and not a competitive manner. We are looking to ensure that the residents of the Heart of Boynton will become resilient to the negative consequences of gentrification. We want to ensure that the Heart of Boynton develops without displacement. We know nobody is commonly going to hear me now. Commissioner Romelus encouraged Mr. Whitely to finish his statement at the appropriate agenda item. 6. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Motion Commissioner Katz nominated Kerry Clinton as a member to the Affordable Housing Advisory Committee. Commissioner Romelus seconded the motion. The motion passed unanimously. Commissioner Romelus nominated Michael Corbit as a member to the Affordable Housing Advisory Committee. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus commented that the Affordable Housing Committee met for the first time. During that meeting, the Chair and Vice Chair were picked. The board consists of regular citizens and people who care about affordable housing. We plan on doing good work Page 429 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 and bringing good recommendations back to the Commission. B. Authorize members of the City Commission to travel to Tallahassee, FL to attend Palm Beach County Days on January 11-12, 2022. Motion Commissioner Katz moved to approve the authorization for members of the City Commission to travel to Tallahassee, Florida for Palm Beach County Days. Commissioner Penserga seconded the motion. The motion passed unanimously. Mayor Grant requested that a dollar amount be set for travel to Tallahassee, because the Florida League of Cities meets a month later. Commissioner Katz stated that he will only be attending Palm Beach County Days. Vice Mayor Hay stated that he will be attending Palm Beach County Days and would like to know what is left in the travel budget before he decides to go to Florida League of Cities. Commissioner Romelus commented that she will also be attending Palm Beach County Days and she is okay with the Mayor attending Florida League of Cities. C. Ratify the selection of Affordable Housing Advisory Committee Chair Keturah Joseph and Vice -Chair Kevin Fischer. Motion Commissioner Penserga moved to ratify the selection of Affordable Housing Committee Chair Keturah Joseph and Vice -Chair Kevin Fischer. 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 comments A. Proposed Resolution No. R21-151 - Approve and authorize Mayor to sign the Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement with the State of Florida Department of Economic Opportunity (DEO) for Boynton Beach Fire Rescue Station No. 2 - Hardening Grant in the amount of $571,611.00 for project planning, design, administration and construction. B. Proposed Resolution No. R21-152 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) for $40,482 subject to the approval of the City Attorney. 10 Page 430 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 C. Proposed Resolution No. R21-153 - Authorize the Mayor and Police Chief to sign all documents associated with the acceptance and grant agreement for the U.S. Department of Justice, Community Oriented Policing Services (COPS) Office 2021 Community Policing Development (CPD) De -Escalation Training grant subject to the approval of the City Attorney. D. Proposed Resolution No. R21-154 - Authorize the City Manager to sign an Application for Federal Assistance to the Federal Emergency Management Agency for the Fiscal Year 2021 Building Resilient Infrastructure and Communities program for a total project of $215,250.00 including a 25% City cost share of $53,812.50. E. Proposed Resolution No. R21-155 - Approve and ratify reopened and new Articles of SEIU Blue and White Collar Collective Bargaining Agreements. Mayor Grant pulled item 6E. Mayor Grant commented he would like to see future raises more equitable, therefore the people who make the least do not get the least. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-155. Commissioner Penserga seconded the motion. The motion passed unanimously. F. Proposed Resolution No. 21-156 - Approve and authorize the Mayor to sign a new Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street. Proposed Resolution No. 21-157 - Approve and authorize the Mayor to sign a Purchase and Sale Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue and NE 3rd Street. Mayor Grant pulled item 6F Mayor Grant pointed out that the special warranty deed is not included in the back up documentation. He spoke with the City Manager and the City Attorney regarding deed restrictions. The City does have the option to repurchase the property if Lutheran Services does obtain Certificate of Occupancy. The city loses all rights to the property. The two different types of deed restrictions are a fee simple determinable and a fee simple condition subsequent. He asked the City Attorney to explain the difference between the deed restrictions. City Attorney Cherof stated that the basic differences are in simple determinable it is an automatic revert of the property to the grantor of the property, that would be the City. On the Page 431 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 occasion of whatever the stated event is, with respect to a condition subsequent, there is the right to have the revert, but City has to take action to initiate that process. Mayor Grant commented that the strictest thing to say is that if they are no longer part of the Head Start program providing free daycare, the City would get the property back. He does not feel that is necessarily the line to take, and there is the condition subsequent. That if the property is no longer used for non-profit civic purposes, then the City would have the right to get the property back. Commissioner Katz stated that he supports the Mayor. He is correct that if they alter the programing, that should not be a disqualifying factor. Yet if they no longer provide free programing to the community, they are no longer serving the purpose of the property. City Attorney Cherof stated the deed itself can come back to the Commission for approval. Tonight, the Commission is approving the agreement to enter into the transaction but is not going to consummate transaction. It will come back to the Commission for review and approval. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-156 and Proposed Resolution No. R21-157. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Penserga asked for clarification on if the City is still able to obtain the land but it would have to be initiated by the City. City Attorney Cherof replied yes and at that time the Commission would look at the events leading up to the change of use for the property and decide whether or not to take the property back or perhaps what the intended or modified use was meets the needs of the City Commission's expectations going forward from that point. It gives the Commission another opportunity to look at it. Commissioner Katz moved to approve a fee simple condition subsequent to the deed to have the purpose of civic non-profit added to the deed. Commissioner Penserga seconded the motion. The motion passed unanimously. G. Proposed Resolution No. R21-158 - Amend the FY2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. Commissioner Penserga pulled item 6G. 12 Page 432 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Commissioner Penserga asked for an overview of the item. Mara Frederiksen, Director of Financial Services, commented that Exhibit A has the budget amendment for the General Fund. The first line item is department budget transfers, that is the overages and deficits between the departments. That is what we are moving for year-end. It totals to a zero. We are increasing the overall general fund budget from $97 million to $99 million. We are recognizing $1.5 million in revenue of sales tax that we received over our budgeted revenue, so we are compensating the expenditures by the revenue there. Commissioner Penserga inquired about the majority of the $1.5 million Ms. Frederiksen commented that the first line item on Exhibit A, some of it is overage and underage between the department divisions. Then the majority of that is overtime. It is not coming out of the fund balance because the City received revenues over and above. Mayor Grant inquired about using the Florida Textile Recycling program funds. He would like for the Commission to be able to decide where those funds go. Ms. Frederiksen stated that at the time the contract was renewed in September, it was requested that the Commission follows the same standards of the Community Support Fund. $44 thousand has been collected in the Florida Textile Recycling. Commissioner Penserga inquired about the dollar amount that can be requested. Ms. Frederiksen stated that at the time of renewal, it was recommended that a tenth of it go to the Commission. City Manager LaVerriere commented that it was not recommended to use it all. Mayor Grant feels that the funds are meant for the Community. The Commission should receive an additional $2,000 for this fiscal year. There would be $34 thousand remaining in that fund balance. Commissioner Katz stated he would like to have a process in place because it is a larger sum of money. It could be specific to the agreement with Florida Textiles. Mayor Grant stated that it would be best to discuss during the budget hearings and that the Commission at that time understands where the money is coming from. He would like to spend a portion of the money in the next four months. City Manager LaVerriere commented that the Community Support Funds process that is in place now would be applicable to this. There are certain criteria that needs to be met. It is public money and falls under the requirements of approval by the Commission as a transparency. Mayor Grant inquired about how much money is collected annually from Florida Textile Ms. Frederiksen stated approximately $20,000. 13 Page 433 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Commissioner Katz commented that he does not object to a small incremental increase using this funding source. He does have concerns relative to allocating larger amounts of money, on an elected official by elected official basis akin to some of the issues that occurred in Riviera Bach years back and then down in Broward. He does not support increasing discretionary pot that elected officials individually require approval. He said that is pretty much a rubber stamp. He does not want to get into a position where the $44,000 could be divided up, now everyone has $8,000 or $10,000. In Riviera Beach, the concern was that some of those elected officials were doling out money to groups they had relations with. Mayor Grant commented that he has given half of his Community Support Funds to non- profits. If he had the ability to distribute more it would be advantageous for the community. The additional $2,000 per Commissioner and Mayor is within line. Vice Mayor Hay stated that he believed that in the past each Commissioner had $10,000 for Community Support Funds and there were no issues. He does not have a problem with an increase. It would require Commission reviewing and even modifying the guidelines to make sure that we stay within the boundaries. Commissioner Penserga commented that he supports the increase. There is a great amount of organizations we could help out. We are doing a good thing with regarding the concerns of how it can go wrong. He does not understand these concerns. The Commission does review each request and then votes on it. There is a process. There is transparency. Commissioner Katz stated it could be his personal view based on the articles he read. He has never seen a Community Support Fund rejected. There should be more of a formal process than just a rubber stamp. Motion Commissioner Penserga moved to approve Proposed Resolution No. R21-158. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay moved to discuss the use of Community Support Funds from the franchise agreement. Commissioner Romelus seconded the motion. The motion passed unanimously. H. 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 November 15,2021 - "Request for Extensions and/or Piggybacks." I. Accept the written report to the Commission for purchases over $10,000 for the month of October2021. J. Approve the purchase of a Trimax Snake Mower, from Global Turf Equipment Sales & Rentals inthe estimated amount of $37,496.00 for the Links of Boynton Beach golf course as a sole source provider. 14 Page 434 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 K. Approve release of performance bond No.: 4424232 for the completion of clearing and grubbing in association with Cortina I II project in the amount of $140,493.54. L. Proposed Resolution No. R21-159 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for the 50th Annual Holiday Parade to be held December 4, 2021. M. Proposed Resolution No. R21-160 - Approve and authorize the Mayor to sign a land useagreement between the City of Boynton Beach and Journey Church for the 50th Annual Holiday Parade on Saturday, December 4, 2021. N. Proposed Resolution No. R21-161 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and SunTrust Bank for the 50th Annual Holiday Parade on Saturday, December4, 2021. 0. Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal using various means such as JJ Kane on-line auction and GovDeals.com. Mayor Grant pulled item 60. Mayor Grant pointed out that the 1953 police cruiser was on the list of vehicles to be disposed of. He does not want to dispose of the vehicle yet. This vehicle helps with understanding the history of Boynton Beach. He suggests having the vehicle restored before putting up for auction. Motion Commissioner Penserga moved to amend Item 6.0. to remove the 1953 police cruiser. Vice Mayor Hay seconded the motion. The motion passed unanimously. P. Approve the purchase of three (3) replacement vehicles that were approved in the FY21-22 budgetfor an estimated amount of $95,921.00 by utilizing the Florida Sheriffs Association, contract FSA20-VEL28.0. The Florida Sheriffs contract meets the City's procurement requirements. Q. Approve minutes from the November 2, 2021 City Commission meeting. Motion Commissioner Penserga moved to approve remaining items on the Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Agenda Bids and Purchases of $100,000 A. Approve an increase to the approved annual contract expenditure for 15 Page 435 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Building Division "Supplemental Plan Review and Inspection Services" from $350,000 to $525,000. Mayor Grant noted that Item 7A needs to be approved by Proposed Resolution No. R21-165. Commissioner Penserga inquired about the increase in the dollar amount. Adam Temple, Development Director, stated that department utilizes contract services that covers for vacancies in staffing. They help augment the Building Department. In February, the contract was not to exceed $350,000, however staff is trying to correct that to bring it in line with the past three years of spending. Commissioner Penserga inquired about the performance of these contractual services. Does staff recommend that we continue to do more of? Mayor Grant questioned what happened when a citizen has an issue with the vendor that the City is using. Mr. Temple replied that happens occasionally. The citizen can notify the City. There is a complaint resolution process. Staff has ongoing discussions with the vendor. The contract gives the City the ability to have inspectors removed from the City should that be deemed appropriate. Mayor Grant remarked that according to Mr. Beasley, we would like to have a representative from that vendor attend the meeting with the contractors. Motion Commissioner Penserga moved to approve Proposed Resolution No. R21-165. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Approve Amendment No. 2 to Task Order UT -1 C-05 with Carollo Engineers in the amount of $69,930.00 in accordance with RFQ No. 046- 2821-17/TP, General Consulting Services Contract,Scope Category C awarded by City Commission on August 22, 2018 for additional task associated with the Community Rating System 2022 yearly recertification. C. Proposed Resolution No. R21-162 -Approve utilizing the City of Hollywood, FL. Bid No. F- 4664 -21 -RL and Authorize the City Manager to sign an agreement with Juniper Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated annual cost of $335,770.81. The City of Hollywood's procurement process satisfies the City's competitive bid requirements. Motion Commissioner Penserga moved to approve the remaining items on the Consent Bids and 16 Page 436 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Purchases over $100,000. Vice Mayor Hay seconded the motion. The motion passed unanimously. 10. Unfinished Business A. Discussion on the MILK Project and Centennial Management Corporation. (Heard out of sequence) Elizabeth Roque, Centennial Management Corporation, stated it was important for them to be on the agenda tonight. Centennial Management Corporation postponed a closing that was supposed to be on November 15th. They have been dealing the City of Boynton Beach staff to request $2,083,000 from the American Rescue Act Plan (ARPA). She said they thought this money would be coming to them from the ARPA. Ms. Roque stated that on November 1St, she did see a document that had Centennial Management Corporation slated for $2 million which still left the ARPA Fund $3.7 million after giving them the money. She is at the meeting tonight because they need these funds to close. This is not something they ask lightly; they have over $2 million in the project of their own money. It was shocking for them not to be on the agenda tonight. Centennial Management Corporation has put a lot of time money and effort into this Community. She asked if the Commission would approve the $2,083,000 from the American Rescue Act Plan so they can close. Mayor Grant inquired about why the loan Centennial Management Corporation was trying to pull was reduced by a million dollars. Ms. Roque commented that is correct, on top of that we had a lot of cost overrides with construction cost increases and utilities from the City which were nominal. Bottom line is we are still short this money and we need to be able to hopefully get it from the ARPA. Mayor Grant stated that the CRA and the City were trying to spend a million dollars for affordable housing within the Cherry Hill area. That money is currently tied up in that purchase. The issue is how does the City get Centennial Management Corporation that $2 million? Using ARPA funds, the City is not going to get that money back. The City only received so much this year and the City will receive another $6 million next year. He does not know if the City has $2 million from ARPA in the General Fund. He does not know if the City is going to be able to come up with $2 million. How is the City going to fund it, based upon the affordable housing needs? The $500,000 that the City gave to the CRA can be the starting point. He asked if the loan they were going to take out from the bank, if they were expecting an interest rate return over so many years. Ms. Roque replied she would expect so, yes. Mayor Grant stated that the City cannot use ARPA funds for a loan, however, the City can use other funds for a loan. 17 Page 437 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Ms. Roque stated it does not have to come in the form of a loan. They are looking for the funds from the ARPA funds and they can take the ARPA funds as a grant. It does not have to be a loan. Mayor Grant replied that if the City does make it a loan, they would get that money back because it is not coming from the ARPA. Ms. Roque stated what she is really trying to do is get a commitment. It does not have to be today. What she needs is yes, we can give it to you in the form of a grant or a loan. This $2 million if some of it does not actually come to Centennial until the second round of ARPA Funds, that is fine. After the City gets $13 plus million dollars, according to this November 1St document, there will still be almost $3.7 million available. She explained they are requesting a commitment that they can receive these funds. Commissioner Penserga inquired what would happen if Centennial Management Corporation did not get the funds. Ms. Roque responded that it would be a huge impact on the community that they are planning on building. It will make it very difficult to build it. It is also delaying the closing. By delaying the closing, Centennial Management Corporation cannot hold their pricing and their contract falls short. City Manager LaVerriere stated that staff has been in continuous conversations with Centennial Management Corporation. When staff heard that Centennial Management Corporation were having difficulties with project costs, we all agreed that this is an important project to us. Staff brought up the idea of using ARPA funds. Fast -forward $3.5 million left in the fund for the City to do the many things we love to do within those communities is a drop in the bucket. Ms. Shutt had mentioned maybe trying to use some of the ARPA money to help out. We realized we did not have much money left. We paused on the two million. She has reached out to Verdenia Baker with the County. The County has set aside 60 of the 200 million they are getting for affordable housing. She told Ms. Baker that there is a good project in the City and they need some help. Costs have gone up. Would you be willing to use some of your ARPA funds to help us out? She said she would be interested in that and to send her some information. That is where we are now. Ms. Shutt is putting together information. She wants to see if she can get Ms. Baker in the County to allocate the two million. She expressed the interest; it is just not moving as quickly as they needed it to. Ms. LaVerriere said she can give Ms. Baker a call tomorrow. The City has the funding in the ARPA but this will take the balance down to very little. The City would be down to about $3.5 million if we did give the $2 million. There is $5.5 million total of the $13.9 million. The allocations for next year have already been committed. Thuy Shutt, Community Redevelopment Agency, stated that the CRA board has committed approximately $2 million in TIF Abatement to help with the project. Unfortunately, with taxes rebate, that will be fretting through 20 years' worth of time. Ms. Roque states that she needs the money now. The money is still there to help with the $3.1 million shortfall. The CRA also 18 Page 438 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 committed money for the commercial component. Once we get the money back from the Housing Authority auction, we have approximately $925,000 that could be utilized to help with the City shortfall if the County cannot allocate the $2 million. This is an important project for the County because it is bringing in approximately 124 units. Approximately 13 units are at 28% AMI and 111 at 60% AMI. This will take care of low income in that area. It is a beautiful project, but it is that shortfall on immediate cash that Ms. Roque would need, and we are working very hard. Mayor Grant asked Ms. Roque when is the new closing date. Ms. Roque replied that they have not set a closing date. They are going to try and close before the end of the year. Mayor Grant asked if the City gave the $2 million today, when would be the closing. Ms. Roque stated that if the City gives them a commitment for $2 million, she will call the attorney and tell them they are ready to close. Commissioner Katz remarked that the amount requested is significant, but it is an achievable amount. He said he does want to find a solution soon and we do have the money for the affordable housing. The City has that money from the Palm Beach Housing Authority auction that did not go the way we wanted. He would rather see those funds guarantee the development of this project and not acquire vacant land to do infill housing. This is a definitive amount of money that we can work with. This is a significant project that we have worked on for years. Regarding the rest of the potential funds it is in your interest to get a grant. It would be in the interest of the CRA or the City to issue a loan because then we would get those funds back. Is the City able to identify funds and if the County comes through, then that means it is a grant? If the County does not come through. Then the allocated funds above and beyond the 900 would be a loan? Half of the funding would be a grant, the 900 or so, from the CRA and City infill projects. The remainder alone, if the County supports the project, then it becomes a grant. Ms. Shut commented that out of the $925,000 the CRA was only committed to that project for $67,000. We are not committed to the remaining four second bids. The $925,000 is available for this project. We just need to make sure the money, through a separate ILA, we can return the money to the City and the City can give it to Centennial. The CRA Board will probably roll that into an amendment to the Development Agreement that we have already with Centennial. That is an easy fix. As far as the County is concerned, they can directly enter an agreement with Centennial. That way we do not have to go through so many steps of our government pull of money. Ms. Roque commented that if they can have the $925,000 the remaining balance would be about $1.1 million. City Manager LaVerriere commented that the $500,000 of $900,000 is ARPA funds. We 19 Page 439 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 transferred over to the CRA for the auction, that would normally come back to the City. The City is saying keep that is half a million from ARPA with the balance the CRA had budgeted for the land acquisition. Ms. Thuy stated that there is also the million available through TIF for a period of ten years. Ms. Roques commented that would reduce the TIF to one million over 10 years. That is not money that will bring us to closing. That is money coming in over 10 years. Ms. Thuy remarked they can ask the County for the one million if they can give more that is even better. Commissioner Katz commented if we go to the County the request would be for two million. If that does not go some middle ground where a grant/loan they give the two million. Vice Mayor Hay stated that this project has be on a drawing board for a long time. It is very important to him, the City, District II and the County. Whatever we can do to work this out it needs to be done. He stated that he would put this ahead of putting out a half million dollars to employees. He is sure that once we put our heads together we can get this resolve, and continue to move ahead. If we can get the $925,000 then the get the remaining, we certainly He thinks he heard the City Manager say that there is still over three million in the ARPA. City Manager LaVerriere stated that it the total $20 million went to the Centennial project it would leave the City with about $3.5 million for the rest of the ARPA initiatives. We are going to talk about that on December 7t". To be fully transparent we have had an out reach meeting with non -profits. The City received strong feed back on why we are giving so much to one non-profit. Vice Mayor Hay remarked he has heard those comments as well about giving so much to one. Centennial is already out of the ground and have completed one project. This one is up and running versus some of the others that are just ideas. He knows that we can make this happen. Ms. Roque stated that is looks like that as of November 1St, the balance if the $2 million was giving to the Heart of Boynton Village was $3,697,879. If the $500,000 went back to the City, which she thinks is being said that was allocated for the Cherry Hill project would put it over $4 million. City Manager LaVerriere commented that she thinks the $3.5 million reflects the $500,000 coming back so that is already included. Mayor Grant inquired if the City has the ability to offer a loan. Attorney Cherof replied that he can not answer that tonight, this subject matter was not on the agenda and he has not been briefed on the details. Loans can be very problematic under the State Constitution and prohibited. He does not know the details of this transaction. 20 Page 440 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Ms. Roque commented that the ARPA money is supposed to be given out as a grant. Mayor Grant stated he was not talking about ARPA money. He is sure that the Commission can state at tonight's meeting the $500,000. The CRA will have another meeting on November 30th, and then the City Commission will have another meeting on December 7t", the first Tuesday of December. He does not know how the Commission feels about allocating the $2 million at tonight's meeting. He is comfortable with allocating at least $500,000 tonight. Then see what we can do to try to get help from the County. Commissioner Penserga asked for clarity on what the proposal was. What he had heard was that the CRA could give the $900,000. Mayor Grant stated that $500 thousand of the $900,000 was from the City's ARPA fund. Commissioner Penserga commented that the CRA has some portion that could be allocated for this. He also heard that the City with the ARPA funds could cover the remainder. Is that the proposal that is being discussed? With the understanding that the City is communicating with the County with the request that they have to refund the City by transferring over their ARPA funds. To make up the difference that would be giving. Is that the proposal? Commissioner Katz stated that there are approximately $900,000 in combined CRA funds and previously allocated City ARPA funds. The goal ultimately would be to solicit the County from their $60 million pot to put $2 million in to reimburse. He would be willing to meet with each member of the County Commission. He has worked with a number of them for years. This is a direct item that they have allocated $60 million for. He thinks the City has a compelling case given what has happened to the City with regards to the funds that go to the County and are returned in small quantities. The Palm Beach Housing Authority and its recent profit-making endeavor versus affordable housing. He does believe it is the time to go to the County and try to get this two million. That is why he mentioned if we make a commitment for a loan, and then if we got it from the county, that loan would convert into a grant. Commissioner Penserga inquired if the County agrees, would that County be giving that money to the City or would the County have to give that money directly to the developer. City Manager LaVerriere stated that she would have to speak with Ms. Baker. She is worried that a reimbursement may not be something the County is interested in. Commissioner Penserga stated that there needs to be a mechanism in place so that the City does get the money back. City Manager LaVerriere commented that we are exploring all that it is not fast enough What she hearing is hearing from Ms. Roque tonight. We are agreeable to all that. We have been doing it. It is Government and it is not going to be a quick decision on working this out. 21 Page 441 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Ms. Roque remarked if we could get the commitment tonight from the City, with the hopes of the County being able to give the money back to the City. If it has to come to us that is fine we can reimburse the City with the funds. But at least this way, we get the commitment to be able to move forward and close on this project and start building a community that is so needed. We will be able to start doing our marketing and to start doing our lease and letting people know that we have not forgotten about you and we are putting the shovels in the ground. MILK project is coming to light. Commissioner Katz thinks the issue is that we need legal language drafted before we commit. He is comfortable moving forward but not by virtue of a vote tonight to say we are giving $2 million absent any document we cannot do that. City Attorney Cherof stated that the best that somebody could walk out of here with tonight that you could walk out of here tonight is conceptual approval only. There is nothing on the agenda that would authorize the Commission to commit to a legally binding commitment. As a matter, that would have to come back to the Commission as suggested. To answer, one of the previous commissioners' question, the devil's in the detail on this transaction. There are no details before the Commission, and therefore, the Commission cannot act other than conceptually. Ms. Roque stated that there is money in the ARPA Fund. Can you please allocate that to us? It is there. It is available. If you can vote on that tonight great. Thank you very much, and we can get going. I know there are legal needs and other things that are involved in this, but time is of the essence. She is not standing here because we do not want to build it. We cannot hold our prices the banks are getting antsy. We have a problem. Mayor Grant clarified that Ms. Roque is asking that the Commission to conceptually, which means there is no obligation, to approve the $2 million. Based upon what the City Attorney stated the Commission cannot approve anything tonight. Except for staff to move forward with approving it at the CRA meeting on November 30th and then at the City Commission meeting on December 7th. Ms. Roque asked if there can be a special meeting. Commissioner Penserga stated that he would be okay with a special meeting. This project is important. The revitalizing of MILK Boulevard should not be in question. He does not want to lose this project. If he has to attend a meeting for an hour or two that is fine. Commissioner Romelus asked if it could be added to the November 30th meeting. Ms. Thuy stated that there is a special meeting already scheduled for the CRA to hear developer presentations on November 30th. She can work with the City Clerk to have a special City Commission meeting. Commissioner Romelus stated that if the proper documentation is ready she is ok with adding 22 Page 442 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 it to the CRA meeting on the 30th Commissioner Romelus moved to approve the City Commission to have a special meeting on November 30th at 4:30. Vice Mayor Hay seconded the motion. The motion passed unanimously. The meeting recessed at 8:19 p.m. Mayor reconvened the meeting at 8:27 p.m_ Motion Commissioner Romelus moved to amend the agenda to move up Items 9A and B. Commission Penserga second the motion. The motion passed unanimously. �')!_1 (Heard out of sequence) The City Commission heard a Presentation by Dr. Susannah Bruns Ali, Ph.D., Associate Professor, Department of Public Policy and Administration, Florida International University. Commissioner Penserga inquired about the role of the Director of ENI and why it was an independent role and not part of something that already exists. Dr. Susannah Bruns Ali, Ph.D., Associate Professor, commented that this has to be a unique commitment. Without that level of commitment, you are not signaling to your organization that this matters. If it is a token that is added to someone's existing role, that means it is not happening. Second, it is a level of follow-through. If this is someone's sole responsibility. They are going to work with each department, each piece of the organization, each element top to bottom, to ensure that this is happening, and also to give them a voice, or give a place for people to go if they individually have concerns. Dr. Meredith Newman, Florida International University, stated that this person will have responsibility for the holistic, systemic, and synergistic effort in the transformation of the way that work is done through this equity lens. It is a different set of responsibilities that traditional HR director would have. What we also found in our research is that the director ideally would report directly to the city manager. That there would be that a direct line of supervision between that officer and the city manager. What has tripped up some of the cities the ANI director organizationally reported to the HR Director. Who in turn reported it to the city manager. That was the case more recently in Gainesville where the E and I Director and the HR Director did not get along, they were not supportive of one another. The HR Director would go to the city manager and get some approval. The E and I Director had to go through 23 Page 443 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 the HR Director, who then go through to the city manager. This role is bigger and potentially more impactful than just adding it to a current position. Commissioner Katz apologized if he had missed it who does the E and I report too? Dr. Ali responded the E and I Director would report directly to the city manager. Vice Mayor Hay stated that this would be a tremendous job for the director of Equity and Inclusion. What kind of qualifications would best fit this position? He asked for more information on G.A.R.E. Dr. Newman replied that the Government Alliance on Race and Equity (G.A.R.E.) As she mentioned earlier there are networks, governments that focus on achieving racial equity and opportunity. Most importantly, they serve as a think tank. To help local governments, such as Boynton Beach, incorporate best practices for inclusion on social equity. There are 360 current members of G.A.R.E. at the local and county level across the country. It is a small network at this time. G.A.R.E. approach is fourfold to normalize conversations about race and other manifestations of diversity. These conversations are through race, operationalize equity, all of the policies and procedures within the workforce organized within the jurisdiction by building skills and capacity. To normalize, operationalize, organize, and then finally visualize what a transformed organization would look like. Becoming a member of G.A.R.E. will allow the City to engage directly with other like-minded cities. They have a number of really superb resources, including their equity toolkit, which takes cities step by step. In terms of how best to continue to invade what do you agree to implement? Vice Mayor Hay inquired if the membership is free. Dr. Ali replied that the membership is not free. Mayor Grant responded it is a thousand dollars. Dr. Ali commented that currently in Florida, three entities are members of G.A.R.E. one is the City of Hallandale. The second is one of the departments in Palm Beach County. None of us remember the third one. It is a city. It is in the report. But there are three entities close by who are members of G.A.R.E. That will be a good conversation for you, to have together with them in terms of what they get out of it. Is it worth the membership? Our research is very much with the membership. Dr. Ali stated that the role is HR -oriented for the internal piece. Also, someone who understands organizational change would be an important component. A person who can walk that bridge to make sure it is looking at the internal. But keeping everyone aligned with that external effort as well, that this is about serving your community and bridging that gap. In many ways, if you asked me the perfect job description, the perfect job description would be less on you need to have a degree in this degree in that. It would be more about what is a mindset? What is the orientation, what is their experience? What is their openness to embracing this sort of effort? It is also one that requires a lot of collaboration. With G.A.R.E 24 Page 444 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 there are lots of communities who are trying, and they are making mistakes, and they are seeing what works. By having this connection to other organizations and other communities, all of that learning is leveraged. It is having someone who is engaged in that way. Will make it not just, here's what we have, our immediate plan to begin with. Five years from now, ten years from now, that growth can continue and evolve. This is an evolution. This is not a prescription that in 12 months you will be done. Vice Mayor Hay stated that this would be a team of one. Dr. Ali remarked that it is finding someone who will lead this effort as a leader instead of a sole person. This is a full organization commitment. Mayor Grant commented that this is like the ADA coordinator position and what the City has done in the past regarding ADA. That it is not necessarily that aspect of racism, it is a categorization that we have to be compliant with. There is much more to be done. Similar to the Office of Economic Development and Strategy. It is both internal and external at the same time. We know our office Economic Development and Strategy is looking at ways that the City can reduce expenses and increase revenues. He is pleased to have this move forward. Myself, Commissioner Katz, and Commissioner Romelus have four months left to direct the City to get this in place. Hopefully, we can hire somebody before we leave. He is excited to have that extra branch on the executive team. City Manager LaVerriere noted that this individual would be on the executive team. This individual will work very closely with our executive team and collaborate and have the authority of the City Manager's office. She believes that when these responsibilities are embedded in an HR Department, they are not taken seriously. This is a setup for failure. It is not going to be easy. It is going to take time. It is new for everybody, and communication skills have to be amazing. Mayor Grant inquired if Dr. Newman had looked at the National League of Cities, Race Equity and Leadership Program. Dr. Newman replied that is another great model and it is mentioned in the report. One of the appendices in the report is a list of additional resources that we found very useful. Mayor Grant stated that the difficult thing is that the empirical evidence that this does add value. All the public art that we have done in the City of Boynton Beach has added economic value. It is not just in an animate object, it is something that adds value to the City. He hopes that the City can start quantifying the value of adding diversity, equity, and inclusion to the City, both internally and externally. Dr. Newman commented that one of our firm beliefs is not just that what we have produced for you, including training and future efforts, is based on research, but also that we do our research to say what is working. What is not working, what translates, because we do want this to be a model for other communities. In process of our doing our research, we will continue to gather 25 Page 445 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 information about where things are. What we would recommend moving forward. We envision the City as being not one of the best in class, but the best in class. If we can succeed in these efforts. Mayor Grant stated that other cities will be benchmarking the City. Vice Mayor Hay inquired about what are the measurable units and what would they look like? Dr. Newman replied there are different pieces of the puzzle. We always have to be very careful as researchers about claims of causation. What we look for are patterns. We do not have an agreement that we will produce X, Y, and Z performance indicators. Your staff has been kind enough to be open about sharing data. We will be looking through and using more advanced statistical methods to assess where your populations are. We plan on doing both pre -surveys and post -surveys to see where are we can capture an attitudinal change. There will be some places where we are going to be gathering information. That will be based on these efforts and grounded in these efforts so that we can roll it back and make it useful, and make it informative. Dr. Ali added that there are at least two different ways that one could set forth performance indicators. One is transactional. So, did the city hire an E and I director? Did the city conduct employee surveys? Then the more challenging, difficult one is to capture definitively is the transformational key indicators. Such as: To what extent did the training affect behavior in the workplace. Commissioner Romelus commented thank you for taking the time to do this research and to bring it to the forefront. What stuck with her the most is that this is not temporary It is not a report that gets shelved. Then perhaps as future Commissions come, they forget or portions that could potentially be deleted or excised. By the time we get to five to seven years down the road, what we are approving or enacting tonight is no longer recognizable. She proposed and asked the Commission to support this initiative. To put this in the form of an ordinance to be codified and be part of our future. Ultimately, she wants it to be in a permanent format. She wants to make sure that the City learned from the mistakes of what happened in Gainesville and other places. To have fail -safes and safeguards for this position. It will not be easy work that they are going to be doing. They will receive pushback. She appreciates every single person, all the 800 employees who are in this building and this organization. She knows that not all of them agree with this thought process in this change that we are making. Be mindful of that and not be naive to think that everybody's just going to Kumbaya and moving along with this initiative. There needs to be strong mechanisms in place to protect this initiative make sure that it is long-lasting. The effects that we continue to feel of the biases and the racism that are built into the fabric of this country can start to become undone with this work. It is not going to happen overnight. It is not going to happen in 10 years, let alone our lifetime. This is just the beginning. We are just inching at the starting line. There is so much more. She wants to make sure there is stronger language and a stronger follow-through from the City about this initiative. She asked that the Commission concurs with her. Mayor Grant stated that he is happy to concur with Commissioner Romelus, except that is not 26 Page 446 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 going to happen tonight. What he would request from her is to make the motion to approve Resolution No. 21-163. Then to move forward with our second resolution. Then if she wants to codify with an ordinance, is to have the City Attorney come back and discuss what would need to change. Commissioner Romelus moved to approve Proposed Resolution No. R21-163. Vice Mayor Hay second the motion. The motion passed unanimously. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-164. Vice Mayor Hay second the motion. The motion passed unanimously. Commissioner Romelus moved to have City Attorney provide the language for a possible ordinance. Commission Penserga seconded the motion. The motion passed. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. A. Proposed Ordinance No. 21-027 - First Reading - CLM Apartments (ABAN 21- 004) - Approve request for the abandonment of a 119 -foot long segment of the 57 -foot wide SE 21 st Avenue right-of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-027 into the record by title only, on First Reading. Bradley Miller, Urban Design, gave a presentation on the CLM Apartments project. Mayor Grant inquired if there are electric chargers for the tenants. Mr. Miller replied that they have not considered or talked about through the review. One of the things in doing this is we feel like it is going to take the tenant up to a higher quality, and he thinks that would be a good feature to add into attractive even better. Mayor Grant inquired if they would be willing to plant fruit producing plants. 27 Page 447 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Mr. Miller replied that they will talk with their landscape architect. Mayor Grant stated that the City did a study in on urban tree canopies, and palm trees provide less economic environmental benefit than their costs compared to canopy trees. He would like to see more canopy trees. Mr. Miller explained that there are more palms there than other projects of this size. Because the south area of the abonnement there are waterlines. Palms in that area will not affect the waterlines. Mayor Grant asked what kind of features are going to be in the break area. Mr. Miller responded that there will be benches, barbecue grills, and picnic tables. There is some play area that we have not fully designed yet. There are two areas, there is one on the south side of the building and then there is a smaller area on the north side. The smaller area would probably just be a barbeque area. It will give both ends of the community room. Motion Vice Mayor Hay moved to approve Ordinance No. 21-027 on First Reading. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-028 - First Reading - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-028 into the record by title only, on First Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-028 on First Reading. Commissioner Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-029 - First Reading - Approve request for Rezoning from R-3, Multi -Family 11 du/ac to IPUD, Infill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. 28 Page 448 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Mayor Grant tabled Item 8C to the December 7th meeting. City Attorney Cherof read proposed Ordinance No. 21-029 into the record by title only, on First Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-029 on first reading. Commissioner Romelus seconded the motion. Mayor Grant read a letter of concern from Shelly Gare 423 SE 20th Court into the record. "I'm in opposition to the zoning change from MUDR to HDR and additional multi -family residential north-west corner SE 21St Avenue in SE Third Street. I do not believe in changing the zoning from medium, density high density is an improvement to the community. 20th Court is not a passable two-lane road. The community in and around Historic Cottage District of Boynton Beach 21St Avenue, 23rd Court. SE Third Street is now oversaturated, with rental units, low-income families, silver homes, and halfway house. Many, two stories. Family duplexes, having guests the visitors to these rental unit's park on the side of the road, making all the streets, congestion, and one -lane traffic, traffic is very high. I know firsthand 23rd Court is treated like a racetrack with cars driving 50 miles per hour or more. On several occasions when asking the driver slow down, I met with threats and hostilities by the drivers. Residents have requested speed bumps from police patrol many times to no avail. All the homeowners have reported that 23rd Court is blocked by parked cars from attendees of the MCC 12 step meetings. The owner of the low-income multi -family two-story buildings, 2107-2109 SE Third Street is negligent of upkeep, maintenance and community concerns. In 2021, there has been a rash of violent crimes involving guns, battery against women, fugitives, hiding, multiple families living in one unit in his building. This year, I watched tenant at 2107 SE Third Street and his friend returned to the first -floor unit after rounds of gunfire shot at Federal Avenue, upon complaining to Larry, he continued to allow the tenant to live there. This was their second offense complaint of recent bombing again. From this unit, all the homeowners are afraid and intimidated to call the police of retaliation and threats coming from his buildings. I propose that the owner and developers, other two-story low-income, multi -residential buildings improvement model existing buildings, yield higher -income tenants. Below requesting changes, any zoning laws are not even ever proven to have the community in mind." Mayor Grant feels that the new units will improve the community. Mr. Miller stated that it will be a big improvement. There will be a total of 26 parking spaces for 12 units. There is current 13 parking space for eight units. Additional lighting and landscaping. Contrary to what the letter says the tenants that were involved in the shooting incident were removed. Commissioner Katz inquired about the security cameras. Is the owner willing to allow the Police Department can have access to the security cameras? Mr. Miller responded absolutely. 1T= 29 Page 449 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 City Clerk Gibson called the roll. The vote was 5-0. D. Approve Major Site Plan Modification for CLM Apartments to allow the addition of a four (4) unit apartment building, associated parking and related site improvements, on a 0.86 -acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. Motion Commissioner Penserga moved to table item 8C. Commissioner Romelus seconded the motion. The motion passed unanimously. E. 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. City Attorney Cherof read proposed Ordinance No. 21-026 into the record by title only, on Second Reading. Mayor Grant asked if any changes were made to the ordinance after First Reading. Mr. Temple responded no changes were made. Motion Commissioner Katz moved to approve Ordinance No. 21-026 on second reading. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Hear a Presentation by Dr. Susannah Bruns Ali, Ph.D., Associate Professor, Department of Public Policy and Administration, Florida International University. Proposed Resolution No. R21-163 - Accept the recommendations of the Diversity and Equitylnternal Systems Benchmarking Report. (Heard earlier in the meeting) W Page 450 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 B. Proposed Resolution No. R21-164 -Amend the ADA & Inclusion FY 2021-2022 budget, whichwill adjust budgeted appropriations, include a new position titled Director of Equity and Inclusionand rename the department to Office of Equity and Inclusion. (Heard earlier in the meeting) 10. Unfinished Business A. Discussion on the MILK Project and Centennial Management Corporation. (Heard earlier in the meeting) 11. New Business A. Discussion regarding the end date for the hybrid model of meetings given the declining severity of COVID. Mayor Grant stated that he feels that it is advantageous for the City Commission meeting to be hybrid meetings. If we had the amount of staff here that we do online there would be another 10 to 15 people in Chambers. It is advantageous that residence throughout the world have the ability to attend and speak at our meetings. He does not feel that anyone has abused public comments virtually. Commissioner Katz stated that he requested this addition to the agenda because COVID restrictions have been lifted. Return to normalcy would require a discussion on this. There has been no abuse yet, as time has shown us, people will find a way to abuse things. His other concern is that he is not certain other Commissioners could run the meeting both in person and virtually. He does not want to pass this on to the next Commission when we created the change for a specific purpose. He feels that a decision needs to be made and not to force it on the next Commission. His position is to set an expiration date on hybrid meetings and return • 71• u.i91'ti fie, Commissioner Penserga asked what date is he purposing. Commissioner Katz replied the January meetings. He wants to invite people back to chambers if conditions are safe. He wants to see staff come back. The New Year is a natural breaking point. Mayor Grant stated that there was roughly 10 staff members still in attendance virtually. He thinks that it provides better access for people. To stop the hybrid meetings and then have the next Commission say that they want to start the hybrid meetings again, is the wrong image. Vice Mayor Hay stated that he agrees with Mayor Grant. The numbers are not back to the normalcy that he would like to see. The hybrid is convenient and we have more people view 31 Page 451 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 and comment at the meetings more than before. He understands that he wants people to physically come back. He does not think there has been a challenge with them being online. He does not have a problem keeping it as is. Commissioner Romelus agreed with Vice Mayor Hay she sees no issues with continuing the hybrid model of the meetings. She would agree with Commission Katz that it might be a little bit complicated for somebody to run the meeting both in person and virtually. She suggested training for the new Mayor on how to run the meeting both in person and virtually. IT staff has done a tremendous job making this model work. She noted that she had asked for this model long before COVID. For people who cannot show up in person, people who do not have the flexibility to be here on a random Tuesday night at six o'clock. Because maybe they have kids, or they have work. They can still attend and still can have a voice and be a part of the civic process. Even contribute their input online as several of the members of our community have done. She is in favor of keeping it in this hybrid format. Commissioner Katz clarified that he did not say that the Vice Mayor could not run the meeting. He was saying that no one else has been trained in the virtual platform. Mayor Grant stated is not a complicated system to learn how to use. The next Mayor should be able to use it with a half hour to an hour training with ITS. He did ask if the Advisory Board meetings were hybrid. City Clerk Gibson stated that Advisory Board meetings are in person only. Commissioner Romelus asked if the Advisory Board meetings are recorded and available on YouTube. City Clerk Gibson replied that only the audio recording is available online through the City website. Mayor Grant stated that if someone wants the transcription of the meeting then they can get it. City Clerk Gibson commented that it would be the minutes of the meeting and if they want to listen to the meeting they can do so online. Mayor Grant clarified that is someone wants a verbal transcription of a meeting because they can not hear it. A verbatim transcription is possible. City Attorney Cherof stated that they would have to pay for a verbatim transcription or have a private service to do the verbatim transcription. There is a notice on the meeting agenda that indicate the people responsible for obtaining that type of record. Mayor Grant inquired if there has been a request for ASL interrupter for a board meeting. City Clerk Gibson replied that we have not received a request for accommodations. 32 Page 452 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Commissioner Penserga asked if the advisory board meetings happen in Chambers. City Clerk Gibson responded that advisory board meetings are scheduled for Commission Chambers whenever possible to accommodate proper recording. Commissioner Penserga inquired about why it is audio only. Katheryn Matos, Assistant City Manager, stated that the City spends approximately a thousand dollars per public meeting for video assistance. Video assistance for advisory boards would have to be considered for future budget. Commissioner Penserga stated that he doe not understand the difference between audio and audio video. Mayor Grant stated that there is a big difference. Between the close captioning and having audio recorder the way it has been done for decades. Commissioner Penserga emphasized you are saying that when they are recording the audio, we have to pay more for someone to turn on the cameras. Assistant City Manager Matos stated that it is much more involved than that with having the captioning, with having a live interpreter. The people in the back are making sure that the audio is good. If you remember when the chambers were still under construction and when we were doing the meetings with the Mayor in the Community Room, the quality of production was much lower. That is because we did not have the whole setup that we have here at the setup. We do not have the staff to manage that at this time. Our IT staff is working 40 hours a week and then attending these meetings and the CRA board meetings to accommodate these meetings that really would be a much larger budget item if we were to go that route. Commissioner Romelus clarified that Commissioner Penserga is asking is it possible to just record the meeting without all these extra enhancements, just simply recording the meeting that could be uploaded onto YouTube. Commissioner Penserga commented that the cameras are already here just turn them on. City Manager LaVerriere thinks it would be a still camera versus the camera picking up each speaker. We will find out what it costs to do that. We are going to need someone probably to make sure the cameras are videoing properly. It is staff time or a contractor and production of the video. It is not as intense as the GoToWebinar platform and everything that IT does on top of folks in the back. Commissioner Romelus stated that if we are going to do that, the only board that she thinks it would be necessary to do that for would be the Planning and Zoning board. She does not feel it would be necessary to do that for all the boards on our repertoire. 33 Page 453 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Mayor Grant requested the costs associated with the fixed camera for a meeting. City Manager LaVerriere asked Mr. McNally if she oversimplified the process. John McNally, ITS remarked that it is primarily staff time, the extra hours in the day. We could get a price quote if you wanted to outsource that. City Manager LaVerriere inquired if it would be a fixed camera in the back. Or can we use the cameras we have set it for one setting and record it? Mr. McNally replied that we could set it for one wide shot, and then unless you are going to have the liaisons of your advisory boards, do that for us, which is somewhat of a technical aspect. You would require somebody from IT to staff every one of your advisory board meetings. Commissioner Penserga stated he does not want to belabor the point. His common sense is telling him if somebody is here recording the audio, they can turn on the camera and record video. At the same time, they are already here. Teachers do this left and right at a much higher level. This should not be complicated. Again, he does not want to belabor the point. If there is some technical aspect to this that he does not understand, that is fine. But if somebody's already here recording the audio, just turn on the camera that is facing the dais. It should not be that complicated. Commissioner Romelus commented not to belabor it. She thinks that once the video is recorded it than has to be edited. The branding has to be added. It then has to be uploaded to YouTube. There is a little bit more than just turn on the camera. Mayor Grant remarked that there is a cost associated with recording the meetings. He thinks it could be an extra few hundred dollars for each meeting. Commissioner Penserga stated that he did not realize there would be a cost of turning on the cameras. Mayor Grant commented absolutely. Talk to any production company, and they will tell you it is expensive to turn on the cameras. Commissioner Romelus stated that the attendees of an advisory board are City staff and the board. It is a little bit more where you have to bring in other staff members, sit in the backroom, and man the camera, even if it is just a still wide shot. If there are any IT issues or technical difficulties you will need IT staff to fix them. She agrees with Commissioner Penserga. That is why she also said maybe it might be better to record the quasi-judicial boards. Disagreements occur on that board that then come directly to us. That would be probably the best board for video recording capacity if you are asking for it. There was a consensus to get the costs associated with recording the Planning and 34 Page 454 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Development board meetings. 12. Legal A. Proposed Ordinance 21-030 - First Reading - Approve Ordinance amending Chapter 2. "Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is herebydeleted in it's entirety and replaced with a new Section 2-56(c) to amend the process to dispose of City -owned real property. Mayor Grant stated that he is not happy with item d, when appraisals are needed. He feels that anything under a half million dollars is as needed is not right. He thinks that anything under hundred thousand dollars an appraisal is not needed. The amount would go from a hundred thousand to one million and line 80 would be a hundred thousand. Commissioner Penserga asked for clarification on the dollar amounts that are to be amended. City Attorney Cherof replied that in subsection B on line 77 it would go from one hundred thousand to one million. Then on line 80 it would be five hundred thousand to one hundred thousand. Motion Commissioner Romelus moved to approve Ordinance 21-030 on First Reading as amended. Commissioner Katz seconded the motion. 1T= City Clerk Gibson called the roll. The vote was 5-0. 13. Future Agenda Items A. Sign Code Amendments - December 7, 2021 B. 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 C. Consultant Presentation of Housing Needs Assessment - December 7, 2021 D. School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 E. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question -January 18, 2022 F. FIU Presentation of Racial and Social Equity Community Needs Assessment 35 Page 455 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 Findings - January 18, 2022 G. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022- 2027 Strategic Plan Framework - January 18, 2022 H. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 I. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD J. Discussion regarding adjusting traffic signal timing for pedestrians during off- peak hours. - TBD K. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) L. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance.(Tabled from the September 21, 2021 City Commission Meeting.) - TBD M. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Parkfor Latosha Clemons - TBD - first meeting in January Mayor Grant requested an update on cafe vendors for City Hall and Arts and Culture Center. City Manager LaVerriere stated that staff has been speaking with Feeding South Florida and exploring some possibilities which will be included in the update to the Commission. Whether or not we want to consider that cafe space an incubator format from a food cafe standpoint. Mayor Grant remarked that he would be ecstatic. The Community Caring Center took over our library cafe for a while. The fact that they have the Community Caring Center as part of their strategic plan. That would be something he would be in favor of within the next couple of months that we could get the ball rolling, Commissioner Romelus stated that she would be ecstatic to add that feature to the cafe area. Especially since the only food incubator spaces are in West Palm. City Manager LaVerriere stated this would be Feed South Florida can teach a barista program. It is not a cooking kitchen, it will be reheating, smoothies and sandwiches. Someone can come in and learn how to run a restaurant and prepare food. We still have to bid it out and we have been working on that scope. Mayor Grant stated that he would like to discuss Item 13M at the January 4t" meeting. Page 456 of 897 Meeting Minutes City Commission Boynton Beach, FL November 16, 2021 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 10:23 p.m. ATTEST: Crystal Gibson, MMC, City Clerk Tammy Stanzione, Deputy City Clerk 37 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 457 of 897 7.A. Requested Action by Commission: Approve the purchase of forty six (46) sets of firefighting bunker gear at a discount price of $129,812.00 via the Lake County Contract 17-0606B. The Lake County Contract meets the City's competitive bid requirements. Explanation of Request: This is a budgeted item for the fire department bunker gear replacement program. This equipment purchase allows the department to maintain consistency and safety with state of the art fire gear. How will this affect city programs or services? Will help protect our firefighters. Fiscal Impact: The cost of this gear was planned for in this budget year in account 001-2210-522.52-23. Under the Lake County Contract the vendor offers BBFR a 44% discount off retail due to being a repeat and high-volume purchaser. The vendor has given BBFR an additional 5% discount off the Lake County Contract. Alternatives: None: Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: This purchase is part of The Fire Department's Budget Plan with respect to ensuring each firefighter has two complete sets of fire gear, to comply with the National Fire Protection Association and best industry standard practices for cancer prevention. Climate Action Application: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Bennett Fire Products inc. Start Date: 7/1/2017 End Date: 6/30/2022 Page 458 of 897 Contract Value: Depends on items purchased Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Dates given above include the one year extension, with a final expiration of 6/30/22 Attachments: Type Description 4: L.aiOtE)s (.'))lolbE) Il.:all.:IlE QL.aiOtE) Ca:air:tira ct Ca:air:tira ct 1.....a kE) COLAII'Ity Coir:tira ct 1.....a kE) COLAII'Ity Coir:tira ct IC:: AE)Ir:a:>li0111 Page 459 of 897 E Quotation Bennett Fire Products Co., Inc. www. Beininett Fi rePiroducts.com November 15, 2021 Ms. Ouida Hall, Administrative Assistant Boynton Beach Fire Rescue 2080 High Ridge Road Boynton Beach, FL 3342 Discount in reference to Lake County, FL Contract 17-0606, expires June 30, 2022, 44% from manufacturer's current 2021 list price for 2021 for Globe Gxtreme 3.0 and GPS Trousers. Globe Price Lists dated 3/l/2021 are in effect at time of Lake County Contract/quotation. Contract may be viewed in its entirety at wwwdakecountyfl> ov. To find information regarding this contract, follow the instructions below. Globe Gxtreme 3.0 Jacket per BBFR specifications, plus Red Line flag on sleeve and Fire Department patch Retail Price - $2,868.69 each Lake County Contract Discount — 44% - $1,606.47 each 46 Jackets Boynton Beach Price - $1,463.00 each Total Price $67,298.00 Globe GPS Internal Harness Ready Trousers per BBFR specifications, plus emergency escape belt Retail Price - $2,664.76 each Lake County Contract Discount — 44% - $1,492.27 each 46 Trousers Boynton Beach Price - $1,359.00 each Total Price $62,515 Grand Total Price of $129,812.00 Page 460 of 897 FOB Boynton Beach, FL Prices include shipping charges Delivery: 150-180 days after receipt of order Terms: net 30 days Thanks for giving us the opportunity to serve you! Danny Bennett, bennettfire(&- att.net, 770/402-9910 Local Representative, Bob Reardon, reardon7575(rc�7,att.net, 561/644-5722 Instructions for downloading Lake County/Bennett Fire Products Company contract information: Visit the website www.lakecountyfl.gov. 1. View the left hand column, click on "Doing Business with Lake County". 2. View the left hand column, click on "View Term and Supplier Agreements". 3. Under the Search for Contracts space, type Bennett Fire 4. Contract 17-0606 will appear and the full contract or parts can be downloaded. If you have trouble finding the information you need regarding this contract, or if you need additional information, please contact Danny Bennett at bennettfire&att.net or 770/402-9910. Page 461 of 897 Mo'if' Modification Number:Three (3) Contract Number: 17-0606B FEffective Date: 6/30/2020 Title: Fire Equipment Parts -Su lies -Service Effective Date. July 1, 2017 Contracting Officer; Amy Munday Contractor Name and Address: E-mail: aaLt,!iAxN_(a__ Name: Bennett Fire Products Co., Inc. Telephone Number. (352) 343-9389 Address: P.O.Box 2458 Issued By: Procurement Set -vices City: Woodstock, GA 30188 Lake County Administration Building ATTENTION: Danny Bennett 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 INSTRUCTIONS. Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten.10) dgys after racer t. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION: Extend contract one (1) year - expiring June 30, 2021. CONTRAC311 SIGN��,M.BL.00K LAKE SIG';RE BLOCK Signature: Signature; 7kTy Print Name: .4 414 4 11A elf 'd Print Name: 1 Title: ere- s, eAt Title: Contracting Officer Date: Q 1A I A Cl Date: k'ibet,,a,, I / Z 2.0 2 0 E-mail: h e- Im P_ � A, -'e_ & A,. H. 4e- Secondary E-mail: I-Aemet b?"j!! P_ 41 A44; 1. f -.O^ Distribution: Original — Bid File Cod y — Contractor Contracting Officer 11ROCUUME'NI MANAG0N'W'N1 ANDHM)G1`1 SEAWFS P 0 KA 7800 - :i:7 W MAIN 51 , TAVARFS IT x2778 P 312 'Y'4,3 98,19 - 1" �_52 t43 9473 board of Covy'o) . lcww k3hx ouneyfl g4n' Page 462 of 897 LAKE COUNTY FC -0-- R 1—D -A' - MODIFICATION OF CONTRACT 1, Modification No,: 2 2. Contract No.; 17-0606B Effective Date: July 1, 2019 Effective Date: July 1, 2!017 3. Contracting Officer: Amy Munday 5. Contractor Name and Address., — Telephone Number: (352) 343-9765 Bennett Fire Products Company, Inc. 4. Issued By: P.O. Bo,x 2458 Procurement Services Woodstock, C.A. 30188, Lake County Administration Building Attn: Danny Bennett, President 315 W. Main St., Suite 441 Tavares. Florida 32778-7800 6. SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return -this form to address shown in Block 4 within ten (I QLdays after receipt, preferably by certified I ed mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to original of contract, which was previously provided, 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year, expiring June 30, 2020. Updated Pricing Forrns are also incorporated in this contract modification; please see attached. Title: 8. Contractor's Signature REQ 9. Lake C unty, F1 'da Ilt Name:-b4AA geflole-tf By Titl Title: pra5I'de't t n racting Officer I r -le 4 , 2- Date: �' 11 V Ae ) Date 10. Distribution., Original - Bid No. 17-0606B Copies - Contractor Contracting Officer Vie FS P.O BOX 78(10-315W.M,r%INST..,rAVARL",S. FL32778-P352,343.9831)- F351343.9473 ITM 0 1 ) I S t) L 1. 1 VA N SIAN M. IARKS, W1 N DY R r, R B 1, N N IESI.11, C'k'�l r I 0�.' I low Iti,NKI Dj arh t j Mori'm I Dillrr.?3 Okfriet 4 Diifyirl ; Page 463 of 897 ATTACHMENT 2 -- PRICING ri oRm Cttrr<;nt brands in use by the Dire Rescue Division include the following. Nease complete the following information for those brands supported by your firm, Enter ••yes" or "no" for stocking; distribukir. If you represent other manufacturers for sirni lar Circ -related cquiptrtent, parts, or supplies not listed, please add the manufacturer and pricing information in the blank spaces at end of pricing table. prt&n1„.�/.3y.� "11'3k Yt_ Sh 3M COMPANY oUnL Fn�/■rl��4p{/3_i i (`a�f.�$ap�iJYY'l`n(Al� ani err�Ce'-. 4�' - 'tdf`ilYl Dlsttiiibtito�? . ABLE SHO MF ACTION All STOCK AIM AJAX AKRON BRAS5 ALI, AMERICAN FIRE HOSE ALLEN SYSTEMS ALOCOLITE. AM1I EX AMERICAN FIREWFAR ptal NoA9 wr�11 1 U S AMERICAN LAFRANCE ANGUS ANS UI FDAMS _ APPLECROFT 8 & B ENTERPRISES B10 S EMS BLACKINTON BADOES -- BOUTON CO ..., – .._.. BULLARI3 _ _.., CALIFORNIA MOUNTAIN —�-- CARNS BROTHER now&CaQASA45A 30 CAST PRODUCTS �en�� dive Prr�dv��5 Page 464 of 897 CHARKATE CHUBB (FOAM) CHURCtI VILLE CIRCUL AIR COLI; 3 COLLIN AXES COLLINS DYNAMICS (ROM CORP COUNCIL TOOLS CUITERS EDGE. CW NEIL,SI,N DARLEY & CO DAVID CLARK DIS SMITH INDIAN TANKS DICKE TOOL DRAEGER ENGINEERED SOLUTIONS DRFXEL DUO SAFETY EDISON EDWARDS AND CROMWELL EDWARDS MFG EWIART BRASS ETI EMERGENCY TECfINOLOGY EXTENDA LTTE (AKRON) FEDERAL SIGNAL CORP FIRE HOOKS UNLIMITED FIRCDEX FIRE POWER F IREQUIP FLAMEFIGHTER &mm lire Pr4,d-,)As Page 465 of 897 TOM A TANK CEMTOR GLASSMASTER WFUR GLOBE now tr) e 6 M5A t? i GLOVE COM' GORMAN RUPP PUMPS MALE FIRE PUMPS 'Lf AM10A v' bCVY 0 I4ARRINGTON HAZARD CONTROL ficBERT - HOLMATRO IfONEYWELL PRO HUMAT HUSKY HYDRA SHIELD IMPERIAL IIOS,E IOWA AMERICAN: JANESVILLE JUSTRI rli JV MFG KAPPLER KENDALL PRODUCTS K,OCHEK KOEHLER MFC CO KUSSMAUL LACROSSE BOOTS LIFE, LINERS INIONS UNIFORMS Page 466 of 897 LOUIS PRYER LOWELL MAG INSTRUMEN'T'S MANN AXE MAILS SIGNAL LIGHT MC PRODUCTS MORAN (FLASH.) MORNING PRIDE MSA NATALE (CIRCLE D) NORTH AMERICAN FIRFHOST NOVA - NUPLA PACIFIC.REFLEX PARATECH PARTNER PAUL CONWAY SHIELDS PELICAN -7% 1'lw P I PROTEXALL,. `, PHOENIX PIERCE PIGEON MOUNTAIN INDUSTRIES PLANO R & B FABRICATORS RANGER RUBBER ,nn.,s Nvn well 10 fa RAWHIDE FIREHOSE REDHEAD BRASS REFLE�CITI; 811m o ('re Pfelk4tS Page 467 of 897 RICE HYDRO CO SCBAS SCO°I"T AViAI'!ON sECUIUTiwx SENS113LEr MOUN'T'S SERVUS .BourS SHELBY WOLVFRlNg e !� SNAPTITE SNORKEL SOUTH PARI SIGNAL VEIRCLE PRODUCTS CLASS ONE (SPAN I NS'E'E2 UME.1�!'I'S) SPUMIFEK STERLING ROPE SUPERVAC TNT TOOLS TASK X OR4m "E'TPS TFTOROG000 Hours SUPERIOR PNEUMATIC T TASKMASTER TEAM EQUIPMENT TE3LELITE TEMPEST PANS 'T"OMAR TOPPS - TURTLE PLASTICS UNDERWATER KINE'T'ICS -- UNITY LIGI:E°I'S � VA.NNER Spml eH F re. P1,0 6ts Page 468 of 897 VERIDIAN VERTX no VET ER WATEROUS -S' WELDON /0 WHELEN ENGINEERING A.6 WILL BURT WINCO GENERATORS WINDSOL 149 IrtJ WILIJAMS FOAM WORDEN ZEPHYR ZIMA77C 149 ZIC0 111,10r &lobe- bq 1064 rpph-ae,4 r ..&lobe 6 MSA Ca P'M s no HlaCk biA44PAd -S' /0 I,'- ire c rA A.6 P6 -:r Ppole-itwe—It 90MWtll U4,W-55 149 IrtJ Ca,4605A HeNef5 COf,-A$m6A C,Q,,(ft,,"M:5A 149 z3e,vne-# h'ro_ Pr4>kztS Page 469 of 897 LAKE COUNTY F 1 0 It 1 1) A MODIFICATION OF CONTRACT 1. Modification No.: 1 2. Contract No.: 17-0606B Effective Date: July 1, 2018 Effective Date: June 1, 2017 1 Contr-acting Officer: Donna Villinis, CPPB 5. Contractor Name and Address: Telephone Number: (352) 343-9765 Bennett Fire Products Company, Inc. PO Box 2458 4. Issued BY: Procurement Services Woodstock, Georgia 30188 Lake County Administration Building 315 W. Main St., Suite 441 Tavares, Florida 32778-7800 Attn: Danny Bennett — President 6, SPECIAL INSTRUCTIONS: Contractor is required to sign Block 8 showing acceptance of the below written modification and return this form to address shown in Block 4 within ten (I0) days after receipt, preferably by certified mail to ensure a system of positive receipts. Retain a photocopy of the signed copy of this modification and attach to . ........... original of contract, which Was PreVi 0 LIS I y -Provided. 7. DESCRIPTION OF MODIFICATION: Contract modification to extend for one (1) year expiring June 30, 2019. 8. Contractor's Signature REQUIRED Name: 9. Lake County, Flo ida By: Title: 5) de,,t-t- -- Senior"C ntractingOfficer Date: f'e vi, r 41216 Date 10. Distribution: Original - Bid No. 17-0606B Copies - Contractor Contracting Officer I I et M I I � I , ' I I I I ', A 11ARK ' 1,1 11 WP M I z 10111 kf AK I jhstl h t / 0i 4 fri, t 2 Pi" I,;, Page 470 of 897 CONTRACT NO. 17-0606B Fire Equipment Parts — Supplies - Service LAKE COUNTY, FLORIDA, a political subdivision of the state of Florida, its successors and assigns through its Board of County Commissioners (hereinafter "County") does hereby accept, with noted modifications, if any, the bid of Bennet Fire Products (hereinafter "Contractor") to supply fire equipment parts, supplies, and services to the County pursuant to County Bid number 17-0606 (hereinafter "Bid"), addenda nos. 1 and 2, opening date 12/13/2016 and Contractor's Bid response thereto with all County Bid provisions governing. A copy of the Contractor's signed Bid is attached hereto and incorporated herein, thus making it a part of this Contract except that any items not awarded have been struck through. No financial obligation under this contract shall accrue against the County until a specific purchase transaction is completed pursuant to the terms and conditions of this contract. Contractor shall submit the documents hereinafter listed prior to commencement of this Contract: Insurance Certificate — an acceptable insurance certificate (in accordance with Section 1.8 of Bid) must be received and approved by County Risk Management prior to any purchase transactions against the contract. The County's Procurement Services Manager shall be the sole judge as to the fact of the fulfillment of this Contract, and upon any breach thereof, shall, at his or her option, declare this contract terminated, and for any loss or damage by reason of such breach, whether this Contract is terminated or not, said Contractor and their surety for any required bond shall be liable. This Contract is effective from July 1, 2017 through June 30, 2018 except the County reserves the right to terminate this Contract immediately for cause and/or lack of funds and with thirty (30) day written notice for the convenience of the County. This Contract provides for four (4) one year renewals at Lake County's sole option at the terms noted in the Bid. Any and all modifications to this Contract must be in writing signed by the County's Procurement Services Manager. LAKE COUNTY, FLORIDA By: Senior Contracting Officer Date: 3w 1 - -).() 1-7 Distribution: Original -Bid File Copy -Contractor Copy -Department "Earning Community Confidence Through Excellence in Service" Office of Procurement Services 315 W. Main, Suite 441 P.O. Box 7800 Page 471 of 897 Tavares, Florida 32778-7800 Ph (352) 343-9839 Fax (352) 343-9473 0 (0111"411."f LA KE C 0 t JNTY F 1, () I k, 1 1) A INVITATION TO BID, (ITB) FIRE EQUIPMEE, NT - PARTS, - SUPPLI ES - SERVICE ITB Nmmber: 17-0606 Coniractin�g officcr, D, Villinis Bid Dne Dnte, December 13; 2016 Pre -Did CnnE Date: Not ApplicablQ Bid DucTime: 3,00 p.m. ITIS Issue Date: October 24, 2016 SEk'TION L Special Tm-ms and Conditions 2 SECTION, I Statenicnt of Work 14 SLCJIONJ:� and Coadit,10119 16 SECTION 4-., Ili'iciii,g/('Qrtificatiolis�'LSibriiatL;LTc.,; 20 SECTTON 5. Aftachmunil& 2 _3 . .. .......... PrDposal atid)ar Pffrfornianuc Bond: Nut appliukiblu (0 this 1,113 ... ....... . ..... .... ...... . .............. .. .. ....... Curtificate gal; � Nut apVlicablo to this 11111 Indumnif icatim0nsuianuu. i seclion 1.8 Pru -Bid Cutifirunec/Walk-I'liru: Not appi i cab le to this ITT At the date arid tirne specified above, all bids that have been received in to bluely Maiiiier WM be opened, recorded, and accepted for consideration. The narnes of the bidders n4hinitting bid ,, will be read aloud wid r"urd-We The bi& will be available for inspection during normal business hours in the Office of Procaremunt Surviix% &rty (30) calendar days after the official bid due date. Mien counter- signed by an authorized County reprusunuaivv, this document and any reel fic at ly i denti 5 ed. attachments may form. the contract document binding the pardes to -all porrormance sN65W bvr6n, Vendors Nhall, complete and, return the entirety of this ITB Document and attach all other inforniation reque-9ted in this ITB doCUMCnt (See Provision 1.13). Failure to �igil tile: bi'd respo)Uel qtr to s uhmit the bid response by (he specified time and date, may be CH USC for rejection of the Inti, NO -RESPONSE REPLY If any vendor does not want to respond to this suliciladon ai. this lime, or, would like to lie removed from Lake County's Vendor List, please .mirk Lh.Q approprhite spapo, oornplete tiame below and return this page only. Not interested at 1his, time; keel) our rinri on 1,oki Countys Vet dom List favi- future solicitations for this product / service E] Plcasc rernove our firm from Lake County's Vendor's.List f6r this produQ� I survive Company Name: S e /,)",I f", fire E-mail Address: i"� ie"r, 9" '11, c" t contact Person, ? Page 472 of 897 SECTION 4— PRICING/ CERT 111 TI NS/ SIGNATURES ITLI N ki mbp,,r: V7-0606 ITB TITLE- 14RE EQUIPMEN]" - PARTS SUPPLI LOS - SE RVICE N(TrEs., a When prurQha,*ing on a direct basiN, Lake County is vxcmpt from all taxes (Fcderal, State, Local). A Tax Exurnplion Certificate will be rarnished uPon rvqae%L for such prurchwws, However, the vendor will be responsible for payntent, of taxes oil all matenals purchused by the vendor foe incorporation into the project (see provision 3.8 for further detail). 0 The vendor ',sliar ll riot alter or arnen(i any or tiie int6mutlioli (imJuding ,, but, not lim i: wc I to stated traits Of llleaRlre. HOTt &9CIlPtiOn, 03, (ILjjjntiLV) Stated in the ?FiCing SCOU011, If ally (jUaTflitkq al'c stated in die pricing s,L;Qflon aq being "eslitmiled" quantities, vuridon, are advised to reviwy the "Estimated QualllifiQs" clause contained in Section 3 of this sofiQil,atiorl- a Any hid containing -,i rutodifying or ulaLM not specifmilly allowed for under Ific solicitation will not be uon8i&rcd_ Unit prices shall govern, R)r all ser -vices lir-iced on that basis as rQqkwqtcd under this solicita:6011- All lir icilig shall be F013 DestimjtiOTI utiles othenyisQ q)Qvified itl this SoliCitatioll C10CLUTIent, All 1361J ng �;Llblllitted shad FCITUfill valid for a 90 cky puriod. By signing and suhmltfing a response to d1i" "allicitation, the Vendor has ,,I)ccJjfic,ally agrmd to (Ills condition. Vendors are advised to visi( our lvebsite at lift �� I wm%%IakecottMjyjjM and register us a potential vender. Vendors that ]lave regilstere(l on-line receivc an ""nail notice when tile County issues a Solicitation matching the conimudity codes selected by A. vendor d,uring the regiNtration proces�. If t.be contractor has questions regarding the applicability ()f Chapter 119, Florida Statutes, to the contractor's duty to pr4mide public reccords relating to this, contract', cnntact the custodiftn of public records via the individual designated in prevision 1.2 of this soficitation. ACK'NOWPADGEMENT OF AVUE'NDA INSTRUCTIONS: C,,ompluw Part I or Part 11, whichcer applies The lbiddcr triuqt list below the da(cs of issue for each add(mdutn receival in cunnootion with this ITB: Addemdurn 1Y 1, Dated, , CJI V �'FW 19 r? 1 2 " ? G 11", AJAjcn&m #2, Dated: VO, b v, �r Z Addendum #3, Da(Qd" Addendum. 44, laded: [] No Addendum was rq;u6vcd in connection with this ITB. 20 jgo Page 473 of 897 'I LAKE C -,0U -N' -FY OFFICE OF PROCUREMENT SERVICIES, 315 WEST MAIN STREET, SUITE 441 PO BOX 7800 TAVARES FL 3277a-7800 F L 0 R,. I J-) A c I 1 0 1 ws�T �14 ITR 17-0606 Fire Equipment -Parts -Supplies -Service PHONE: (352) 343-9839 FAX: 352) 343-9473 it is the vendor's respongibility to ensure their receipt of all addenda, and to clearly acknowledge all addenda within their initial bid or proposal response. Acknowledgement may be confirmed either by inclusion of a signed copy of thi5 adderldUrn within the proposal response, or by coni pletion and return of the addendum acknowledgement section of the solicitation, Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award, Thl.s addendum does not change the date for receipt of bids or propos,a[5. Questions concerning this solicitation are due December 2, 2016. The purpose of th1s addendum is address an inqUiry received. A vendor asked about the re -procurement Costs mentioned in Sections• 110,1-11, and 3.27 of the ITB. The County reserves the right to charge a ven,dorre-proctirement costs when the original a wardee defaults in the performance of their contract, and the County is forced to obtain the NO& or services from another higher priced vendor through re-procurernent. This is suinflard langL[age in the Cou:nty's solicitations and is an option available to the County to try and recoup sortie of the losses associated with re -procurement. The intent of this particular solicitation {ITIS 17-060fi) is to establish a pool of contracted vendors to cover the County's needs for varlovs goods and services utili2ed by the Public Safety and Fleet Management Departments. Re-procurernent woold not normally occur for this type of solicitation because there are usua Ily multiple sources available to meet our needs. Acknowledgement of receiPt of -Addendum. 46,ag Date, o Firm Name: Ce", " I � -41C � , 4 2 '-7 51 Title. Pe"i" 5 gnature: L Typed/Printed Name: Page 474 of 897 LAKE COUNTY OFFICE OF PROCUREMENT SERVICES 315 WEST ST MAI N. STREET, S Ul ITE 441 PO BOX 7800 TAA RE FL 32778-780D ADDENDUM NO.2 N a vern ber 30, 2016 ITB 17-0606 Fire Equipment -Parts -Supplies -Service PHONP (352) 343-9539 FAX: 352) 343-9473 it is the vendor's responsibility to ensure their ret'-eipt of all addenda, and to clearly acknowledge all addenda within their initial bid or proposal response. Acknowledgement may be t',rvifirmed either by Inclusion of a signed Copyr of this, addendum within the proposal response, or by completion and return ofthe addendurn acknowledgement section of t[le solicitation. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award, This addendum does not change the date for receipt of bids Or PrOPOSaK Questions concerning this solicitation are due December 2, 2016. The purpose of this addendu U1 iq to address the following, Current term and slipply agreements under the previous Invit,ation to Bid (ITB #12-01906) cxplre jurke 30, 2017, It is anticipated that the new term and supply agreements aWra , rded u rider this ITI3 #17.t]606 sh All be effective July 1, 2017. Vendors sha III submit price discoonts that will be deducted off current list prices fear products at: the thine of p u rchase. Acknowledgement of receipt of Addendum: Fi 1, sjp Date: rrTi Name. d 6, i"t e, / /' 1 '1' Signature: Title� / 1 11"e" Z I , 711 �4 it' "If Typed/Printed Name: 1) 1 0"1 114 L� 1 51 Page 475 of 897 SECTION 4 — PRICINGI CERTIFWATIONS1SIGNATURE'S 1TB Number: 17-0606 PRICING SECTION — GENERAL INVORMATION (SAmiL discounts and houtlyservice rates in Atuichrrium 2 "Pricing Forni") - VAddruss' �,z, City/State/zip: 4, ..... . ... a leplpeana 11 pax: 20 I Shop localion: Address,, citylslaluizip: 3, website addl-es'; fDr priou fistskatalogs: s 4, Standard Warranty; 5-j e n 44 A U,' V14 ivgl;z, I e -5- Lead, I �ne: 30 66-'� d C, 6. Minilmlyi udcr (if arry)_ 7, Handling iloo if less than minimum (if Rppliwible): — 11vil t. 9. Docs your firm of pickup Hilid, dulivery of vehicles and cquipIllont needing repair? Yes Nu Cbarge fOT dchwrylpickup, . . .... 9- Dues your firm have towing capa bilil ies? Yes No Towing oil arges.: . ....... I.1). Will Yos—z No 11, Vrndur uonlacl fof emergoncy and/ur diskLsl er sed -viae 24 bour.07 days purr wook. Maine. 04 q c), CV11: "A"?;, "111 v I Exccptions to sptcificatiolw Ycs* No 21 Page 476 of 897 SECTION 4 — PRICING/ CERTIFICATIONS/ SIGNATURES ITB Number: 17-0606 By Signing this Bid the Bidder Attests and Certifies that: • It satisfies all legal requirements (as an entity) to do business with the County. ® The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. ® The bidder hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this bid document and any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions, for the same price, to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall b responsible for its own purchases and shall be liable only for materials or services ordered and received by it. R Yes ❑ No (Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive perfoi ing equivalent duties, of the bidding entity been convicted of a felony during the past ten (10) years? ❑ Yes No (Check one) Certification Regarding Acceptance of County VISA -based Payment System Vendor will accept payment through the County VISA- based payment system: ❑ Yes [01 No Reciprocal Vendor Preference: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County. The following information is needed to support application of the Code: 1. Primary business location of the responding vendor (city/state): iMu R 2. Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted: ❑ Yes ff No If "yes" is checked, provide supporting detail: Conflict of Interest Disclosure Certification Except as listed below, no employee, officer, or agent of the firm has any conflicts of interest, real or apparent, due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. DUNS Number (Insert if this action involves a federal funded project): General Vendor Information and Bid Signature: 0 Finn Name: /, (,'i Street Address: if oc. 5 e t°o e w Mailing Address (if different): P0 &) Y Telephone No.: )) f 591 d m05', (' Fax No.: I /I -A E-mail w '. fl e / t a `, ) 4 . r1ell FEIN No. 5- q,w, 53 Prompt Payment Terms: -" '/o —-'-"days, net 3 e�� m Signature: •.. .��I _ ��M�. , � :r"�°,, �� a„ ...�"f:� , �� t (�� '� �°��, ��„�. Date: Print Name: NA art A tj 11� e rf A e tf Title: flre 4 a'd P wt Award of Contract by the County: Official Use Only) By signature below, the County confirms award to the above -identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract. Signature of authorized County official: Date: 3, 2 Printed name: tcm0A�lt, �� 1 ^ Title: b„:.. ��:... t "0 1.7 t �, f llr C -,FiT2” W Page 477 of 897 SECTION 5— ATTACH MENTS THE FOLLOWING DOCUMENTS T ARE ATTACHED' ,attachment 1: Reference Form Attachment 2: Pricing Form 23 ITB Number: 17-0606 Page 478 of 897 SECTION 5 - ATTACHMENTS ATTACHME NT 1 - RE, FERENCE S ITS Nuuiber 1.7-0606 Acn p�cy > Address A,(I i i J1 J 0A (-`1 Aildiess k pp < o, -,e e, Coniact Person t 1,4 J'le.,`u 3,4 (7nnt3at Nrsi3n. Date(q) V� Telopliam j? smicc JYPL� uf scmicc , t Typr "I 90mice Acn p�cy �z v m 11VI, 0A,e9, rle R, Address A,(I i i J1 J 0A (-`1 Ie; k" C,-, 42_ k pp 3 3 Coniact Person t 1,4 J'le.,`u 3,4 Date(q) Daw(s) of smice T-Alc nf JYPL� uf scmicc Caniments: 24 Page 479 of 897 VI) A r Address A,(I i i J1 J 0A (-`1 k '5 Cancan Fmum t TCJQPIIDne 3,4 Date(q) T-Alc nf Caniments: 24 Page 479 of 897 TTB Number: 17-0606 SE( 1'ION 5 — ATTACHME NTS ATTACHMENT 2 — PRICING FORM Current braxids in use by the fire Rcwuc Division include the fifflowing- Please complete thv following iiiroriiiaLioll f6j- those brands msppofted I)y YOL11' 11LIM. Effivi,• -ycs" or "w" tbr stocking distrihwuw- If parr represent other manufaOtarel's for similar. fart;-rulawd q0pment, parts, ur suppfiu� VOL listed, please add the mmufaQWror and pricing information in tlu� blank spaces at end of pricing table. 25 Page 480 of 897 ITourly Rate S toeldlig, Brand off L.i.st for Repair Service Distlibutor? , 3M coml-A ABLE SHO ME ........... ACHON ,AT -T STOCK AIM AJAX BRASS . . .......... ALLAIdERICAN F]fila HOSE ALLENSYSTEMS ALOCOLITh ,.MEREX . . ........ ;i�Lad : C A N FIREWEAR ........... AMEIRiCAN 1AVkA*F . .......... .... ......... ... ANSUL 17 0'AWs B & B ENTERPFISES BIO SYSI ; EMS .. .......... -iiEkkTNTON BADGES iiOUTON CO BULLARD . . ........ CAi,11701(Ni� MOUNTAIN . . . . . ........ CARNS & BR'I . . . . ...... ..... --CA-—SF FkODUCTS 25 Page 480 of 897 SECTION 5 - ATTACHMENTS TTB Numbun 17-0606 26 3cel i, Page 481 of 897 SECTION 5 - ATTACHME N TS M Number: 17-0606 27 Page 482 of 897 SECTION 5 - ATTACHMENTS T,TB Numbcr. 17-0606 1,01JIS PRYER LOWELL MAG rNSTRUMENTS -iTANN AXE MARS Sl(j:N A L LIGHT Nic PRODUCTS M0RA.N'0-'A9H) MORNING PIUDL . ...... . .. . .... . ..... NATA LL (C:? (.:LE D) NORTH AMMUCAN FFRF. HOSE NUPLA, PACIFIC REFLEX PARTNER PAUL CO&WAY SHIELDS _OETACAN PL,'IZL _P61 PROTFXALL PHOENIX. -i-il,04, 0 N M, 0 U N T AIN INDUSTIUBS PL NO 11 B FABRICATORS RAN(jER'kUBBFR 10 RAVOTIDEFIREHOSE REDHEAD .ERAS ' REFLEXITF bee 28 Page 483 of 897 SECTION 5 — Al"T.A CHMENTS fili Number: 17-0006 29 Page 484 of 897 SECTION 5 — ATTACHAIE N TS T7B Nunibur17-060 6 t!)J A i" - 10 Page 485 of 897 VERTX . ...... WATEROUS WE LOON j,FN ENGINEERING WILL BURT IIWC )GENERATORS WTNDSOL WILLIAMS FOAM ZEPHYR . .......... . DUO TOM BRANDS NGTUSTE�D'. )o b e t"� dek . ... ........ tj . . ......... t!)J A i" - 10 Page 485 of 897 D Z mf lee, Limited Warranty for Globe Lifeline Protective Clothing Globe Lifeline, LLC warrants its protective clothing to be free from defects in materials and workmanship for a period of three (3) gears from the date of purchase when properly used and oared for_ Our obligation under this warranty shall be limited to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by us to be defective in materials or workmanship, but is otherwise serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel following proper emergency medical, rescue or recovery procedures and in accordance with the product's warning, use, inspection, maintenance, care, storage, and retirement instructions. Failure to properly care for the garment will lead to a shortening of the serviceable life, "Serviceable" refers to the general condition of the garment which can be expected to provide at least reasonable limited protection against the hazards from which the garment was designed to protect. °Serviceable life° is the period of time protective clothing, which has been }properly cared for, can be expected to provide reasonable limited protection, "Defects in Materials" refers to weak areas or other flaws caused by irregularities in their manufacture, "Defects in Workmanship" refers to improperly manufactured seams, stitching, or other construction methods, This warranty does not cover wear and tear nor damage from fire, beat, chemicals, misuse, accident or negligence. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY ANIS FITNESS FOR A PARTICULAR PURPOSE_ The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and Globe Lifeline, LLC shall not under any circumstances be liable for incidental or consequential damages. 37 Loudon Roel, Pittsfield NH 03263 a -o SOO-232-8323 F03-431;-3323 `v., 800-442-6386 603-435-09S mvw. glob e rireso fts. co rr? MOO fir nghfursaitb o 9168 911trns - 818br, Iffelble a 910ho tautBear 0 910ho EAKS 4109 Page 486 of 897 lined Wdyrraflty for V/9P9 faAe r Fryteefive f9fftwedf Globe Footwear, LLC warrants its protective footwear to be free from defects in materiels and workmanship for a period of one (1) year from the date of purchase when properly used and cared for. Our obligation under this warranty shall be Ifmfted to the repair or replacement, without charge, of any product which is returned to Globe at buyer's expense and is determined by tis to be defective in materials or workmanship, but is otherwise serviceable. This warranty shall not be effective unless the products are used for the purpose for which they were designed and are used by trained personnel fallowing proper procedures and in accordance with the product's warning, use, inspection, maintenance, care, storage, and retirement instructions. Failure to properly care for the footwear will lead to a shortening of the serviceable life. "Serviceable" refers to the general condition of the footwear which can be expected to provide at least reasonable limited protection against the hazards from which the footwear was designed to protect. "Serviceable life" is the period of time protective footwear, which has been properly cared for, can be expected to provide reasonable limited protection. "refects in Materials" refers to weak areas or other flaws caused by irregularities in their manufacture. "Defects in Workmanship' refers to improperly manufactured seams, stitching, or other construction methods This warranty does not cover wear and tear nor damage from fire, beat, chemicals, misuse, accident or negligence, THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIES] WARRANTIES OF MERCHANTABILITY BILI`f AND FITNESS FOR A PARTICULAR PURPOSE. The remedy of repair or replacement for breach of this warranty shall be the sole and exclusive remedy and dobe Footwear LLC shall not under any circumstances be liable for incidental or consequential damages. GNU finfthbw EMIN Q, ludo 10kag a fibblit m a rJobs fniaruum * Who 90S 4109 Page 487 of 897 Lifetime Warranty and Terms of Sale 1, Express Warranty—Cairns products and/or com- ponents furnished under this order carry a Lifetime Warranty against material defects and/or faulty workmanship, with the exception of the helmet shell, which carries 3 5 -year shell replacement warranty. Cairns/M5A shall be released from all obligations under this warranty in the event repairs or modifications are glade by persons other than its own or authorized service personnel or if the warranty claim results from abuse, misuse, or normal wear and tear of the product. No agent, employee or representative of Cairns/MSA may bind Cairns/ SA to any affir- 2, Exclusive Remedy—It is expressly agreed that the Purchaser's sole and exclusive remedy for breach of the above warranty, for any tortious conduct of Ca i rns/MSA, or for any other cause of action, shall be the repair and/or replacement, at Cairns/MSA option, of any equipment or parts thereof, that after examination by Cairns/VISA 3. Exclusion of Consequential Damages— Purchaser specifically understands and agrees that under no circumstances will Cairns/MSA be liable to Purchaser for econorrlic,special, indicen- tal, or consequential damages or losses of any Dine/ whatsoever, including but not limited to, Notc;Thi'-r#.i:k�.1inco-alnsanly3 Curlx,laieHeadquarters Pncm! dcsn ixr{xi u1 I hr L1 WLIOs FU. Lax ;; F, PYicharph. PA •S:$u USA srcwn. whdc 11S{'y aryl p l fWM.1 qef '9c%Ir .1v 96f 3ouu L303711it:_5 arc SCS I:r:l, urdw lei m W.fflwile.wlll Or c"istancc9',h;.11 ;hr !;,rni-.iL.% U.S. Custolnpr 5, mire Center be used by untrai'i 6 c.T uui{uali ai j PIinnr i Roo ?ASA 333: Iqd141dua1;pridnulwdilthe I�ix i-evo-f,f7-019> product myt, ir:.I i:)"w i-aluL1111.1� MEA Canada aff} Warr. nip v ra ukb-r. pfiwiJP.d N1'rn:C Suu-267-11572 liar , b-cn tho'uurhl4 1 rafI rel rax ardmto.d.On1};'it'ycm11 rn i:e cam Pict: ano dth, .gid r� MSA Mulm :rdarn',at10n r0�'rri r��n_N Pty I& ke�'i5313357�' .r."'°�• prop=' -r u:c and rare of c rdx r2-Sr-A59�133n I hP.&e prcduns. ' _;� MSA Ince mah"al rl Ftrmm .t12 -967-4;+A ID }600-09-1410 f ]tri 4005 rax 4¢-763.3451 q, r.751, 20^, Priniol in I i.SA. mation, representation or modification of the warranty concerning the goods sold under this contract. Cairns/RASA makes no warranty con- cerni ng components or accessories not man ufac- tured by Cairns/MSL, but will pass on to the Purchaser all warranties of manufacturers of such components. THis WARRANTY 6 IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTO- RY,, AND +S STRICTLY LIMITED TO THE TERMS HEREOF. MSA SPECS ICALLV DISCLAIMS ANY WARRANTY Of MERCHANTABILITY OR OF F-IrNESS FOR A PART;CULAR PURPOSE, are proven to be defective. Replacement equip- ment and/or parts will be provided at no cost to the Purchaser, F0.13, Purchaser's named place of destinationk Failure of Cairns/NASA to successful- ly repair any nonconforming product shall not cause the remedy established hereby to fail of its essential purpose, loss of anticipated profits and any other loss caused by reason of the non -operation of the goods. This exclusion is applicable to claims for breach of wa rranty, tortious conductor any other cause of action against Cairns/MSA. Offices and representatives waTILIWIde F01 rulI11r.' il"rUr11-0L-01': 4 i o Serving Ihofirm &BrVJae VIN 1934 .' 10 -Year Warranty and Terms of Sale 1. The fffectNoD7tcoftbisftkYear WarrantyfarCairns"FireHelmetsiSJ@nuary1,2015.All Cairns FirehWmots man. facturedonarafterJOIRiaryI.21015, Sha 11 be covered by th a terms Issued u n der this warrarFty. This wa rranty super€ed es aq prl rEted or electronic wa rranti es. provided with a Cairns Fi re Helmet which was J'narLufactuTed on or after January 1, 2015- �, All Cairns Fine Helmets maafuFad ured afore January 1 �O1.S, shat€ be covered by the term& issued under the previous Warranty - 3, Express Warranty—Mine SafpLy Appliances Company, LLC (MSA) warfants MSA (aims Fera IIclmets. manufactured or, or after January 1, 2015, to befree frolrF defects in materials andlaxfoLilly workmanship for a period of tcn (10�yea rs from the date of manufacture by MSA. -chis warrri Wy appNes to all: originalassembled comps lapmts of the fire helmet i17cltEding'sh01, impact capasserillbly; suspension; retrorenectiyetrloi, ear laps; and face5hield nr gaggle. 4, Release of obligations—MISA shal3 be released from all obl lgations under th is warran[y in t 11 P m- ent that repa irs ar mad ifacot ions are mad a by persons oth er than its own ox authorized service person n el, or If the warranty claim raw Its frog a€cid ent, a Iteration, misuse, o r a bust. MSA makes no warrant y conceml ng replacement ca mpon2+115 {I-a.r ane that was not dart of t1i a original assembly) or noon -certified accessories, but w i11 pass on to the Pu r€haser a It wa rrantf es of maordfactu mrs of such components, This wa rranty is in lieu of a 11 oth or warrantles, express, im plied or statuto ry, a nd is strictly 1i mited to the terms hereof, MSA specifically disclairn5 any warranty of merchantability or oFfilness fora particular purpose. 5, Exclusive Remedy—It is expmr sly ag reed that the f'urchdsprrs sole and excl usive remedy for breach of the above warranty, for any to rtious Gond u ct of MSA, or for any other cause of action, SWI be the repair anWor replxemel1r, at NISA's option, of any equipment ar parts thereofr that aftor exdtriiitation by MSA are proyen to bedefecfiwe, Replacenierktequipmoitandforparn wvilI be prpalded at no cost to the Purchaser, F.0 B. Destination, Fre ight P repa id, to Nle purehas&s. na med d estinatl obi. Fail u re of MSA to successful ly repair a ny non€onforen ing product shal I not ca u se the rem edy establi sheet here by to fai I of its essential purpose. 6. Exclusion of Accessories—Accessories are not a part of the €crtifLed product but could brf attached to the €ertified product by a means not engineered, manufactured, orauthorized bythe rilanuFacturer- MSACairnsRdMt l Accos,saries made avaitablefar puech isc byMSA are excluded from this warranty- M5A Cairns HElmet Accessorles indudcare but not limited to; #rant -piece holders, front-plecPs, front -piece bra€ketsr a11[t Pourkes- 7, FWusioxL of Consequentlol Damages -Pur€haserspeclfl[aliyi nderstandsand at roes that under no circumstalices will MSA be liable to Purchaser for iconami4 speuialr indlcentai, ar consequential damages or losses of any kind wbats0ewr.r, including but not 11ml1:0 to, loss of anticipated Pro Flis and any oth er I ass caused lay reason of the nu n-operarion of the goods. Th is exclusion is applicable to c aims for broach of wa rranty, tortious con duct OF any other Cause of action against MSA. This warranty 3s in lieu of all o#tier warranties, expressed imptted, or statutory i nrlud ing, but not I invited to, any implied warranty of merchantability or fitness for a particular purpose. lin additlon, M5A expressly disclaims any liability for economic, special, incidental, or €onseq uentiol damagcls in any way connected w tth the sale. or use of MSA products, incl uding, but not limited to, loss of anticipated profits. 8, MSA reserves the right to review and update the wvarra n ty terms, as needed, to cam ply wi th app If nibl a laws or Standards, i mss -11heSoFeLyCompany mtfttamda 1000 Crerl*i ;vc<^MW Rocs 1-50.02-2M +.rf. C1d11b"r0.s,!h!rVA irr,r,r, Fac I. rr4 .r,711M ;'r.1 y P.',7m f1-0 uI,OGG} }ASQ r,IRM1KU i �.> vwwM5,4s8re7y€bm lryxr 01 &79 573 X28 .. . U.S. CIIStUnIRF NIM6knteF raa p44737711Jti rhnnr 1 WA .45k12222 MS/, In7urnallonal k� .... • i Fax 1-0 }57-039& Vhonc 721 -M -a625 ................. . t• Y ni Ie.uL201 PrInuI1ry201 FAXTdi1Z414r7r3 The cr�etyCompany f}MS0.3[ISi !'rinlRdIA U.S.A.U.S„5, Fax l33 J45-1713 „ Page 489 of 897 BENFI-1 OP ID'Ra 1 rt CERTIFICATE OF LIABILITY INSURANCE CATEJrdML'€MVVj 1113012016 TRIS CERTIFICATE tS ISSUED AS A MATTER OF IWORMATION ONLY AND C014FERS NO RIGHTS UPON THE CERTIFICATE HOLUER- THIS CERTIFICATE DOES NOT AFi=IRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVE RAGE AFFORDED BY THE POLICIES RELOW, THIS CERTIFICATE OF 1NSURANC15 DOES NOT CONSTITIJTF A CONTRACT EFTWEi--N THE 1SSUING INSURER13j, AUTHORIZED REPRESENTAT E O#; PRODUCER, AND THE CEERTIFICATE HOLDER. IMPORTANT: ff the oaritFlcste holder is an ADIATIONAL INSURED, Iho Pollcy{les) must be endnrsad. if SUBROGATION IS WAIVED, subject to the terms and cnndll,ons of the policy, gertaln policies may Tequire an andarsament. A slatement an this ceetlfleate does nnl aonf9r rlglits to the cerftflcafe holdeT in lieu of such endorseme0 . prgobLK%R NAME: Beth Hill TMD1 . {F} PRONE P.O. Bax 6 89 (arc, Lea, rig! 251-472-004 F,�c E . Na): 251-473-9010 F{FAIL M4h;re. PLL 36660 ADDRESS - Both HIP s INSURED#I a�:FGR6'N6 COVERAGE _ ... k�.41C YI INSURERA; Arch Insuran"Ce CO- ..._ ..... .".. ........— ... ".. .. .... rNSLIRED Bennett Fire Products Co., Inc INSURER0;7he Hartford Insuranee Group ... 22357 PO Box 2458 R INsuRERa ; WoodsWcK GA 30189 INSURER 0 INSURER E' I ... INSURER r COVE=RAGE=$ CERWICATE NUMSER: RF-VI51ON ryUM16h; c: -17*8 IS TO CERTIFY THAT THE FoLIC II=3 OF INSURANCE LISTED BFL04W HAVE BEEN ISSUED TO THI= INSURED NAMED ABDVF FOR THE POLICY PE 11100 4 ENDICATED. NOTWITHSTANDING ANY REQUI RrcM ENT. TERM 0 CONDITION OF ANY CONTRACT OR OTHER DOGtIMENT WITH RESPECT TO WHICH THIS OERTIFICATE MAY BE ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDEt) BY THE POI-ICIES DESCRI13r-D HEREIN IS SUBJECT TO ALL THE TERMS, EXP-WSIONS AND CON01 TI ONS OF 5UCH POLI CIES. LI41ITS 23HOM MAY HAVE B EEN REDUCED BY QAl D CLAMS. I r{ TYKE INSURAh9CE PaLICYNUMl3ER hUlld EFF Pwcu LIMITS A y : CDMMERCIAL GENERAL LLA9vey1"b ACcOFDANCE WITH THE POLICY PROVISIONS - Lake catinty, a political sula- .I I OC�U?rEW I: AUTRI)RIZED REPRE81Er-01'n'I IVL -TavaresL FL 32770-7800 ccc'�r IIr1J=GL0653 1t1 03!1412016 '& IQ -- L-riIF0 0aM4?;!U1Y T rAr') I�tnr,k ��i r11x•�Sai7� ' S 5,00Q ISP.'-f.'i ?%. a ADY NdikY 8 1,0t}Q,00 i GEr rL 1L1REf;AI L L ISS I A' P: Ir9 PER {'rfJ-F.'Jw A , fRECok-re ICIf .r.. IECT I L'}ti' O--IEI is CCS�RIhF_IJ�S ;+}I.l-. I �u• .� QQ, Q ALfTOMOBILE LiABUTY 03N41201a 03M412017 :117r,IlY"N:Uvperaencn? # A ILNY'XOJI0 ... ELL O}4TY -.... ^C:'CCLLEo j E!(;L)II Y eJ,1 IRY ID':I uw.-elr.7': f .. I rrr]'NNtr �FRC'P-Iz'YL�OAW-F : .€ : I Irn hTOS h1JLO9 (Fir ;:1^.i:i{k7:1 .... ".. 5 UM13RELLAUA9 i rNC'I,.CC--Rd:WE .." $ "... EISCESSLIhH vLAh15-F{,bL.t +�;�=F -.CxTE ..." ... . k CFL; I P TrknoN S rEri I I WORKERS COMPENSATION S' TUTE =I� I3 AND EMPLOYERS' LLa61LLTY-"' ANY IV-ZI1+k 11PPARTT�rL,+<ECUTaE *�FiJR '21 ECZ8V74 1F+Fk'11VIIS 12V)2016 { 100,00 EL.��[;Fw:t'llll"rJT OF=1GEr<,n1eyF%FIr'�>x'I;r}-" Wartd~!rkiNH)�L.'ISEAZE- Ea. rVPI :l'r:r, � 4 _.. I F•1._IiL+}L17�erQQ006 r:'r.:Rlr'-10h E i. 'JIv'trtk't - I "7_I{:'Y I .kil $ 0E9CFUTI9441 C)F oP6RATIONS f LOCATMN9 f VkHIL:Ut8 (AC60D 161, AddHlonel Romo6s Schedeit, may Ue aRachod If mm sp3co is r [Luiredl Lake County Is named as additional Ir1sured with respect to neral Il ability, per t11e attached fora, 00 OL0596 50 04 10 if req ui recl by wrlftern contract r. 1% r Ir I4t41 �►+�✓�� - - - LAKE004 9ft0ULD ANY OF THE ABOVE DESCRIBED POLICIES 9E CAKUELLEO 2EFORE THE EXPIRATION DATE TMRREOF, NOTICE WILL IBE DELWERED It[ ACcOFDANCE WITH THE POLICY PROVISIONS - Lake catinty, a political sula- dlvnsnon Of the stats' of FL & The Board of Co" Commissioners P.O. Box 7800 AUTRI)RIZED REPRE81Er-01'n'I IVL -TavaresL FL 32770-7800 Lv itFuu-lUl4;Au. mw k vmrvnm I iv"' Fill I IL,. PILa Paao3 rou, ACO RD 25 (2014f01 } The ACORD namo and Ingo are r8glate md marks of ACORN Page 490 of 897 COUNTY, FL REAL FLORIDA • REAL CLOSE MODIFICATION OF CONTRACT Modification Number:Four (4) Contract Number: 17-0606B Effective Date: 7/1/2021 Title: Fire E ui ment Parts Supplies, and Services Effective Date: July 1, 2417 Contracting Officer: Amy Munday Contractor Name and Address: E-mail: annlnday��lakecountyfl.go Telephone Number: (352) 343-9389 Name: Bennett Fire Products Co, Inc. Address: P.O. Box 2458 Issued By: Procurement Services City: Woodstock, GA 30188 Lake County Administration Building 315 W. Main St., Suite 441 ATTENTION: Dann Bennett y Tavares, Florida 32778-7800 INSTRUCTIONS: Contractor shall sign Signature Block showing acceptance of the below written modification and return this form to Procurement Services within ten 10 days after receipt. Once fully executed, a copy of this modification will be returned to the Contractor to attach to the original Contract. DESCRIPTION OF MODIFICATION:Extend contract one (1) year expiring June 30, 2022. CONTRACTOR SIG ATURE BLOCK LAKE COUNTY SIGNATUR E BLOCK Signature: Signature: Print Name: 4 4A 'Kelw e Print Name: Amy unday Title: lore Ole It Title: Contracting Officer Date: Date: January 21 2021 E-mail: A net Secondary E-mail: Distribution: Original — Bid Fife Copy — Contractor Contracting Officer PROCUREMENT SERVICES— DIVISION OF OFFICE OF MANAGEMENT AND BUDGET SERVICES P.O. BOX 7800.315 W. MAIN ST., TAVARES, FL 32778 • P 352.3-13.9839 • F 35.343.9473 Page 491 of 897 Board o fCcuniv Commissioners - wirmlakecouvve)fd.gov 7.B. Requested Action by Commission: Approve Task Order UT -31D-06 with Baxter & Woodman, Inc. in the amount of $171,869.00 for engineering, permitting, bidding and construction services for Dimick and Potter Road Utility Stormwater and Water Improvements in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 3, 2021. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP) to support implementation of the Utilities Capital Improvement Projects. Baxter & Woodman, Inc. will provide value engineering, successor engineering, permitting, bidding assistance, and construction services for the Dimick Road and Potter Road utility stormwater and water improvements in the Lakeside Gardens neighborhood east of Federal Highway and adjacent to the Intracoastal Waterway. This contract will ensure that the design is optimized by conducting a constructability review to look for opportunities to enhance the design, shorten construction time and avoid unnecessary change orders. The new engineer of record would also provide construction management and part-time inspection services. The Lakeside Gardens area is prone to flooding with water ponding during minor rainfall events to severe flooding during extreme rainfall events. Additionally, high tides during spring and King tides during the fall season create a nuisance that affect the resident's daily lives. How will this affect city programs or services? The project will address existing Lakeside Gardens neighborhood drainage issues. The project will result in an improved level of service to the neighborhood to reduce flooding and provide improved ingress/egress during minor and major storm events. In addition, the existing water mains will be replaced, resulting in improved service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities Cl P account. Alternatives: Not to approve the requested consulting engineering services, bid the existing drawings and use in-house engineering and inspection services. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 492 of 897 Is this a grant? Grant Amount: Attachments: Type I E)ttENr fl'..-isk OrdE)ir Description Fliroposal Coveir Fliroposa11 I ocaboin as Page 493 of 897 November 22, 2021 Ms. Carisse LeJeune Interim Utilities Director Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd Boynton Beach, FL 33435 Subject: Lakeside Gardens Improvements Engineering Services Task Order No. UT -3D-06 Dear Ms. LeJeune, Please find attached the Engineering Services proposal for the Lakeside Gardens Improvements Project (UT -3D-06). Please contact me if you have any questions. Sincerely, Baxter and Woodman, Inc. 46411-c— - Rebecca Travis, P.E. Executive Vice President /Florida Division Manager Cc: Angela Prymus — City of Boynton Beach Page 494 of 897 Task Order No. UT -3D-06 Baxter and Woodman, Inc. For City of Boynton Beach Lakeside Gardens Improvements Engineering Services November 18, 2021 This Task Order, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND The City has selected Consultant to provide engineering services in support of the "Dimick and Potter Utility Stormwater and Water Improvements (Lakeside Gardens Drainage Improvements Phase 1)" (Project). The engineering services desired by the City include successor engineering, constructability review, value engineering, permitting, bidding assistance, and construction management and part-time inspection services. The Project was previously engineered by others including the 100% design phase drawings, technical specifications, estimated construction schedule, and cost estimate. The major work items for the Project include the design of approximately 1,600 linear feet (LF) of drainage pipe, 25 drainage structures, a new gravity outfall, a discharge pipe for a portable emergency stormwater pump, and 1,130 LF of water main replacement. Ancillary items associated with the construction of the stormwater management system include but are not limited to sanitary and water service line adjustments, driveway replacements, curbing, roadway widening and restoration, and erosion control measures. The project includes the following streets in the Lakeside Gardens Community. Roadway & Utilities Improvements: • Dimick Road • Potter Road • North Lake Drive • Connections at North Federal Highway 11/18/21 Baxter & Woodman, Inc. Page 495 of 897 SCOPE OF WORK The following is a description of the Scope of Services to be provided under this Task Order No. UT -3D-06 Consultant shall provide engineering services for the "Lakeside Gardens Engineering Services" project. Task 1 — Successor Engineering Consultant shall perform all duties as required by Florida Administrative Code (FAC) 61G15-27.001 "Procedures for a Successor Professional Engineer Adopting As Their Own the Work of Another Engineer". The City shall provide all documents (i.e. AutoCAD, hydrologic and hydraulic calculations and model data, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others. Consultant shall review and assess the information provided in order to adopt the work as the successor engineer. The previous design documents include: • "Dimick and Potter Utility Stormwater and Water Improvements (Lakdside Gardens Drainage Improvements Phase 1), 100% Design Submittal", dated April 2020, as prepared by Arcadis, signed and sealed by Christopher C. Tilman July 23, 2020. • The Opinion of Probably Construction Costs, dated September 3, 2021. • Geotechnical Engineering Report prepared by Tierra South Florida, Inc. dated July 24, 2019. • Design survey prepared by Avirom & Associates, Inc., signed and sealed by Michael D. Avirom, July 12, 2019. • Permit documents from FDOT, Palm Beach County Health Department (Potable Water Main), SFWMD ERP, USACOE and the Sovereign Submerged lands determination. Task 1.1 Survey: Consultant shall review the survey previously completed and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete the design of the project. Task 1.2 Geotechnical: Consultant shall review the geotechnical report and subsurface utility engineering report previously completed and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete the design of the project. Task 1.3 Utility Coordination/Field Verification (soft digs / utility locates): Consultant shall review the information from utility agencies (electric, phone, gas, cable TV, and City facilities) and soft dig borings previously compiled and incorporated into the previous project documents authored by others to determine if the information is sufficient or if additional information is necessary in order to complete 11/18/21 2 Baxter & Woodman, Inc. Page 496 of 897 11/18/21 the design of the project. This task includes reconciling apparent discrepancies between record information, existing photographic field -verification information and changes that may have occurred since the completion of the previous design. Task 1.4 Successor Engineer Work Adoption: Consultant shall review the engineering materials authored by others including the drawings, technical specifications, and calculations as required by FAC 61G15-27.001. Errors and omissions discovered in the previous consultant's work will be documented. Consultant will modify/edit the materials as necessary to complete the Contract Documents for the City's use for bidding and construction. Task 2 — Final Design Task 2.1 Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Boynton Beach Minimum Construction Standards. Drawings in electronic (.pdf format) shall be submitted for City review at 60% and 100% stages. One (1) hard copy (22"x34" or 11"x17") of drawing sets per submittal can be provided upon City request. As part of the preparation of the design documents, Consultant shall perform value engineering and constructability review of the drawings and technical specifications that were authored by others and adopted by Consultant as successor engineer. Value engineering will include identifying opportunities to decrease costs for construction materials, construction methods, and construction duration. Constructability review will identify issues with the design that may provide the Contractor with opportunities to submit change orders. Constructability review will also consider the City's ability for future maintenance of the proposed infrastructure. Task 2.2 Contract Documents and Specifications: Contract Documents consisting of "front-end" documents and technical specifications shall be prepared for 60% and 100% design submittal. "Front-end" documents shall be provided by the City for incorporation into the Contract Documents. The technical specifications shall conform to City of Boynton Beach Standards Specifications for Construction. Specifications in electronic (.pdf format) shall be submitted for City review at the 60% and 100% stages. One (1) hard copy of technical specifications per submittal can be provided upon City request. Task 2.3 Construction Cost Estimate: Consultant shall prepare a detailed Engineer's Opinion of Probable Construction Cost (OPCC). The OPCC shall be based upon the level of design drawings and specifications submitted to the City. The OPCC shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. OPCC in electronic (.pdf format) shall be submitted for City review at the 60% and 100% stages. One (1) hard copy of the OPCC per submittal can be provided to the City upon request. 3 Baxter & Woodman, Inc. Page 497 of 897 11/18/21 Task 2.4 Meetings: Consultant shall attend (2) meetings, after the 60% and 100% design submittal has been reviewed by City and comments provided 48 hours in advance of the scheduled meeting. Task 3 — Permitting It is understood that the previous consultant had acquired permits or exemptions from the following agencies: • United States Army Corps of Engineers (USAGE) • South Florida Water Management District (SFWMD) • Palm Beach County Health Department (PBCHD) • Florida Department of Transportation (FDOT) It is anticipated that Consultant will be required to perform additional permitting services to modify existing permits as necessary based on revisions to the original design. It is understood that the previous consultant did not complete a permit review with the City of Boynton Beach Building Department. Permit applications shall be completed for each of the permitting agencies if required. Associated permit application fees shall be determined by Consultant and paid for by the City. Services do not include preparing the permit application for SFWMD construction dewatering permit (Contractor will be required to secure this permit for construction). In addition to preparing the permit applications for appropriate agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: • Attend up to one (1) meeting with the staff of regulatory agencies. • Respond to request(s) for additional information from each regulatory agency. Task 3.1 USAGE Nationwide Permit: Coordinate with regulatory agency to confirm that final project still meets criteria for exemption. Task 3.2 SFWMD Environmental Resource Permit: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. Task 3.3 PBCHD Notice of Intent to Use the General Permit for Construction of Water Main Extensions for PWSs: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. Task 3.4 FDOT Driveway and Utility Permits: Coordinate with regulatory agency and submit revised applications, calculations, drawings, etc. as necessary to modify the permit to proposed design. 4 Baxter & Woodman, Inc. Page 498 of 897 11/18/21 Task 3.5 Boynton Beach Building Department: Consultant shall prepare and submit for the City of Boynton Beach Building Permit to initiate building department review process for the proposed improvements. Consultant shall prepare response for up to one (1) request for information issued by the City's building department. Upon bidding and selection of a Contractor, the selected Contractor will be required to assume the permit prior to formal issuance of the permit by the City. Task 4 — Bidding Assistance Consultant shall assist the City with the following for bidding of the project: Task 4.1 Bid Advertisement: Consultant shall provide Contract Documents in electronic (.pdf format) for City to issue to prospective bidders. City shall receive and process bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Task 4.2 Pre -Bid Conference: Consultant shall conduct a pre-bid conference in conjunction with City staff and provide a written summary of issues discussed in meeting minutes. Task 4.3 Bid Clarification/Addenda: Consultant shall assist City in issuing addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. City shall issue all addenda to prospective bidders. Task 4.4 Contract Award: City shall conduct the bid opening and prepare a bid tabulation. Consultant shall assist City in evaluating bids and proposals, including reference checks. Consultant shall submit to the City a written recommendation concerning the contract award to the lowest responsive responsible bidder. Task 4.5 Conformed Contract Documents: Consultant shall furnish to the City conformed Contract Documents in the form of one (1) set of pdf files in electronic format on USB drive and one (1) hard copy of the Contract Book and one (1) 22"x34" drawings. Task 5 — Construction Services Consultant shall provide limited Construction Engineering Services for a combined 12 months of Limited Construction Administration and 10 months assumed for Part Time Construction Inspections. Limited Construction Engineering Services are as identified and further detailed below: Task 5.1 Pre -Construction Conference: Construction Manager shall prepare the agenda and facilitate the pre -construction conference with the City's awarded Contractor and City staff. Construction Manager will also coordinate with all associated permitting agencies to attend the meeting. Construction Manager will prepare and issue written minutes of meeting. 5 Baxter & Woodman, Inc. Page 499 of 897 11/18/21 Task 5.2 Shop Drawing Submittal Review: Construction Manager shall receive, log, and review Shop Drawings and Product Submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 100 submittals (includes submittals and re -submittals if required) is included in the budget for submittal review. Construction Manager will review and return submittals to City and Contractor within 7 days of receipt. Task 5.3 Progress Meetings: Construction Manager shall attend monthly construction progress meetings with the City and Contractor with an agenda and written summary of the issues discussed. Monthly Progress meetings will be conducted by the Construction Manager with the Inspector's also in attendance depending on work activities. The Formal Monthly Progress Meetings will be held at the City facilities. Twelve (12) total progress meetings are included in the budget for this task. Task 5.4 Construction Clarifications/Daily Communication: Respond in writing to Contractor's Request for Information (RFI) regarding design documents during the estimated 12 -month construction period. Construction Manager shall issue interpretation and clarifications of the Contract Documents along with associated support materials as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within a targeted time frame of 5 working days. This subtask also includes the necessary day-to-day communications with Contractor and City for coordination of the construction activities for the 12 -month construction timeframe. Task 5.5 Certification of Construction Completion: Construction Manager shall notify the City and Contractor in writing once the Project is deemed to meet Contract Completion milestones. Consultant's Engineer of Record shall certify based on visible project features inspections, and review of testing reports that the project was constructed in General Conformance with the Plans & Specifications, and all Permit Conditions. Task 5.6 Substantial and Final Inspections: In conjunction with City staff, Construction Manager shall make preliminary and final inspections and assist in the preparation of a Project Completion "punch list" to achieve Final Completion. Construction Manager shall review completion of identified punch list items to assist in the determination that Final Completion has been achieved by the Contractor. Construction Manager shall advise the City and provide formal notice to the Contractor once Final Acceptance of the project has been reached in accordance with the Contract Documents. Task 5.7 Resident Project Representative Phase: Consultant shall provide One (1) Part Time Inspector during construction of the work for the construction contract. The Inspector shall be part-time for a 10 -month period of actual construction (assumes 2 - months of the 12 -month construction duration no inspections required and primary focus during underground construction timeframe, less so during paving operations) for a total of 410 hours. Activities performed by Consultant under this task consist of furnishing a Part Time Inspector during the construction of the project, to observe the 6 Baxter & Woodman, Inc. Page 500 of 897 quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the Contract Documents. Task 5.8 Grant Administration Reporting Assistance: Consultant shall assist with Wage Rate Interview Forms and prepare necessary Grant reporting information and submit to the City, for their compliance reporting with Federal or State Grants for project funding (includes quarterly reporting). Task 6 - Public Outreach Coordination During Construction Task 6.1 Public Outreach Meetings: Consultant shall coordinate with the City's public outreach coordinator for the preconstruction public outreach meeting. Contractor shall provide a traffic control plan and schedule to Consultant to include in presentation. This task shall include attendance at one (1) public preconstruction meeting. Task 6.2 Resident Concern Log: Construction Manager shall coordinate with the City's public information coordinator for a Resident's Concern Log. This log shall be utilized to administer items for the Contractor to address and track the status of resolution on all items. The log will be discussed and updates provided by the Consultant's Construction Services Team at each progress meeting for the duration of the project. Task 6.3 Coordination with Public Information Officer: The Consultant will coordinate and provide construction schedule and impact updates to the City and the City's Public Information Representative to keep the community aware of the status and traffic impacts of the referenced project. The City's representative shall distribute the information. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City shall provide all documents (i.e. AutoCAD, hydraulic calculations, reports, permits, studies, specifications, surveys, geotechnical report, subsurface utility engineering report, etc.) previously completed by others. The information will be provided to Consultant within five (5) calendar days of Notice to Proceed (NTP). 2. City will assist Consultant with in field verification of affected existing City facilities by providing access to infrastructure as necessary. 3. Scope of work does not include additional topographic survey, geotechnical investigation or utility locating services. 11/18/21 7 Baxter & Woodman, Inc. Page 501 of 897 4. All existing and proposed infrastructure improvements are or will be within City of Boynton Beach rights-of-way. Consultant will not be responsible for the acquisition of additional easements that may be required to construct the project. 5. Consultant assumes that there are no contaminated soils or groundwater in the project area. 6. Legal services and valuation of easement or additional right-of-way is not included herein. 7. City will provide record drawings, AutoCadd files, and design information for Casa Del Mar emergency entrance project. 8. City is responsible for all permit application fees and costs of public notification in local newspapers. 9. The design is to be based on the federal, state, and local codes and standards in effect at the beginning of the project (issuance of NTP). Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 10. No pre -purchase of materials and/or equipment is presumed. Modification to the schedule may be required if this is considered. 11. A single bidding effort is assumed. Re -bidding of any aspect of the project is considered Additional Services. 12. Scope does not include services for addressing a bid protest. 13. Contractor will be responsible for preparing Record Drawings. 14. Contractor will be responsible for obtaining any required dewatering permits. 15. Assisting the City in the settlement of construction claims is considered Additional Services. 16. Engineering Construction Services phase assumes a construction duration of 12 -months. Construction extending beyond the 12 -months from start of construction (NTP issuances to contractor) shall be considered for additional services and Consultant rates and fees shall be negotiated with the City. 17. City has a Public Information consultant to lead the public information efforts with the residents and other stakeholders. Consultant shall provide information relevant to these updates, but will not schedule or conduct meeting, or distribute public information during the design or construction of the project. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, paving, sanitary, water, drainage improvements and lighting to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing 11/18/21 8 Baxter & Woodman, Inc. Page 502 of 897 facilities and conditions, potential property or easement acquisitions or due to unforeseen omissions in the reports and data provided to the Consultant as prepared by the previous consultant. Services performed under this task will be on as -directed basis in accordance with a written Notice - to -Proceed from the City Manager. The Notice -to -Proceed issued shall contain the following information and requirements: • A detailed description of the work to be undertaken. • A budget establishing the amount of the fee to be paid in accordance with the Agreement. • A time established for completion of the work. TIME OF PERFORMANCE Refer to Attachment for the project schedule. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each task up to the following not to exceed cost for each task. Refer to Attachment B for budget summary. Engineering Services Task 1 - Successor Engineering Task 2 — Constructability Review & Final Design Task 3 - Permitting Task 4 - Bidding Assistance Task 5 - Construction Services Task 6 - Public Outreach Coord During Construction Reimbursable Expenses TOTAL PROJECT COST Estimated Fees $ 17,952.00 $ 45,736.00 $ 5,990.00 $ 7,173.00 $ 84,306.00 $ 5,712.00 $ 5,000.00(') $171,869.00 Notes: (1) Out -of -Pocket Expenses include the following: printing/reproduction, mileage, and postage. 11/18/21 9 Baxter & Woodman, Inc. Page 503 of 897 ATTACHMENT B City of Boynton Beach - Lakeside Gardens Improvements Budget Summary 11/16/2021 Task Task Description FEZnoee Project Manager $165.00 Senior Engineer $155.00 Labor Classification and Ho rly Rates Constr Mgr/ Engineer CADD Engineer Technician Inspector Technican $112.00 $110.00 $90.00 $92.00 Clerical Admin. $70.00 Total Labor Sub - Consultant Services 1 Successor Engineering Review & Adoption 1.1 Survey 16 8 $3,216 1.2 Geotechnical 4 $620 1.3 Utility Coordination/Field Verification (soft digs / utility locates) 4 8 $1,516 1.4 Successor Engineer Work Adoption 20 60 $12,600 Subtotal 0 20 84 8 0 0 8 0 $17,952 $0 2 Final Design 2.1 Value Engineering, Constructability Review, Design Drawings 8 56 76 8 80 4 $30,900 2.2 Technical Specifications 4 20 20 4 $7,360 2.3 Construction Cost Estimate 8 16 20 $4,872 2.4 Meetings 2 4 8 2 2 $2,604 Subtotal 14 80 112 18 8 0 100 10 $45,736 $0 3 Permitting 3.1 USACE Nationwide Permit 2 4 $950 3.1 SFWMD Environmental Resource Permit 2 4 1 $950 3.3 PBCHD NOI to Use GP for Construction of WM Extension for PWSs 2 4 $950 3.4 FDOT Driveway and Utility Permits 2 8 $1,570 3.5 Boynton Beach Building Department 2 8 $1,570 Subtotal 0 10 28 0 0 0 0 0 $5,990 $0 4 Bidding Assistance 4.1 JBid Advertisement 4 4 $1,068 4.2 Pre -Bid Conference 4 4 $1,280 4.3 Bid Clarification/Addenda 2 8 $1,570 4.4 Contract Award 1 2 8 $1,371 4.5 Conformed Contract Documents 4 8 4 $1,884 Subtotal 0 7 22 20 0 0 4 0 $7,173 $0 5 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.2 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.3 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.4 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.5 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.6 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.6 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 5.8 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 6 ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 6.1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 6.2 ...............................................................................................................................................................................................................................................................................................................................................................................................................................................................6............. 6.3 Construction Services Pre -Construction Conference Submittal Review Progress Meetings Construction Clarifications/Daily Communication Certification of Construction Completion Substantial and Final Inspections Resident Project Representative Grant Administration Re ortin Assistance Subtotal Public Outreach Coordination During Construction Public Outreach - Preconstruction Meeting Attendance (Service Included) Resident Concern Log (Service Included) Coordination with Cit 's Public Information Officer Y.................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Subtotal 0 0 6 4 10 0 0 0 2 22 38 18 4 4 88 6 6 6 60 110 42 8 16 50 292 42 42 2 410 40 452 0 0 0 0 6 6 $1,064 $9,064 $17,346 $7,296 $1,328 $2,208 $36,900 $9,100 $84,306 $0 $0 $5,712 $5,712 .................................... .................................... .................................... .................................... .................................... .................................... .................................... .................................... $0 .................................... .................................... $0 Labor Subtotal Hours 14 127 246 140 342 452 112 16 $166,869 $0 Labor Subtotal Costs $2,380 $20,955 $38,130 $15,680 $37,620 $40,680 $10,304 $1,120 Labor Total Costs $166,869 Subconsultant Costs Total $0 Subconsultant Multiplier 1.1 Subconsultant Total $0 Reimbursable Expenses $5,000 Project Total $171,869 Pagoo5Q4,of 897 IPIy Page 505 of 897 �tes (1) Th, d -g d 1-s b d p d t ge rev ew meetng dl- 7 1 d ,days after Gty - th. d -gn s.bl,,l. All - ants shell be pro tl d t B& W tli n 7 calender d ys ft Gty - th. ph.s. s.bl,,l. An dj.st—nt to thea 11 tl -11 be re q.,.d se the nem. meetng takes longer to be conducted end/or abten-ng comments takes longerte (2) Estimated 6 weeks for pmject design to be complete end for contract to be ewe Ned. 12 month 1 2131411 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 NTP (11/29/2021 est) Task 1 - Successor Engineering Task 2 - Constructability Review & Final Design Task 3 - Permitting Task 4 - Bidding Assistance & Award Task 5 - Construction Admin Task 6 - Public Outreach Coordination During Construction Engineering Design & Permitting (13 weeks)j1j Bidding & Award (6 weeks) Construction Admin (12 Months) Ixj IPIy Page 505 of 897 �tes (1) Th, d -g d 1-s b d p d t ge rev ew meetng dl- 7 1 d ,days after Gty - th. d -gn s.bl,,l. All - ants shell be pro tl d t B& W tli n 7 calender d ys ft Gty - th. ph.s. s.bl,,l. An dj.st—nt to thea 11 tl -11 be re q.,.d se the nem. meetng takes longer to be conducted end/or abten-ng comments takes longerte (2) Estimated 6 weeks for pmject design to be complete end for contract to be ewe Ned. 12 month 7.C. Requested Action by Commission: Proposed Resolution No. R21-173 - Approve and authorize the City Manager to sign a Master Service Agreement between The City of Boynton Beach and Gridics, LLC to purchase and provide zoning software and services in an estimated amount of $74,000.00 for the first year and an annual service subscription of $54,000.00 for the following two years. Explanation of Request: The Planning & Zoning Division is further automating and streamlining the way citizens, developers and staff access zoning information. Currently, the City's Land Development Regulations are published by American Legal Publishing on line, and the City's Zoning Map is published on the City's website in PDF format. This current system does not allow users to remotely/electronically research site-specific zoning information, thereby requiring staff assistance resulting in thousands of inquiries each year for planning and zoning staff to respond to. A few of the benefits of implementing this technology are: • Improved efficiency and timeliness of staff research involving parcel -specific zoning information, for customers or in-house use; • Provides customers the electronic tools to lookup zoning information such as setbacks, open space, height, density and allowed uses by address; • Enables citizens to identify where they are allowed to operate specific types of businesses; • Provides staff with a published website tailored for land use and comprehensive plan ordinances which can be updated directly in real-time with updates, and interlink various sections to make it easier for citizens to reference and understand; • Provides an easy to use interactive (on-line) zoning map making it simpler for citizens to visualize how zoning districts and overlays impact development throughout the city; • Provides calculated zoning data at the parcel level, on an interactive map, so that customers can answer their own questions, prior to contacting city staff; • Integration of the Zoning Map and the ordinance websites into a single location so it is easy for users to reference map data with relevant code to)d. • It enables a partnership with Gridics, serving as an edension of the city's planning team, in order to leverage calculated parcel specific zoning data to generate various outputs such as 3D visualizations of maximum zoning allowances, rezoning analysis, redevelopment analysis, zoning change comparisons, and masterplans. The City's approved FY 21/22 budget includes the initial implementation cost of $20,000 and the annual subscription for three Gridics products: 1) Code Hub: Land Development Regulation publishing, 2) Zone Check: Self-service zoning data lookup; and 3) Zone IQ: Zoning Map & 3D data visualization, totaling $54,000. The proposed contract includes three (3) years of service with the first-year fee being $74,000 and the second and third -year fee being $54,000. Page 507 of 897 How will this affect city programs or services? This zoning platform will increase electronic services/resources available to customers, increase staff research efficiency and technical capabilities. Fiscal Impact: This purchase was budgeted in the FY21-22 Planning Division budget. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Gridics Start Date: 1/1/2022 End Date: 1/1/2025 Contract Value: $74,000 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Gridics is an annual subscription. The proposed contract is a three-year agreement. Another agreement will be required to maintain Gridics' services past January 1, 2025. Attachments: Page 508 of 897 Type D IRE)SCA LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D I EAtENr D QLAOtE)S Description IRE)SOkAboin approviing ChE) CRY Ia inagE�Iir' to sigin MastE)r SE)ir,\AC2,sAgir'E�IENrTIENI'lt Wth (3)iridics MastE)r SENnAC2, Agir'E�IENrTIENI'lt SCAE) SOLArCE) I EAtE)ir, Page 509 of 897 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A MASTER SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND GRIDICS, LLC TO PURCHASE AND PROVIDE ZONING SOFTWARE AND SERVICES NOT TO EXCEED $74,000.00 FOR THE FIRST YEAR AND AN ANNUAL SERVICE SUBSCRIPTION FOR $54,000.00 FOR THE FOLLOWING TWO YEARS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Division continues to automate and streamline the way citizens, developers and staff access zoning information; and WHEREAS, currently, the City's Land Development Regulations are published by American Legal Publishing on line, and the City's Zoning Map is published on the City's website in PDF format which does not allow for property -specific search capabilities; and WHEREAS, this current system does not allow users to remotely/electronically research site-specific zoning information, thereby requiring staff assistance which results in thousands of inquiries each year for planning and zoning staff to respond to; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign a Master Service Agreement between The City of Boynton Beach and Gridics, LLC to purchase and provide zoning software and services not to exceed $74,000.00 for the first year and an annual service subscription for $54,000.00 for the following two years. 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. S:ACA\RESO\Agreements\Master Service Agreement with Gridics - Reso.docx -1- Page 510 of 897 30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 31 approves and authorizes the City Manager to sign a Master Service Agreement between The City of 32 Boynton Beach and Gridics, LLC to purchase and provide zoning software and services not to exceed 33 $74,000.00 for the first year and an annual service subscription for $54,000.00 for the following two years. 34 A copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this 7th day of December, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Master Service Agreement with Gridics - Reso.docx -2- VOTE YES NO Page 511 of 897 GRIDICS TECHNOLOGY SOFTWARE -AS -A -SERVICE (SaaS) AGREEMENT AGREEMENT BETWEEN Gridics, LLC and City of Boynton Beach Florida FOR SOFTWARE -AS -A -SERVICE THIS AGREEMENT ("Agreement"), is entered into this 7h day of December 2021, by and between the City of Boynton Beach, a Florida municipal corporation ("City") and Gridics a LLC a Foreign Limited Liability Company, authorized to transact business in Florida,whose address is 169 E. Flagler St. Suite 1640, Miami, FL 33131 ("Software Provider") (collectively referred to as the "Parties"). RECITALS: The following Recitals are a substantive portion of this Agreement: A. City is a municipal corporation duly organized and validly existing under the laws of the State of . B. Software Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement. C. City and Software Provider desire to enter into an agreement for Software Provider's provision of software -as -a -service (SaaS) pertaining to City's online systems. Through this Agreement, Software Provider shall provide to City initial implementation of the Gridics municipal technology and software platform for evaluation, analysis, planning and visualization of City's zoning regulations, and ongoing user access licenses relating to the City's network. The full scope of services covered by this agreement is described in the attached Exhibit A: Statement Of Work (the "SOW"). NOW, THEREFORE, the Parties mutually agree as follows: TERM The term of this Agreement shall commence on January 1, 2022. The term of this Agreement is 3 years, unless the Agreement is terminated prior thereto under the provisions of Section 16, below. 2. SCOPE OF SERVICES AND CONDITIONS THEREOF Subject to the terms and conditions set forth in this Agreement, Software Provider shall perform each and every service to the schedule of performance set forth in the SOW (collectively "Services"), as described below. A. Responsibilities of Software Provider. Software Provider shall provide the software services as further described in the SOW. The Services provided under this Agreement shall include (a) any software, plug -ins or extensions related to the Services or upon which the Services are based including any and all updates, upgrades, bug fixes, dot releases, version upgrades or any similar changes that may be made available to the Software Provider from time to time (the "Software"), (b) any and all technical documentation necessary or use of the Services, in hard copy form or online (the "Documentation"), (c) Page 1 of 19 050517 Page 512 of 897 regular maintenance of Software Provider's system, and (d) other technology, user interfaces, know-how and other trade secrets, techniques, designs, inventions, data, images, text, content, APIs, and tools provided in conjunction with the Services. B. Equipment. If necessary to enable Software Provider to fulfill its obligations under the SOW, Software Provider shall, at its sole cost and expense, furnish all facilities, personnel and equipment to City necessary to provide the Services (the "Equipment''). City agrees, if necessary, to install the Equipment at the location(s) and in the manner specified by Software Provider and as directed by Software Provider. Any Equipment installed by City is a part of the Service and loaned to City by Software Provider, not sold. City agrees to return the Equipment to Software Provider at the termination of this Agreement in an undamaged condition, less ordinary wear and tear. c. Registration. Prior to using the Services, City shall identify the administrative users for its account ("Administrators"). Each Administrator will be provided an administrator ID and password. D. License Grant. Software Provider hereby grants City a license to use the Software and the Documentation for the permitted purpose of accessing the Services. E. Reservation of Rights and Data Ownership. City shall own all right, title and interest in its data that is related to the services provided by this contract. Software Provider shall not access City user accounts or City data, except (1) as essential to fulfillment of the objectives of this Agreement, (2) in response to service or technical issues, or (3) at City's written request. F. Data Protection. In carrying out the Services, Software Provider shall endeavor to protect the confidentiality of all confidential, non-public City data ("City Data") as follows: 1. Implement and maintain appropriate security measures to safeguard against unauthorized access, disclosure or theft of City Data in accordance with recognized industry practice. 2. City Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, Software Provider is responsible for encryption of the City Data. 3. Software Provider shall not use any City Data collected by it in connection with the Service for any purpose other than fulfilling the obligations under this Agreement. G. Software Ownership. Software Provider owns the Services, Software, Documentation, and any underlying infrastructure provided by Service Provider in connection with this Agreement. City acknowledges and agrees that (a) the Services, any Software and Documentation are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Software Provider retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Services, the Software, any Documentation, any other deliverables, any and all related and underlying technology and any derivative works or modifications of any of the foregoing, including, without limitation, (c) the Software and access to the Services are licensed on a subscription basis, not sold, and City acquires no ownership or other interest in or to the Services, the Software or the Documentation other than the license rights expressly stated herein, and (d) the Services are offered as an on-line, hosted solution, and that City has no right to obtain a copy of the Services. H. Restrictions. City agrees not to, directly or indirectly. (i) modify, translate, copy or create Page 2 of 19 050517 Page 513 of 897 derivative works based on the Service or any element of the Software, (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein or block or disrupt any use or enjoyment of the Services by any third party, (iii) attempt to gain unauthorized access to the Services or their related systems or networks or (iv) remove or obscure any proprietary or other notice contained in the Services, including on any reports or data printed from the Services. i. Security Incident. In the event a data breach occurs with respect to City Data, Software Provider shall immediately notify the appropriate City contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident. Software Provider shall (1) cooperate with City to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post - incident review of events and actions taken to make changes in business practices in providing the services, if necessary. .r. Notification of Legal Requests. Software Provider shall contact City upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to City Data. Software Provider shall not respond to subpoenas, service of process and other legal requests related to City without first notifying City, unless prohibited by law from providing such notice. K. Access to Security Logs and Reports. Software Provider shall provide reports to City in a format as specified in the SOW agreed to by both Software Provider and City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this Agreement. L. Responsibilities and Uptime Guarantee. Software Provider shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of Software Provider. The system shall be available for City's use on a 24/7/365 basis (with agreed-upon maintenance downtime). M. Subcontractor Disclosure. Software Provider shall identify all of its strategic business partners related to services provided under this Agreement, including all subcontractors or other entities or individuals who may be a parry to a joint venture or similar agreement with Software Provider, and who shall be involved in any application development and/or operations. N. Business Continuity and Disaster Recovery. Software Provider shall provide to City a written business continuity and disaster recovery plan prior to or at the time of execution of this agreement and shall ensure that it meets City's recovery time objective (RTO) of four (4) hours or less. o. Compliance with Accessibility Standards. Software Provider shall comply with and adhere to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101). P. Web Services. Software Provider shall use Web services exclusively to interface with City Data in near real time when possible. Q. Encryption of Data at Rest. Software Provider shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data, unless City approves the storage of personal data on Software Provider's portable device in order to accomplish Page 3 of 19 050517 Page 514 of 897 work as defined in the statement of work. 3. COMPENSATION TO SOFTWARE PROVIDER Software Provider shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed 182,000.00 dollars ($182,000.00). The payments specified in this section shall be the only payments to be made to Software Provider for services rendered pursuant to this Agreement. Software Provider shall invoice City according to the following schedule of milestones/ deliverables: Fee Due Total 50% of implementation Upon execution of this $10,000.00 A reement 50% of implementation Upon start of User $10,000.00 Acce tance testing Year 1 License Fees Upon start of User $48,000.00 Acceptance testing Year 1 Support & Upon start of User $6,000.00 Maintenance Acceptance testing Year 1 Cost $74,000.00 Recurring annual Annually upon execution $48,000.00 License Fees (Years 2-3) date of this contract Recurring annual Data Annually upon execution $6,000.00 Hosting & Maintenance date of this contract Fees (Years 2-3) Annual Recurring Fees $54,000.00 City shall pay Contractor within thirty (30) days after receipt of Service Provider's invoice. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. TIME IS OF THE ESSENCE Software Provider and City agree that time is of the essence regarding the performance of this Agreement. 5. LICENSES; PERMITS; ETC. Software Provider represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required to carry out the purposes of this Agreement. 6. ASSIGNMENTS. Software Provider may assign, sublease, or transfer this Agreement, or any interest therein, to a third party with the prior written consent of City. Such consent shall not be unreasonably withheld. City's withholding of consent shall be deemed reasonable if it appears that the intended assignee in question is not financially or technically capable of performing Software Provider's obligations under this Agreement, Page 4 of 19 050517 Page 515 of 897 or if City has reason to conclude that the proposed assignee is otherwise incapable of fulfilling Software Provider's duties hereunder. 7. INDEPENDENT PARTIES City and Software Provider intend that the relationship between them created by this Agreement is that of independent contractor. No civil service status or other right of employment will be acquired by virtue of Software Provider's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Software Provider, its employees or agents. Software Provider is not a "public official" for purposes of Government Code §§ 87200 et seq. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA) Software Provider assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Software Provider shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Software Provider. 9. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Software Provider agrees that neither it nor its employee or subcontractors shall harass or discriminate against a job applicant, a City employee, or a citizen on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected class status. Software Provider agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. INTELLECTUAL PROPERTY INDEMNIFICATION Software Provider agrees to, at its expense, defend and/or settle any claim made by a third parry against City alleging that the City's use of the Services infringes such third party's United States patent, copyright, trademark or trade secret (an "IP Claim"), and pay those amounts finally awarded by a court of competent jurisdiction against City with respect to such IP Claim. 11. DUTY TO INDEMNIFY AND HOLD HARMLESS Software Provider shall indemnify, defend, and hold harmless City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including for any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Software Provider or Software Provider's employees, officers, officials, agents or independent contractors, except where such liability arises solely as a result of the active negligence or tortious conduct of City or its agent. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. The provisions of this Section Page 5 of 19 050517 Page 516 of 897 survive the completion of the Services or termination of this Contract. 12. INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Software Provider shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "C". Software Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement. B. Subrogation Waiver. Software Provider agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Software Provider shall look solely to its insurance for recovery. Software Provider hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Software Provider or City with respect to the services of Software Provider herein, a waiver of any right to subrogation which any such insurer of said Software Provider may acquire against City by virtue of the payment of any loss under such insurance. 13. PUBLIC RECORDS. The City is a public agency subject to Chapter 119, Florida Statutes. Software Provider shall comply with Florida's Public Records Law. Specifically, Software Provider shall: 13.1 Keep and maintain public records required by the City to perform the service; 13.2 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 coast that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 13.3 Ensure that public records that are exempt or that are confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Software Provider shall destroy all copies of such confidential and exempt records remaining in its possession after Software Provider transfers the records in its possession to the City; 13.4 and Upon completion of the Agreement, Software Provider shall transfer to the City, at no cost to the City, all public records in Software Provider possession. All records stored electronically by Software Provider must be provided to the City, upon request from the City's custodian or public records, in a format that is compatible with the information technology systems of the city. 13.5 The failure of Software Provider to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the City may terminate the Agreement. IF SOFTWARE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SOFTWARE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CRYSTAL GIBSON, CITY CLERK Page 6 of 19 050517 Page 517 of 897 PO BOX 310 BOYNTON BEACH, FLORIDA 33425 561-742-6061 CLa-)L.US 14. E -VERIFY. 14.1 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 herein below. 14.1.1 Definitions for this Section: A. "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. B. "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. C. "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. 14.1.2 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 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 Page 7 of 19 050517 Page 518 of 897 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. 15. SCRUTINIZED COMPANIES. By execution of this Agreement, Software Provider certifies that Software Provider is not participating in a boycott of Israel. Proposer further certifies that Software Provider 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 Software Provider 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 Software Provider of the City's determination concerning the false certification. Software Provider 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 Software Provider 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 Software Provider does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 16. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the City's Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 17. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after deposit in the U.S. Mail, postage prepaid, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: City of Boynton Beach 100 E Ocean Ave Page 8 of 19 050517 Page 519 of 897 Boynton Beach, FL 33435 Attention: Lori LaVerriere, City Manager Copy to: City Clerk City of Boynton Beach 100 E Ocean Ave Boynton Beach, FL 33435 TO SOFTWARE PROVIDER: Gridics, LLC 169 E. Flagler St. Suite 1640, Miami, FL 33131 Attention: Jason Doyle 18. TERMINATION A. Basis for Termination. In the event Software Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Software Provider shall be deemed in default in the performance of this Agreement. If Software Provider fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Software Provider written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Software Provider as provided herein. Upon receipt of any notice of termination, Software Provider shall immediately discontinue performance. B. Pro Rata Payments. City shall pay Software Provider for services satisfactorily performed up to the effective date of termination. In such event, a calculation of the amounts due shall be deemed correct as computed on a pro rata basis with compensation provided for the period of service paid as a percentage of the total contract amount. C. Handling of City Data. In the event of a termination of this Agreement, Software Provider shall implement an orderly return of City data in a CSV or another mutually agreeable format at a time agreed to by the parties and the subsequent secure disposal of City data. During any period of service suspension, Software Provider shall not take any action to intentionally erase any City data for a period of 30 days after the effective date of termination, unless authorized by City. City shall be entitled to any post -termination assistance generally made available with respect to the Services; unless a unique data retrieval arrangement has been established as part of the SOW. Software Provider shall securely dispose of all requested data in all of its forms, such as disk, CD/ DVD, backup tape and paper, when requested by City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST) - approved methods. Certificates of destruction shall be provided to City. 19. WARRANTY AND WARRANTY DISCLAIMER Software Provider warrants that, (i) the services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, (ii) the Page 9 of 19 050517 Page 520 of 897 services provided under this agreement do not infringe or misappropriate any intellectual property rights of any third parry, and (iii) the services shall substantially perform in all material respects as described in the SOW in the event of any breach of section (iii), above, Software Provider shall, as its sole liability and your sole remedy, repair or replace the services that are subject to the warranty claim at no cost to City or if Software Provider is unable to repair or replace, then it will refund any pre -paid fees for services not rendered. Except for the warranty described in this section, the services are provided without warranty of any kind, express or implied including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non -infringement. 20. COMPLIANCE Software Provider shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 21. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of Florida excepting any choice of law rules which may direct the application of laws of another jurisdiction. 22. INTEGRATED CONTRACT This Agreement, including all appendices, represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Software Provider. In the event that any Statement of Work, Exhibit, associated instrument or agreement executed by the Parties in conjunction with this Agreement or prior thereto contains a term that conflicts with the terms of this Agreement, the terms of this Agreement shall govern and supersede any other document or Exhibit. 23. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. SOFTWARE PROVIDER Page 10 of 19 050517 Page 521 of 897 STATE OF7 Q i-� COUNTY OF C Y-1 to 0011 The foregoing instrument was acknowledged before me by means of )6 physical presence or o Gridics, LLC online notarization, this (date) J111.21d' 0 a ) by JASON DOYLE, as President, of GRIDICS, LLC, a foreign limited liability company, on behalf of the company, who is personally known to me or who has produced (type of identification) , DT' U'( ct n _C as identification. Si a e ofNotary Public —State oflerida !� n i'0�q a N®IT ` L)S�U°Y1 1) G nd� of Arizona Print, Type of tamp Commissioned Name of OUNTYNotary Public 56142821, 2023 CTTY ATTEST: Crystal Gibson, City Clerk (00477832.2 306- 9001821} UR Page 11 of 19 090517 City of Boynton Beach, FL Lori Laverriere, City Manager Page 522 of 897 Exhibits: Exhibit A: Statement of Work Exhibit B: Sample Implementation Timeline Exhibit C: Insurance Requirements and Proof of Insurance Exhibit D: Service Level Agreement Page 12 of 19 050517 Page 523 of 897 Contract No. Exhibit A: Statement of Work ("SOW") Gridics will implement the following web application products: 1. GIS Integration to Gridics Platform: Gridics will obtain, via REST API or directly, all relevant GIS shapes necessary to calibrate and calculate site-specific zoning attributes. GIS shapes provided by City will be integrated into the Gridics platform alongside parcel, boundary, street and other map data from Gridics' 3rd parry partners. 2. Code Analysis & Calibration: Gridics will define and implement the relevant (and quantitative) land use regulations from the UDO into the Gridics zoning engine for calibration and calculation of site-specific zoning attributes and development allowances. 3. Zoning Data API: Work with City IT representatives to expose access to the Gridics Zoning Data API. a. Gridics will provide City a list of available data points to choose from. Desired data points include: i. lot type ii. max stories/height iii. minimum open space iv. maximum residential area allowed v. maximum density vi. setbacks and uses b. Gridics will work with City IT representatives to integrate and test access. c. Gridics will provide a technical point of contact to resolve any issues that may arise with connectivity or availability. 4. Custom Disclaimer Language: Gridics will implement custom legal disclaimer as directed by City, to indicate that all information provided via Gridics is for informational purposes only and both Gridics and City shall have no liability for any action taken or not taken in reliance upon the information presented. The disclaimer may be displayed upon entry user to CodeHub, MuniMap, or ZoneCheck and in banner format on ZoneCheck parcel level details. 5. CodeHUB a. Implementation, activation and ongoing hosting of the UDO text (or full municipal code at city's discretion) at a publicly accessible webpage at the following or similar root domain - his://codehub.gridics.com/us/st/ciiy-name b. Linking to any definitions or other websites as directed by client staff. C. Formatting to maintain consistency of form to ordinance document within the constraints of modern web publishing. d. City staff will take responsibility for ongoing updates to all text documents hosted in CodeHub after implementation is complete. 6. ZoneCheck a. Gridics will activate and host a publicly accessible zoning data lookup tool for users to search for property specific zoning data located at the following or similar root domain - https://zonecheck.�zridics.com/us/st/ciiy-name i. Search capability will consist of address and allowed use. ii. Gridics will align with City on which available data points to display. 13 Page 524 of 897 Contract No. 7. MuniMU a. Gridics will implement, activate and host a publicly accessible, multi -functional map application located at the following or similar root domain- hLtps:Hmap.gridics.com/tis/st/ciiy-name b. Map modules will consist of layers, filters, and at the option of the city, 3D Zoning. Additional modules such as Projects, Permits, or other modules can be implemented as negotiated through the contract. c. Layers Module - Gridics will define which available GIS layers the City would like to be available for display in the layers module. d. 3D Zoning Module - Gridics will define which available 3D Zoning layers the client would like to be available for display in the layers module. e. City will define which modules and sub -categories within modules will be public - facing. f. Ordinance Integration - Gridics will link base zoning and overlays within the map to the respective areas of the text ordinance for ease of reference and navigation. 8. Professional Services: Gridics will provide up to 20 hours of professional planning and GIS services per year at no additional cost. Gridics reserves the right to reject project requests that are not within its core capabilities. 9. User Acceptance Testing: Gridics will guide City in a comprehensive UAT process to ensure proper translation of zoning regulations into the Gridics zoning engine. City will have the opportunity to review and approve site specific calculations zone by zone to ensure system accuracy. 10. Training & Suport: Gridics will provide one initial intensive virtual training and optionally will provide a single 90 -minute virtual training session per quarter as needed by City. 11. Staff Accounts & Access: Gridics will provide an unlimited number of staff accounts. City will define which staff members shall have access to ordinance and calibration editing. 14 Page 525 of 897 Contract No. Exhibit B: Sample Implementation Timeline Sample timeline will be reviewed in collaboration with City during implementation kick off and within four weeks of effective date, both parties will agree in writing on a final implementation schedule. IM:M Uk" J, AMM ron 15 Page 526 of 897 Contract No. Exhibit C: Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES Additional Insureds: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as additional insureds under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Workers' Compensation: Statutory coverage as required by the State of and Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. General Liability: Commercial general liability coverage in the following minimum limits: $1,000,000 each occurrence $1,000,000 general aggregate $1,000,000 products — completed/operations aggregate $1,000,000 personal advertising injury Cyber Liability: Insurance, with limits not less than: $2,000,000 each occurrence $2,000,000 aggregate - all other Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Software Provider in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. If the Software Provider maintains broader coverage and /or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits 16 Page 527 of 897 Contract No. maintained by the Software Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 2. ABSENCE OF INSURANCE COVERAGE. City may direct Software Provider to immediately cease all activities with respect to this Agreement if it determines that Software Provider fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. At the City's discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Software Provider. 3. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION. A Certificate of Insurance, on an Accord form, and completed coverage verification shall be provided to City by each of Software Provider's insurance companies as evidence of the stipulated coverages prior to the Commencement Date of this Agreement, and annually thereafter for the term of this Agreement. All of the insurance companies providing insurance for Software Provider shall be licensed to do insurance business in the State of and shall have, and provide evidence of, a Best Rating Service rate of A VI or above. The Certificate of Insurance and coverage verification and all other notices related to cancellation or non -renewal shall be mailed to: City Clerk City of Street Address City, State. ZIP 17 Page 528 of 897 Contract No. Exhibit D: Service Level Agreement THIS SERVICE LEVEL AGREEMENT ("SLA") is made and entered into by and between Gridics LLC and Customer as part of the Master Subscription Agreement entered into by and between the same and sets forth the details regarding the level of service that Gridics shall provide to Customer in relation to the Services when Customer is in good financial standing with Gridics. 1. AVAILABILITY: Subject to the terms of the Service Agreement and the terms below, the Gridics Platform shall maintain 99.9% availability. 2. DEFINITIONS: All terms referenced in this SLA, unless otherwise stated, shall be given meanings as may be assigned in the Master Subscription Agreement associated herewith. a. "Customer" shall mean any municipality with a subscription agreement for the Gridics Platform. b. "Gridics Platform" shall mean the following web based software applications and websites hosted by Gridics. i. Codehub.Gridics.com ii. Map.Gridics.com iii. Zonecheck.Gridics.com iv. Accounts.Gridics.com v. Zoning. Gridics.com c. "99.9% Availability" shall mean that the Gridics Platform shall not fail to be accessible via web browser for more than forty three (43) minutes out of any thirty (30) day period not including exceptions as defined below. d. "Outage" shall mean a period when the Gridics Platform does not have 99.9% availability. e. "Invoice Credit" shall mean a prorated credit of the monthly amount due from Customer to Gridics for the Services. 3. AVAILABILITY OF GRIDICS PLATFORM: The Gridics Platform shall maintain 99.9% Availability, as defined herein. 4. EXCEPTIONS: Gridics Platform downtime due to the following events shall not be considered to be or to contribute to inaccessibility of the Gridics Platform: a. Regularly Scheduled Maintenance: Regularly scheduled maintenance is maintenance performed on the Gridics Platform (a) of which Customer is notified 48 hours in advance, or (b) that is performed during a standard scheduled maintenance window, Monday and Tuesday 3:00 AM to 4:00 AM Mountain Time. Notice of Scheduled Maintenance shall be provided to Customer's designated point of contact by email. b. Inaccessibility Not Due to Gridics Platform or Gridics' Actions: Inaccessibility not due to Gridics Platform or Gridics' actions includes inaccessibility of the Gridics Platform due to (a) inaccurate and/or insufficient information or configuration information provided by Customer and/or its representative(s) or agent(s) to Gridics: (b) Customer misuse of the Services; (c) Non-Gridics application programming; (d) negligent or unlawful acts by Customer or its agents In Page 529 of 897 Contract No. or suppliers; (e) problems with Customer's vendors; (f) network unavailability outside of the Gridics Platform; (g) malicious acts by a third parry against Customer or against its authorized agents or suppliers; or (h) acts of God or events of force majeure. OUTAGE EVENTS AND INVOICE CREDITS a. Notification of an Outage Event: When Customer becomes aware of an Outage, Customer shall contact Gridics as soon as possible. b. Determination Regarding Existence of Outage Event: Gridics, based upon its records and data, shall have the power to determine, in its sole and unfettered discretion, whether any disruption to the Service constitutes an Outage. c. Determination of Invoice Credits Due to Customer: Immediately upon being notified by customer, Gridics shall take reasonable commercial steps to determine whether an Outage occurred and thus whether the Customer should receive an Invoice Credit. The amount of invoice credit shall be equal to the percentage of total Outage time during the invoice period up to a maximum of 50% of total invoice amount. 6. TECHNICAL SUPPORT a. Method of Communication: Customers may contact technical support via b. Availability: Gridics shall ensure that a member of its staff will be available to assist Customers with any problems or questions regarding their use of the Services in accordance with the below: 7. DISPUTES: Should any dispute arise between the Parties as to the availability of the Gridics Platform or the provision of service by Gridics to Customer under this SLA, the Parties shall work in good faith to resolve such dispute. 8. MISCELLANEOUS: Except as may be provided for in the Master Subscription Agreement, the provision of Invoice Credits in accordance with the terms of this SLA shall be Customer's remedy should Gridics not meet the level of service provided. 19 Page 530 of 897 IIIIIIIIIIIII ��Ulll�uu IIIIIIIIIIIIIIIIII@@D%�I IIIIIIIIIIIIIIIU October 25, 2021 City of Boynton Beach, FL 100 E. Ocean Ave. Boynton Beach, FL 33435 RE: Sole Source letter The Gridics Municipal 3D Zoning Information Platform, its underlying technology and suite of applications qualifies for sole source municipal procurement given that there are no other products in the marketplace that are capable of calculating parcel specific zoned development capacity and creating a zoning attribute record for every parcel. This unique capability is supported by a patented technology. Many of the municipalities that have contracted with Gridics have approved procurement on a sole source basis and we are happy to connect you with those customers. This product must be purchased directly by municipalities from Gridics. There are no agents or dealers authorized to represent this product which is manufactured, sold and distributed exclusively by Gridics. If you desire additional information, don't hesitate to contact us at any time. Sincerely, Jason Doyle, CEO 169 E. Flagler Street Suite 1640, Miami, FL 33131 Page 531 of 897 MuiiinIldlIjpdl ZoiiinIliiing & 1::IlaiiiniiinIliiing Solutloins Za6ihingIII ainagiii nniii nt 1iii rqposa11111 l:::Iiirepaiired For: Do .j j I" illha, Ill;) of 11:..: usihiriess l3ubiinni'tted 11:..: y: Felipe Azeir ll)ate: Febinjairy 2:3, 2:02:1 Page 532 of 897 Amanda Radigan Principal Planner Development, Planning & Zoning 100 E. Ocean Drive Boynton Beach, FL 33435 Dear Amanda, We are pleased to submit a proposal to partner with the City of Boynton Beach to establish a zoning property record for every parcel in the city to make it easier for your citizens and staff to access and interpret parcel specific zoning information and significantly reduce the amount of service visits and calls. In the accompanying proposal, we have outlined the specific products and solutions that will help you unify your zoning and real estate data into a single suite of easy to use tools. The Gridics suite will help staff and citizens more easily access and understand how your city's land use ordinance applies to every parcel within your city. , We have analyzed your your city's available zoning information and are confident that with the Gridcs Municipal Zoning Platform we will be able to help Boynton Beach to: • Reduce citizen calls and visits to answer basic zoning questions. • Increase transparency and availability of information. * Make it easier for staff to process permits. * Make it easier for developers, investors and their representatives to do business with the City of Boynton Beach. Arm the City of Boynton Beach with valuable development capacity data to conduct detailed studies and analysis to make more informed decisions for the future. Together our leadership team of urban planners and real estate technology experts have over 65 years of experience developing leading software solutions, writing zoning codes around the globe and solving complex real estate data challenges. Working as an extension of your planning and zoning teams, we are confident we can collectively put together a personalized plan to help you achieve your objectives while exponentially increasing the capabilities and efficiency of your teams. As you review the enclosed proposal, please don't hesitate to contact us so we may answer any questions that you have. We will follow up in the coming days. Sincerely, Jason Doyle President/CEO Gridics, LLC Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 533 of 897 IIT' ��I " ILII IIT'& GOA1 Overview: The City of Boynton Beach desires to streamline the way its citizens, developers and staff access zoning information. Currently the city's unified land development code is published online with the rest of the city code. Boynton Beach's Unified Development Ordinance is currently published on an online PDF and the current zoning map is published online as well. Unfortunately, this does not allow for property specific lookup capabilities making it challenging for users to navigate between text and map. This approach ultimately makes it difficult for anyone seeking site-specific zoning related information to find it, so they simply call, email or visit the city to ask staff. The result is thousands of inquiries a year about how zoning applies to specific parcels which planning and zoning staff must respond to. Goals: • Reduce calls, emails and visits to the city related to site-specific zoning questions. • Help staff find the site-specific information they need to provide service and respond to questions more quickly. • Provide the ability for citizens to lookup zoning information such as setbacks, open space, height, density and allowed uses by address. • Provide the ability for citizens to look up where they are allowed to operate specific types of businesses. • Provide staff with a code publishing website specifically tailored for land use and comprehensive plan ordinances which they can update directly in real-time as changes are made and interlink various sections to make it easier for citizens to reference and understand. • Provide an easy to use interactive zoning map website to make it easier for citizens to visualize how zoning districts and overlays impact development throughout the city. • Provide deep calculated zoning data at the parcel level, on an interactive map, so that citizens can answer their own questions, prior to contacting city staff. • Integrate the map and the ordinance websites into a single location so that it is easy for users to reference the data shown on the map with the relevant areas of the code text. • Provide staff with the flexibility to partner with Gridics, and serve as an extension of your city's planning team, in order to to leverage calculated parcel specific zoning data to generate various outputs such as 3D visualizations of maximum zoning allowances, rezoning analysis, redevelopment analysis, zoning change comparisons, masterplans and more. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 534 of 897 Making it li;;;a.slielr to II Na.lnaaa e, access, lintelrlplret,Undelrstaind, and Visuia.IVliz.e Gridics's patented technology combined with its suite of zoning information tools delivers a modern approach to the way municipalities are helping citizens, developers, brokers, architects, land use attorneys and staff interact with and interpret how the legally written zoning ordinance applies to every parcel. The Gridics approach allows municipalities to make it easy for everyone to get answers to the most common questions about zoning rules, allowed uses, development standards and more. i;;;a.slielr to IINa.lna.ae The Gridics Municipal Zoning Platform makes it easier than ever for staff to manage all the city's zoning information, planning visualizations and development data. Gridics gives your city real-time ordinance updating, automated GIS integration and ability to integrate with your electronic permit processing system. i;;;a.slielr to access The Gridics Municipal Zoning Platform puts all your land use and zoning information into a single location. No longer does a citizen have to go to one website to read the code, seek out another website to browse the map and then try to figure out how to connect the dots between the information on the map and the relevant information in the code. i;;;a.slielr "'ro lilntelrlpret, Understand and Visuia.IVliz.e The most common questions from citizens center around understanding site-specific setbacks, heights, allowed uses and applicable ordinances. Historically municipalities could only tell citizens to reference the map to look up the zone and then go read about the rules in the code, a difficult to understand legally written document. This results in calls, emails and visits to the city which staff are forced to prioritize resulting in valuable resources being used to act as interpreters of the code. For the first time ever, municipalities are able to deliver all these data points at the property specific level using the Gridics technology. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 535 of 897 Height = 5 Stories n „ � 60% Lc)t Coverage 3D Visualruzat;nin �. ,W wuo.rcew ��Ot Caiculated Parcel Data 25" Rear Setbacks fi': ^^ euum ricks rc Searchable Map 1.3 Parking Spaces Unit .off k tat�na �r "" rimmuv mm„. � 7 Engine r"'""'14110lntegrattel Code Text 2.5 Dwelling Units/ Acre " "^, "'u �✓ �� i;;;a.slielr to IINa.lna.ae The Gridics Municipal Zoning Platform makes it easier than ever for staff to manage all the city's zoning information, planning visualizations and development data. Gridics gives your city real-time ordinance updating, automated GIS integration and ability to integrate with your electronic permit processing system. i;;;a.slielr to access The Gridics Municipal Zoning Platform puts all your land use and zoning information into a single location. No longer does a citizen have to go to one website to read the code, seek out another website to browse the map and then try to figure out how to connect the dots between the information on the map and the relevant information in the code. i;;;a.slielr "'ro lilntelrlpret, Understand and Visuia.IVliz.e The most common questions from citizens center around understanding site-specific setbacks, heights, allowed uses and applicable ordinances. Historically municipalities could only tell citizens to reference the map to look up the zone and then go read about the rules in the code, a difficult to understand legally written document. This results in calls, emails and visits to the city which staff are forced to prioritize resulting in valuable resources being used to act as interpreters of the code. For the first time ever, municipalities are able to deliver all these data points at the property specific level using the Gridics technology. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 535 of 897 VIII'° VIII' VIII' ""'rs &IIIIIIIIIIIIIIIVlII' VIII IIIIIIIIIIIIIII The Gridics Zoning Management Platform consists of a unified suite of tools including land use ordinance publishing, self-service zoning data lookup tools and robust zoning map and data visualization capabilities. 1. CodeHUB - land use ordinance publishing Take control of updates to your land use ordinance with real-time editing capabilities, version control, bookmarking and modern web display of tables and imagery. Integrated with the ZonelQ map and ZoneCheck self service tools, your citizens will have everything they need in a single unified zoning portal to easily find the information they're looking for. A1,,-rat11-1L1d ( .. 3 3 .�,�w d,r«l" .<<ro, .... « 2. ZoneCheck - self-service zoning data lookup 123 WIndberg Ln, ,�:I, r�F:, o, o Reduce calls and visits to the front counter by as much as Lafayette, LA 70503 o� 60% when you provide your citizens with ZoneCheck, a „L quick and easy to use tool to lookup site-specific data such as setbacks, heights, allowed uses and more. Integrated with your CodeHUB land use ordinance, it becomes easier than ever for citizens to find the nasal rtuwrt,ar (ARN> d1 n4.2t . information for their property and connect directly to the roee t7 1 . Ab d Residential(g),t.odging(1J,Cp(}Ir}1PrC.I.rI(4),Clvic(2),L;mic5uppnrt(9), relevant areas of the code text. RL :,ncaage7l aoeo-ial�4> Tax rat Area 5,663 ft' �IIIIIIIIII 0000000 Parcel Shape Area 5,501 ft' Maxtitr 111 Lot Coverage 8D11 ResldentiW fienstty U N / A— FloorA, e, Ratio 0 Lxisting M lding Area 1,784 ft' Maxlinum Oulfding Fnotprint 3,222 ft' Maxtitrunr 5ulldlrig Levels 5 Maxlmom Rasldential Units . Primary Frontage Setback 20.00 ft Secondary frontage Setback 20.00 ft Sloe Setback 5.00 ft Ran, Setback 10.00 ft Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 536 of 897 VIII'° VIII' IIIII'i' ""'rS &Illlllllllllllli VIII' VIII Illlllllllllllli iI tliiii iiia viii ZonelQ - zoning map and 3D data visualization Take your zoning and planning mapping capabilities to the next level by unifying all mapping layers into our easy to navigate interface with one -of -a -kind 3D visualization capabilities. f,l"I"ll Professional Planning & GIS Services Leverage our expert tech -enabled planners and GIS staff to produce development analysis at a fraction of the cost and time of traditional A&E firms. • Redevelopment Analysis • Scenario Planning • Master Plan Design • 3D Buildout Scenarios • TOD Study Analysis • Corridor Studies W IN Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 537 of 897 VIII'°�� IIIIIIIIIIIIIII�� IIIIIIIIIIIIIII�� VIII'°�" VIII IIIIIIIIIIIIIII�� Gridics will implement the following web application products: • GIS Integration to Gridics Platform - Gridics will obtain via REST API or directly, all relevant GIS shapes necessary to calibration and calculate site-specific zoning attributes. • Code Analysis & Calibration - Gridics will define and implement relevant land use regulations into the Gridics zoning engine for calibration and calculation of site specific zoning attributes and development allowances. • CodeHUB • Implementation, activation and ongoing hosting of the land use ordinance text at a publicly accessible webpage at the following or similar root domain ...q..., 6cs.c.om/us/st/c.it ...nan e • Linking to any definitions or other websites as directed by client staff. • Formatting to maintain consistency of form to ordinance document within the constraints of modern web publishing. • Mobile friendly availability of webpage. • ZoneCheck • Gridics will activate and host a publicly accessible zoning data lookup tool for users to search for property specific zoning data located at the following or similar root domain htti)s:Hzonecheck.gridics.com/us/st/city-name • Search capability will consist of address and allowed use. • Gridics will align with Client on which available data points to display. • ZonelQ Map o Gridics will implement, activate and host a publicly accessible, multi -functional map application located at the following or similar root domain �.lLp....:H!2i ..::..grid. c:.::.co,ni/u s/fit/ci.L....nanie. o Map modules will consist of layers, filters, and 3D Zoning. Additional modules such as Projects, Permits or custom modules will not be implemented. • Layers Module - Gridics will define which available GIS layers the Client would like to be available for display in the layers module. • Filters Module - Gridics will define which available property data the Client would like to be available for display in the layers module. • 3D Zoning Module - Gridics will define which available 3D Zoning layers the client would like to be available for display in the layers module. • Client will define which modules and sub -categories within modules will be public facing. • Ordinance Integration - Gridics will link base zoning and overlays from property details within the map to the respective areas of the text ordinance for ease of reference and navigation. • Professional Services • Gridics will provide up to 20 hours of professional planning and/or GIS services per year at no additional cost. • Gridics reserves the right to reject project requests that are not within its core capabilities. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 538 of 897 1. Billing a. Implementation - 50% due at execution of contract, 50% due at completion of implementation. b. Annual recurring licensing due at execution date of contract. 2. Training & Support - Gridics will provide one in-person training and optionally will provide one 90 minute virtual training sessions per quarter. 3. Staff Accounts & Access - Gridics will provide unlimited number of staff accounts. Client will define which staff members shall have access to land use ordinance and calibration editing. 4. Data Ownership a. All data added to the platform from the client is owned by the client. b. All data calculated using the patented Gridics zoning engine is owned by Gridics. c. All pro service project visualization and data are jointly owned by client and Gridics. d. Gridics reserves the right to use all pro services work to promote its services. IIIII�� IIIIP�IIIIIIIII�� VIII'°° ` IIIIP�IIIIIIIII�� VIII'°°� VIII'°° VIII'°" IIIIP�IIIIIIIII�� III IIIIP�IIIIIIIII�� III Whereas Boynton Beach desires to provide its citizens with immediate access to parcel and/or property specific zoning data through the creation of a parcel level zoning property record. To achieve this, citizens must have access to both zone specific attributes such as setback requirements as well as calculated property specific attributes such as maximum buildable area. Determining these data points requires a system to know what zone and overlays a property sits within and how the various development allowances apply to each unique geometric parcel shape. Gridics LLC, through its Technology and its accompanying applications, is the only company in existence with the capability to calculate parcel and/or property specific attributes at scale. The Gridics patented zoning calculation technology is the first and only one of its kind. Once all zoning rules are properly calibrated, our technology determines over 35 parcel and/or property specific zoning attributes and calculations that have heretofore only been able to be determined manually. In addition, the Gridics engine is capable of outputting digitized 3D massing shapes for visualization of the zoning data on a map at the parcel specific level. As such, Gridics has been granted sole source procurement by nearly all of the municipal jurisdictions it has partnered with to date. As part of the contract, Gridics will provide Boynton Beach procurement officials with an official sole source letter. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 539 of 897 VIII III IIIIIIIIIIIIIII�� ""'VIII IIIIIIIIIIIIIII�� III ""' Product Description Year 1 Year 2 Year 3 Total Code calibration, Implementation calculation, application $20,000 $20,000 activation and staff training Self-service property ZoneCheck zoning lookup, data and $27,000 $27,000 $27,000 $81,000 map Integrated online zoning MuniMap map with 2D & 3D $9,000 $9,000 $9,000 $27,000 visualization of zoning CodeHUB Code text publishing $12,000 $12,000 $12,000 $36,000 website Support & Hosting, Data Maintenance Maintenance and Staff $6,000 $6,000 $6,000 $18,000 Support Total $74,000 $54,000 $54,000 $182,000 Additional Services: Gridics will provide up to 20 hours of Professional Services per year. Additional hours of professional services will be quoted based on scope and complexity of the work but will never exceed $200/hour. III IIIIIIIIIIIIIII VIII'°° VIII III III VIII III& ZGNVIHNGIIIIIIIIIIIIIII III III IIIIIIIIIIIIIIIlII IIIIIIIIIII IIIIIIIIIIIIIII VIII'ZS Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 540 of 897 At Gridics, our roots are in zoning, urban planning, architecture, GIS and real estate data technologies. Our goal with every new customer is to establish a partnership that leverages our tech -enabled team to help supercharge the capabilities of the planning and zoning staff while delivering modern solutions for the citizens to make it easier to understand zoning. I NA. ZA!:.. Ji A, F:�O U N D Max is an architect and urban planner with almost two decades of experience, currently principal of OSKI Studio and Co -Founder / Director of the ZonelQ product in Gridics. As a native of Ecuador, Mr. Zabala is fluent in English and Spanish. Mr. Zabala earned a degree in architecture and engineering technology from Wentworth Institute of Technology in Boston, MA in 2001 and later graduated from the Masters of Architecture program at the University of Miami in 2007. Mr. Zabala has experience with both private and public projects in all phases of the architectural and urban planning process, including design development through construction administration, merging technical expertise and design flexibility. During his Urban Planning career, Mr. Zabala developed ZonelQ, the world's first site-specific zoning application. ZonelQ allows anyone to understand development capacity for any parcel or assemblage, design new zoning codes, run scenarios, and more. A;;; IDUCA.'TIVOII • B.S., Architectural Studies / Wentworth Institute of Technology • M.S., Architecture / University of Miami III:3 IVlml IA;;; C "'f"S .,, co • Miami 21 Zoning Code - Prepared comparison analysis of old vs. new code for the City of Miami • Dammam Dist. Structure Plan - New Downtown Center Zoning Code for the City of Dammam, Saudi Arabia • Chapelton Urban Guidelines - New Town Design and Zoning Guidelines for the City of Aberdeen, Scotland • Mineral de Pozos, Mexico - Mixed Use Development and Design Guidelines • Arcahaie, Haiti - Developing Sustainable Traditions & Innovations in Architecture and Urbanism for the Region, Towns and the Rural Villages of Arcahaie. Regional Planning and Sustainable Strategies • Isabela Island, Galapagos • Regional Planning and Zoning Isabela Sustainable Regional and Urban Codes (2014) • Sustainable Hamlet Santo Tomas: Sustainable Hamlet Prototype and Prototype Zoning Guidelines (2014) • Sustainable Regional and Urban Regulations (2014) • Urban Regulations for Puerto Villamil (2012) • Floreana Island, Galapagos / OSKI Studio 2012 & 2014 • Puerto Velasco Ibarra: Urban Regulations, Infrastructure and Urban Rezoning (2014) • Sustainable Regional and Urban Regulations (2012) • Orange County - Orange County Zoning Code: Preparing Orange County for the future • Albuquerque, NM - TOD Master Plan and Zoning Review: Visualizing how to improve zoning for a new TOD corridor • Port Chester, NY - Zoning Code Update: Preparing Build -out scenarios for current and new zoning codes. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 541 of 897 III:3IVlml ::.:; C "'f"S .,, U IF1I1:3A.11 i • Houston, TX - Developing Sustainable Traditions & Innovations in Architecture and Urbanism for the Region, Towns and the Rural Villages of Arcahaie: Regional Planning and Sustainable Strategies • San Antonio, TX - Rackspace: Mall Retrofit and Urban Design (19 AC) • Miami, FL - PortSide Miami: New Wall Trade Center Miami Master Plan (33 AC) • Tigre, Argentina - Rio Lujan: Town Center Neighborhood Design (37 AC) • Hermosillo, Mexico - Bonfil: Mixed Use Development (1,700 HA) • QingDao, China - QingDao 360: Mixed Use Development (32 HA) • Isabela Island, Galapagos - Sustainable Hamlet Santo Tomas Prototype (10 HA) • Floreana Island, Galapagos - Puerto Velasco Ibarra: Urban Regulations, Infrastructure and Urban Re -Zoning (35 HA) • Santa Cruz Island, Galapagos - Santa Rosa: Urban Regulations, Infrastructure and Urban Design (15 AC) • Mineral de Pozos, Mexico - Mixed Use Development ( 850 HA) • Hermosillo, Mexico - Puerta Oeste: Mixed Use Development and Regional Plan (2,100 HA) LUCIANA LINS, SENIOR PLANNER & ARCHITECT Luciana Lins is an architect and urban planner with a Masters degree in both Architecture and Engineering. Prior to joining Gridics, Luciana worked with Pelli Clarke Pelli Architects in New Haven, CT where she developed i„'°„ i' lmaster plans, airports and university campus buildings. In 2009 Luciana °% "�°°' co-founded an architecture firm based in Sao Paulo, Brazil. Her firm was responsible for the design of several production facilities for airplane manufacturer Embraer as well as many bespoke residences. In 2013 Luciana was asked to join IPPLAN, a non profit urban planning institute, where she was responsible for developing master, comprehensive and transportation plans throughout Brazil. Luciana is also a professor and has taught architecture related courses at several universities. At Gridics, Luciana is leveraging her experience to help develop ZonelQ - the future of smart urban development. A;;; IDUCA."'f"IVOII • B.S., Arts in Architecture, Cum Laude • M.S., in Architecture / University of New Mexico • M.S., Aeronautical Engineering / SJC Aeronautics Institute of Technology III:3IVlml ::.:; C "'f"S Gridics 2016 - Present • Midtown Tri -Rail Station Study — Miami, FL • Flagler Street Development Potential Study — Miami, FL • Score System for the Collaborative Research CRISP (Coastal City Resilience Project, UM) • Amazon HQ2 Study for Miami Campus IPPLAN / 2013-2015 - Collaborated with municipal government agencies to develop strategic urban planning mechanisms and coordinated the communication between government departments (transportation, historical, cultural, economic development, planning and parks) and the community to determine goals for the future development of cities. • Comprehensive Zoning Code - City of Sao Bento do Sapucai, Sao Paulo • Mobility Plan - City of Tremembe, Sao Paulo • Downtown Revitalization Plan and Public Benefits Analysis - Sao Jose dos Campos, SP Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 542 of 897 UNIP / 2010-2015, UNIVAP / 2013-2014 - University professor teaching in the fields of architecture, urban planning and regional planning. - Universidade de Sao Paulo & Universidade do Vale do Paraiba, SJC, SP Partner/Co-Founder, Giannini Arquitetura / 2007-2015 - As founding partner and managing business director, I was responsible for operating and managing the business as well as defining the strategic goals of the company. • Embraer KC -380 Production Facility in Botucatu, SP • Embraer KC -380 Production Facility in Gaviao Peixoto, SP • Grupo Libra Administrative Building in the Port of Santos, SP • Auditorium and Administrative building in Brasilia, DF Pelli Clarke Pelli / 2001-2006 - While at Pelli Clarke Pelli Architects, experience included a range of both national and international architectural and planning projects as well as design competitions. As a team member, my responsibilities included schematic design (SD), design development (DD), coordination of consultants, coordination of construction documents (CD) and project management through construction (CA). AWAJIU)S IV IV' IU;;; S IU;;; II rA riaN & Ill U IU;,t IU,,, II CA. ri G II S O Vale Newspaper/ Nov 30th, 2014 and Nov 23th, 2015 - Two articles published in O Vale, a regional Brazilian newspaper with distribution in the state of Sao Paulo. The paper requested an expert view regarding rapid urban growth, density, sprawl and public transportation issues facing most cities today. Member of COMAM, 2015 - Appointed by the city of Sao Jose dos Campos, Brazil to be a member of the Environmental Council Board XIII Air Transportation Symposium, Presentation and Publication, Sao Paulo, 2014 - The study took into consideration that Viracopos already is a major international cargo hub and that its importance as a passenger terminal is expanding rapidly. The intention was to bring to light possible ways to mediate current and future conflicts in the areas surrounding airport sites. These conflicts can be attributed to inadequate planning and project management to incompatible and inadequate zoning regulations in the areas surrounding most airport sites in Brazil and internationally. VI Latin American School of Systemic Thinking and Design Annual Meeting, Presentation, Sao Jose dos Campos, SP, 2013. - In collaboration with the Universidad de Ibague in Columbia and the Technological Institute of Aeronautics (ITA) in Brazil, an investigation was undertaken to determine how mobility and transportation influence the larger systems in a particular region. Using a database of information developed by IPPLAN, I was responsible for elaborating a SODA map (Strategic Options Development and Analysis)or cognitive mapping, a method for working through complex problems in a visual manner. The American Institute of Architects Award, American Institute of Architects, 2001 - For the excellence of studying Architecture FMSM Scholarship Award, Flatow, Moore, Shaffer & McCabe Architects, 1999 - Best portfolio of architecture work. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 543 of 897 "Our partnership with Gridics has been outstanding, and through the CodeHUB platform, we're providing innovative new tools to the public, while increasing process efficiency and reducing costs," Mike Sarasti, the City of Miami's Chief Information Officer and Director of DoIT. "It is a pleasure to work with the Gridics team. Their work quality and efficiency combined with their expertise in zoning and architecture made it easy for everyone to understand the development possibilities to help us make more informed decisions." Raelin Story, Economic Development Director, City of Hollywood, FL "Working with Gridics has been a delightful experience. I find their team of experts to be knowledgeable, professional and very accessible. Their digital zoning platform has radically enhanced our public engagement and helped the city deliver real-time zoning updates and data to investors, developers and citizens. " Tanya Wilson, AICP, Director of Planning, City of North Miami "Greater Salt Lake MSD is committed to being on the forefront of urban planning in the State of Utah. We strive to be a model for other municipalities, and Gridics is helping staff make informed zoning changes across our municipalities and unincorporated land." Lupita McClenning, Director of Planning and Development for Greater Salt Lake County MSD VIII' 11111°°°° III VIII VIII' VIII' VIII VIII' VIII' III VIII' III • GIS -REST API into ArcGIS or similar GIS data repository preferred. • Modern Web Browser - All applications are cloud based and are accessed via a web browser. Chrome and/or Safari are preferred. Internet Explorer is not supported This proposal is valid for 90 days from the date of delivery. Signature below acknowledges receipt of the above proposal and terms and is non-binding. Jason Doyle, Gridics CEO Authorized Client Representative Print Name/Title AIpIpeindix SainnIpVIbiii ° iii II1iii °f TECHNOLOGY SOFTWARE -AS -A -SERVICE (SaaS) AGREEMENT AGREEMENT BETWEEN Gridics, LLC and Orange County FOR SOFTWARE -AS -A -SERVICE Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 544 of 897 THIS AGREEMENT ("Agreement"), is entered into this _ day of 2020, by and between the City of [CITY NAME], a [STATE] municipal corporation, whose address is ("City") and Gridics, a LLC whose address is 169 E. Flagler St. Suite 1640, Miami, FL 33131 ( "Gridics") (collectively referred to as the "Parties"). RECITALS: The following Recitals are a substantive portion of this Agreement: A. City is a municipal corporation duly organized and validly existing under the laws of the State of B. Gridics is specially trained, experienced and competent to perform the special services required under this Agreement. C. City and Gridics desire to enter into an agreement for Gridics's provision of software -as -a -service (SaaS) pertaining to City's online systems. Through this Agreement, Gridics shall provide to City initial implementation of the Gridics municipal software platform for evaluation, analysis, planning and visualization of City's zoning regulations, and ongoing user access licenses relating to the City's network. The full scope of services covered by this agreement is described in the attached Exhibit A: Service Level Agreement (the "SLA"). NOW, THEREFORE, the Parties mutually agree as follows: TERM - The term of this Agreement shall commence on the date and year written above. The term of this Agreement is one year, unless the Agreement is terminated prior thereto under the provisions of Section 16, below. This Agreement may be renewed for two additional one year terms. SCOPE OF SERVICES AND CONDITIONS THEREOF - Subject to the terms and conditions set forth in this Agreement, Gridics shall perform each and every service to the schedule of performance set forth in the SLA (collectively "Services"), as described below. a. Responsibilities of Gridics. Gridics shall provide the software services as further described in the SLA. The Services provided under this Agreement shall include (a) any software, plug -ins or extensions related to the Services or upon which the Services are based including any and all updates, upgrades, bug fixes, dot releases, version upgrades or any similar changes that may be made available to the Gridics from time to time (the "Software"), (b) any and all technical documentation necessary or use of the Services, in hard copy form or online (the "Documentation"), (c) regular maintenance of Gridics' system, and (d) other technology, user interfaces, know-how and other trade secrets, techniques, designs, inventions, data, images, text, content, APIs, and tools provided in conjunction with the Services. Equipment. If necessary to enable Gridics to fulfill its obligations under the SLA, Gridics shall, at its sole cost and expense, furnish all facilities, personnel and equipment to City necessary to provide the Services (the "Equipment"). City agrees, if necessary, to install the Equipment at the location(s) and in the manner specified by Gridics and as directed by Gridics. Any Equipment installed by City is a part of the Service and loaned to City by Gridics, not sold. City agrees to return the Equipment to Gridics at the termination of this Agreement in an undamaged condition, less ordinary wear and tear. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 545 of 897 c. Registration. Prior to using the Services, City shall identify the administrative users for its account ("Administrators"). Each Administrator will be provided an administrator ID and password. d. License Grant. Gridics hereby grants City a license to use the Software and the Documentation for the permitted purpose of accessing the Services. e. Reservation of Rights and Data Ownership. City shall own all right, title and interest in its data that is related to the services provided by this contract. Gridics shall not access City user accounts or City data, except (1) as essential to fulfillment of the objectives of this Agreement, (2) in response to service or technical issues, or (3) at City's written request. f. Data Protection. In carrying out the Services, Gridics shall endeavor to protect the confidentiality of all confidential, non-public City data ("City Data") as follows: i. Implement and maintain appropriate security measures to safeguard against unauthorized access, disclosure or theft of City Data in accordance with recognized industry practice. ii. City Data shall be encrypted at rest and in transit with controlled access. Unless otherwise stipulated, Gridics is responsible for encryption of the City Data. iii. Gridics shall not use any City Data collected by it in connection with the Services for any purpose other than fulfilling the obligations under this Agreement. g. Software Ownership. Gridics owns the Software, Documentation and any underlying infrastructure provided by Service Provider in connection with this Agreement. City acknowledges and agrees that (a) the Software and Documentation are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, (b) Gridics retains all right, title and interest (including, without limitation, all patent, copyright, trade secret and other intellectual property rights) in and to the Software, Documentation, any other deliverables, any and all related and underlying technology, and any derivative works or modifications of any of the foregoing, including, without limitation, (c) the Software and access to the Services are licensed on a subscription basis, not sold, and City acquires no ownership or other interest in or to the Software or the Documentation other than the license rights expressly stated herein, and (d) the Services are offered as an on-line, hosted solution, and that City has no right to obtain a copy of the Services. h. Restrictions. City agrees not to, directly or indirectly: (i) modify, translate, copy or create derivative works based on the Services or any element of the Software, (ii) interfere with or disrupt the integrity or performance of the Services or the data contained therein or block or disrupt any use or enjoyment of the Services by any third party, (iii) attempt to gain unauthorized access to the Services or their related systems or networks or (iv) remove or obscure any proprietary or other notice contained in the Services, including on any reports or data printed from the Services. i. Security Incident. In the event a data breach occurs with respect to City Data, Gridics shall immediately notify the appropriate City contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident. Gridics shall (1) cooperate with City to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the data breach, including any post -incident review of events and actions taken to make changes in business practices in providing the services, if necessary. j. Notification of Legal Requests. Gridics shall contact City upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to City Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 546 of 897 Data. Gridics shall not respond to subpoenas, service of process and other legal requests related to City without first notifying City, unless prohibited by law from providing such notice. k. Access to Security Logs and Reports. Gridics shall provide reports to City in a format as specified in the SLA agreed to by both Gridics and City. Reports shall include latency statistics, user access, user access IP address, user access history and security logs for all City files related to this Agreement. I. Responsibilities and Uptime Guarantee. Gridics shall be responsible for the acquisition and operation of all hardware, software and network support related to the services being provided. The technical and professional activities required for establishing, managing and maintaining the environments are the responsibilities of Gridics. The system shall be available for City's use on a 24/7/365 basis (with agreed-upon maintenance downtime). m. Subcontractor Disclosure. Gridics shall identify all of its strategic business partners related to services provided under this Agreement, including all subcontractors or other entities or individuals who may be a party to a joint venture or similar agreement with Gridics, and who shall be involved in any application development and/or operations. n. Business Continuity and Disaster Recovery. Gridics shall provide to City a written business continuity and disaster recovery plan prior to or at the time of execution of this agreement and shall ensure that it meets City's recovery time objective (RTO) of four (4) hours or less. o. Compliance with Accessibility Standards. Gridics shall comply with and adhere to the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101). p. Web Services. Gridics shall use Web services exclusively to interface with City Data in near real time when possible. q. Encryption of Data at Rest. Gridics shall ensure hard drive encryption consistent with validated cryptography standards as referenced in FIPS 140-2, Security Requirements for Cryptographic Modules for all personal data, unless City approves the storage of personal data on Gridics's portable device in order to accomplish work as defined in the statement of work. 3. COMPENSATION TO GRIDICS - Gridics shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed [QUOTED AMOUNT]. The payments specified in this section shall be the only payments to be made to Gridics for services rendered pursuant to this Agreement. Gridics shall invoice City according to the following schedule: [PAYMENT TERM/TIMING DESCRIPTION] $XX,XXX Per Year City shall pay Contractor within thirty (30) days after receipt of Gridics' invoice. City shall return to Gridics any payment request determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt, and shall explain in writing the reasons why the payment request is not proper. 4. TIME IS OF THE ESSENCE - Gridics and City agree that time is of the essence regarding the performance of this Agreement. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 547 of 897 5. LICENSES: PERMITS: ETC. - Gridics represents and warrants to City that it has all licenses, permits, qualifications, and approvals of whatsoever nature which are legally required to carry out the purposes of this Agreement. 6. ASSIGNMENTS - Gridics may assign, sublease, or transfer this Agreement, or any interest therein, to a third party with the prior written consent of City. Such consent shall not be unreasonably withheld. City's withholding of consent shall be deemed reasonable if it appears that the intended assignee in question is not financially or technically capable of performing Gridics's obligations under this Agreement, or if City has reason to conclude that the proposed assignee is otherwise incapable of fulfilling Gridics's duties hereunder. 7. INDEPENDENT PARTIES - Gridics has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, Gridics shall not attain nor be entitled to any rights or benefits of the City, nor any rights generally afforded classified or unclassified employees of the City. Gridics further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Gridics, and agrees to provide workers' compensation insurance for any employee or agent of Gridics rendering Services to the City under this Agreement. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA) - Gridics assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Gridics shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Gridics. 9. NON-DISCRIMINATION - Gridics certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. Gridics further agrees that neither Gridics, nor any parent company, subsidiaries or affiliates of Gridics are currently engaged in, nor will engage in during the term of this Agreement, the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. 10. INTELLECTUAL PROPERTY INDEMNIFICATION - Gridics agrees to, at its expense, defend and/or settle any claim made by a third party against the City alleging that the City's use of the Services infringes such third party's United States patent, copyright, trademark or trade secret (an "IP Claim"), and pay those amounts finally awarded by a court of competent jurisdiction against the City with respect to such IP Claim. 11. DUTY TO INDEMNIFY AND HOLD HARMLESS - Gridics shall indemnify, defend, and hold harmless City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including for any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Gridics or Gridics' employees, officers, officials, agents or independent contractors, except where such liability arises solely as a result of the active negligence or tortious conduct of City or its agent. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. The provisions of this Section survive the completion of the Services or termination of this Contract. Nothing in this Agreement shall be deemed or treated as a waiver by the City of any immunity to which it is entitled by law, including but not limited to the City's sovereign immunity as set forth in Section 768.28, Florida Statutes. 12. INSURANCE: a. General Requirements. On or before the commencement of the term of this Agreement, Gridics shall furnish City with certificates showing the type, amount, class of operations Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 548 of 897 covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "B". Gridics shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement. b. Subrogation Waiver. Gridics agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Gridics shall look solely to its insurance for recovery. Gridics hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Gridics or City with respect to the services of Gridics herein, a waiver of any right to subrogation which any such insurer of said Gridics may acquire against City by virtue of the payment of any loss under such insurance. 13. RECORDS - Gridics shall maintain internal records reflecting that the Services were performed by Gridics hereunder in accordance with customary recordkeeping practices in the software development industry. Gridics shall provide free access to such records to the representatives of the City or its designee's at all reasonable and proper times, and gives the City the right to examine and audit same, and to make transcripts therefrom as necessary. No such examination and audit shall give the City the right to access records relating to other Gridics customers. Such records shall be maintained for a period of three (3) years after Gridics receives final payment from City for all services required under this agreement. 14. NONAPPROPRIATION - This Agreement is subject to the fiscal provisions of the City's Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 15. NOTICES - All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after deposit in the U.S. Mail, postage prepaid, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: To City: [Name], City Manager City of [City Name] City Address City, St ZIP Copies To: [Name], City Clerk City of [City Name] City Address City, St ZIP [Name], City Attorney City of [City Name] City Address City, St ZIP Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 549 of 897 To Gridics: Gridics, LLC 169 E. Flagler St. Suite 1640, Miami, FL 33131 Attention: Jason Doyle 16. TERMINATION a. Basis for Termination. In the event Gridics fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Gridics shall be deemed in default in the performance of this Agreement. If Gridics fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Gridics written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Gridics as provided herein. Upon receipt of any notice of termination, Gridics shall immediately discontinue performance. b. Pro Rata Payments. City shall pay Gridics for services satisfactorily performed up to the effective date of termination. In such event, a calculation of the amounts due shall be deemed correct as computed on a pro rata basis with compensation provided for the period of service paid as a percentage of the total contract amount. c. Handling of City Data. In the event of a termination of this Agreement, Gridics shall implement an orderly return of City data in a CSV or another mutually agreeable format at a time agreed to by the parties and the subsequent secure disposal of City data. During any period of service suspension, Gridics shall not take any action to intentionally erase any City data for a period of 30 days after the effective date of termination, unless authorized by City. City shall be entitled to any post -termination assistance generally made available with respect to the Services; unless a unique data retrieval arrangement has been established as part of the SLA. Gridics shall securely dispose of all requested data in all of its forms, such as disk, CD/ DVD, backup tape and paper, when requested by City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST) -approved methods. Certificates of destruction shall be provided to City. 17. WARRANTY AND WARRANTY DISCLAIMER - Gridics warrants that, (i) the services shall be provided in a diligent, professional, and workmanlike manner in accordance with industry standards, (ii) the services provided under this agreement do not infringe or misappropriate any intellectual property rights of any third party, and (iii) the services shall substantially perform in all material respects as described in the SLA in the event of any breach of section (iii), above, Gridics shall, as its sole liability and your sole remedy, repair or replace the services that are subject to the warranty claim at no cost to City or if Gridics is unable to repair or replace, then it will refund any pre -paid fees for services not rendered. Except for the warranty described in this section, the services are provided without warranty of any kind, express or implied including, but not limited to, the implied warranties or conditions of design, merchantability, fitness for a particular purpose, and any warranties of title and non -infringement. 18. COMPLIANCE - Gridics shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 19. GOVERNING LAW - This Agreement shall be governed by, construed in accordance with, the laws of the State of Florida. The venue for any dispute arising from this Agreement shall be the Circuit Court of Miami Dade County, Florida. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 550 of 897 20. INTEGRATED CONTRACT - This Agreement, including all appendices, represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Gridics. In the event that any Service Level Agreement, Exhibit, associated instrument or agreement executed by the Parties in conjunction with this Agreement or prior thereto contains a term that conflicts with the terms of this Agreement, the terms of this Agreement shall govern and supersede any other document or Exhibit. 21. NO CONTINGENT FEES - Gridics warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Gridics, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for Gridics any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 22. GRIDICS' COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW - Pursuant to Section 119.0701 of the Florida Statutes, Gridics agrees to: a. Keep and maintain public records in Gridics's possession or control in connection with Gridics' performance under this agreement. Gridics shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the City. b. Upon request from the City's custodian of public records, Gridics shall 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. Notwithstanding, it is understood that at all times Gridics's workpapers shall remain the sole property of Gridics, and are not subject to the terms of this Agreement. d. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of Gridics shall be delivered by Gridics to the City Manager, at no cost to the City, within seven (7) days. All such records stored electronically by Gridics shall be delivered to the City in a format that is compatible with the City's information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, Gridics shall destroy any and all duplicate records that are exempt or confidential and exempt from public records disclosure requirements. Notwithstanding the terms of this Section, the Parties agree and it is understood that Gridics will maintain a copy of any information, confidential or otherwise, necessary to support its work product generated as a result of its engagement for services, solely for reference and archival purposes in accordance with all applicable professional standards, which will remain subject to the obligations of confidentiality herein. e. Any compensation due to Gridics shall be withheld until all records are received as provided herein. f. Gridics's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 551 of 897 IF GRIDICS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO GRIDICS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT [Phone] [emaill OR BY MAIL: City of [City Name] — City Clerk's Office, [Address]. 23. SCRUTINIZED COMPANIES a. Gridics certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if Gridics or its subcontractors are found to have submitted a false certification; or if Gridics, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, Gridics certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if Gridics , its affiliates, or its subcontractors are found to have submitted a false certification; or if Gridics, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. Gridics agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. 24. WAIVER - No delay or omission by either Party hereto, in the exercise of any right or remedy hereunder, shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any Party must be in writing and signed by the Party against which such waiver is sought. A waiver by either of the Parties hereto of any of the covenants to be performed by the other or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or any other covenant herein contained. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either Party at law, in equity or otherwise. 25. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. GRIDICS Gridics, LLC By Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 552 of 897 Title Date City of A Municipal Corporation By Title Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY for the use and reliance of the City of [City Name], [State], only: [Name], City Attorney ATTEST: City Clerk Exhibits: Exhibit A: Scope of Work Exhibit B: Insurance Requirements and Proof of Insurance Gridics LLC, 169 E Flagler Street, Miami, FL 33434 Page 553 of 897 7.D. Requested Action by Commission: Approve the purchase of twenty-two (22) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $859,345 by utilizing the following contracts: Florida Sheriffs Association, FSA20-VEL28.0, FSA20-VEH18.0, and Sourcewell contract #120716 -NAF. Explanation of Request: The Fleet Manager recommends the purchase of twenty-two (22) 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 #1 20716 -NAF (Effective January 17, 2017—January 17, 2022) 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 ten (10) Chevrolet Traverse for Police in the amount of $267,590.00 and four (4) Toyota Rav4 hybrids for Police in the amount of $112,664.00. These units utilize the FSA20-VEL28.0 and Sourcewell #120716 -NAF contracts. 2. Duval Ford for two (2) Ford Escape AW D hybrids for Police in the amount of $53,184.00, one (1) Ford Escape FWD hybrid for Police in the amount of $25,538.00, and four (4) Ford Police Interceptor AW D hybrids for Police in the amount of $164,696.00. These units utilize the FSA20-VEL28.0 contract. 3. Rechtien International for one (1) International with Labrie Recycle body for PW/Solid Waste in the amount of $235,673.00. This unit utilizes the FSA20-VEH18.0. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents. Fiscal Impact: The total amount of $981,900.00 was approved in the FY 21-22 budget for this purchase of $859,345.00. Alternatives: By deferring purchases, departmental maintenance cost and equipment downtime would increase. Strategic Plan: Strategic Plan Application: Page 554 of 897 Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Various Vendors Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D AttachirTIENI'lt D QLAOtE)S D QLAOtE)S D QLAOtE)S Description S pir'EsadshE)E)t VE)NiCJE) PLArchaSE)SI JiStE,d:fll VE)NiCJE) PLArchaSE)SI JiStE,d:92. VE)NicE) PLArchaSE)SI JiStE,d:93 Page 555 of 897 Fleet Vehicles Purchased FY2021-2022 C:1Elser TailylMDocum eNCopy of Fleet Vehicle Purchases FY2021-2022 December 7 2021 Page 556 of 897 1 of 1 ORIGINAL 12021 QUICK QUOTE SHEET REVISED 2d21 ATE REQUESTING AGENCY °BOYNTON._BEACH, CITY OF CONTACT PERSON WILLIAM DARTY EMAIL Dartvwea.bbfl.us PHONE 661-742-6215 MOBILEFAX SOURCEWELL (FORMERLY NJPA) CONTRACT # 2022120716 -NAF & 060920 -NAF www.NationalAutoFfeetGroup.com MODEL 1 NB561 FL MSRP X34 "000.00 2022 CHEVY TRAVERSE 2WD 1FL ACCESSORY TOTAL CUSTOMER ID BASE VEHICLE PRICE $26,099.00 BED LENGTH SUV * All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION GAZ EXTERIOR COLOR SUMMIT WHITE - qty 1 $0.00 GAO Northsky Blue --qty-2 $0.00 G MOSAIC BLACK - qty ------------------------------------- $0.00 -------_------------ __G-----------------------------------------------------------_ - ----------------- GAN - -METALLIC -3 --B$ - - - -- -- --- Quicksilver Metallic City $0.00 LFY M3U -4 3.6L V6 ENGINE WITH 9 -SPD AUTOMATIC TRANSMISSION $0.00 PW PL PWR WINDOWS AND LOCKS (INCL) -------- $0.00 --------- —° _°----__-- RKE -------------------------------------------------------------------------------------------------------------- REMOTE KEYLESS ENTRY (STD)$0.00 -------------------- ----------------------- BT ----------------------------------------------------------------------------------------------------------------------------------- BLUE TOOTH (STD) $0.00 BUC FACTORY BACK UP CAMERA(STD). $0.00 FACTORY OPTIONS $0.00 CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag includes temp tag & two way overnight shipping for signature. $245.00 3BLS 3rd brake light safety sulse (Pulses 3rd brake light (4) times upon application of brake pedal to increase driver $200.00 awareness behind you when stopping) 3KR Additional key and remote, cut and programmed. $215.00 ............................... CONTRACT OPTIONS $660.00 VEHICLE TOTAL $26.099.00 MSRP DISCOUNT 23.2% ACCESSORY TOTAL $660.00 TRADE IN CUSTOMER PRICE $26,759.00 ......... YES WE TAKE TRADE INS -- ASK ABOUT MUNICIPAL FINANCING $o -Oa TOTAL COST LESS TRADE IN(S) QTY 10 $267,590-00 Estimated_. nal payments for 60 months paid in advance: $5,992.92 Extended: $59,929.15 Municipal finance for any essential use vehicle, requires lender ap raval,- AC. Comments STOCK UNIT VIN: [VIN NA) READY FOR QUICK DELIVERY _... VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER christv.sel �alaniavzom "I 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 Ume. I am always happy to be of assistance. NJPA-BOYNTON BEACH, CITY OF-1NB56 1FL_34333-2_Quote.PDF Page 1 of 1 Page 557 of 897 11/19/21. 7:23 AM AlUtO Ill III ieet Cars, \/ZV IS, S�,.YVS, SII Pvl ui Ir 1� III 120716 -NAF I Sourcewell . ....... . . 1�`roducts & Services **COVID-19 I 1pdate** i"k 9 "i 1II s ce ss to t fo i I c"""�'llv 11' j�") (,!'s D f g (D d �,5 - J, Souf'roc"ruvelll ("'.orjrtra,r,','t 12�I'll e c E�� s Pa in ge r c a rs i Ig "'ll I ty rl� I n Forci .iota I f""i r'l r In alt i c In a ri b e fc:.i rii cl c:� In 1: 1"1 (,J ir" - f,:1 'id, "I cw "li I�, o IIIll" ii ri, R e r 'i t I e b s II tiI, �1kt. ("A ID, CID �T Beconne a Ivienflber h"://www.soureewell-mn.govlcooperative-purchasing1120716-nai#tab-products-and-services Page 558 of aa7 11119121, 7:20 AM q wxli) 10 Ll IN h) a filor"i a LN do 120716 -NAF i Sourcewell C SIL"AN & Oil,[ier, VeKk ES T,/20,22 . . .................... . . . . . . '', . ........ . ... ...... --- — ------- !�)roducts & Senrices C( )IIIIIIE), 11,59 Uplidatie" 1 2 gr�,/(?!'; s tic":') t1 11e of aivild s 1,11 "iC el'�N e r� r a �, t I f3", A", [" ("t; "") s r Pi, sserifTI&I, c""alrs "Se t8i_P1b,"4s Nflssan let Honda F"oni I C)yol,,,,a j"V,iditional information can br- -found on the vend or-prf"wided, nongovernment website at: Becorne a Mernber hftps://www.sourcewell-mn.govfcooperative-purchasing/120716-naf Page 559 of 8ft7 11119/21, 7:20 AM 120716 -NAF I Sourcewell Simply complete the or contact the Cient Development team at le 11' IC "j, ijrr- rrn n,, i,, v o r 8 7 7 - 5 8 5 - 9 7 0 6 Search Vendors & Contracts General ContiracLs ezl:Qc cointracts Sourcewell's v;elhsitp may contain links to nongovernment websites bcIng provided as a convenience and for informational PUrPOSCS only. Sourcewelli neither endorses nor guarantees, in any way, the external organization's Services, advice, or products included in these website links. Sourcev,;ell bears no responsibility for theaccuracy, legality, or timeliness of any content on the external site or for that of subsequent Unks. All questions related to content on external sites should be addressed directly to the host of that particular website. Soiurcietuell haps;//www.sourcewell-mn.govicooperative-purchasing1120716-naf Page 560 of 8&7 oolui� Auto Fleet p !�f�, w ok III::) III a I'I'I a IIS11 �' III�I�u"�'"I et IIS` W at„�IIm�llllR�"� imp �� lu� �� i�ll Ce { i7'III ioe o' oI IIrivii1, III, CA X115'6716 15III ,' VIS I"", III 11111'�l�i F3 '1 'i ',i4,�9 ';'°" In o Io r @P IIID a t i 'o uu°i lLA ii�i t o Ill o a IG 1, o m"�Iv 7 c Io IIIA, National Auto Fleet Group contract #120716 -NAF pricing utilizes a percentage off MSRP/List. National Auto Fleet Group offers pricing discounts ranging from 25.86% down to 1% across 15 manufacturers depending on the model. All vehicles can come with or without up -fitting from our national supplier or your local up fitter. Inquire within. Pricing can be obtained using two methods: 1. Online orderingprocess usmg�;��°h��... Once ... the Sourcewell member registers on the NAFG website, they then can build the desired vehicle to their specifications. The member then builds the vehicle and obtains an online quote for that specific vehicle. *Sourcewell pricing is built right into the NAFG site. 2. The Sourcewell member can also reach out to National Auto Fleet Group directly (1-855-289-6572) to have an associate Delp guide your agency with the appropriate vehicle's to fit your need. Jesse Cooper National Auto Fleet Group M= V-jjh':7V 4f Page 561 of 897 ORIGINAL 1 119 702 DATE QUICK QUOTE SHEET REVISED11192 21 ATE REQUESTING AGENCY BOYNTON BEACH, CITY OF CONTACT PERSON WILLIAM DARTY EMAIL. Da bbfl.us PHONE 561-742-6215 MOBILE FAX ...- ......, __ ............. ... ............... .... .... ...... FLORIDA SHERIFF'S ASSOCIATION BID #'S v2 FSA20-VEL28.0 www.fisheriffs.org ._. heriffs.vrg it .. MODEL ......................................... .... � 4435 ...., ... -. ..... ......................... SPECIFICATION # .. ...- 324................. -...... 2022 TOYOTA RAV4 HYBRID LE AWD PAGE # NA CUSTOMER ID BASE DISTRICT PRICE _. S27a211.D0 BED LENGTH SUV * All vehicles will be ordered white w/darkest interior unless clearly stated otherwise on purchase order. FACTORY OPTIONS DESCRIPTION 040 EXTERIOR COLOR SUPER WHITE $0•00 FB20 BLACK, FABRIC SEAT TRIM $0.00 CPO SEE ATTACHED PRINTOUT FOR COMPLETE VEHICLE DETAILS $0.00 ------------------ -- -- - . - - .................. ....... FACTORY OPTIONS $0.00 CONTRACT OPTIONS DESCRIPTION NEW -TAG New CITY tag Includes temp tag & two way overnight shipping for signature.(specify state, county, city, sheriff, etc.) $290.00 -------------------- 3K SMART 3rd key and remote for vehicies with proximity access. $380.00 WTF SUV 2 Weather Tech floor I1ner system (1st & 2nd rows). ----------$285.00 CONTRACT OPTIONS $955.00 I TRADE IN TOTAL COST... 28p16fi.00 YES WE TAKE TRADE INS "" " ASK ABOUT MUNICIPAL FINANCING" $fl TOTAL COST LESS TRADE IN (S) QTY 4 $112,664.00 Estimated Annual payments for 60 months paid inadvance: $6,308.03 Extended: $25,232.10 Municipal finance for any essential use vehicle, requires lender a royal, C. Comments VEHICLE QUOTED BY CHRISTY SELF GOVERNMENT ACCOUNT MANAGER chris .self alan-a .corn "! Want to be Your Fleet Provider" I appreciate the opportunity to submit this quotation. Ptease 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. .........................._ ...- __ ... .-. ............. ............ __.... ...- .:............. FSA-BOYNTON BEACH, CITY OF-4435_34973-1_Quote.PDF Page 1 of 1 Page 562 of 897 11119121, 6:59 AM The Florida Sheriffs Association f(https://www.facebook.com/floridasheriffsassociationn IF (https://twittercom/FLSheriffs) (https://www.flsheriffs.org/) Fecorne a lNriern] )er (https://membership.flsheriffs.org/Membership-LP.htm[#Choose) About IV Sheriffs Programs W Publications Join Today (https://membership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https:l/membership.fisheriffs.org/Membership-LP.html#Choose) Lx M << Back to Main Purchasing Page (https://www.fisheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20-VEL28.0 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are https://www.fishedfs.orgRaw-enforcement-programs/purchasing/ta20vel28 Page 563 of 81%7 11119121, 6:59 AM The Florida Sheriffs Association within the state of Florida, eligible* agencies from other states have used the contracts if 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 hitps://www.fisherft.orgilaw-enforcement-programs/purchasing/fsa2Ovei28 Page 564 of $,1�7 11119121, 8.18 AM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 324, Toyota, Rav4 LE Hybrid AWD, 4522 Zone Rank Vendor Price Percent: Build Fite Options File Western Primary Seminole Toyota $26,866.00 0.00% BUM II°)'uons Alternate Alan Jay Toyota $27,262.00 0.00%1 !!Jufll Il)tion�s Northern Primary Seminole Toyota $26,764.00 0.00% !ilio ll Q:) lona Alternate Alan Jay Toyota $27,108.00 0.00% 3nfl Il::udons Central Primary Seminole Toyota $26,738.00 0.00% �III3t..:l6::1 O 601111n Alternate Alan Jay Toyota $27,108.00 0.00% Bit' 6V�'j gyp:A'innn Southern Primary Seminole Toyota $26,764.00 0.00% F:.:llld !.Ilt6:n, Alternate Alan .lay Toyota $27,211.00 0.00% Bu'lllrl Ql:Aionn https=llwww.myvendortink.comicommonlawardreportzonenooptionsitem.aspx?sid=96704&in=324 Page 565 of 897 w FL?i6lM16t1[9A own'-ee,ogr •�^^^^ •, XiIIHIIIIIiY,IR', llleCP Idr i. w W 863-402-4234 christy.self@alaniay.com chris.wilson alan'a .coM scott.wilson al,an a com ALL PRICES INCLUDE FREIGHT AND INSTALLATION 3BLS 3rd brake light safety sulse (Pulses 3rd brake light (4) times upon application of brake pedal to increase driver awareness behind $215.00 you when stopping) 3K SMART 3rd key and remote for vehicles with proximity access. $380.00 3KR Additional key and remote, cut and programmed. $240.00 :DT2 SUV Deep tint film installed on front two door glass only. $185.00 DTF SUV Deep tint film on SUV with full side and rear glass coverage, $315.00 SAFE-T Amerex 51b Fire extinguisher, First Aide Only first aid kit, and King James & Co road triangles $275.00 WSTP Windshield strip $40.00 WTF SUV 1 Weather Tech floor liner system (I st row only). $185.00 WTF SUV 2 Weather Tech floor liner system (I st & 2nd rows). $285.00 WTF SUV 3 Weather Tech floor liner system (1 st & 2nd rows plus cargo area), $440.00 806-1206-SUV XANTREX 60OW pure sine inverter mounted under REAR seat with ignition sourced remote /user control mounted on dash $565.00 mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. 8064210-SUV XANTREX I000 pure sine inverter mounted under REAR seat with ignition sourced remote / user control mounted on dash $725.00 mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom 806-1220-SUV XANTREX 200OW pure sine inverter mounted in rear cargo area with ignition sourced remote / user control mounted on dash $1,220,00 mounted on dash. (Alternate mounting location may be required due to clearance.) Includes freight and installation, appropriate gauge wire for distance from battery, heat shrink connectors and wire loom. 813-3000UL-SUV XANTREX 3000W modified sine inverter mounted in rear cargo area with. (Alternate mounting location may be required due $1.870.00 to clearance.) Includes freight and installation with 4/0 powr and ground, ignition controlled solenoid, 300A breaker, heat shrink connectors, and wire loom (Dealer strongly recommends upgrading alternator and addition of auxillary battery) 2PAY Issuance of a purchase order against this quotation reflects understanding of the terms within and that the purchaser is to pay in $0,00 accordance with Title XIV Chapter 218 Florida State Statutes, per 218.70 - Prompt Payment Act, MAN-UP All manufacturers upgrades will be offered in accordance with Term and Conditions 2.13 OPTION PRICING, the upgrade will $0.00 be calculated by the net difference between dealer cost on the representative base vehicle (bid price) and the total MSRP of the requested option modifying the vehicle. A copy of the window sticker and standard equimpment list to illustrate MSRP option prices will be provided to customer with each contract conforming quote (SEE TERMS AND CONDITIONS). NEW-TAG New tag Includes temp tag & two way overnight shipping for signature.(specify state, county, city, shcriC etc.) $315.00 OEM-COMPAT Factory options many not be compatible with one another. Please request a formal quote in accordance with FSA contract $0,00 guidelines from Alan Jay Fleet to ensure compatibility & improve transactional integrity. RPO-FSA All regular and factory production options to be offered at $1 discount from MSRP in accordance with Term and Conditions $0.00 2.13 OPTION PRICING. A copy of the window sticker and standard equimpment list to illustrate MSRP option prices will be provided to customer with each contract conforming quote (SEE TERMS AND CONDITIONS). TEMP-TAG Temporary tag $55.00 TRANS-TAG Transfer existing registration Includes temp tag & two way overnight shipping for signature. (must provide tag number) $250.00 EWA Price to be quoted at Florida Mandatory Sales Price. Warranties available through: Ford ESP, GMPP, NISSAN, JM&A, $0,00 MOPAR. PRICES TO BE QUOTED FOR SPECIFIC VEHICLE AND POWER TRAIN COMBINATION. NICO Any Option not listed in this price schedule may be added in accordance with contract guidelines (not to exceed MSRP). $0.00 Specification # 324 Page 566 of 897 MODEL CODE: 4522 CODE DESCRIPTION PRICE Blind Spot Monitor w/ Rear Cross -Traffic Alert - Includes Color -Keyed Heated Power Outside Mirrors w/ Turn Signal & BDAT Blind Spot Warning Indicators. $589 CB1000 Cross Bars $298 KP1010 Touch Keypad Entry System $348 MG1000 Mudguards $198 MR2000 All Weather Floor Mats with All Weather Cargo Mat $408 PCAT Special Color $424 PF1000 Clear Paint Protection - Door Package $158 PF4100 Clear Paint Protection - Full Hood Package $418 RB1200 Black Running Board $648 RB1300 Brushed Aluminum Running Board $648 SC1000 Center Console Safe $348 TCAT Rear Cargo Area Cover $89 Page 567 of 897 TIRES 11R X 22.5 New 1, . ® ......... r....... _.____ ... 60-45-28 �w 728 X 22.5 New 6 . 24517OR19.5 New �... ........._ ........ _ 60-45-32 31518OR22.5 New ..�... ..._... 60-45-33 ......... .. 265160817 Tahoe 60-45-49 ..� . 71R X 22_.5 Recalw wo 60-4569 ,,.., . .....__ _ ...... 22517OR19.5 New ......�....... .... ...._._ .... ...... ........ ......... ...... 60-45,96 New 60.45-109 _�425165R22.5 26517OR19.---- ......... _.. _ ......., _ ........,,,,,,,, ,.,, .. 235175R16 Colorados 60-45461 245175876 Load Range E.. 60-45-162 245155818 PD Interce�,tor Car __ ...__ .. ... 60-45163 27518OR22 5 .......__.. �. m .., 60-45-16$ 245/55878 Interceptor 5UV ..W.W. ......,., .. .. ....... 60-45-172_ 29518OR22.560-45-173 .............. ....... �.�. 295180822.5 Recap60.45-175 ..... 26516OR18 Fortitude HT "Durango"60-45 .., _ �, 178...... R18 "2020" Interceptor SUV .. 255160245175877 60-45 779 F350 Dual!y .....- __ ... �� ,, ,,,. , , ,,.__. 60-45-182 225160818 2.021 DodgeChaW. „ 60-45-184 21516OR16 Ford Fusion I 60-45-186 Page 568 of 897 11119121, 6:59 AM The Florida Sheriffs Association f(https://www.facebook.com/floridasheriffsassociation/j V (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS ASSOCIATION (https://www.flsheriffs.orgn Become a Member (https:Hmembership.flsheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications Join Today (https:Hmembership.flsheriffs.org/Membership-LP.htmi) Renew Membership (https://membersh!pJlsheriffs.org/Membership-LP.html#Choose) PURCHASING « Back to Main Purchasing Page (https://www.f[sheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FSA20-VEL28.0 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES Contract Term: October 1, 2020 -- September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are lJ qr https://www.flsheriffs.orghaw-enforcement-programs/purchasingItsa2Ovel28 Page 569 of $97 11 A 9121, 6:59 AM The Florida Sheriffs Association within the state of Florida, eligible* agencies from other states have used the contracts if 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.fish&Os.org/law-enforcement-programs/purchasing/fsa2Nel28 Page 570 of EW CITY OF BOYNTON BEACH N IYh;�fI ----------00 m.,,, �,,.,,��,........... lC� �1LPf1l�' HASL ,,, ZB,5E U9G (2) BOYNTON BEACH LT.xisx Page 571 of 897 '!1!19121, 7:01 AM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Utility & Hybrid Utility Vehicles - 4X4 and AWD Item: 333, Ford, Escape SE Hybrid AWD , U913 Zone Rank Vendor Price Percent: Build File Options File Western Primary BOZARD FORD $25,561.00 0.00% jL ild opflons Alternate Duval Ford LLC $26,010.00 0.00% ['Iuila 0�:kirnnn Alternate Alan Jay Ford Lincoln Mercury, Inc. $26,931.00 0.00% Fu61d Opbol°M Northern Primary BOZARD FORD $25,561.00 0.00% 5v0d Options Alternate Duval Ford LLC $25,968.00 0.00% BuNj o1° tion °� Alternate Alan Jay Ford Lincoln Mercury, Inc. $26,725,00 0.00% BWd OP1101� s Central Primary BOZARD FORD $25,561.00 0.00% iinil"lwm Alternate Duval Ford LLC $26,010.00 0.00% BWd Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $26,725.00 0.00% Bufld Options Southern Primary BOZARD FORD $25,661.00 0.00% l"'' 01d 0)lions Alternate Duval Ford LLC $26,010.00 0.00% F01d Opflons Alternate Alan Jay Ford Lincoln Mercury, Inc. $26,828.00 0.00% ''3uW opt'lons https://www.myvendorlink.com/commonlawardreportzonenooptionsitem.aspx?sid=96704&in=333 Page 572 of 8017 SPEC 333 Escape SE Hybrid AWD [U9B] FSA20-VEL28.0 e •- 333 UIB 'WESTERN ZONE $ 26 010.00;, 2022 MY . 333 U9B NORTHERN ZONE 00 2022 MY $ 25;,968.11 333 U9B CENTRAL ZONE $ 26,,010.00 2022 MY 333 U913 SOUTHERN ZONE $ 260,010.00 2022 MY 99ZW445 • Enc, ine:2.5L i"CTAuunson C cle 1-4 Hybrid S U9B Escape AWD Hybrid, 2.5L iVCT Atkinson Cycle 14 Hybrid, eCVT DR 201A Dual -Zone Electronic Automatic Temperature Control IDEATC I Electronic Fuel Door Release Instrument Panel — 6.5" Did ital Screen I Neutral Towing Ca abili I Pedestrian Alert Sounder Ford Co-Pilot360TM' Assist+ intelligent Adaptive Cruise Control with Stop -and -Go, Lane 88 Centering and Speed Sign Recognition 0 $ 695.00 $ 695.00 Evasive Steering Assist *Voice -Activated Touchscreen Navigation System with Pinch -to - Zoom Ca ability , SidusXM Traffic and Travel Link SE Sport Appearance Package -19" Machined -face Ebony -painted Aluminum Wheel 62K -Black UpperWindow Molding with Black Beltline Molding 0 $ 1,295,00 $ 1,295.00 -Front and Rear Bumpers — Black -Grille Upper— Gloss Black 5-Barw/Chrome Surround -Mirrors — High Gloss Black -Skull Ca Convenience Package -10-Way Power Driver Seat (includes Power Lumbar and Power Recline) -Dual-Zone Electronic Automatic Temperature Control (DEATC) i66 -Headlamps — Halogen Projectorwith LED Signature Lighting and O $ 985,00 $ 985.00 LED Configurable Daytime Running Lamps (DRL) -Power Liftgate *Premium Wrapped Steering Wheel *Rear Center Armrest (Fold -Down with Two (2) Cuphoiders) -SecuriCodeTM Ke less -Ent , Keypad Cold Weather Package -Climate Control— Electronic Automatic Temperature Control (EATC) with Rear Air Duct -Heated Front Row Seats -Minors, Sideview— Heated 86C -Remote Start System 0 $ 645.00 $ 645.00 -Steering Wheel— Heated and Premium Wrapped Note:When ordered with Convenience Package (86B), DEATC is included Note:When ordered with 201A, DEATC is included Panoramic Vista Roof@ (Power Open/Close with Power Shade) 43M Note:Includes Roof -Rack Side Rails, Black 0 $ 1,494.00 $ 1,495,00 Note,Not available with Roof -Rail Crossbars— Black 161 C' DUVALFORD Page 573 of 897 SPEC 333 Escape SE Hybrid AWD [li FSA20-VEL28.0 DUVAL FORD Page 574 of 897 Mini Space -Saver 13 5,1 U Note:lncludes Mini Spare Tire, Wheel Nut Wrench and Jack0 $ 109.00 $ 110.00 Note:Re )laoes Tire Inflator and Sealant lit Option on fwd w. base 14 1 H Engine Block Heater 0 $ 94.00 $ 95.00 %,477 Rapid Red Metallic Tinted Clearcoat 0 $ 394.00 $ 395.00 • A2 Star White Metallic Tri -Coat 0 $ 594.00 $ 595.00 1 17153 Front License Plate Bracket 0 $ - $ - 18 78 Easy Access Car o Shade 0 134.00 $ 935.00 50C Caro Mat 0 $ 89.00 $ 90.00 i 61C Roof -Rail Crossbars- Black 0 $ 144.00 $ 145.00 Remote Start System - Long -Range with Confirmation (System 63E includes two separate key fobs) Note: Not available with the Cold 0 $ 494.00 $ 495.00 Weather Packa qe i,86CJ 22 63C Slash Guards 0 $ 209.00 $ 210.00 23 Wheel-Lockin LuQ Nuts 0 $ 74.00 $ 75.00 24 90M 10 -Way Power Driver Seat (includes Power Lumbar and Power 0 $ 214.00 $ 215.00 Recline 25 j942 Da Mme Runnin . Lamps tDRL [Non-Configurable[Non-Configurablej 0 $ 44.00 $ 45.00 26 j$0S, Reverse Sensing -System 0 $ 244,00 $ 245,00 27 lijillijill, Now 28 1VERTER 1000 Watt Inverter with Dash Switch "[TH1000] Mounted in rear cargo 0 642.00 NA 1000 area VNVERTER 500 500 Watt Inverter with Dash Switch [TH500] Mounted Under passenger 0 $ 396.00 NA seat tN� -TER 750 750 at Inverter with Dash Switch [FH750] Mounted under passenger 0 $ 596.00 NA gat TER PS Dimensions 1200 waft Pure Sine Wave [DSI -1211200N] Mounted under 0 $ 1,495.00 A7 assen er seat visible in rear seatin area due to size. 32 tN'4,+RTER Remote control for Dimensions PSI -REMOTE] 0 $ 145.00 NA - OTE KmAPTOP LapTop Stand Passenger side mounted and universal Cradle (CM-20ES- 0 $ 713.40 NA SAILED, CM -LT -1600) $ 289.00 NA 34 iMATS WI Weather Tra led Floor Mats 0 35 i3iMAT Weather Tech rear caro area mat. 0 $ 235.00 NA 36 NS Red White Dome Lid ht„,installed between visors or in car o area 0 $ t ,0 NA 37 Pltione Car Cup Holder Phone Mount 0 $ 80.00 NA 38 wET Safe " kit Incl;,, FirstAid IGS Trian le kit & Fire Edri uisher Shi s loosed 0 $ 276.00 _ NA f"ET2 FirstAKd,, Fire Ex ,uisher �,shi�l2ls loose'w and Road LED Kit 0 $ 536.00 NA atCover Front Seat Covers b TKA erTou h 0 $ 446.00 ,! NA 41 SeatCover Dealer installed Leather seating 0 $ 1,695.00 NA Premium 42 Tt..IGHT Streamli iht Rechar sable Stinger Flashli ht 0 $ 189.00 - NA tSBAndroid HDChar eWire for Android 0 $ 39.00 NA 44 HD Char a Wira for 1 Ione 0 $ 30 01 NA #2*rrE qor ® . . rililil!® ®• 46 LED, Permanent Mount Go -Li htbrandvotli ht 0 $ 795.00 1'qA 3RD BRAKE LIGHT SAFETY PULSE (Pulses 3rd brake light (4) times upon A4 7 3BK application of brake pedal to increase driver awareness behind you 0 $ 278.00 NA when sto d in ®' LED PKG 1 4 Corner Flashing System (2 Surface Mounted In Grille , 2 In Tail Lights) laeci 0 $ 675.00 NA ' color attime oforder MCRNS , MCRNBI VTX609" DUVAL FORD Page 574 of 897 SPEC 333 Escape SE Hybrid AWD [l i FSA20-VEL28.0 LED PKG 2 16" Mini Whelen Led Century Light Bar -Amber light with Amber Lens- 0 $495.00 NA- MC16PA ILt:J] PKG 3 16" Mini Whelen Led Century Light Bar -Amber light with Clear- 0 $ 550.00 NA M016PCA 1, ED PKG 4 16" Mini Whelen Led Century Light Bar - Amber/white lights with Clear 0 $ 650.00 NA Lens- MC16PF ILEQ PKG 5 23" Mini Whelen Led Century Light Bar - Amber light with Amber Lens- O $ 695.00 i, NA MC23PA LED PKG 6 23" Mini Whelen Led Century Light Bar - Amber light with Clear- �MC23PCA 0 $ 695.00 NA LED PKG 7 23" Mini Whelen Led Century Light Bar - Amberlwhite lights with Clear 0 $ 695.00 NA Lens- MC23PF 54" Fully Populated Whelen Justice Light Bar, 6 -Switch Controller &4 LED PKG 8 Corner Flashing System With Mounting Hardware (Specify color at time of 0 $ 3,002.43 NA order' JV2****, PCC6W, MCRNS*, MCRNBI, VTX609* ED PKG 9 Interior Flashing Syatem: (2) Avengers In Headliner, (2) Avengers In Rear 0 $ 2,232.00 NA Oer, Corrre Ft h' S s r~0!Q IeMlloun,A1 C;ntroNllr ®. TONE TWO TONEPANTSCHEMIE, DOORS AND ROOF 0 $ 1996.00 NA 3K RKE , Pro ° rammed Inte( rated Ke Transmitter Fob 0 $ 365.00 NA r KPATS Extra ro rammed key with patstech nolo;; fleet ke 0 $ 225.00 ISA BSOBMm Shield 0 $ 160.00 NA A Backu g Alarm 0, $ 130.00 NA D'FCA., 1 Gra ),hies- Basic Fleet Packa e 0 $ 350.00 NA DECAL 2 Graphics- Customized Packa ,e With Unitnumbers 0 $ 400.00 NA NITRO Nitrogen Filled Tires In Lieu Of Std. Factory Fill. Fuel Economy Saver Due 0 1$ 245.00 NA To Tire Pressure Consistenc ,_On Ground .6 f1NT 1 Window Tint On Front2 Windows Including : Windshield Strip 0'"] $ 265.00 NA FINT2 TintAll Windows Door Includin° Windshield Strip 0 $ 385.00 NA • TINT 3 Limo Tint4 Doors Ind iding Windshield Strip,0 $ 450.00 NA ((coat Undercoating 0 $ 650.00 NA o yentShades 0 $ 1,75m0-ia7 NA Mended Service P lar 'ase Care, Zero Deductible, Five Year, 75000 575 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $1,890.00 $ 1,890.00 2021 Extended Service Plan Base Care, Zero Deductible. Five Year, 100000 B5100 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $2,520.00 $ 2,520.00 2021 Extended Service Plan Extra Care, Zero Deductible. Five Year, 75000 X575 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $2,120.00 $ 2,120.00 2021 Extended Service Plan Extra Care, Zero Deductible. Five Year, 100000 E5100 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $ 2,950.00 $ 2,950.00 2021 Extended Service Plan Premium Care, Zero Deductible. Five Year, 75000 P575 Mile. Call Dealer for plan specifics and optional Terms. Price Guide Jan 0 $ 2,850.00 $ 2,850.00 2021 Extended Service Plan Premium Care, Zero Deductible. Five Year, P5100 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 $ 3,655.00 $ 3,655.00 Guide Jan 2021 DUVALFORD Page 575 of 897 SPEC 333 Escape SE Hybrid AWD [U9B] FSA20-VEL28.0 Outof Zone purchase and Delivery. Does not include unique shipping t,;�' � circumstances when final product demands shipping outside the state of ' 0 j $ 446.00 na Florida. Note: Emmissions codes for s°ecific rew ion. Tag and Tile processing and handling fee. Tags are processed atthe TT local tag office and physically picked up for client and affixed to vehicle O $ 48.00 na prior to deliver. Cost includes electronic administrative fee, manual �i rocessin courier, and Fedex related expense. ii TtP 30 Da Florida Tem oras Ta . Re vires 'TT0 Ta ° ffitle O''�tion 0 $ 7.00 ! na Transfer Tag Charge: (Florida only) Please send scan of agency 'TX registration with tag ID clearly indicated. Requires (TTO) Tag/Title Option, 0 $ 90.00 na includes TMP TAG New Tag Charge (Florida only) Requires (Tf0) Tag/Title option. Specify 0 $ 125.00 na Cil, State, or Sheriffs Ta,,. Includes (TMPD DUVALFORD Page 576 of 897 CITY OF BOYNTON BEACH TOWPUIWHAS-6 23.838.x0 UOB BOYNTON BEACH LT.xlsx Page 577 of 897 11119/21, 8:44 AM Bid Award Group. Utility & Hybrid Utility Vehicles - 4X2 Item: 290, Ford, Escape SE Hybrid, UOB Award Report Zone Rank Vendor Price Percent: it File Options File Western Primary BOZARD FORD $24,515.00 0.00% Build Options Alternate Duval Ford LLC $24,956.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25,739.00 0.00% Build Options Northern Primary BOZARD FORD $24,515.00 0.00% Build Options Alternate Duval Ford LLC $24,914.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25,535.00 0.00% Build Options Central Primary BOZARD FORD $24,515.00 0.00% Build Options Alternate Duval Ford LLC $24,956.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25,535.00 0.00% Build Options Southern Primary BOZARD FORD $24,615.00 0.00% Build Options Alternate Duval Ford LLC $24,956.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25,637.00 0.00% Build Options https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96704&in=290 Page 578 of 897 SPEC 290 Escape SE Hybrid [UOB] FSA20-VEL28.0 2.'tl 290 290 290 iB UOB UOB UOB � UOB 992445 WMTERNZE, NORTHERN ZONE CENTRAL ZONE S0UTHEAN'Z4' IE e• # r = Escape FWD Hyf}rid, 2.5L !VCT Atkinson Cycle 1-4 201A H6 frid, eCVT DR Engine: 2.5L iVCT Atkinson Cycle 14 Hybrid 2.5L I- i VCTATKI-4 HYBRID S $ . 24956.00 $ 24,914.00 $ 24 956.00 $ 24,956.00 included Included 2022 MY 2022 MY 2022 MY 2022 MY Dual -Zone Electronic Automatic Temperature Control 'DEATC' Electronic Fuel Door Release I .............. Instrument Panel — 6.5" Di ital Screen Neutral Towin q Ca abili l Pedestrian Alert Sounder Ford Co-Pilot360T" Assist+ -intelligent Adaptive Cruise Control with Stop - and -Go, Lane Centering and Speed Sign 6$B Recognition 0 $ 694.00 $ 695.00 •Evasive Steering Assist -Voice-Activated Touchscreen Navigation System with Pinch -to -Zoom Capability, Sidus)[M Traffic and Travel Link SE Sport Appearance Package •19" Machined -face Ebony -painted Aluminum Wheel -Black Upper Window Molding with Black 62K Beltline Molding 0 $ 1,294.00 $ 1,295.00 -Front and Rear Bumpers — Black -Grille Upper— Gloss Black 5-BarwlChrome Surround -Mirrors — High Gloss Black -Skull Caps Convenience Package •10 -Way Power Driver Seat (includes Power Lumbar and Power Recline) -Dual -Zone Electronic Automatic Temperature Control (DEATC) -Headlamps — Halogen Projectorwith LED 06B Signature Lighting and LED Configurable 0 $ 984.00 $ 985.00 Daytime !funning Lamps (DRL) -Power Littgate -Premium Wrapped Steering Wheel -Rear Center Armrest (Fold -Down with Two (2) Cuphoklers) •SecudCodeTm Keyless -Entry Keypad DUVAL FORD Page 579 of 897 SPEC 290 Escape SE Hybrid [1.1013] FSA20-VEL28.0 DUVALFORD Page 580 of 897 Cold Weather Package -Climate Control - Electronic Automatic Temperature Control (EATC) with Rear Air Duct -Heated Front Row Seats -Mirrors, Sideview- Heated 86C Remote Start System 0 $ 644.00 $ 645.00 -Steering Wheel- Heated and Premium Wrapped Note:When ordered with Convenience Package (8613), DEATC is included Note:When ordered with 201 A, DEATC is included Panoramic Vista Roof@ (Power Open/Close with Power Shade) 3M Note:lncludes Roof -Rack Side Rails, Black 0 $ 1,494.00 $ 1,495.00 Note:Notavailable with Roof -Rail Crossbars - - Black Mini Space -Saver Note:lncludes Mini Spare Tire, Wheel Nut Wrench 51U and Jack 0 $ 194.00 $ 195.00 Note:ReplacesTire Inflator and Sealant Kit. Option on fwd w. base H Block Heater 0 $ 94.00 $ 95.00 D4 ,Engine Rapid Red Metallic Tinted Clearcoat 0 $ 394.00 $ 395.00 2 Star White Metallic Tri -Coat 0 594.00 $ 595.00 1153 —L$ Front License Plate Bracket 0 $ - $ T13 Ens Access Car o Shade 0 1 134.00 $ 135.00 500 Caro Mat 0 $ 89.00 $ 90.00 tic Roof -Rail Crossbars - Black 0 $ 144.00 $ 145.00 Remote Start System - Lang -Range with 63E Confirmation (System includes two separate key 0 $ 494,00 $ 495.00 11 fobs) Note: Not available with the Cold Weather I Package (86CG S lash Guards 0 $ 209.00 $ 210,00 1 Wheel-Lockinn , Lu°�� Nuts 0 $ 74.00 $ 75.00 0 10 -Way Power Driver Seat (includes Power 0 $ 214.00 $ 215.00 ,,. Lumbar and Power Recline _- 942 Daytime Running Lamps (DRL) (Non- 0 $ 44.00 $ 45.00 Confi urable"u 0 : -_,__244.,D0.jS . 245,0 1000 Watt Invefier wish Dash Swft li x,11700] N ounid°d 0, NA X000 in rear care o area $ fi42.OD INVERTER 500 500 Watt Inverter with Dash Switch [fH500] Mounted 0 $ 396.00 NA Under passenger seat ;INVERTER 750 750 Watt Inverter with Dash Switch H750 Mounted 0 $ 596.00 NA under passen 9 e seat Dimensions 1200 waft Pure Sine Wave [DSI -1211200N] INVERTER PS Mounted under passenger seat, visible in rear seating 1 0 $ 1,495.00 NA area due to size . ......_.. NVERTTR REMOTE Remote control for Dimensions [DSI -REMOTE] 0 $ 145.00 NA DUVALFORD Page 580 of 897 SPEC 290 Escape SE Hybrid [1.106] FSA20-VEL28.0 LAPTOP LapTop Stand Passenger side mounted and universal 0 $ 713.00 NA Cradle CM-20ES-SA LED, CM -LT -1600) NA SATS All Weather Tra ed Floor Mats 0 $ 289.00 RIAT Weather Tech rear caro area mat. 0 $ 235.00 NA i Red White Dome Light, installed between visors or in 0 $ 186.00 NA caro area Phone Car Cu2 Holder Phone Mount 0 $ 80.00 NA Safety Kit incl; First Aid Kit, Triangle Kit & Fire 0 $ 276.00 NA Extin uisher,Shi ps loose SAFET2 First Aid, Fire Extinguisher (ships loose) and Road LED ( 0 $ 536.00 NA Kit „ atCaver Front Seat Covers bX Ti erTou ,h 0 $ 446.00 NA SeatCover Dealer installed Leather seating 0 $ 1,695.00 NA Premium STLIGHT Streamli� ht Rechar ,:able Stin ,er Flashli� ht 0 $ 189.00 I�I;A USB Android HDC ha e Wire for Android 0 $ 39.00 NA (hone I D'. �ba :Owe= r Ihon'e. 0, 341 $Do �NA • • • • RE D Permanent MountGo-Li h#brand shot li ht t ` $ 75 NA 3RD BRAKE LIGHT SAFETY PULSE (Pulses 3rd brake 3BK light (4) times upon application of brake pedal to 0 $ 278.00 NA increase driver awareness behind you when stopping) 4 Corner Flashing System (2 Surface Mounted In Grille, LED PKG 1 2 In Tall Lights) (Specify color at time of order) MCRNS*„ 0 $ 675.00 NA MCRNBI, VTX609* LED PKG 2 16" Mini Whelen ed CenturyLight Bar - Amber light 0 $ 495.00 NA Amber Lens- PKG 3 16" Mini Whelen Led Century Light Bar - Amber light 0 $ 550.00 NA with Clear- MCI6PCA LED PKG 4 16" Mini Whelen Led Century Light Bar - Amber/white 0 $ 550.00 NA lights with Clear Lens- MC16PF ILEO PKG 5 23" Mini Whelen Led Century Light Bar - Amber light 0 $ 695.00 NA with Amber Lens- MC23PA LED PKG6 23" Mini Whelen Led Century Light Bar - Amber light 0 $ 695.00 NA with Clear- MC23PCA �NA LED PKG7 23" Mini Whelen Led Century Light Bar - Amber/white 0 $ 695.00 li htswith Clear Lens- MC23PF 54" Fully Populated Whelen Justice Light Bar, 6 -Switch LED PKG 8 Controller &4 Corner Flashing System With Mounting 0 $ 3,002.43 NA Hardware (Specify color attime of order) JV2****, PCC6W, MCRNS*, MCRNB1, VTX609* ....................... Interior Flashing Syatem: (2) Avengers in Headliner, (2) ,QED PKG 9 Avengers In Rear Deck, 4 Corner Flashing System with 0 $ 2,232.00 NA Sin; Ie MountQd Controller a• ° T NE Two, I I 11$01 F 0) ORSAO ROOF 0 $ 10 IB i' NA fKRKE Pro rammed Inter rated Ke Transmilier Fob 0 $ 365.00 NA PATS Extra ro ,rammed key with pats technology,fleet key 0 $ 225.00 NA Buy Shield 0 $ 160.00 NA BUA Backu ;u; Alarm 0 $ 130.00 NA • VDE("'AL °I Gra,;'hics- Basic Fleet Packar e 0 $ 350.00 NA DUVALFORD Page 581 of 897 SPEC 290 Escape SE Hybrid [Ii FSA20-VEL28.0 QUVALFORQ Page 582 of 897 ID CA., 2 1 Gra'pwhics- Customized Packa. !e With Unit numbers 0 $ 400.00 NA Nitrogen Filled Tires In Lieu Of Std, Factory Fill, Fuel NITRO Economy Saver Due To Tire Pressure Consistency, On 0 $ 245.00 NA Ground Window Tint On Front 2 Windows Including Windshield j 265.00 NA �NA TINT 2 TintAll Windows 4 Door Including Windshield Stri �, 0 $ 385.00 1t°T3 Limo Tint4 Doors Including Windshield Strip(0 $ 450.00 NA uCoat Undercoating 0I 650.00 NA Vent Shades 00 $ 175.00 ExWnded Sirvice Ron' se Care, Toro Deductible. Five '8675 Year, 75000 Mile. Call Dealer for plan specifics and 0 $ 1,770.00 $ 1,770.00 o tional Terms. Price Guide Jan 2021 Extended Service Plan Base Care, Zero Deductible. Five B5100 Year,100000 Mile. Call Dealer for plan specifics and 0 $ 2,325.00 $ 2,325.00 optional Terms. Price Guide Jan 2021 Extended Service Plan Extra Care, Zero Deductible. Five x675 Year, 75000 Mile. Call Dealer for plan specifics and 0 $ 1,960.00 $ 1,960.00 optional Terms. Price Guide Jan 2021 Extended Service Plan Extra Care, Zero Deductible. Five E5100 Year, 100000 Mile. Call Dealer for plan specifics and 0 $ 2,715.00 $ 2,715.00 oEonal Terms. Price Guide Jan 2021 Extended Service Plan Premium Care, Zero Deductible. P575 Five Year, 75000 Mile. Call Dealerfor plan specifics 0 $ 2,625.00 $ 2,625.00 and optional Terms. Price Guide Jan 2021 Extended Service Plan Premium Care, Zero Deductible. P5100 Five Year, 100000 Mile. Call Dealer for plan specifics 0 $ 3,520.00 $ 3,520.00 and optional Terms. Price Guide Jan 2021 C� tof7 ne purchase and Delivery. Does not include OZN unique shipping circumstances when final product 0 $ 446.00 NA jdemands shipping outside the state of Florida. Note: ...., ...., ion. Emmissions codes for si�ecific ger'.- m .............................. A.....��„�� Tag and Title processing and handling fee. Tags are processed at the local tag office and physically picked 110'"0 up for client and affixed to vehicle prior to deliver. Cost 0 $ 48.00 NA includes electronic administrative fee, manual )rocessin ; courier, and Fedex related ex,Aense. TMP 30 Day Florida Temporary Tag. Requires (TTO) 0 $ 7,00 NA � Ta /Title tion Transfer Tag Charge: (Florida only) Please send scan TX of agency registration with tag ID clearly indicated. 0 $ 90.00 NA - Re luires 'TTOjaEj1Tit1e Option, includes 111 New Tag Charge (Florida only) Requires (TTO) TAG Tagffitle option. Specify City, State, or Sheriffs Tag. 0 $ 125.00 NA Includes ITMP" QUVALFORQ Page 582 of 897 OF W DARTY CITY OF BOYNTON BEACH Laura Tarbett (Work) 904-3882144 (Fax) 904-387-6816 (Cell) 904-568-6027 5203WatererdeOrJax. F132210 11 1M1iEl4nprea *APyo ur*dwwt&ndffie gvpor6nW to graEix Prftg perFLOR144 SIIERlffV ASSOCIAT/ONUQNT MfICLECOAMUOT F3t4,lt - Vt„201y~Olna W Equ#wm t end Tnoda FSii421Q-MM Ia 0. li"w lmve sriy qum&vw nva dkw b%b q aAspAmm oag At ti9y Vehkim w416e adwed wMte ewdwk r unhw apeo d on ptrx bwo order. S1opAg and InvaekSFlg �shrwcObr�s erla raquirlsd ariergaxyprend�eae abler. . r N'RV MMUtrIUK" I9. ,..0WrX,W 194AY'� AMR, ^&ql � 3, LV6 HYBRID ENGINE POWER WINDOWS! DOOR LOCKS $ Front License Bracket GRILLE, SIREN AND SPEAKER WIRING Driver's Side (Left Hand) Spotlight 4.2" LCD SACK UP CAMERA CENTER STACK DISPLAY„ $ 758.00 KEYLESS ENTRY 3m 2080 SERIES VEHICLE WRAP, 4 DOORS ONLY WITH VINYL HIGH GLOSS WHITE EXTERIOR: OXFORD WHITE INTERIOR: CLOTH FRONT SEATS/ REAR VINYL 274.00 VINYL FLOOR 2 KSA HYBRID BOYNTON BEACH LT.xlsx Page 583 of 897 PRE DRILLED HEADLIGHTS N TAIL LAMP HORSING 59.00 GRILLE, SIREN AND SPEAKER WIRING 49.00 HIDDEN DOOR PLUNGERS WITH HANDLES/ WINDOWS AND LOCKS INOPERATIVE $ 758.00 3m 2080 SERIES VEHICLE WRAP, 4 DOORS ONLY WITH VINYL HIGH GLOSS WHITE 894.00 REVERSE SENSING SLUETOOTHINTERFACE 274.00 2 CITY OF BOYNTON BEACH GRAPHICS PER SPECS '; 550.00 CITY TAG AND TITLE 125.00 TAG HANDLING FEE 48.00 5 YEAR! 100,000 (NILE PREMIUM CARE WARRANTY WITH $0 DED ,Y 3°,520.000 KSA HYBRID BOYNTON BEACH LT.xlsx Page 583 of 897 nUTY OF BOYNTON BEACH BILL DARTY CITY OF BOYNTON BEACH Laura Torbett (LYork) 90¢388-2144 (Fax) 904-387-6818 (Cell) 904-368-6027 Laura.Torb ttduvalfleet.eom �pPlaadra►taYaur t enrt the gapawbpllty 6a gtpts Plnlaft pwR,0R1DtA 8HERIFF8A-q& VAn0JV UG1ff MWCLECO/YTRACT V O Nbrsvy Equ aril 7rr waka FSIA.ZO-VFH t6�a tfYOUbMe arty qU&9 &W rWAI dAV this quota pAease aa17 Afoilet, V61Afmb WAlrbe 0AAw d *OMW exte nbr mAms ape~ anpam'Ame order. 81*pk9lg and ImvoftaA7*ftw w am mq'~on agw y pwaba" oder. PaLICEPACKAGTE E 3.3L V6 HYBRID ENGINE POWER WINDOWS/ DOOR LOCKS - Front License Bracket DELETE Driver's Side (Left Mend) Spotlight 4.2" LCD BACK UP CAMERA CENTER STACK DISPLAY K EYLES'S! EN410' ., r XTE:R.IEiR;; OEOE4.D'WI gNiTT INTERIOR: CLOTH FRONTI REAR SEATS @ - VINYL FLOOR, s INTERIOR UPGRADE: CLOTH AIL LAMP HD HEADLIGHTS TPRE SEATING, CARPET FLOORING, CENTER CONSOLE &SYNC 3 5 9 GRILLE, SIREN AND SPEAKER WIRING j 49. REVERSE SENSING 2T4. BLUETOOTH INTERFACE CITY TAG AND TITLE 125. TAG HANDLING FEE 48. 5 YEAR/ 900,000 MILE PREMIUM CARE WARRANTY WITH $0 OED $ 3,520.1 TOT4L aljAN1r3,fY KSA HYBRID {2) BOYNTON BEACH LT.xlsx Page 584 of 897 11119/29, 7:04 AM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Police Rated & Police Hybrid Vehicles Item: 254, Ford, Interceptor Utility AWD Hybrid 3.31- , K8A haps:!!www.myvendorlink.oomleommonlawardreportzonenooptionsitem.aspx?sid=96704&in=254 Page 585 of 807 Build Options Zone Rank Vendor Price Percent: File File Western Primary Duval Ford LLC $36,166.00 0.00% ifiii LI l ' s Options Alternate Garber Ford Inc $36,435.00 0.00% Su. 0d opticns Alternate BOZARD FORD $36,469.00 0.00% "3UId Options Northern Primary Duval Ford LLC $36,099.00 0.00% !!Il iild !°toiil Alternate BOZARD FORD $36,367.00 0.00% :wild Options Alternate Garber Ford Inc $36,384.00 0.00% 301d Opts Central Primary Duval Ford LLC $36,166.00 0.00% 3013 optio,s Alternate BOZARD FORD $36,469.00 0.00% [3, ,M.srld 0Iptions Alternate Bachrodt FT, LLC dba Palmetto Ford of $37,573.00 0.00% f3u ld Opflons Miami Southern Primary Duval Ford LLC $36,163.00 0.00% :: a:ild opfions Alternate Garber Ford Inc $36,536.00 0.00% :i:..11Ild opllion Alternate Bachrodt FT, LLC dba Palmetto Ford of $37,573.00 0.00% al��61d dpflrGn Miami haps:!!www.myvendorlink.oomleommonlawardreportzonenooptionsitem.aspx?sid=96704&in=254 Page 585 of 807 SPEC 254 Interceptor Utility AWD Hybrid 3.31- [K8A] FSA20-VEL28.0 DUVALFORD Page 586 of 897 ?."A 90AWEST 2O E ' $ 36,166.00 _ 2022 MY � 254 K8A NORIWERN, ZONE $ 36,099.00 2022 MY 84 ! KBS CENTRAL ZONE $ 36,166,00 2022 MY 254 K8A Sp i ITHER ZONE $ 36,163.00 2022 MY 3L V6 Direct -Injection Hy brid Engine System with 10 -Speed Automatic Transmission (136- 254799WI447Bernator, p Speed) Note: Deletes Regenerative Braking and Lithium -Ion Battery Pack; adds 250- S replaces H7 AGM battery (800 CCA/80-amp) with H7 SLI battery (730 CCAl80- amp) and replaces 15 -pilon tank with 21.4 -gallon tank 2' "Lone White doors Painted only 0 $ 1,395.00 NA Tone D8R White doors and Roof painted 0$ 1,695.00;, NA 2 Tone Full Twp tone: Roof, doors and pillars painted white 0 $ 1"495.00 NA Interior Upgrade Package •1st and 2nd Row Carpet Floor Cov ering -Cloth Seats — Rear 55U -Center Floor Console less shif ter (Maintains Column Shif ter) 0 $ 379.00 $ 390.00 -includes Console and Top Plate with 2 cup holders -Floor Mats, f runt and rear (carpeted) -includes SYNC 30 Front Headlamp Lighting Solution L • Includes LED Low beam/High beam headlamp, Wig -wag function and (2) Red/Blue/White LED side warning lights in each headlamp (factory configured: driver's side White/Red I passenger side WhiteBlue) 0A, • includes pre -wire for grille LED lights, siren and speaker (60A) 0 $ 894.00 $ 895.00 • Wiring, LED tights included (in headlamps only; grille lights not included). Controller °not° included Note: Not available with option: 67H Note: Recommend using Ultimate Wiring Package (67U) Tail Lamp I Police Interceptor Housing Only 351. • Pre-existing holes with standard twist lock sealed capability (does not include LED strobe) 0 $ 59.00 $ 60.00 (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 white LED side warning t� lights in taillamps 0 $ 429.00 $ 430.00 • LI=D lights only. Wiring, controller "not" included Note: Not available with option: 67H, 86T Note: Recommend using Ultimate Wiring Package (67U) Rear Lighting Solution • Includes two (2) backlit flashing linear high-intensity LED lights (driver's side red 1 passenger side blue) mounted to inside liftgale glass • Includes two (2) backlit flashing linear high-intensity LED lights (driver's side red 1 Passenger side 0 454.00 $ 455.00 blue) installed on inside lip of liftgate (lights activate when Iiftgate 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 using Ultimate Wiring Package (67U) DUVALFORD Page 586 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.31- [K8A] FSA20-VEL28.0 DUVALFORD Page 587 of 897 Ready for the Road Package: AINn Complete Package - Includes Police Interceptor Packages: 66A, 66B, 66C, plus • Whelan Cencom Light Controller Head with dimmable backlight • Whelen Cencom Relay Center/ Siren /Amp w[Traffic Advisor control (mounted behind 2nd row seat) W7H • Light Controller I Relay Cencom Wiring (wiring harness) wladditional inputfoutput pigtails 0 $ 3,594.00 $ 3,595.00 • High current pigtail • Whelan Specific WECAN Cable (console to cargo area) connects Cenoom 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 1 Blue) and harness • 100 -Watt Siren /Speaker • Hidden Door -Lock Plunger wlRear-door controls inoperable (locks, handles and windows) (52P) Note: Not available 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) 67U • Wiring harness IIP to rear cargo area (overlay) — Two (2) light cables — supports up to six (6) LED 0 $ 559.00 $ 560.00 lights (engine compartmentlgrille) —One (1)10 -amp sirenlspeaker circuit engine compartment • Rear hatchlcargo area wiring — supports up to six (6) rear LED lights • Does "not" include LED lights, side connectors or controller Note: Recommend Police Wire Harness Connector Kit 67V Note: Not available with options: 65U, 67H Police Wire Harness Connector Kit — FrontlRear For connectivity to Ford PI Package solutions includes: • Front — (2) Male 4 -pin connectors for siren — (5) Female 4 -pin connectors for 7,V lighting/siren/speaker— (1) 4 -pin IP connector for speakers — (1) 4 -pin IP connector for siren 0 $ 184.00 $ 185.00 controller connectivity — (1) 8 -pin sealed connector— (1)14 -pin IP connector • Rear— (2) Male 4 -pin connectors for siren — (5) Female 4 -pin connectors for Iighdnglsirenlspeaker— (1) 4 -pin IP connector for speakers — (1) 4 -pin IP connector for siren controller connectivity — (1) "in sealed connector — (1)14 -pin IP connector �..-- .. 4t k... mm ....... mm .......mm Engine Block Haatr" —...mmmm ......... mm .............................................................. ... .e"r 0 89.00 $ 90.00 )$! License Plate Bracket — Front I NC NC 1fg1 Dark Car Feature — Courtesy lamps disabled when any door is opened 0 $ 24.00 $ 25,00 ----- 942 — Running 1Dyti unningLamps (Always )Replaces Staa Configurable Daytime 44.00 �$ ^ ^ — 45.00 Lamps for9 reqreAlways on Da fi Running Lamp 177 Switchable Red/White Lighting in Cargo Area (deletes 3 row overhead map light) 0 $ 49.00 $ 50.00 2 f L Front Warning Auxiliary LED Lights (Dever side — Red I Passenger side — Blue) Note: Recommend 0 $ 549.00 $ 550,00 using Ready for the Road Package (67H) or Ultimate Wiring 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) 6W Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) 0 $ 1,144.00 $ 1,145.00 (when not ordering the Interior Upgrade Package [65U]) Note: Front/Rear 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 lights, siren and speaker 0 $ 49.00 $ 50.00 Auxiliary Liftgate Lights (RedlBlue LED Lights; located beneath lilgate glass in applique 43A panel) ,,Rear 0 $ 394.00 $ 395.00. • LED lights only. Wiring, controller "not" included Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) DUVALFORD Page 587 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.31L [K8A] FSA20-VEL28.0 Sal Rear Quarter Glass Side Marker LED Lights (Dryer side - Red I Passenger side - Blue) 0 $ 574.00 $ 575.00 LED lights only. Wiring, controller "not" included • LED fights only. Wiring, controller'nor included 45.00 0 $, lote: 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) 0 159.00 I $ lote: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) Rear Spoiler Traffic Warning Lights (LED) i 0 • Fully integrated in rear spoiler for enhanced visibility 139,00 $ 140.00 .Pot Lamp Prep Kit, Driver Only Note: Does not include spot lamp housing and bulb T • Provides redlbluelamberdirectional lighting -fully programmable 0 $ 1,494.00 $ 1,495.00 A Note: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) $ 279.00 ', $ 280.00 ielete Spotlight Driver Side Only (Unity)(110.00) (when not ordering the Interior Upgrade Package [65U]) $ {110.00) iriver Only (Whalen) Note: Rear Console Plate no longer required; can be ordered with Interior Upgrade Package (65U) $ 419.00 $ 420.00 R ;ide Marker LED - Sideview Mirrors (Driver side - Red I Passenger side - Blue) Located on exterior mirror housing 0 $ 289.00 j $ 290.00 LED lights only. Wiring, controller "not" included - 39.00 $ 45.00 0 $, lote: Requires Pre -wiring for grille LED Lights, siren and speaker (60A) 45,00 0 159.00 I $ lote: Recommend using Ready for the Road Package (67H) or Ultimate Wiring Package (67U) 0 $ 139,00 $ 140.00 .Pot Lamp Prep Kit, Driver Only Note: Does not include spot lamp housing and bulb ;pot Lamp Prep Kit, Dual Driv er and Passenger. Note; Does not include spot lamp housing and A 0 $ 279.00 ', $ 280.00 ielete Spotlight Driver Side Only (Unity)(110.00) $ {110.00) iriver Only (Whalen) 0 $ 419.00 $ 420.00 ival (driver and passenger) (Unity) --�-- 0 $ 619.00 $ 620.00 ival (driver and passenger) (Whelen) 0 $ 664.00 $ 665.00 ull Window Tinting, Lumar or 3M brand 0 $ 385.00 $ 385,00 lass - Solar Tint Zd Row door glass, Rear Quarter and Liftgate Window (Deletes Priv acy Glass) 0 $ t19.00 $ 120,00 lass - Solar Tint 2'd Row Only door glass, Privacy Glass on Rear Quarter and Liftgate Window 0 $ 84.00 $ 85.00 Inderbody Deflector Plate (engine and transmission shield) 0 $- 334-007, $ 335.00 Aeel Covers (18" Full Face Wheel Cover) Note: Only available with the standard Police wheel, of available with 64E 0 $ 59.00 $ 60.00 8" Painted Aluminum Wheel. Note: Spare wheel is an 18" conventional (Police) black steel heel. Not available with 65L 0 $- 474.00 $ 475.00 2,1" Integrated Computer Screen Includes 12.1' touchscreen display in center stack and allows for operation of laptop in remote 0 $ 2,744.00 $ 2,745.00 )cation to free up cabin space in front passenger area Includes Audio Video Extender (AVX) box, (2) AVX cables, (2) USB cables and (1) HDMI cable Includes SYNC 3 9 Rear View Camera displayed in rear view mirror {Includes Electrochromic Rear View Mirror) Note: Not recommended with option 47E 12.1" Integrated Computer Screen 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 -demand NN USB Charge wire for iphone 1A Chance wire for android devices Hidden Door -Lock Plunger wlRear-door controls inoperable (locks, handles and windows) 52P Note: Not available with 68G - includes all content of 68G Note: Can manually remove window or door disable plate with special tool Note: Lockslwindows operable from drivers door switches DUVALFaRD 71��I�II�C�3 0 $ 229.00 $ 230.00 ... 0 $ - 39.00 $ 45.00 0 $, 39.00 $ 45,00 0 159.00 I $ 160.00 Page 588 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.31- [K8A] FSA20-VEL28.0 DUVALFORD Page 589 of 897 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 Nate: Lockstwindows operable from driver's door switches Global Lock 1 Unlock feature (Door -panel switches will locklunlock all doors and rear liftgate. 18D Eliminates overhead console liftgate unlock switch and 45 -second timer. Also eliminates the blue 0 NC NC liftgate release button if ordered with Remote Keyless Entry ) D55F Delete: Remote Keyless -Entry Key Fob (colo Keypad, less PATS) - (includes 4 -key fabs) 0 $ (75.00) $ (75.00) $SE: Keyed Alike -1435x 0$ 49.00 $ 50.00 59B jKeyed Alike -1211 0 $ 49.00 $ 50.00 S0 Keyed Alike -0135x 0 - 49.00 $ 50.00 59F 'Keyed Alike - 0576x 0 $ 49.00 $ 50.00 $$ Keyed Alike -1111x 0 S 49.00 $ 50.00 59C Keyed Alike 1294x 0 $ 49.00 $ 50.00 Keyed Alike - 01 51 x D $ 49.00 '$ 000 tv f 1'and ?"row carpet roorcov enng (includes Rory mats, front and rear) „ 0 $ 124,00 $ 125.00 8ttf 2" Row Cloth Seats 0 $ 59.00 $ 60.00 E Power passenger seat (8 -way) w12 -way manual recline and lumbar) 0 J, 324.00 $ 325.00 85D Front Console Plate Delete. Note: Not available with option: 67H, 67185R 0 NC NC Rear Center Seat Delete • Deletes the center section of the 2nd row seat - Includes molded trim floor panel in lieu of center seat section 8 p, " Rear Console Plate. Note: Not available with option: 65U, 85D 0�: $ 44 00 S 45.0 - 0 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 9.791(.308 Winchester 150gr) 90D Per LAPD requirements, they're also designed to withstand special threat rounds: 0 $ 1,584.00 $ 1,585.00 •7.62 x 39 mm MSC 7.9g (Type 56) •5.56 x 45 mm M193 3.368 •5.56 x 45mm M855 4g Ballistic Door -Panels (Level 11 R) - Driver & Pass Front -Doors, Tested and meets the requirements of NIJ Standard 0108.01 Level III: •7.62 x 51 mm 9.7g M80 (.308 Winchester 150gr) Per LAPD requirements, they're also designed to withstand special threat rounds: 0 $ 3,169.00 $ 3,170.00 mm MSC 7.9g )type 56) • 5.56 x 45 mm M193 3.368 _,97,12,,39 •5.56 x 45mm M855 4g Ballistic Door -Panels (Level IV+) - Driver Front -Dolor Only Tested and meets the requirements of NIJ Standard 0108.01 Level IV: + .30-06 M2 AP 166gr (7.62 x 63 API 10.8g) 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 9.758 (.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 M • .30-06 M2 AP 166gr (7.62 x 63 APM210.8g) MG Also designed to withstand special threat rounds: 0 $ 4,829.00 $ 4,830.00 • 7.62 x 54R LPS 9.658 • 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 I B BLISS - Blind Spot Monitoring with Cross -traffic Alert 0 $ 544.00 $ 545.OD DUVALFORD Page 589 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 lice Perimeter Alert - detects motion in an approximately 270 -degree radius on sides and back vehicle; if movement is determined to be a threat, chime will sound at level I. Doors will lock and 0 $ 674,00 $ 675.00 idows will automatically go up at level II. Includes visual display in instrument cluster with QUVALFORD Page 590 of 897 Pre -Collision Assist with Pedestrian Detection (includes Forward Collision Warning and Automatic 76P Emergency Braking) 0 $ 144.00 $ 145.00 Note: Includes unique one -touch temporary disable switch for Law Enforement use Note: Not available with option 96W Mirrors - Heated Sideview Note: Not required when ordering BLISO (heated mirror is included with BLISS?) 0 $ 59.00 $ 4140 Perimeter Anti -Theft Alarm • Activated by Hood, Door or Liftgate; when unauthorized entry occurs, system will flash the 593 headlamps, parking lamps and sound the hom 0 $ 119.00 $ 120.00 - Requires Keyless -Entry Key Fob (55F) Note: Cannot be ordered with Keyed -Alike options Police Engine Idle feature � 7A se when outside of your vehicle. Allows the key to be removed from ignition while vehide remains Idling This feature allows you to leave the engine running and prevents your vehicle from unauthorized 0 $ 259.00 $ 260.00 . 1611 Reverse Sensing System 0 $ 274.00 $ 275,00 17A Rear Auxiliary Air Conditioning 0 $ 609.00 $ 610,110 Bade Delete 16D • Deletes the "Police Interceptor" badging on rear liftgate 0 NC NC • Deletes the "Interceptor" badging on front hood (EcoBoost®) $ Cargo Storage Vault (includes lockable door and compartment light) 0 24.00 $ 245.00 1 SK H8 AGM Battery (850 CCA/92-amp) 0 $ 109.00 $ 110.00 Low -Band Frequency Noise Suppression Kit • Recommended for agencies that operate 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 devices in the 39-46 MHz 0 $ 194.00 $ 195.00 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 Noise Suppression Kit BOR (68E) recommended for agencies that operate radio equipment in the 39-46 MHz f requency range 0 $ 99.00 $ 100.00 (VHF Low Band - Channels 1-9) ) Srk - 100 Waft Siren/Speaker (includes bracket and pigtail) 0 $ 314.00 $ 315.00 t;1 L OBD -I1 Split Connector -Allows up to 2 devices to be connected to the vehicle's OBD -II port 0 54.00 $ 55.00 - .. TROY PRODUCTS 18" L-shaped console with 10" slope 18" level with faceplates, 4" dual cup internal beverage holder, 4" shallow console tray,2" face CC-20-UV10-L8- plate pre -punched wl holes for (2) DC outlets & (1) dual -port USB module, & 1 $ 855.92 $ 90.00 K height adjustable swivel arm rest with 5"x8" foam pad that bolts to rear of console. TROY PRODUCTS 22" all -level console with faceplates, 4" dual cup internal , C-20FDUV-22- beverage holder, 4" shallow console tray,2" face plate pre -punched w/ holes for 1 $ 830.53 $ 90.00 (2) DC outlets & (1) dual -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, armrest, Mongoose 1 $ 873.75 $ 90.00 motion attachment 170-0734-00 Console - Gamber Johnson - Console box with cup holder kit 1 $ 448 75 $...... 90.00 0 1,+_VS 10.12_INUT .Console - Havi Vehicle S ..� ,,,,,,,,,,,,,,,,,,,,,, ... ,,,,,,,,,,,,,,,,,,,,,,, s Specific 22" Console 1 .................. $ .. 498.75 $ 90.00 C-VS-1400-INUT. 'Console - Havis -Vehicle Specific 14" Console 1 $ 348.75 $ 90.00 4" 1' -6505 Console - Jotto - Ford PI Utility (2020+) Police Equipment Console - Contour 1 $ 442.50 $ 90.00 �5-6162 - Jotto - Police Equipment Console - Contour �Console.00 1 $ 298.75 $ 90.00 160-0524 Console Armrest - Gamber Johnson - MCS External Break -Away Armrest 1 $ 240.00 QUVALFORD Page 590 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 7'160-0375 Console Armrest - Gamber Johnson - MCS Extended Panel Armrest 1 $ 108.75 $ 90.00 C -ARM -101 Console Armrest - Havis - Top Mount Arm Rest 1 $ 90.00 $ 90.00 C RhA-102 Console Armrest - Havis - Side Mount Armrest 1 $ 77.50 $ 90.00 1 + 25,6260 Console.. pp ... Armrest -Jotto -Armrest - Upper Structure 1 $ 72.50 - $ 90.00 25-6358 Console Armrest - Jotto - 3" Armrest - Faceplate Mount 1 $ 52.50 $ 90.00 3130-0361 17160 x}130 Console 3 Outlet - Gamber Johnson - DC Outlet Face Plate 13 Outlet 1 $ 116.25 $ 90.00 063 0,,-,,P-3 Console 3 Outlet - Havis - 3 Outlet power supply 1 $ 78.75 $ 90.00 425-2968 Console 3 Outlet - Jotto - 12V Power Outlets in 2" Faceplate 1 $ 78.75 $ 90.00 160-0846 Console Cupholder - Gamber Johnson - 2 Cupholder ] $ 65.00 $ 90.00 C-CUP2-I Console Cupholder - Havis - 2 Cupholder 1 $ 52.501 $ 90.00 413704 Console Cupholder - Jotto - 2 Cupholder $ 58.75 1 $ 90.00 TROY"10U :S[�SD�IF�I:aED[s�ue-mount computer mount +nni'easy Troy LTS one -handed operation. Includes Troy's unique slide -arm feature. (Includes CM- 1 $ 661.25 $ 90.00 ----------.......�...mm...� LT -1600 Laptop Tray.) ...............m.. -... ........... �....mm mm............ TROY PRODUCTS [CM-UV20-SL-LED] non -intrusive passenger seat computer Troy Premium LT,, stand with easy one -handed operation. Includes Troy's unique slide -arm feature. 1 $ 767.05 $ 90.00 Does not compromise passenger side foot space. Includes Laptop Tray CM -LT- 1600. pED KIT - 2020 P Laptop Stand - Gamber Johnson - 7160-1336,DS-LOWER-9,7160-0178,716fl- 1 $ 671.25 $ 90.00 0230,7160-0928 PKG-PSM-1006 Laptop Stand - Havis - Standard Passenger Side Mount Package 1 $ 358.75 $ 90.00 P°KG-PSM-3006 Laptop Stand - Havis - Premium Passenger Side Mount Package 1 $ 646.25 $ 90.00 425-501014143 Laptop Stand - Jotto - HD A -MOD Laptop Mount ��..... 1 $ 508.75 $ 90.00 2160-0250 jLaptop Cradle -Gamber Johnson - Universal Laptop tray I $ 308.75 $ 90.00 UT -1001 jLaptop Cradle - Havis - Universal Laptop tray 1 $ 271.25 $ 90.00 IiFZ Rider K9K9 9 An e�fun. Aluminum - EZ Rider K9 Platform System 12 $ 2,695.00 $ 90.00 EZ �tescue Door Pop ^ - American Aluminum - EZ R.E.S.C.U.E K9 Door Opening System 12 $ 2,243.75 $ 90.00 EZ Coolguard Pager K9 - American Aluminum - EZ Coolguard Pager Add On Option 12 $ 545.00 $ 90.00 E;2 Coolguard Heat Alarm K9 - American Aluminum - EZ Coolguard Temperature Monitor 1 Alert 12 $ 1,785.00 $ 90.00 DUVALFORD Page 591 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 DUVALFORD Page 592 of 897 Smooth edges and tight gaps to prevent injury, catch and 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 pin: 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 pin: 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 Integrated speaker cover in door panels reduces install time and allow vehicle to Havis K9 be restored to oe functionality 12 $ 3,500.00 $ 90.00 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 1 spare tire cover or Havis C -TTP -IN UT -1 200, 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 15" high) For K9 applications, it is recommended to order the Interceptor Utility with the OEM optional aux rear air conditioning. (Ford option code 17A) I i TROY PRO CTS lerg vein ld part for i'ti p � irpdr� , �7kick *ttgl�TP-E SL6-US-S " barrier and weapon recess panel, Includes mounting kit & partitiopanels 2 $ 1,042.13 $ 90.00 with big foot pockets for Interceptor Utility. 475-0065,475-09, Prisoner Cage - Jotto - Partition wlsliding window, wire mash, LEP, recess panel 2 $ 1,075.00 $ 90.00 Prisoner Cage - Pro-gard - Poly Center Slider Window with Expanded Metal I FW4714UINT20 InserULEP 2 $ 945.00 $ 90.00 ison r Ca -gard - Poly Center Slider Window with Expanded Metal PRPSP4714UINT 'P ec.Pnl InserUPrisoner 2 $ 1,025.00 $� 90.00 Cage - Setina - #8VS 1/2 Uncoated Polycarbonate 112 Vinyl Coated PKD1181TU20TM Expanded Metal 2 $ 820.00 $ 90.00 m MMMMMMMPrisoner Cage - Setina - #8VS Recessed Panel 112 Uncoated PolycarbonateM1/2 . PK03981TU20TM Vinyl Coated Expanded Metal 2 $ 910.00 0 9 $ 90.00 Prisoner Cage -Setina - #10VS C Recessed Panel Uncoated Polycarbonate PK06021TU20TM ,With Expanded Metal Window Security Screen 2 $ 970.00 $ 90.00 'Prisoner Cage -Setina - #10VS C Uncoated Polycarbonate With Vinyl Coated PK0601 ITU20TM„W Expanded Metal Window Security Screen 2 $ 875.00 $ 90.00 P100DUINT20A0 'Single Prisoner Cage - Pro-gard - Partition,seat,door panels, window bars,lep,rear barrier,belts 2 $ 2,355.00$- 90.00 Single Prisoner Cage - Pro-gard - Partition,seat,door panels, window I1000U1NT20A bars,tep,rear barrier 2 $ 2,160 D0 $ 90.00 ")05741TU20 Single Prisoner Cage - Setina - 6 -VS SPT - Stock seat 2 $ 1,110.00 ..$ 90.00 �..........-.-. .... FE7502-NP PrisonerSeat- Laguna-mSeat with Laguna Seat Belts (No g Rear Cargo Screenm m .1,00�$ .� included) 90.00 FE75i`RBP Prisoner Seat - Laguna - Seat with Ready Buckle (No Rear Cargo Screen 1 $ 1,195.00 $ 90.00 Included) Prisoner Seat Pro-gard Standard Transport Seat wl'/” Poly. Window Cargo 4702UINT20 Barrier � Seat 2 $ 1,270.00 $ 90.00 DUVALFORD Page 592 of 897 SPEC 254 Interceptor utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 S4705UINT20r QKQ6341TU20 navllcl J6a6 - 1-1 -UCIIU - JLallVplU t I4211ZPVI l JCaI w/ ! Va. JLwat ClUlcci' Window cargo bar. Prisoner Seat - Setina - REP. Seat, wire barrier, belts 2 2 $ $ 1,270.00 885.00 $ $ 90.00 90.00 FP47UINT20 1 floor Pan - Pro -pard - Charcoal Grey ABS, Floor Pan 1i $ 335.00 $ 90.00 EK�04911T�U20 ..-. .-.....FI Floor Pan ..._ �.P...0 Plastic .mm...m .... ......., mm ..`..Setina -oar Pan 1 .-. $ 340.00 $ 90.00 475-0067 Cargo Barrier - Jotto - Side Curtain Airbag Compliant Cargo Barrier - Wire 2 $ 675.00 $ 90.00 475-1337 Cargo Barrier - Jotto - Side Curtain Airbag Compliant Cargo Barrier - Upper Poly 2 $ 710.00 $ 90.00 4702UINT20 Cargo Barrier - Pro -pard - %" Poly, Cargo Barrier with Filler Panel with sca 2 $ 650.00 $ 90.00 • Cargo Barrier - Pro-gard - 7 Gauge Steel Wire, Cargo Barrier with Filler Panels r mo • i34705UINT20 with sca 2 $ 650.00 $ 90AQ .w-�wwmm.w-.�w w�-.. - FK01231TU202N Cargo Barrier - Setina - 12 -VS Wire Mesh Rear Barrier 2 $ 645.00 $ 9Q 00 P'K03161TU202NI Cargo Barrier - Setina -12-VS Poly Rear Barrier 2 $ 665.00 $ 90.00 475-0848 Window Bars - Jotto - Window Armor - Vertical G .-. $ 445.00 $ 90.00 475-1486 Window Bars - Jotto - Window Armor - Secure Grid 1: $ 465.00 $ 90.00 90.00 Window Bars - Fro -pard - Pair, Steel Window Bars (for use with O.E.M. door Gun Lock - Pro -pard - Vertical Partition Mount Single Weapon Tri -Lock GIR y11B47NPU1NT2Q panels only) 1 $ 395.00 $ 90.00 WK05141TU20 Window Bars - Setina - Window Armor - Vertical - - 1 $ �MMMMm405.00 m $ 90.00 WK05141TU20H Window Bars - Setina - Window Armor - Horizontal i $ 405.00 $ 90.00 4"x'5.1251 Door Panels - Jotto - Ford PI Utility (2020+) OEM Door Control Covers 1 $ 245.00 $ 90.00 DXD1001TU12 Door Panels - Setina - TPO Door Panels 1 $ - www.....-. 405.00 $ 90.00 OK05981TU12 Door Panes -- Satina. Allurninum Door Panels 1 5 355,00 $ t1f) 00 P'FB47UINT20HD Pratt Bumper- Pro-gard - HD Push Bumper 3 $ 610.00 $ 90.00 K0341 ITU20 Push Bumper - Setina - P810OAl2 12" Aluminum Push Bumper 3 $ 495.00 $ 90.00 Bt03421TU20 Push Bumper - Setina - PB100A16 16" Aluminum Push Bumper 3 $ 505.00 $ 90.00 ------ www 8 �gC3 03931TU - � push Bumper - Setina - PB300 VS Aluminum Bumper Full 3 $ 600.00 $ 90.00 SK05341T620 _ Push Bumper - Setina - PB400 VS Aluminum Bumper Full - - ..$...600.00 $ 90.00 Push Bumper -Westin - Pu4h SOer lto 3 $ 530.00 $ 90.00 • r mo • 1 OY'PVPODU'C'TS th0ft-detemot duat"w wa o m 0 n imbijnil. Incl4d64 b" (2) but M-SGRF-MNT- plates, two (2) lock and two (2) handcuff style locks with #2 key and `push- 1 $ 265.00 $ 90.00 button override switch. - ,17�-..2052 -- .... m ................ m........ ..... - Gun Lack - Jotto - Dual Weapon, Partition Mounted 1 $ 780.00 $ 90.00 75-2053 Gun Lock - Jotto - Single Weapon, Partition Mounted l $ 600.00 $ 90.00 Gun Lock - Pro -pard - Vertical Partition Mount Single Weapon Tri -Lock GIR GVPMS-H w/Handcuff K 1 $ 580.00 $ 90.00 Gun Lock - Pro -pard - Vertical Partition Mount Dual Weapon Tri -Lock GIR GVMPD-H w/Handcuff Key t $ 580.00 $ 90.00 GK10342USSCA Gun Lock - Setina - Dual Weapon, Partition Mounted, Universal Gun locks 1 $ 550.00 $ 90.00 Gr 102111 is Gun Lock - Setina - Single Weapon, Partition Mounted, Universal Gun lock 1 $ 393.75 $ -.90.00- Selina Cargo Storage System' 0841fTU20: S'TD Height,` without EZ 11ft.-f"op TKO841 tier configuration with sliding drawer and combo lock. Requires Setina 12vs or 2 $ 1,739.00 $ 90.00 Freestand. Fes`, EZ Lift Cargo Deck 2 $ 990.00 $ 90.00 TROY PRODUCTS storage vault, 40"Wx32"Lx12H". Includes two (2) lockable CP-GB403212- draw -tight handles, carpet on top, foam on floor, tilt -up cargo mount that allows 2 $ 1,451.00 $ 90.00 1 L -K access to spare tire, & tilt -down electronics tray. C''P-MS-UV- TROY PRODUCTS command post with tilt -up white board, storage drawers and I DWB-K tilt -up cargo mount that allows access to the spare tire. 2 $ 3,705.00 $ 90.00 DUVALFORD Page 593 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 DUVALFORD Page 594 of 897 TROY PRODUCTS eleva#ed storage vault, 48 Wx24"Lx8H".Includes two (2) 'P-GB44248-T3- lockable draw -tight handles, carpet on top, foam on floor and slide -out 2 $ 1 472 00 $ 90.00 electronics tray. Elevated desn allows access to spare tire. 101, r Code3: Administrative Vehicle Package - Consist of Interior LED Dash Light, (2) SVP LED Rear Deck Lights, 900 Series Head Light Flasher, Code3 H2 Covert Siren 7 $ 1,242.50 $ 90.00 or 3920 Series Siren and Light Controller, C31 OOU Speaker with Bracket. 5 -Year Warranty. SoundOff Signal Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight $ AVP Flasher; Tail light flasher; Four Corner Universal Undercover LED system; 7 $ 1,581.50 $ 90.00 Combination Light ControllerlSiren (ETSA200RA-PA); Speaker and Bracket - LED lights may be blue, red, amber or any combination - specify color. Whelen: Administrative Vehicle Package - Consist of Interior Rearview Mirror LED Light; Rear Deck or Headliner LED Lights (Minimum of 2); Headlight WAVP Flasher; Four Comer LED System; Hand Held or 295SLSA6 One Piece 7 $ 1,497.22 $ 90.00 Combination Light Control ler/Si ren; Speaker and Bracket — LED lights may be blue, red, amber or any combination - specify color. Code3 Economic Lightbar Package 21TR (Model 21TR47A4) Manufactured in t`.r,3ELBP-LED America, All LED Torus Modules, Flashing Takedown and Alley LED lights, 8 $ 1,895.26 $ 90.00 Code3 Mastercom Siren and Light Controller, C3100U Speaker with Bracket. 5 Year Warranty. SoundOff Signal Economy LED Lightbar Package - SoundOff Signal All LED 48" EMG2000 Magnum LED Lightbar 10-16v (EMG2000) wl Take Downs & Alleys, Standard Split option available — Clear lenses with Amber, Blue, Red or White LEDs - 3 LED inboards and 6 LED comers Bar can be ordered with any color in each module. 5 -year warranty is included on EMG2000. 6 lad comer for warning''] and standard with LED takedowns and alleys (CONTAINS NO EMPTY HOLES SOELB — LED OR MISSING DIODES). 5 -year warranty Included on EMG2000. Package also 8 $ 1,859.79 $ 90.00 includes a SoundOff 100 -wait 400 series siren (Siren Model number ETSA400csp) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker wlvehicle 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 America, with, (2) Flashing/ WELB — LED Takedown LED Lights, (2) Flashing/ Alley LED Lights, Mounting Kit, Epsilon 8 $ 1,712.77 $ 90.00 Series Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Code3: Basic Unmarked Patrol Package - Consist of Interior LED Dash Light, (2) mm mm..mmm t'M3EUMP-LED Grille LED Lights and (2) LED Rear Deck Lights, 900 Series Headlight Flasher, 9 $ 1,367.50 $ 90.00 Code3 H2 Covert Siren and Light Controller, C3100U Speaker with Bracket. 5 Year Warranty. SoundOff Signal Basic LED Unmarked Patrol Package - Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each SOEUMP — LED Position); Headlight and tail fight flashers; Four Corner Universal Undercover 9 $ 1,680.38 $ 90.00 LED system; ETSA461HPP 100W handheld remote Combination Light Controller/Siren, Speaker and Bracket(s) - LED lights may be blue, red, amber or any combination - specify color. Whelen: Basic All LED Unmarked Patrol Package -Consist of Interior Rearview Mirror, Grille and Rear Deck LED System (Minimum 2 Lights in Each Position) EUMP — LED LED lights may be blue, red, amber or any combination — please specify color; 9 $ 1,563.22 $ 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. DUVALFORD Page 594 of 897 SPEC 254 Intercepter Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 DUVALFQRD Page 595 of 897 C3MLBP-LED ;Code3 Medium Lightbar Package, 21TR Plus (Model 21TR47MC) Manufactured in America Features Full Flood Takedown Torus Multicolor Light heads with Torus corner modules, Flashing Takedown and Alley LED Lights, Directional Arrow. Code3 Xcel Siren and Light Control, C3100U Speaker with bracket. 5 Year Warranty. Code3 Premium Tier1 Package all LED De her (M2 -..... Defender Lightbar (ModeIDF47A2) 8 - $ 1,898.65 $ 90.00 C3PLBP-LED Tricore Modules, (2) LED Flashing/Takedown Lights, (2) LED flashing/Alley 8 $ 2,975.47 $ 90.00 `IER1 Lights, Auto Diming Photo Cell, Mounbrig Kit. Code3 Z3 Siren Light Controller, C3100U speaker with bracket. 5 Year Warranty. Code3 Premium Tier2 Package all LED Defender Multicolor Lightbar LED (ModelDF47A2MC), Tricore Modules, (2) LED Flash!ng/Takedown Lights, lER2 TIER2 capable of Front Flood Lighting, (2) LED flashing/Alley Lights, Auto Diming 8 $ 2,975.47 $ 90.00 Photo Cell, Mounting Kit. Code3 Z3 Siren Light Controller, Banshee low frequency Siren, (2) C31000 Speakers with bracket. 5 Year Warranty. eSoundOff SignalWW Medium LED Lightbar Package - SoundOff Signal All LED 48" EMG2000 48" Magnum LED Lightbar 10-16v (EMG2000) wl Take Downs & Alleys, Standard Split option available — Clear lenses with Amber, Blue, Red or White LEDs - 6 LED inboards and 12 LED corners. Package also includes a QMLB —LED SoundOff 100 -watt 400 series single tone siren (Siren Model number 9 $ 1,870.81 $ 90.00 ETSA481 CSP)) with integrated lighting controls and directional arrow switch to control optional full or split rear arrow, and 100 -watt SAE approved siren speaker wlvehicle specific mounting bracket (Speaker Model ETSS100D), please specify vehicle bracket needed. Lightbars are available in red, blue, amber, or any combination of these colors. .-- .............. ........... ......mmmm..... . 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 S "I,PLB —LED 1 flashing and/or steady burning LED TAKEDOWN and LED ALLEYS. 5 -year TIER warranty is included on ENFLB. Package also includes a SoundOff 100 -watt 9 $ 2,133.79 $ 90.00 400 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 speaker wlvehicle specific mounting bracket (Speaker Model ETSS100N), please specify vehicle bracket needed. ........................................ ,w..,...,....,... .� . 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 SOPLB — LED 2 ALLEYS. Bar can be ordered with any 2 colors in each module. 5 -year warranty TIER is included on ENFLB. Package also includes a SoundOff 100 -watt 400 series 9 $ 2,428.29 $ 90.00 single tone siren (Siren Model number ETSA481CSP) with integrated lighting controls and directional arrow switch to control rear arrow and 100 -watt SAE approved siren speaker wlvehicle specific mounting bracket (Speaker Model I ETSS100N), 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-Gold (Model ENFLB-GOLD) containing 16 Tri -Color LED modules with 336 LED's (CONTAINS NO EMPTY BOLES OR MISSING DIODES). Lightbar is equipped with programmable flashing and/or steady burning LED TAKEDOWN SOPLB — LED 3 and LED ALLEYS. Bar can be ordered with any 3 colors in each module. 5 -year TIER warranty is included on ENFLB. Package also includes a SoundOff 900 -watt 9 $ 3,119.69 $ 90.00 400 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 -watt SAE approved siren speaker wlvehicle 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 loaded Lightbar, ( ) Fully 00% Solid State Electrons s, Manufactured in America. Incudes, 2 () Flashing/ Takedown Ww NVILB — LED LED Light (2) Flashing/ Alley LED Lights, Mounting Kit, Epsilon Combination 9 $ 1,852.98 $ 90.00 Siren/Switch Controller, SA315P Siren Speaker and Mounting Bracket, SA315P Siren Speaker and Mounting Bracket. DUVALFQRD Page 595 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [KSA] FSA20-VEL28.0 DUVALFORD Page 596 of 897 Whelen Premium All LED LFL Liberty Lightbar (Model S8FSA1), Fully loaded, WPLB - LED 1 100% Solid State Electronics, manufactured in America with 15 Led Modules, TIER Two Wire Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, (2) LED 9 $ 2,131.64 $ 90,00 Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. 1Nhelen Premium All LED Dual Lightbar, (Model F8FSA1) Fully loaded, 100% IWPLB - LED 2 Solid State Electronics, manufactured in America, includes a Two Wire )� Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, (2) LED 9 $ 2,505.83 $ 90.00 Flashing/Alley Lights, Mounting Kit, 295SLSA6 Combination LightlSiren Controller, SA315P Siren Speaker and Mounting Bracket. Whelen Premium All LED TRIO Lightbar, (Model IG381FSA) Fully loaded, 100% WPLB -LED 3 Solid State Electronics, manufactured in America, includes a Two Wire 23% OFF PIER Controlled Traffic Advisor, (2) LED Flashing/Takedown Lights, (2) LED 9 LIST $ 90.00 FlashinglAlley Lights, Mounting Kit, CenCom Sapphire Combination Light/Siren Controller, SA315P Siren Speaker and Mounting Bracket. Code 3: Consists of Supervisor Flex (Specify Sedan or SUV Model) Passenger .C3PUMP-LED side only (3 Torus Multicolor light heads wl full flood takedown capability) g $ 2,345,08 90.00 'TJER1 Manufactured in America, Rear Full Wingman Torus LED, Code 3 H2 Covert $ Siren and Light control, C31 00U Speaker wlbracket. 5 Year Warranty. Code3: Deluxe Unmarked Patrol Package - Consist of Front Full Supervisor Flex �C3PUMP-LED (Specify Sedan or SUV model) (Multicolor Torus LEDs wl full flood takedown 9 $ 3,201.52 $ 90.00 TIER2 capability) Manufactured in America, Rear Full Wingman Torus LED, Code3 H2 Covert Siren and Light Control, C310OU Speaker with Bracket. 5 Year Warranty 1 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 SOPUMP - LED Flashers; Four Comer LED Universal Undercover (ELUC2S010x); Package also 9 $ 2,340.20 $ 90.00 includes a SoundOff 100 -watt Handheld siren (Siren Model number ETSA461HPP) 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 FuII- Width Interior LED System (Eight 3 -LED Module) with LED Takedown Lights; WPUMP - LED Headlight Flasher; Four Corner LED System, Hand Held or one-piece g $ 2,280.53 $ 90.00 Combination Light Controller/Siren; Speaker and Bracket - LED lights may be blue, red, amberor any combination - specify color. Also, available with eight 6 - LED Lamps for the Front Interior Lightbar. 11 Q! nlligilili III, I.— 11111! 111� iiiiiiiiii 11111i 0111 1 SoundOff Signal - ENFWBF Single Color full Featured Interior Lightbar Eight 6- ENFWBF- LED modules. with optional Two 6 -LED Flashing Take -Downs Meets SAE 3 $ 672.00 $ 90,00 SINGLE specifications. Easy 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 - ENFWBF-DUO LED modules. with optional Two 6 -LED Flashing Take -Downs Meets SAE 3 $ 779.001 $ 90.00 specifications. Easy Installation to Visor Anchor Points Without Drilling Holes, Vehicle Specific. Please indicate vehicle make and model. SoundOff Signal - Headlight flashers, solid state 1 $ 163.00 $ 90.00 ENT2133x Soundoff Signal - Intersector LED undermirror Light 3 $ 300.41 $ 90.00 EINT2B3x -......-..� .- ............ mm Soundoff Signal - Intersector DUO LED undermirror Light 3 $ 317.70 $ 90.00 SoundOff Signal - Tail light flashers 1 $ 230.00 $ 90.00„ E'TSA481CSR SoundOff Signal ETSA481CSR - deluxe siren 2 $ 408.35 $ 90.00 ETSA482GSR SoundOff Signal ETSA482CSR- 200 watt dual tone Console Mount siren with 2 $ 548 35 $ 90.00 lighting and arrow controls, Rotary knob ...,. -548,35 WWW ETSA482RSx SoundOff SignalTSA4 200 waftdualone remote siren with lighting 2 $ $ 90.00 and arrow Cbust n aft DUVALFORD Page 596 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.31- [1 FSA20-VEL28.0 Soundoff Signal Comer LED Kits - Universal undercover LED kit, consists of 4 E',LUC25010X comer LEDs, choice of colors, red, white, blue, amber or any split color 3 $ 382.76 $ 90.00 combination. Please specify colors. Included with inline flasher, 10' of cable ETSS100J Speaker 100watt 1 $ 169.00, $ 90.00 EMPDC1SMS1 3" mPower Single color 1 $ 117.50 $ 90.00 x ENFDWS3X nForce Dual Windshield, Dual Shroud and Dual Color 1 $ 255.75 $ 90.00 IE11PS1 SLE3X 3" mPower Single color -� ..................... _,I... $ 117.50 $ 90.00 E7TSKLF200 LF Aftershock Siren Sysstem, (2) 100 Watt Speakers, (1) 200 Watt amplifier 3 $ 670.00 $ 90.00 and Universal Brackets ' NFSWS3X nForce Single Windshield, Single Shroud Dual Color I I $ 164.31 $ 90.00 FLB42BCLOAC 4200 Series LED Beacon, 10-30v, SAE J845 Class 1 - FlatlPipe Mount, 4"Clear 2 $ 201.16 $ 90.00 IDomel Amber LEDs ETBASS2000 IreVerb Back -Up Alarm, SAE J994 Type C Certified, 12/24v 1 $ 86.37 $ 90.00 ... 1ENFTCDXS1206 ,. ...... nFORCE® 6 module Exterior Traffic Controller w/ Mounting Bracket, 12 LEDs - 2 $ 606.00 $ 90.00 Dual Color combination in Amber, Blue, Red, White 0T " A':.80UNi FF° OP1,7lQN,$,AVA,I LF., - CONT,AO'T' R P ,. -A1PG.3 LSO EOE PNOPILRFAC� AUT 1 96.00: $ 90.00 1. E -X �� SILL SUiRf�Aa'F IfC1111 .........-.�---..-.�--!11i B900 fI fayLEDLO P1�D .00. $ --- 90.00 Il 'BROO IINIG 1.2 LED LOW PROF ILE SURFACE 1J, 'fNYNT t $ 123.00 $ 90.00 ST6-X BI"1OOK11114,136 LED THIN SURFACE (,.XICwEiu' 1 $ 127.00 $ 90_.00 P 4L06 -)(X i;BROOXINI 1="AIR - DUAL IM OOE - SIN LCA OR 'E�"P1L1''t" 1;,�;OED1' ; "1 $ 159.00 $ 90.00 1 ZNS6-XX 13Rnoi, NIS H,0Ri77OE�_LED M065 -EW a3Alw1�a6RAcJ( ,,-t ..... .mmmm 2 ................ 39M1 00 . $ .mm..... 90.00. L05_XXXX BROOK WG M1CRFO BAR 111 2 $ 336.00 $ 90.00 DR-LEDBH m BROOKING, 8 LED BL,ACO 2 $ 184.00 $ 90.00 B14-XXXX fi3ROOVNG 1 C1 LEDBE"�CN.-...�.......� ��m-�-.....-� m - $ 218.00- $ 90.00 811u1-XXXX ... .......mm �� BROOKING 36 LED BEACON, 6 -...... $ -m ------ 297.00 .,. 90.00 EiT49 XX BROOKING 49" FIT LEGION LIGHT BAR 6 $ 755.00 $ 90.00 F:IT54-XX BROOKING 54" FIT LEGION LIGHT BAR 6 $ 805.00 $ 90.00 r:'VL6-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 1.SBD ***** 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 www�wwwwww...... www........-.� ;OTHIER BROOKING OPTIONS AVAILABLE -CONTACT REP .mm . w ......... ww w�wwwwwwwwwww..wwww-W LYIIR6.-X CODE 3 BLED UNIV. MATT.- SINGLE COLOR 1 $ 123.00 $ 90.00 ULT6-X CODE 36 LED, THIN SURFACE MINT 1 $ 117.00 $ 90.00 MirCROPAK CODE 3 'HIDE A BLAST,6LED,ULTRA SLIM,FM 1 $ 112.00 $ 90.00 NUCROPAK-DC CODE 3 HIDE A BLAST,6LED,LP,SM SPLIT COLOR 1 $ 124.00 $ 90.00 CD3 66** -VOL CODE, '3 VISOR/DECK LIGHT,W/CHASE 1 $ 177.00 $ 90.00 a"131R,NRDC-60R CODE 3 60" OUTLINER - BRACKET INCLUDED - PAIR 3 $ 655.00 $ 90.00 35991-5 CODE 3 H2 COVERT SIREN 2 $ 429.00 $ 90.00 E."19 T06-''''-"-""_"" CDDE 3 SLIM 100 WATT SPEAKER/BRACKET 1 $ 203.00 $ 90.00 ,OTHER, CODE 3 OPTIONS AVAILABLE -CONTACT REP - . • • • • A C11"' WHEL)EsNI: AVE G115 , It 80LO I $ 16 1 a' Is 0I100 A,r C21** °A11ELE'N DUAL AVENGER II SOLO 1 $ 240.00 $ 90.00 5HF'21g30A h"HIELE;F1 HEA.ROLI_GH T FLASHER 1 $ .._..94.00 $ 90.00 FS- 0-1 FCR -..-.. WHE,LEIN $'I' *~I'IP LIGHT PLUS - SOLO 1 $ 123.08 $ 90.00 PS*02FCR WHELEN STRIP LIGHT PLUS - DUO 1 1$ � 900.00.00 DUVALFORD Page 597 of 897 SPEC 254 Interceptor Utility AWD Hybrid 3.3L [K8A] FSA20-VEL28.0 HHS3200 WHELEN SIREN AMP W/ HAND-HELD CONTROL 2 $ 429.00 $590.'000 H S4200 WHELEN SIREN AMP W/ HAND-HELD CONTROL - WIE ECAN ,' $ 479.50 $ 29+5SLSA6 WHELEN 295SLSA6 SIREN/CONTROL CENTER 2 $ 429.00 $ HOWLER WHELEN LOW FREQUENCY TONE SIREN SYS./BRACKET 2 $ 529.60 $ SX31 fats WHELEN 100 WATT SPEAKER 1 BRACKET 1 $ 203.00 $ 90.00 �R�ti55 �... �., , wwww-w. WHELEN 60" TRACER - SOLO - PAIR - BRACKET INCLUDED 3 $ 890.72: $ 90.D0 "T"t"�H'IW 135. WHELEN 60" TRACER- DUO -PAIR - BRACKET INCLUDED 3 $ 1,095.00m$ .............M 0 9D.00' IPCC16W WHELEN Pi CONTROL CENTER 1 $ 140.00 $ 90.00 MC16PA WHELEN 16" MINI CENTURY -AMBER 2 $ 318.00 $ 90.00 G16PF WHELEN 16" MINI CENTURY -AMBERIWHITE _ 2 $ 347.05 .�....900.....,,,, $ .00 WW.IA97 WHELEN 97DB BACK UP ALARM 1 $ --ii. 84.00 $- ...._sD.o,..6 'VT`X609* WHELEN VERTEX LIGHT - 6 LED - PAIR 2 $ 209.50 $ 90.00 L10HAP WHELEN L10 BEACON 2 $ 245.00 J $ 90.00 4CRNS* WHELEN MICRON 1 $ 139.00 $ 90.00 IVCCRNT* WHELEN STUD MOUNT MICRON 1 $ 139.00 $ 90.00 IF 'WHELEN THIN ION 1 I $ 146.00 $ 90.00 ARGES 1 WHELEN 5° Spotlight with Proclera® Silicone Optic 3 $ 535.00 $ 90.001 , CES 2 WHELEN ProFocusT"", Select from Spot/Flood Combination Light WHELEN ARGES MOUNT - VEHICLE SPECIFIC 3 0 ..-.-. $ 590.00 $ 60.00 $ 9D.00 $ 90.00 AI413ES MOUNT ,OG'ln1 WHELEN ARGES BAIL MT CONTROL HEAD 1 $ 233.00 $ 90.00 A,RC14W WHELEN Control Head forArges®, Swivel Mount 1 $ 233.00 $ 90.00 �OD NSIT LT Seven Light rear roof mouned Lighting assembly (specify color) 4 $ 1,295.00 $ 90.00 TRANSIT RR LT Seven Light REAR roof mouned Lighting assembly (specify color) 4 $ 1,295.00 $ 90.00 POD e"asEll a. �B575 Extended Service Plan Base Care, Zero Deducible. Five5"ear, r51 iH Mie. Call beater for pian 0 $ 1,770.00 $ 1,770.D0 specifics and optional Terms. Price Guide Jan 2021 Extended Service Plan Base Care, Zero Deductible. Five Year, 100000 Mile, Call Dealer for plan GB'F1 iX specifics and optional Terms. Price Guide Jan 2021 O $ 2,325.00 $ 2,325.00 Extended Service Plan Extra Care, Zero Deductible. Five Year, 75000 Mile. Call Dealer for plan E575 specifics and optional Terms. Price Guide Jan 2021 0 $ 1,960.00 $ 1,960,00 Extended Service Plan Extra Care, Zero Deductible. Five Year, 100000 Mile. Call Dealer for plan E5100 specifics and optional Terms. Price Guide Jan 2021 0 $ 2,715.00 $ 2,715.00 ' Service Plan Premi t2021 Five Year, 75000 Mile. Call Dealer for l rP575 plan specifics and optional Terms. Price Guidea n O $ 2,625.00 $ 2,625.00 Extended Service Plan Premium Care, Zero Deductible, Five Year, 100000 Mile. Call Dealer for CP5100 plan specifics and optional Terms, Price Guide Jan 2021 0 $ 3,520.00 $ 3,520.00 Gut at 7bms purchase and Dellvery. Owl not include unique shipping circumstances when final Z1' product demands shipping outside the state of Florida. Note: Emmissions codes for specific $ 446.00 region. ................ .... -. Tag and Title processing and handling fee. Tags are processed at the local tag office and ITO physically picked up for client and affixed to vehicle prior to deliver. Cost includes electronic $ 4$00 administrative fee, manual processing courier, and Fedex related expense. li'II'p 30 Day Florida Temporary Tag. Requires (TTO) TaglTitle Option $ 7,00 Transfer Tag Charge: (Florida only) Please send scan of agency registration with tag ID clearly fX indicated. Requires (TTO) TagfTitie Option, includes (TMP) $ 90.00 New Tag Charge (Florida only) Requires (170) TagMtle option. Specify City, State, or Sheriffs .,................ ......... ETAG Tag. Includes (TMP) $ 125.00 DUVALFORD Page 598 of 897 111512021 NRirm�u�.�xuumu�✓a�rvrrv��,romrurr�rvrorivr�.�r/G,�irrlYKrrr r rY r �� irlUmnxmn�inmmn2ra �a�� FLORIDA SHERIFF'S ASSOCIATION BID FSA 20-VEH 18.0 Heavy Trucks and Equipment Customer: CITY OF BOYNTON BEACH RECYCLE TRUCK 154,500.00 RIGHT HAND DRIVE CONVERSION (SEE SPECS ATTACHED) Specification: 60 Region: SOUTHERN Quantity Unit Cost 1 extended Model: MV607 Base Price: 1 $ 61,122.00 235,673.00 $61,122.00 Contract Options: All Contract Options include a discount from manufacturer MSRP $ 6.00 -Florida Waste Battery Fee 1CAH (1CAJ) FRAME RAILS, 120,000 PSI 1 $ 839.00 $ 839.00 1 WEJ (1 WGS) WHEELBASE RANGE 175" TRHOUGH AND INCL. 254" 1 $ 2$5.00 $ 285.00 4EBT AIR DRYER, BEN DIX AD -IP WITH HEATER 1 $ 430.00 $ 430.00 4722 DRAIN VALVE (BENDIX DV -2) 1 $ 135.00 $ 135.00 8RPS AMIFMANBICLOCKIBLUETOOTHIAUX INPUT 1 $ 395.00 $ 395.00 8RMZ SPEAKERS (2) BOTH DOORS, (2) REAR PILLARS 1 $ 113.00 $ 113.00 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 I OWCY SAFETY TRIANGLE KIT 1 $ 38.00 $ 38.00 10771 (10769) PAINT CLASS SINGLE CUSTOM COLOR 1 $ 572.00 $ 572.00 12EKA 12ERL - ENGINE, DIESEL CUMMINS 136.7 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 14AHE (14AGR)AXLE, REAR, SINGLE (DANA SPICER21060D)21KCAPACITY 1 $ 1,637.00 $ 1,637.00 14TAX SUSPENSION, REAR, AIR (HENDRICKSON HAS230) 23K CAPACITY 1 $ 1,945.00 $ 1,945.00 14WAS SUSPENSION LEVELING VALVE, DUAL HEIGHT 1 $ 123.00 $ 123.00 15SGG FUEL TANK, NON POLISHED ALUM., 70 GAL, D -STYLE 1 $ 205.00 $ 205.00 16JNT SEAT, DRIVER (NATIONAL 2000) AIR SUSPENSION, HIGH BACI 1 $ 95.00 $ 95.00 16SNP MIRRORS (2) C-LOOP, POWER ADJUST, HEATED, BLACK 1 $ 218.00 $ 218.00 7372135809 11 R 22.5 LOAD RANGE G- AH37 (HANKOOK) 6 $ 89.00 $ 534.00 NEWTAG NEW CITY TAG 1 $ 250.00 $ 250.00 HV 4x2 HV 42 MODEL 1 $ 2,330.00 $ 2,330.00 Non -Contract Options: All Non -Contract Options include a discount from manufacturer MSRP LABRIE SIDE LOADER RECYCLER - TOP SELECT - INCLUDES STAND-UP 1 $ 154,500.00 $ 154,500.00 RIGHT HAND DRIVE CONVERSION (SEE SPECS ATTACHED) $ 1 $ Total: $ 235,228.00 $ 235,673.00 "Florida Waste Tire Fee 6 $ 1.00 $ 6.00 -Florida Waste Battery Fee 2 $ 1.50 $ 3.0_0 Total Purchase Order Amount: $ 235,228.00 ' 2 5,673.06 Cab Color: BLUE -� Body Color mm.. BLUE Prepared By: Carlos Correa Rechtien International 3787 Interstate Park Rd. Riviera Beach, FL 33404 office: 561-882-9050 cell: 954.422.4760 -included in base price Authorized Agent Signature: Bill Darty Date Signed: fax: 561-882-0218 email: ccorrea@rechtien.com Page 599 of 897 11119121, 6:57 AM The Florida Sheriffs Association f(https://www.facebook.com/floridasheriffsassociationl ., (https://twitter.com/FLSheriffs) A (https://www.flsheriffs.org/ ecoii e s M erilber (https://membership.flsheriffs.org/Membership-LP.htmI#Choose) About Sheriffs Programs Publications Join Today (https://membershipJlsheriffs.org/Membership-LP.htmi) Renew Membership (https://membership.flsheriffs.org/Membership-LP.html#Choose) PURCHASING K Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20 -'SEH 18.0 HEAVY TRUCKS Contract Term: October 1, 2020 — September 30, 2022 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible* agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible* agencies from other states have used the contracts if their governing purchases ordinance allows. V, IV https:/fwww.flsheriffs.orgAaw-enforcoment-prGgramsipurchasinglfsa2Ovehl8ht Page 600 of 8Sr7 11119121, 6:57 AM The Florida Sheriffs Association 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.fisheriffs.org/law-enforcement-programs/purchasing/fsa2Oveh18ht Page 601 of E7 11119121, 6:57 AM Bid Award Award Report Contract: FSA20-VEH18.0, Heavy Trucks Group: CAB AND CHASSIS TRUCKS: 30,000 LB GVWR Cab & Chassis (DRW) 4X2 Item: 60, International, MV, 607 Zone Rank Vendor Western Primary Cumberland International Trucks, LLC Northern Primary Cumberland International Trucks, LLC Central Primary Sun State International Trucks Alternate Cumberland International Trucks, LLC Southern Primary Rechtien International Trucks, Inc. Build Price Percent: File $62,365.00 0.00% Bu ll $61,325.00 0.00% Build $61,109.00 0.00% EIC :..a liild $61,325.00 0.00% Im uMd $61,122.00 0.00% Build https://www. myvendorlink.comlcommonlawardreportzonenooptionsftom.aspx?sid=96705&in=60 Options File opi'uor as (")Lill li'l Page 602 of 8A7 ................. .. ... ..... _. .... ... . _............. ...... - .... .. MV 30000 GVW FSA 60 spe11 c code (description FSA Price 60 OOOICAE -, mm m S" 'FRAME RAILS Heat Treated Alloy SteeI(120,000 PSI Yi eld); 10.125" x 3.580" x 0.312" (25"' 5. 2 xmm x 421 90.9mm x 8.Omm); 460.0" (11684mm� Maximum OAL 60 OOO1CAG 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 OOOICAH FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.375" x 3.705" x 0.438" (263.5mm x 834 94.1mm x 11.1mm); 456.0" (11582mm) Maximum OAL -10250" 60 OOO1CBE FRAME RAILS High Strength Low Alloy Steel (80,000 PSI Yield); x3.092" x 0.375" 3 25 (260.4mm x 78.5mm 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 B.Omm); 480.0" (12192mm) Maximum OAL 60 0001LNN BUMPER, FRONT Contoured, Steel, Chrome Plated 335 60 00015AL CROSSMEMBER, REAR, AF (1) 95 I60 0001SAM CROSSMEMBER, REAR, AF (2) mm 186 60 0001WAC m BUMPER EXTENSION, FRONT 4.0" 41 60 OOOIWDR FRAME EXTENSION, FRONT Bolt On Type; 20" In Front of Grille, without Crossmember 181. 60 0001WEJ WHEELBASE RANGE 175" (505cm) Through and Including 254" (645cm) 285, 60 0001WEK WHEELBASE RANGE 256" (650cm) Through and IncludInE, 311" (790cm) � . 468 60 10001WRS FRAME EXTENSION, FRONT Bolt On Type; 20" In Front of Grille, with Crossmember 1265� 60 1572 'TOW REAR 2 � HOOK () .......................................... 1 1 60 0002ARV AXLE, FRONT NON -DRIVING {Meritor MFS -14-143A) Wide Track, I -Beam Type, 14,000 -Ib 426 Capacity 60 0002ARW 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 AXLE, FRONT NON -DRIVING {Meritor MFS -16-143A) Wide Track, l -Beam Type, 16,000 -Ib 1494 �� . Capacity requires option code HV 4 x 2 60 0003ADE SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, , S eafShackle Type, 16,000 -lb Capacity, with 231 _ m�. ,Shock Absorbers reP,)uires option code HV 4 x 2 60 3770 SPRINGS, FRONT AUXILIARY Rubber 91 60_ 0004AZ1 KE ;AIR BRAABS (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 0004EBT AIR DRYER {Bendix ADAP) with Heater 430 60 0004VBC AIR DRYER LOCATIONS MOUNTED UNDER HOOD 57 60 0004VJL AIR DRYER LOCATION Mounted Outside Left Rail, 51" Back of Cab 65 60 0004VKJ AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab, 41 60004VKW Perpendicular to Rail 60 AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Right Rail, Back of Cab, Parallel to 484 Rail 60 Q004WWZ DRAIN VALVE (3) with Pull Chains for Air Tanks 86 60 0004WX5 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-Wheelwith Hand Control Valve and Tractor Protection , on Valve for 443 Straight Truck Page 603 of 897 60 4692 HOSE TENDER Flexible Pogo Stick Type 298 60 4722 DRAIN VALVE {Bendix DV -21 Automatic, with Heater, for Air Tank 135 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 10005PRV STEERING GEAR {TRW (Ross) THP601 Power 226 60 0005P5M STEERING GEAR {Sheppard HD941 Power 98 60 5708 STEERING COLUMN Tilting 102 60 5710 STEERING COLUMN Tilting and Telescoping 379 60 0006DGC ;DRIVELINE SYSTEM {Dana Spicer} SPL170, for 4x2/6x2 500 60 0007BES AFTERTREATMENT COVER Polished Aluminum 407 60 0007BEU AFTERTREATMENT COVER Aluminum 227 60 00078KP 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 Sin le Vertical Tail Pipe, Frame Mounted Right Side Back of Cab 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 00075CP 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'', 0n/Off Switch i � 60 0007WAY TAIL P1 T 170 PE {1) Straight Type, Bright 60 0007WAZ TAIL PI��' ,(1) T��,- PE 1 TurnbackT a 52 66 0007WBA TAIL PIPE (1) Tu Type, g r..... T , e Bri ht 170 60 0007WBS FFLERAIL PIPE GUARD UARD (1) Bright Stainless Steel 109 60 .,., 0007WC W .. ----9 TAIL PIPE {1) Horizontal�, Short�, Exits,��Right-�,� Side, 9-0 Degree Turnout 98 0007WZX SWITCH, FOR EXHAUST 3 Position, Momentary, Lighted Momentary, ON/CANCEL, Center Stable, 46 ��611 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 .. X60 OOOSGGG.. ......... ,,,,,,, � ., ALTERNATOR {Delco Remy 3fi51}Brushless, 12 Volt 165 Amp. Capacity, Pad Mount, with Remote 401 Voltage Sensor .- 60 0008GXB ALTERNATOR {Leece-Neville AV1160P20031 Brush Type; 12 Volt 240 Amp. Capacity, Pad Mount, 410 with Remote Sense 60 0008GXC __ ALTERNATOR (Leece-Neville AV1160P2007) Brush Type; 12 Volt 216 Amp. Capacity, Pad Mount, 33 m - Q w:. 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 _ i000$HAW � w Accommodation Package to Rear of Frame; for Combined 297 ELECTRIC TRAILER BRAKE/LIGHTS 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 50 6008HBE WIRING, SPECIAL Altec Body Pre -Wire for Power Distribution Module, Cab Pass Thru for 102 Pin 63° . 5� Connector 60 0008MJU nn. ........ . ................. BATTERY SYSTEM {Fleetrite} Maintenance -Free, (3) 12 -Volt 285OCCA Total, Top Threaded Stud 231 �60 0008M5G BATTERY SYSTEM Fleetrite Maintenance -Free, 3 12 -Volt 19$OCCA Total, To Threaded Stud 84' { ? (} p 08RMH BATTERY DISCONNECT SWITCH {Cole-Hersee 75920-06} 300 Amp; Battery Box Mounted, 144' Disconnects Charging Circuits, Locks with Padlock Page 604 of 897 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 60 0008T4B BACK-UP ALARM Electric, 102 dBA 98 60 0008TKC and Tail STOP TURN, TAIL & B/U LIGHTS (Truck Lite} Super 44, with LED Lights for Stop, Turni 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 AB_� S; 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 5 ignals 359 Combined with Stop, Compatible with Trailers That Use Combined Stop, Tail, Turn Lamps 60 0008TPA DATA RECORDER Includes Display Mounted in Overhead Console 1447 60 0008TPI. COLLISION MITIGATION SYSTEM {Bendix Wingman Advanced} Adaptive Cruise Control with 1226 Collision Mitigation and Stationary Object Alert; Includes Front Antenna, Driver Display 60 0008TPR STOP, TURN, TAIL & B/U LIGHTS {Weldon} LED Multi Function Lamp, Mounted Outside Rails, 146 Includes License Plate Light 0 6008TPU COLLISION MITIGATION SYSTEM {Bendix Wingman Fusion} Adaptive Cruise Control w/Collision 2770 Mitigation & Stationary Vehicle Braking, Stationary Object Alert, Lane Departure Warning, Overspeed Alert & Action; Includes Front Radar & Camera, Driver Display, Lane Departure 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 PlateLi ht 60 0008TSB COLLISION WARNING SYSTEM (Bendix BlindSpotter) Side Object Detection System; Includes 11901 Right Side Antenna & Side Display _ 60 0008VBA POWER SOURCE, SPECIAL for Customer Installed Lift Gate; 200 Amp Max, Includes OOga. Pow�9 ower 3$9 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 _ -Steel, 60 0008VUY 6ATTERY BOX with Plastic Cover, 25" Wide, 2-3 Battery Capacity, Mounted L�� eft Side Back Side Back ' 62 ofCab OOOSWAA 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 .. st Intermittent Speed When Park WINDSHIELD WIPER SPD CONTROL Force Wipers to Slowest t Inter �itt 34 p Time Brake Set and Wi ers Lefton for a Predetermine �. w„ 60 0008WLL Son Instrument Panel LIGHT, WORK Pedestal Mounted, Back of Cab, wit h witch I 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 OOOSWTK � { ,. � Type STARTING MOTOR Delco Rem 38MT T e 300} 12 Volt; less Thermal Over -Crank Protection 158 60 0008WXB HEADLIGHT WARNING BUZZER Sounds When Head Light Switch is on and Ignitionh i 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 I nition "OFF" and any Door Opened 60 0008WXG 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 605 of 897 60 0008X66 BATTERY BOX Steel, with Aluminum Cover, 14" Wide, 2-3 Battery Capacity, Mounted Left Side 377 Under Cab _ 60 0008XHC 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 0008XKA BATTERY BOX Steel, with Plastic Cover, 25" Wide, 2-3 Battery Capacity, Mounted Right Side, 16" 129 Back of Cab 60 0008XKC HEADLIGHTS Halogen, with Daytime Running Lights, Automatic Twilight Controlled 47 60 0008XKM SWITCH, AIR HORN, PASSENGER Fire Truck Application; Momentary Switch Located in �mm 47 Instrument Panel Close to Passenger, Driver Also To Activate Switch with Lanyard 60 0008XPA HEADLIGHTS LED, with Daytime Running Lights, Automatic Twilight Controlled 689 60 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 001OWPY MUD FLAPS, REAR Black Rubber, Anti-Sail Less Logo; Less Holders 77 60 001OWTR QUARTER FENDERS for Rear Wheels, Black Plastic, Frame Mounted 154 60 001OWUE MUD FLAPS, FRONTWHEELS (2) Rubber, Behind Front Wheels, Mounted on Fender Extension 62 60 0010WCU FIRE EXTINGUISHER (Cinglar) 98 60 0010WCY SAFETY TRIANGLES 38 60 10771 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 3301 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 RPM, 2200 RPM Governed Speed, 3_50 Peak HP (Max) _ 60 0012ER6 ENGINE, DIESEL {Cummins B6.7 240} EPA 2021, 240HP @2400 RPM, 560 Ib-ft Torque @ 1600 1472 RPM, 2600 RPM Governed Speed, 240 Peak HP (Max) 0 0012ERJ ENGINE, DIESEL {Cummins B6.7260) EPA 2021, 260HP @ 2400 RPM, 6601b-ft Torque @ 1600 2850 RPM, 2600 RPM Governed Speed, 260 Peak HP (Maxi wa,�:�:�:�:�:�:�:�:�:�:�:�:�:�: �60 0012ERL .......,,,,,,,(Cummins .::.:.::::::::::::::.W.a...:�,,.,,.,,ftTorque@1 2600 RPM 660::.:. ��T ��a,a,.:�:�:�2�� DIESEL 1, Ib- 600 4009 2600 RPM GSeed, 300 Peak overned RPM (Max)P 60 0012THJ FAN DRIVE f 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 0012WPW OIL PAN Extended Service Interval, 19 Quart Capacity, For Cummins ISB/B6.7 Engines 234 60 _ 0012XAT ENGINE CONTROL, REMOTE MOUNTED Provision for; Includes Wiring for Body Builder 37 Installation of PTO Controls; with Ignition Switch Control for Cummins ISB/B6.7 or ISL/L9 Engines .............................................28, -is _ion 60 0013AAZ AUTOMATIC NEUTRAL Allon WT, 3000 & 4000 Series TransmissShifts to Neutral When m,.nnrr m��m Parking Brake is Engaged .......,.romm� b0 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 606 of 897 60 0013AUK TRANSMISSION, AUTOMATIC (Allison 3000 EVS) 5th Generation Controls,Close Ratio,, omm a ........ 6 -Speed 6452 with Double Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor .e � � l ,...m.,m de Ratio,6 60 (Allison 3500 Rb5} 5th Generation Controls Wide Ratio 6 -Speed 0013AVL TRANSMI5SION, AUTOMATIC {All 5136 with Double Overdrive, with PTO Provision, Less Retarder, Includes Oil Level Sensor, with 80,000, Ib GVW and GCW Max, On/Off Highway 60 0013AVR 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 0013Wii, H 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 "'—......�...b.---.........................-- 60 0013WYH TRANSMISSION TCM LOCATION Located inside Cab 115 p �i 60 10014AET AXLE, REAR, SINGLE Dan 1 { a Spicer 210605} Single Reduction, Hypoid Gearing, 21,000 -Ib Capacity, 100 200 Wheel Ends 60 0014AHE AXLE, REAR, SINGLE {Dana Spicer 21060D} Single Reduction, 21,000 -Ib Capacity, Driver Control 1637' Locking Differential, 20Q Wheel Ends 60 0014AHG JAXLE, REAR, SINGLE {Dana Spicer 523-190} Single Reduction, Hypoid Gearing, 23,000 -Ib 1920' Capacity, R Wheel Ends 60 0014AHH AXLE, REAR, SINGLE {Dana Spicer S23 -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 —US 66 00145CE 5PENSION, REAR, 51NGLE 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 230123,000 -lb Capacity, 9.5" Ride Height, 1945 with Shock Absorbers 60 0014TAY SUSPENSION, REAR, AIR, SINGLE {Hendrickson HAS 230} 23,000 -Ib Capacity, 10.6" hide Height, 2118 with Shock Absorbers 60 0014TBS SUSPENSION, REAR, AIR, SINGLE {International IROS} 21,000 -lb Capacity, 9.25" Ride Height, with 1114 Shock Absorbers 60 0014TDD SUSPENSION, REAR, AIR, SINGLE {Hendrickson HAS 230} 24,500 -Ib Capacity, 9.5" Ride Height, 2534 with Shock Absorbers 60 0014VA) 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 -lb Capacity, Vari-Rate Springs, with 4500 -Ib Capacity 143 Auxiliary Rubber S grins 60 0014WAP SHOCK ABSORBERS, REAR (2) 140 6D 0014WAS 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 f=amily of Axles 60 14899 SUSPENSION AIR CONTROL VALVE Pressure Release Control In Cab 133 60 0015BAA DEF TANK COVER Stainless Steel 190 60 0015D2T FUELTAN K (2) Top Draw, Non -Polished Aluminum, D -Style, 16" Tank Depth, 40 US Gal {151 L) 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 U5 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 00155GD FUEL TANK Top Draw, Non -Polished Aluminum, D -Style, 19" Tank Depth, 100 US Gal (379L), 327 Mounted Left Side, Under Cab Page 607 of 897 60 0015SGG FUEL TANK Top Draw, Non-Polished Aluminum, D-Style, 19" Tank Depth, 70 US Gal (2651-), 205 Mounted Left Side, Under Cab 60 00155X1 FUELTANK Top Draw, Non-Polished Aluminum, 24" Dia, 50 US Gal (189L), Mounted Left Side, 238 require for clean CA Under Cab 60 0015WCN w� DEF TANK 5 US Gal (19L) Capacity, Frame Mounted Outside Left Rail, Under Cab 146 60 0015WC5 FUEL COOLER Less Thermostat; Mounted in Front of Cooling Module 2261 60 10015WDL DEF TANK 7 US Gal (26L) Capacity, Frame Mounted Outside Left Rail, Back of Cab. 73 6D I0016CAB 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 j0016GHU (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 Sus Tension 60 0016HLR VIRTUAL GAUGE, AIR APPLICATION Requires Premium Cluster 47 60 0016HLU VIRTUAL 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 00161NT SEAT, DRIVER {National 2000) 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 0016K WW 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 Acl,ustment, Lumbar, with 18" Wide Cushion and 20" Seat Back �........ .....mmm.m. ........... ............,- .... 60 0016LKA SEAT, REAR {National 2000)Two lndlvlduaI 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 20001 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 00165DC GRAB HANDLE ((2) 2) Chrome Towel Bar Type with Anti-Slip Rubber Inserts; for Cab Entry, Mounted 19 193 Left and Right, Each Side at "B" Pillar ( u 60 D016SDD GRAB HANDLE ADDITIONAL EXT 2W Chrome; Towel Bar Type with Anti-Slip Rubber Inserts; (1 Yp p 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" 5q. 57 60 10016SDZ 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 00165ED 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 Ripht on Exterior, Rear of Rear Doors; with Crew Cab Page 608 of 897 60 0016SJV MIRROR,CONVEX HOOD MOUNTED (Lang ng Mekra) (1) Right Side, Bright, Heated 145 `60 0016SJW � MIRROR, . .......,-� ...........�..� „�.......,-,-„��,�,.---. R, CONVEX, HOOD MOUNTED {Lang Mekra) (2) Right and Left Sides, Black, Heated, 7.5” 217 �' Sq. 60 0016SJX MIRROR,CONVEX, HOOD MOUNTED (Lang Mekra) (2) Right and Left Sides, Bright, Heated, 7.5" 3191, Sq. 60 00165MH SEAT, TWO-MAN PASSENGER {National} Fixed Back, Integrated Headrest in Both Occupant 471 Positions, VinVI, with Under Seat Storage Compartment �nnnn - 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 1 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 1H.O. Bostrom Sierra Air 1001 NFPA Compliant, Air Suspension, High Back, Vinyl 29 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 � 60 00165NN 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 0016SNR 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 b0 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 0016SNU 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 00165NV 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 0016SNX MIRROR, CONVEX, LOOK DOWN Right Side, Bright, 6" x 10.5" 47 60 0016SPE 'SEAT, PASSENGER (National Model HP) RollTek 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 ,.......0,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 60 0016SPG ,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,. ............ .. SEAT, PASSENGER {National Model HP) RollTek Equ ppQ , p��i y 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 mmm 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 60165PJ MIRRORS (2) C-Loop, Power Adjust, Heated, LED Clearance Lights, Bright Heads and Arms, 7" x 4071 14.5", Includes 8" x 6" Convex Mirrors, for 96" Load Width 60 CONSOLE, CENTER Polypropylene, with One Coin Holder, One Cup Holder and One Thermos 52 2 �0016VBS Holder, with Laptop PC or Clipboard Storage, Includes small Storage Area 60 0016VCB SEAT BELT All Red; 4 to 6 41 60 0016VCC --,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , -----,--,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .............. ��.��.................................... SEAT BELT All Orange; 4 to 6 41 Page 609 of 897 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 0016VKL 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 JARM REST, RIGHT, DRIVER SEAT 321 60 0016WBZ __.......... .................. JARM 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 � ",-708— 60 0016WJV WINDOW, POWER (4) And Power Door Locks, Front and Rear Doors, Left and Right , IncIu des Express Down Feature 60 0016W M HOURMETER, PTO for Customer Provided PTO; with Indicator Li ht and HourmeterMm� g 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 � d Arm Reston Crew Cab ARM REST, PASSENGER REAR for Inboard 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 X60 0016XWD m�. w,.w,es Integral Painted Roof Color; Includes Integral Clearance/Marker SUNSHADE, EXTERIOR Aerc, mic,� Painted 207 Lights 60 0016XXC COWL 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 Auxlliary Compressor in Secondary Position and Compressor Drive Effects for Vehicle with Primary Compressor Mounting V 60 16196 CAB Conventional 6-Man Crew Gab 7693 60 0027DUL WHEELS, FRONT Accuride 29300 DISC; 22.5x9.00 Rims, Powder Coat Steel, 5-Hand Hole, 10 { } 1 67 ;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 293001 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 ' Aluminum, 10- WHEELS, REAR {Accuride 426441 DUAL DISC; 22.5x8.25 Rims, Standard Polish 853 Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with Steel Hubs 60 0040SYS SRV CONTRACT, EXT VE H COVERAGE {Navista r}To 60-Month/150,000 Miles (240,000 km), 2126 Excludes Extended Warranty for Engine and Transmission 60 0040SYS SRV CONTRACT, EXT CMS ENG/AFTR {Cummins} To 60-Month/150,000 Miles (240,000 km), 2289 Extended Cummins L9 Engine Coverage, Protection Plan 1 and Aftertreatment 0060AAA [BDY INTG, REMOTE POWER MODULE Mounted Inside Cab Behind Driver Seat, Up to 6 Outputs 564 ��611 & 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, rive 75 MPH_D Drive 2 42 60 7372135429 X111122.5 Load Range G ECOPLUSHS3 (CONTINENTAL), 495 rev/mite, 75 MPH, All Position .... . . . . . . ............... -19 191, 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 X60 7372138135 111122.5 Load Range G ENDURANCE LHD (GOODYEAR), 493 rev/mile 75 MPH, Drive 262, 60 7372138136 11R22.5 Load Range G ENDURANCE LHS (GOODYEAR), 501 rev/mile, 75 MPH, Ail-Position 229 60 07702540190 315/801122.5 Load Range J UNISTEEL G291 (GOODYEAR), 491 rev/mile, 75 MPH, All-Position 274 Page 610 of 897 60 X07382155415 121122.5 Load Range H HSR2(CONTINENTAL),483 rev mile, 75 MPH All -Position 74 60 0040SZE SRV CONTRACT, EXT CMS ENG/AFTR {Cummins} To 60-Month/150,000 Miles (240,000 km), 4578 Extended Cummins L9 Engine Coverage, Protection Plan 1 and Aftertreatment 60 0040PTY SRV CONTRACT, EXT VEH COVERAGE {Navistar}To 60-Month/150,000 Miles (240,000 km), 2126 Excludes Extended Warranty for En ine and Transmission 60 0040RBK SERVICES, TOWING {Navistar?Service Call to 60-Month/Unlimited Mileage to the Nearest 1308 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 60 0040TVU SRV CONTRACT, EXT ALLISON XMSN (Al lison) To 60-Month/Unlimited Miles/km, for Allison 1033 3000 RDS with Utility or Other Vocations (ST08, ST17-ST22, TT01, 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 !HV4x2 HV4x2 2330 . 60 HV 4x4 HV 4x4 all wheel drive 180 87 60 RESCUE SPEC Rescue chassis spec otion 412 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 tap, standard bumper, painted white. For 84" CA & 22.5" wheels. 60 EC5000 5,000 Ib. Telescopic Service Crane, Stellar or equal. Includes crane and boom support "ONLY".L 24329 For appro mate crane body. 60 EC6000 6,000 Ib. Telescopic Service Crane, Stellar or equal In Includes crane an c d boom support "ONLY". 26970 For appropriate crane body. 60 lic Service/Telescopic crane, 7,500 lbs. max w/ double line, double-acting cyclinders K-7621 iHyd1 rau 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 605536 Boss 36 CFM hydraulic compressor with Reelcraft 50'x1/2" hose reel and roller fairlead through 15198 the right rear compartment FUR 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. 6Q TBU3618 Under body mounted steel tool box. 36"x18"x18" 5951 60 TBU4818 Under body mounted steel tool box. 48"x18"x18" 665' 60 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 monitor .aaaaaa.rvrvmdetai Cameras 7"LCD monitor (Ask Dealer for details) 0 1890' 60 BUC Back Up camera with 5" LCD monitor (rear mounted camera torovide wide de angle field of 1044 vision at rear of vehicle) - dealer installed. 60 n.......� PINTLE15 IY5TONPINTLE HOOK, d -rings Require code 4619 or SHAH ,z� -' 1540 60 PINTLE20 20 TON PINTLE HOOK, -rings Requires code 4619 or SHAW d 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 611 of 897 60 ;20FB 20 ft. flat stake body 40" sides all around 14630 60 241`13 24 ft. flat stake body 40" sides all around 16030 60 16STLTRASH 16' Steel Trash Dump, 48" sides, Barn Door Tailgate, Electric Tarp. 20699 60 `16ALMTRASH 16' Aluminum Trash Dump, 48" sides, Barn Door Tailgate, Electric Tarp. 24500 60 12CD 12' Contractor Dump Body, 14"sides, elect. Tarp 18669 �AA 14CD 14' Contractor Dump Body, 14" sides, elect. tarp 19579 . 60 16CD 16' Contractor Dump Body, 14" sides, elect. Tarp 20769 60 18CD 18' Contractor Dump Bod 14" sides elect. Tarp 21637 60 5/6 DB 5 to 6 cu. yd. 10 Dump Body, 24sides elec. tarp, 2 -way air tailgate 18179 60 16DV 16 ft. Dry Van body, aluminum, wood floor, roll -up rear door 11543 60 '20DV p � .. 20 ft. D Van body,aluminum, wood floor, roll -up rear door 13223 Dry 60 22DV .�rvrvry 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 WALTCO or equal 3,3001b. capacity Tuck -Away lift gate 7273 60 14ALMCHIPPER 14FT Aluminum Chipper Body 78" high sides/ 3/16 smooth floor 26650 60 '14STLCHIPPER ALTEC 14' Chipper Body, 72" High, Steel, prunner/ladder box, L -Cross Tool Box, for 120" Clean 43278 CA. 60 KMT -2 KMT -2 Mechanics 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. mmmm 60 WT20OOSTL Water Tanker 2000 gal., st...�m eel,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 6O 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 HDX1824 Hardox Body U ;agrade for Petersen TL3 1824 4988 60 HDX2030 Hardox 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 66AAA, minimum 83917 ��...................- _TC 33,OOOGVW & Allison 3000 Series RDS transmission ��.......�� ,,,, 60 M4 HD 25 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 33,000GVW. requires Allison 3000 Series RDS transmission 60 ALTEC L42A Altec L42A, Insulated Aerial Device, service body requires code 60AAA, minmum 33,OOOGVW. 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 HS30 00 _ 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 FP5 BRGKP Bergkamp FP5 flameless pothole patcher minimum 35 OOOGVW requires Allison 3000 Series 113707 RDS transmission Page 612 of 897 60 WT2000Poly 2000 Poly water tank, 750 GPM Pump 4 corner spray heads, minimum 33,000 GVW requires 44836 Allison 3000 Series RDS Transmission OCYRL Heil Rear loader 20YD New way Cobra minimum 33,000 GVW requires Allison 3000 Series RDS 6615 Transmission Page 613 of 897 AM Public Hearing 12/7/2021 Requested Action by Commission: Proposed Ordinance No. 21-027 - Second Reading - CLM Apartments (ABAN 21-004) - Approve request for the abandonment of a 119 -foot long segment of the 57 -foot wide SE 21st Avenue right-of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. Explanation of Request: The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting the abandonment (ABAN 21-004) of a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue, approximately 119 feet measured from the Florida East Coast Railroad right-of-way to SE 3rd Street (see Exhibit "A"— Location Map). The request for abandonment has been filed concurrent with a Major Site Plan Modification Application (MSPM 21-002), and a Future Land Use Map Amendment and Rezoning Application (LUAR 21-001). The subject request has been filed along with applications for Future Land Use Map Amendment and Rezoning, and a Major Site Plan Modification to allow the addition of a four- (4) unit apartment building to an existing multifamily residential development, associated parking and related site improvements. Staff recommends that the subject request be approved. This Planning & Development Board recommended approval of this item at the October 26, 2021 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Page 614 of 897 Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D Staff IRE)port D I ocaboin lMap D D ings DAgrE�1ENrYIENI'lt D Coindboins of Appirov,-,.i�l Description Ordinal['IC2, appirtnkng abaindoinirTIE)lllt Of 119 fay Ot SE�lgirTIE)lllt Staff IRE)port Exhibit A ROW AbaindoinirTIE)lllt I ocaboin li ap Exhibit IB SLArvey Exhibit C AbUltfilllg IFlroPE)lrfy OwnE)rs COIIISE�'lrlt to Abaindoin IROW Exhibit ID Coindboins of Appirov,,.-,.ill Page 615 of 897 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE ABANDONMENT OF A 119 -FOOT LONG SEGMENT OF 5 THE 57 -FOOT WIDE SE 21ST AVENUE RIGHT-OF-WAY, EXTENDING 6 FROM THE FEC RAILROAD RIGHT-OF-WAY TO SE 3RD STREET; 7 AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, 8 WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 9 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, Applicant is requesting abandonment of a portion of the unimproved 57- 13 foot wide right-of-way of SE 21" Avenue extending from the Florida East Coast Railroad right - 14 of -way to SE 3`d Street for a distance of approximately 119 feet; and 15 16 WHEREAS, staff has determined that the requested abandonment would not 17 adversely impact traffic or other City functions, and would not adversely impact other adjacent 18 property owners; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City Commission on the proposed abandonment; 22 and 23 24 WHEREAS, staff has determined that the subject right-of-way segment no longer 25 serves a public purpose other than retention of necessary utility easements, if warranted and 26 therefore recommends approval of the request, subject to the accompanying conditions. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing whereas clauses are true and correct and incorporated 32 herein by this reference. 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21 St Avenue extending 36 from the Florida East Coast Railroad right-of-way to SE 3`d Street for a distance of 37 approximately 119 feet. The property being abandoned is more particularly described as 38 follows: 39 40 PARCEL 'B' 41 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, 42 ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, 43 PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND {S:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.dou Page 616 of 897 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 16th day of November, 2021. SECOND, FINAL READING AND PASSAGE THIS 7th day of December, 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:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.dou VOTE YES NO Page 617 of 897 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue extending from the Florida East Coast Railroad right-of-way to SE 3`d Street fora distance of approximately 119 feet. The property being abandoned is more particularly described as follows: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of December, 2021 CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.dou Page 618 of 897 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (CLM APTS) - Ordinance.dou Page 619 of 897 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-012 TO: Chair and Members Planning & Development Board FROM: Luis Bencosme Planner II THRU: Mike Rumpf Planning & Zoning Administrator DATE: October 18, 2021 SUBJECT: Approve request for Abandonment (ABAN 21-004) of the 119 -foot long segment of the 57 -foot wide SE 21 st Avenue right-of-way, between the FEC Railroad Right -of -Way to SE 31d Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. BACKGROUND The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting to abandon (ABAN 21-004) a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue, approximately 119 feet measured from the Florida East Coast Railroad right-of-way to SE 31d Street (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a Major Site Plan Modification Application (MSPM 21-002) and a Land Use Map Amendment and Rezoning Application (LUAR 21- 001) for a proposed Infill Planned Unit Development, CLM Apartments, to construct a new four (4) unit apartment building to an existing multi -family development, associated parking and related site improvements. This abandonment is for the following street segment: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112°35'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. The location map attached as Exhibit "A" shows the location of the right-of-way to be abandoned. The attached Exhibit "B" is a Boundary Survey of the portion of the right-of-way to be abandoned and associated legal description. The segment of the right-of-way to be abandonment has an existing driveway that provides access to the adjacent property to the south (2201 SE 31d Street, Lot 31). The applicant submitted a letter of consent signed by the adjacent property owner, as well as a written agreement regarding the Page 620 of 897 Page 2 Memorandum No. PZ 21-012 ABAN 21-004 relocation of the existing driveway. According to the agreement, the applicant is fully responsible for the construction of an alternate access driveway connecting to SE 31d Street, as well as the costs associated with the project" (See Exhibit C). A condition of approval has been added to the Development Order to ensure the required access driveway is constructed prior to recordation of this Abandonment application with Palm Beach County (see Exhibit D). The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: Adjacent Uses: North: Developed multi -family residential parcel (CLM Apartments) classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: Developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Right-of-way of SE 31d Street; further east developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: FEC Railroad followed by developed multifamily properties classified Medium Density Residential (MEDR) and zoned Duplex (R2). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the following Conditions of Approval: 1. Provide a 25 -foot wide utility easement along the south property — as depicted on the associated Major Site Plan Modification Application (MSPM 21-002) — prior to permitting (see Exhibit D). 2. Walls, fences and other structures are prohibited within the easement (see Exhibit D). Planning and Zoning No objection, with recommended conditions (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible for the Page 621 of 897 Page 3 Memorandum No. PZ 21-012 ABAN 21-004 AT&T relocation and associated costs. No objection. Florida Public Utilities No objection. Comcast No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above - analysis, staff has determined that the subject right-of-way segment no longer serves a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004Wbandonment of ROW\CLM Apartments_Staff Report ABAN 21-004.doc Page 622 of 897 Page 623 of 897 Before me, this day personally appearedt -*xf �; A who, being duly sworn, deposes and says: C:*.., F"KZCk__. He is the owner of: 2201 SE 3RD ST BOYNTON BEACH FL 33435 Legal Description: CRESTVIEW-BOYNTON BEACH LOT 31 Parcel Control Number: 018-43-45-33-03-000-0310 Owner: Enock Elie e -_f (Signature) ;?, `" He is the owner of: 2.107 SE 3RD ST BOYNTON BEACH FL 33435 Legal Description: SUNNY OAKS ADD LTS 10 TO 13 INC Parcel Control Number: 08-43-45-33-13-000-0100 Owner: 21017 SE D ST LLC (Managing Membe Lawrence A Mastropieri Jr) (Signature) They have been furnished drawing which cle rly indicates the right-of-way to be abandoned (Lot 14 of the subdivision, of Sunny Oaks) and its relationship to their properties. They hereby consent to the abandonment of the described petition, site which is North to the property located at 2201 SE 3RD ST BOYNTON BEACH FL 33435 (0'8-43-45-33-03-000-0310). They hereby agree that the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 will construct an alternative access driveway to 2201 SE 3RD ST BOYNTON BEACH FL 33435 and incur the cost associated with the project. This agreement is contingent upon the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 successfuily obtaining final approvals from the city of Boynton Beach for the site plan, rezoning and land use amendment & abandonment for the "CLM Apartments" project, Additionally, this agreement is contingent upon the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 receiving ROW permit application approval for (Lot 14 of the subdivision of Sunny Oaks) and a building permit application approval for the afternative access driveway to 2.201 SE 3RD ST BOYNTON BEACH Fl. 33435. In the event the owner of 2107 SE 3RD ST BOYNTON BEACH FL 33435 successfuliy obtains all approvals and permits as referenced above, it is the owner's option to move forward with the "CLM Apartments" project, inciuding the co ruction ofte alte#rnative, aggessadriveway to 2201 SE 3RD ST BOYNTON BEACH FL 33,435. 91t (Signature), 2107 SE 3RD ST LLC (Lawrenc Mastropieri Jr) Cf Enock Elie STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me by means of,.p.,hy .§J&..@ p C25, �nqe, or online notarization, this day of ry 2 0 2 1 , by" who is personally know to me or who has produced: ]:��L_A',�z�,iv%;S, identification. Signature and name of Notary Public Seal Notary Public State 01 FlOrljda Nater' te a Aaron J SiegO 30() My Commission GG 314300 ion '3 'si Expires 4W Page 625 of 897 EXHIBIT D Conditions of Approval Project Name: CLM Apartments File number: ABAN 21-004 Reference: 2nd review plans identified as a Right -of -Way Abandonment with a September 9, 2021 Planning and Zoning Department date stamp marking. Comments: 111 A 25 -foot wide utility easement along the south property line is I X I II required prior to permitting. Comments: 2. Right -of -Way Abandonment approval is contingent upon approval of the associated Land Use Map Amendment and X Rezoning (LUAR 21-001) and Major Site Plan Modification MSPM 21-002 applications. 3. The segment of S.E. 21s' Avenue (a.k.a. Sunny Oaks Addition, Lot 14) to be abandoned is serving a public purpose as it provides access to the adjacent property (Crestview Boynton Beach, Lot 31). Be advised that Planning and Zoning approval of this Right -of -Way Abandonment request is contingent upon the X construction of an alternate access driveway connecting to SE 31d Street prior to recording the Abandonment documents with Palm Beach County. Please coordinate the submittal of a Right -of -Way Permit for the required driveway with the City's Engineering Division. Comments: 4. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible for the X relocation and associated costs. Comments: None recommended. 11 Comments: To be Determined I 1 11 Page 626 of 897 CLM Apartments (ABAN 21-004) Conditions of Approval Paae 2 of 2 btPARTMENTS 11 1 INCLUDE, REJECT ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\CLM ApartmentsWBAN 21-004Wbandonment of ROW\Exhibit D - ABAN 21-004 COA.doc Page 627 of 897 AW Public Hearing 12/7/2021 Requested Action by Commission: Proposed Ordinance No. 21-028 - Second Reading -Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Proposed Ordinance No. 21-029 - Second Reading -Approve request for Rezoning from R-3, Multi - Family 11 du/ac to I PUD, I nfill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Explanation of Request: The subject site is developed and contains two (2), four -unit multi -family buildings and associated parking lots which were constructed in 2000 according to Palm Beach County Property Appraiser records. In 2019, the site was sold to 2107 SE 3rd ST. LLC, the current property owner. The site currently has a Future Land Use designation of Medium Density Residential and is zoned R-3, Multi -Family, which permits up to 11 dwelling units per acre, or a total of eight units at the subject site. The site is located within the Federal Highway District of the CRA's Community Redevelopment Plan (CRA Plan). The CRA Plan recommends for the site, the Future Land Use designation of High Density Residential and corresponding Zoning designation, Infill Planned Unit Development. The High Density Residential classification allows a maximum density of 15 dwelling units per acre. The owner has submitted an application to amend the Future Land Use Map to High Density Residential and to rezone the property to Infill Planned Unit Development in alignment with the CRA Plan. As per Chapter 2, Article 11, Section 2 of the City's Land Development Regulations, a Major Site Plan Modification (MSPM 21-002) and abandonment of SE 21st Ave (ABAN 21-004) has been applied for concurrently with this request. The applicant proposes the construction of one additional two-story, four -unit multi -family residential building to be located north of the two existing multi -family residential buildings that currently exist at the site, resulting in a total of 12 dwelling units. Staff recommends that the subject request be approved. The Planning & Development Board recommended approval of this item at the October 26, 2021 meeting How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Page 628 of 897 Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D OrdinainCE) Ordinal['IC2, appirtnkng aind LASE, dE)Siginaboin for U M ApairtirTIENI'ItS, D OrdinainCE) Ordinal['IC2, appirtnkng r'E)Z01['1i1['1g U M ApartirTIENI'ItS D Staff IRE)port Staff IRE)port D I ocaboin li ap Exhibit A I ocaboin li ap D Exhibit Exhibit B E)dsbing Zoiniing D Exhibit Exhibit C Flro�POSEd D Exhibit Exhibit iD Exisbing F:::L.J1tL.J1ir'E) (.....a ind LJSE, D Exhibit Exhibit iE Flro�P(.'.DSEd F:::L.J1tL.J1ir'E) I aind USE) Page 629 of 897 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 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS CLM APARTMENTS AND DESCRIBED HEREIN, CHANGING THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL (MEDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. 26 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 27 28 29 30 31 32 33 34 35 Future Land Use of the following described land: PARCEL 'A' LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS. PARCEL 'B' S:ACA\Ordinances\Planning\Land UseACLM Apartments LUA - Ordinance.Docx Page 630 of 897 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 67 68 69 70 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. PARCEL 'C' LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 23, PAGE 154. CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS. is amended from Medium Density Residential (MEDR) to High Density Residential (MXL). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this 16th day of November, 2021. S:ACA\Ordinances\Planning\Land UseACLM Apartments LUA - Ordinance.Docx Page 631 of 897 71 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 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\Ordinances\Planning\Land UseACLM Apartments LUA - Ordinance.Docx VOTE YES NO Page 632 of 897 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND 5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS CLM 6 APARTMENTS FROM MULTI -FAMILY RESIDENTIAL (R-3) TO (IPUD) 7 INFILL PLANNED -UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, CLM Capital, LLC., has made application to rezone land, said land being 13 more particularly described hereinafter, from (R-3) Multi -Family Residential to (IPUD) Infill 14 Planned -Unity Development; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for 17 the property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said 19 City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from (R-3) 25 Multi -Family Residential to (IPUD) Infill Planned -Unity Development. A location map is attached 26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 PARCEL 'A' 28 LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP OR 29 PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS 30 OF PALM BEACH COUNTY, FLORIDA. 31 32 CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS. 33 34 35 1 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx Page 633 of 897 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 PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. PARCEL 'C' LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 23, PAGE 154. CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 64 accordingly. 65 66 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be 67 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 68 69 70 71 72 remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this 16th day of November, 2021. 2 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx Page 634 of 897 73 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 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) 3 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx VOTE YES NO Page 635 of 897 Page 636 of 897 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-013 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: October 19, 2021 PROJECT: CLM Apartments LUAR 21-001 REQUEST: Approve CLM Apartments request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Rezoning from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD), property located at 2107 SE 31d St. Applicant: Lawrence Mastropieri, CLM Capital LLC. PROJECT DESCRIPTION Property Owner: CLM Capital LLC through 2107 SE 31d St LLC Applicant: Lawrence Mastropieri, CLM Capital LLC Agent: Christi Tuttle and Bradley Miller, Urban Design Studio Address: 2107 SE 31d Street Location: Northwest of where SE 201h Court and SE 31d Street meet and east of the FEC Railroad. Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Multi -Family Residential (R3) Proposed Zoning: Infill Planned -Unit Development (IPUD) Proposed Use: Multi -Family Residential Acreage: 0.86 acres Page 637 of 897 Page 2 CLM Apartments LUAR 21-001 Adjacent Uses: North: Vacant residential parcel with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3); further north developed parcel with an existing place of worship and with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: SE 21st Avenue right-of-way (to be vacated); further south developed single-family property with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Developed single-family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: Florida East Coast (FEC) Railroad right-of-way, followed by developed multi -family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit Development (PUD). BACKGROUND The existing site is developed, and contains two (2), four -unit multi -family buildings and associated parking lots which were constructed in 2000 according to Palm Beach County Property Appraiser records. In 2019, the site was sold to 2107 SE 31d ST LLC, the current property owner of the site. The site currently has a Future Land Use designation of MEDR and a Zoning designation of R3, which permits up to 11 dwelling units per acre, or a total 8 units at the subject site. The site is located within the Federal Highway District of the CRA's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding zoning designation of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The owner has submitted an application to change the Future Land Use to HDR and amend the Zoning of the the property to IPUD in alignment with the CRA Plan, which, with a proposed abandonment of SE 21 St Ave, would permit a total of 12 units at the site. As per Chapter 2, Article II, Section 2 of the City's Land Development Regulations, a site plan (MSPM 21-002) and abandonment of SE 21s' Ave (ABAN 21-004) has been applied for concurrently with this request. The applicant proposes the construction of an additional two- story, four -unit multi -family residential building to be located north of the two existing multi -family residential buildings that currently exist at the site, resulting in a total of 12 dwelling units. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 2 Page 638 of 897 Page 3 CLM Apartments LUAR 21-001 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for December 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and Zoning Map amendments are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a Zoning Map amendment. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The City has expressed desire to increase the supply of attainable housing within it's limits. The proposed Future Land Use and Zoning Map amendments, in conjunction with the aforementioned abandonment, would permit the constructon of a total of four (4) dwelling units, or three (3) more than what would be permitted under the current configuration and designations. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.7.1 The City shall follow the recommendations of the adopted Community Redevelopment Plan to the maximum extent feasible when reviewing development applications pertaining to property within the Community Redevelopment area. Policy 1. 8.2 The City shall discourage urban sprawl by ... continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the Future Land Use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi -family, manufactured and mobile dwellings and group homes. Page 639 of 897 Page 4 CLM Apartments LUAR 21-001 Furthermore, the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. As such, the proposed FLUM amendment and Zoning Map amendment is consistent with the CRA Plan. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed four -unit multi -family residential building would be of the same scale of the existing multi -family residential buildings on the site. In addition, the existing land use pattern surrounding the site consists of an assortment of single-family, two-family, and multi -family residential buildings, as well as parking lot facilities for a place of worship. Furthermore, as stated in criterion "b", the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The CRA Plan was developed to guide more desirable and sustainable growth for the community. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern and would result in more desirable and sustainable growth for the community. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and Zoning designations support increasing density in close proximity to complementary land uses and alternative modes of transportation, resulting in a neighborhood - wide horizontal mix of uses. The site is approximately one-quarter of a mile from both Federal Highway and Seacrest Boulevard, which both contain neighborhood -scale commercial uses. Furthermore, two Palm Tran bus routes, Route 1 and Route 70 are accessible within walking distance from the subject site. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage has be reviewed in detail as part of the site plan, land development, and N Page 640 of 897 Page 5 CLM Apartments LUAR 21-001 building permit review processes Traffic. The applicant has provided a letter from the Palm Beach County Traffic Division indicating that the proposal meets the Traffic Performance Standards (TPS) of Palm Beach County. Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility: (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current R3 Zoning, as it would only allow for one additional dwelling unit next to existing multi- family residential development. As stated earlier in this report, the site is located within the Federal Highway District of the City's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The proposed amendments would bring the site up to a density which is consistent with the vision of the area and the City as a whole, and bring the Future Land Use and Zoning Map designations into further consistency with existing redevelopment plans. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multi -family dwellings appears to continue unabated. Page 641 of 897 Page 6 CLM Apartments LUAR 21-001 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of land available for commercial/industrial development as the current zoning designation does not permit commercial uses. The increase of dwelling units would result in a greater building area and valuation than the potential of the existing Future Land Use and Zoning designations. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no comparable sites. The subject site is looking for additional development options, rather than alternate site location). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The proposed site plan complies with the requirements of the IPUD zoning district RECOMMENDATION Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 6 Page 642 of 897 Page 643 of 897 Page 644 of 897 Page 645 of 897 Page 646 of 897 Page 647 of 897 E:lu" Public Hearing 12/7/2021 Requested Action by Commission: Approve Major Site Plan Modification for CLM Apartments to allow the addition of a four (4) unit apartment building, associated parking and related site improvements, on a 0.86 - acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the I PUD (I nfill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. (Item tabled from the November 16, 2021 meeting) Explanation of Request: The subject residential property is currently developed with two (2) multi -family buildings, each containing 4 dwelling -units. The applicant is requesting approval of a Major Site Plan Modification application (MSPM 20- 001) to construct an additional four (4) unit apartment building on the north side of the project site, associated site improvements, and required amenities. The project is dependent on City Commission approval of the following requests, which are undergoing concurrent review: (1) Right -of -Way Abandonment of a segment of SE 21St Avenue; and (2) Land Use Map Amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Rezoning from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (I PUD). Should these applications be approved, the project site would be of sufficient size (0.86 acres) to accommodate 4 additional dwelling units, required parking lot and amenities. The Planning & Development Board recommended approval of this item at the October 26, 2021 meeting. How will this affect city programs or services? Not applicable. Fiscal Impact: Not applicable. Alternatives: Not applicable. Strategic Plan: Strategic Plan Application: Not applicable. Climate Action Application: Not applicable. Is this a grant? Grant Amount: Page 648 of 897 Attachments: Type D AddE)indUlirn Mh D �D ings D Coindboins of Appirov,-,.ill Description Staff IRE)port Exhibit A I ocaboin IMa p Exhibit IB JUIStificaboin StatE)irTIENI'lt Exhibit C PrOOICt IRIairs Exhibit ID Coindboins of Appirov,,.-,.ill Page 649 of 897 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Mike Rumpf Planning and Zoning Administrator FROM: Luis Bencosme, Planner II DATE: October 13, 2021 PROJECT NAME: CLM Apartments (MSPM 21-002) REQUEST: Approve request for Major Site Plan Modification (MSPM 21-002) to the CLM Apartments project to allow the construction of a new four (4) unit apartment building and associated parking and related site improvements, on a 0.86 - acre parcel, located northwest of where SE 20th Court and SE 31d Street meet and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) Zoning District. Applicant: Lawrence Mastropieri, CLM Capital LLC. PROJECT DESCRIPTION Property Owner: CLM Capital LLC through 2107 SE 31d St LLC Applicant: Lawrence Mastropieri, CLM Capital LLC Agent: Christi Tuttle and Bradley Miller, Urban Design Studio Address: 2107 SE 31d Street Location: Northwest of where SE 20th Court and SE 31d Street meet and east of the FEC Railroad. Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Multi -Family Residential (R3) Proposed Zoning: Infill Planned -Unit Development (IPUD) Proposed Use: Multi -Family Residential Acreage: 0.86 acres Page 650 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 2 Adjacent Uses: North: Vacant residential parcel with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3); further north developed parcel with an existing place of worship and with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: SE 21stAvenue right-of-way (to be vacated); further south developed single-family property with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Developed single-family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: Florida East Coast (FEC) Railroad right-of-way, followed by developed multi -family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit Development (PUD). Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject residential property is currently developed with two (2) multi- family buildings, each containing four (4) dwelling -units. The applicant is requesting approval of a Major Site Plan Modification application (MSPM 20- 001) to construct an additional four (4) unit apartment building on the north side of the project site, associated site improvements, and required amenities. The project is dependent on City Commission approval of the following requests, which are undergoing concurrent review: (1) Right -of -Way Abandonment of a segment of SE 21St Avenue; and (2) Land Use Map Amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Zoning Map amendment from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD). Should these applications be approved, the project site would be of sufficient size (0.86 acres) to accommodate four (4) additional dwelling units, required parking lot and amenities. 2 Page 651 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 3 ANALYSIS Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for review. The applicant provided an approval letter from the Palm Beach County Department of Engineering and Public Works confirming the proposed development would meet the County's Traffic Performance Standards (TPS). The traffic statement indicates the project is expected to generate 88 net daily trips, six (6) net AM peak hour trips and seven (7) net PM peak hour trips, which is a net increase of 29 daily trips. School: The proposed development is required to submit an approved SCAD (School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public -school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "D" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agree the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, a 25 feet wide utility easement has been proposed to ensure the existing utilities are protected from future improvements and ensure service providers have adequate access (See Exhibit "D" - Conditions of Approval). Police/Fire: The Police Department has reviewed the proposed Site Plan (SP -1) and Photometric Plan (A3.0) to ensure the project meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. Also, the Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary Engineering Plan with conceptual drainage information. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions will be conducted at time of permitting. Access: The development would maintain two (2) points of ingress/ egress, each providing vehicular access to the north and south parking lots. The entry drive located on the south side of the site would provide access to the south parking lot from SE 31d Street; and, the second entry drive on the north side would provide access to the second parking lot from SE 20th Court. Both parking lots have a two-way drive isle that is of sufficient width to ensure safe, adequate and efficient vehicular circulation. Walkways are also proposed in front of each building. The walkaways 3 Page 652 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 4 provide a safe route to the recreational areas located on opposing sides (north and south) of the property. The walkways also connect to the existing sidewalk running parallel to SE 31d Street. Parking: Multi -Family Residential Developments consisting of two (2) or more bedroom apartments are required to provide two (2) parking spaces per unit, as well as additional parking spaces for guests calculated at a rate of 0.15 spaces per unit. The project proposes a total of twelve (12) dwelling units, each consisting of 3 bedrooms and two (2) baths. Therefore, a total of 26 parking spaces — including two (2) spaces for guests and two (2) accessible handicap spaces — would be required. The project meets the parking requirements as it proposes 23 standard size parking spaces and three (3) accessible handicap parking spaces. Landscaping: The proposed landscape improvements will meet the City's minimum code requirements. According to the Existing Tree Plan (L-1), the site currently has a total of seven (7) trees. The applicant proposes to remove three (3) Live Oak trees and preserve three (3) Gumbo Limbo trees and one (1) Bismarck Palm tree. The Plant List included on the Planting Plan (L-2) indicates that the great percentage of the proposed trees would be native and drought tolerant. According to the Plant List, the landscape will include 89 trees — including 51 large trees (Gumbo Limbo, Green Buttonwood, East Palatka Holly, Live Oak, Paradise Tree and Bald Cypress), 21 medium size trees (Yellow Elder, Spanish Stopper and Wild Lime) and 17 palm trees (Sabal Palm and Solitaire Palm) — 763 shrub specimens, and 2,737 small shrubs/groundcover plants. The plant material would be located around the site perimeter, building base and within the parking lot landscape islands. Additionally, the applicant included a note on the Planting Plan (L-2) indicating Florida number one grade plant material would be utilized. The applicant is proposing a variety of butterfly attracting plant species, which have been identified on the Landscape Plan (L-2) with an asterisk. The plant species include Live Oak, Dune Mistflower, Sweet Almond Verbena, Cocoplum and Dwarf Firebush. The Landscape Plan (L-2) proposes dense landscape buffers along the interior side property lines abutting the existing residential properties to the south and east. The twelve (12) foot wide landscape buffer along the south property line consists of Green Buttonwood trees and staggered wild Lime understory trees. The buffer also includes two rows of staggered shrubs (Green Island Ficus and Small Leaf Clusia). The ten (10) foot wide landscape buffer along the east interior side property line consists of a six (6) foot tall decorative wall landscaped with closely spaced Green Buttonwood trees, Live Oak trees and a dense Small Leaf Clusia hedge. The proposed five (5) foot wide landscape strip along SE 31d Street includes Yellow Elder canopy trees and two rows of shrubs (Gold shower and Nora Grant Ixora). Lastly, the five (5) foot wide landscape strip along the west property line 0 Page 653 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 5 consist of a six (6) foot tall chain link fence, East Palatka Holly trees and a dense Cocoplum Hedge. Building and Site: The existing aparment development is comprised of two (2) parcels totaling 0.78 AC and developed with two (2) multi -family residential buildings, a single -story garage and two (2) parking lots. Approval of the associated Right -of -Way Application would increase the project area to 0.86 acres, which is required in order to build four (4) additional dwelling units. The project proposes one (1) additional multi -family residential building and associated site improvements and amenities. The new building would be located on the north side of the site. The proposed building size and design is consistent with existing buildings on site. It would contain four (4) dwelling units, each comprising of three (3) bedrooms, two (2) bathrooms, kitchen, dining/ living room, closet and covered patio/ balcony. Access to the second floor is provided with an exterior staircase located on the east side of the building. Building Height: The building height allowed in the IPUD (Infill Planned Unit Development) Zoning District is flexible. The flexibility is intended to ensure compatibility and consitency of scale by requiring height of new buildings to be consistent surrounding buildings. According to the building elevations (A2.1 and A2.2), the new building will be the same height as the existing buildings on site, 23'5" as measured from finished graded. Setbacks: The required IPUD (Infill Planned Unit Development) Zoning District setbacks are flexible. According to the Site Plan (SP -1), the new building would be located on the north side of the site and setback from the property lines as follows: Amenities: IPUD (Infill Planned Unit Developments) projects are required to provide a programmed open space area in addition to pedestrian and bicyclist amenities. According to the Site Plan (SP -1), the project would include two (2) outdoor recreational areas, totaling 3,703 SF. The larger (3,053 SF) recreational area is located on the south side of the site and includes one (1) barbecue grill, two (2) benches and one (1) picnic table; the smaller (650 SF) recreational area located on the north side includes one (1) picnic table and barbecue grill. Design: The building mass, architectural features, color palette, size and height of the proposed building is consistent with the existing buildings on site, and in harmony with the neighborhood character. The building design is inspired by 5 Page 654 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 6 the Floribbean style, which is a combination of Florida Vernacular Architecture and Key West Architecture. The project architect designed the building with adequate horizontal and vertical fagade articulation. The building design includes step backs, stucco banding and pitched standing seam metal roof. The building will be painted with cool light colors (Sea Salt and High Reflective White). A textured stucco horizontal band has been added between the 1 st and 2nd floors. Suspended aluminum canopies are proposed above the front bedroom windows. The upper portions of the building (2nd floor) include covered, recessed balconies with white railings. Sustainability: According to the City's Sustainability Development Standards, new multi- family residential developments consisting of a minimum of three (3) dwelling units and up to 25 dwelling units shall achieve at least fifteen (15) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The Sustainable Development Chart on the Site Plan (SP -1) indicates the project would achieve the required 15 points by incorporating the following options: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy Efficient Cooling - All air conditioners are Energy Star 2 Minimum SEER 16. -qualified. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 for building interiors for 100% of proposed lighting. -lighting Energy star appliances — All appliance with in a building are 2 100% energy star. Urban Nature Tree Canopy — Provide canopy trees in an amount that 4 exceeds the minimum number of required trees by 20%. Total Points 15 Lighting: The Photometric Plan (A3.0) includes a 20 feet tall freestanding light pole. It also includes two (2) light fixtures mounted to the building walls to illuminate the parking lot located between buildings A and B. The City's Land Development Regulations restricts the lighting levels to a maximum of 5.9 foot-candles. The Site Photometric Plan depicts lighting levels below the 6 Page 655 of 897 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 7 above-mentioned foot-candles limit. Signage: The project scope of work does not include signage. However, permit approval would be required for new signs. Public Art: The applicant is in communication with Glenn Weiss, Public Art Manager, in regards to the Public Arts Program requirements applicable to the project. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\Staff Report\Staff Report-CLM Apartments (MSPM 21-002).doc 7 Page 656 of 897 Page 657 of 897 Existing Land Use/Zoning: MEDR/ R-3 Existing Uses: 8 Multi -Family units in Buildings A & B Proposed Land Use/Zoning: HDR / IPUD Proposed Uses: urn CLM APARTMENTSlo n JUSTIFICATION STATEMENT mstucllo Request(s): Abandonment of ROW, Rezoning and 0.86 acres/ 37,638 Square Feet Land Use Amendment, Major Site Plan Modification, Engineering a„ ii n ii'iaininin niii esigi Waiver aindscaipe Aird: tectuire Submitted: August 4, 2021/DART 09.14.2021 iinii "'uin' flim c'"' ii! liics PROJECT DESCRIPTION Property Owner: CLM Capital, LLC Applicant: Larry Mastropieri Agent: Christi Tuttle / Bradley Miller AICP, Urban Design Studio Location: On the northwest corner of SE 21 sc Avenue and SE 31d Street, 2107 SE 31d Street Existing Land Use/Zoning: MEDR/ R-3 Existing Uses: 8 Multi -Family units in Buildings A & B Proposed Land Use/Zoning: HDR / IPUD Proposed Uses: 4 Multi -Family units in Building C Parent Parcel Area: 0.78 acres / 34,154 Square Feet Abandonment Area: 0.08 acres/ 3,484 Square Feet Gross Site Area: 0.86 acres/ 37,638 Square Feet Adjacent Uses: North: Multi -Family Residential Use - Future Land Use of LRC and Zoning is R-3 South: Multi -Family Residential Use with a Future Land Use of HDR and Zoning is R-3 East: Single -Family Residential Use with a Future Land Use of HDR and Zoning is SFR 1 Page 658 of 897 West: 100' Right -of -Way for Florida East Coast Railroad and west of that is Multi -Family Residential Use with a Future Land Use of MEDR and Zoning is PUD BACKGROUND The parent parcel of subject property consists of .78 acres of developed land located at the northwest corner of SE 21St Avenue and SE 31d Street, 2107 SE 31d Street, within the boundaries of the City Community Redevelopment Area (CRA). The site contains two multi -family residential buildings (Buildings A & B) with 4 units in each building and parking to support the existing residential units. The site is currently designated with a MEDR land use and a zoning of R-3. The CRA Redevelopment Plan identifies this property and the surrounding area to ultimately be developed under the HDR land use designation. In addition, there is a 57' foot wide unused right of way abutting the south line of the parent parcel in which the northern .08 acres of the right of way is being proposed to be added to the parent parcel. The remainder of the abandoned area will be added to the residential parcel to the south. APPLICATION REQUEST The proposed development is to construct an additional freestanding 4 multi -family unit residential building (Building C) on the northern portion of the property for a total of 12 units, plus additional parking. Accordingly, Urban Design Studio, agent for the applicant and owner of the property, is requesting concurrent approvals of the following: • Abandonment of the right of way in which the northern .08 acres of land will be added to the parent parcel for a total of 0.86 acres. • An amendment to the Land Use designation from MEDR to HDR to allow for a density of 15 units per acre, equating to the 12 units proposed. • A change to the zoning from R-3 to an Infill Planned Unit Development (IPUD). • A Major Site Plan to implement applicable regulations for the proposed development of the additional building, parking and related site improvements. • An Engineering waiver for the minimum sidewalk width for the new sidewalk proposed along the eastern side of the multifamily residential building. The sidewalk for this location is covered and 4' in width. The Engineering Standards require a 5' sidewalk width, therefore this waiver request is for a reduction in width of one foot. PROPOSED DEVELOPMENT With the approval of the above, the proposed CLM Apartment development will provide attainable housing consisting of 3 two-story buildings and a total of 12 residential units (4 additional). All buildings are two stories in height and will contain 4 units, each with three -bedrooms and two baths. The units sizes within Buildings A & B are approximately 1,100 square feet. The units within the proposed building Care approximately 1,138 square feet each. The overall building area for Buildings A & B is 2,132 square feet per floor and 2,275 square feet per floor for Building C. Each unit in Building C will also provide approximately 95 square feet of outdoor covered living space, directly accessible from each living room. The main entrances will be covered and include a porch for comfortable access with a 4 foot covered walkway along the front of building. 2 Page 659 of 897 The exterior finish consists of smooth stucco surfaces with stucco banding surfaces to provide an aesthetically pleasing fagade. Each window and sliding glass door will be picture framed with an accent band to provide architectural interest. All windows and doors include code mandated and approved hurricane impact resistant products. The construction will consist of exterior concrete masonry unit (CMU) load bearing partitions, with code required concrete tie columns and beams. The interior partitioning will consist of industry standard metal framing and gypsum board sheathing. The building will include a series of hip roofs including covered porch and balcony areas. The sloped metal roofs are a pleasing 4/12 slope and include a variety of intersecting roof lines. The exterior finish color palate will consist of finishes which are consistent with the surrounding residential neighborhood and match the existing apartment buildings on the property. Access to the property will be provided by two full access driveways from SE 31d Street. To support the residential community, a new parking lot will be constructed for 13 additional parking spaces located at the northern portion of the site, for a total of 26 spaces on the property, including 3 handicap spaces. Based on current code, 26 parking spaces required. A new dumpster enclosure will be constructed south of the proposed parking area with improved access from SE 31d Street and SE 10th Court. The existing dumpster which has no enclosure and located at the west end of the existing parking lot will be removed from site. Recreational open space area is also provided for use by the residents of the community as required by the IPUD zoning district. Based on the 12 total units, a minimum of 2,400 square feet of useable open space is required. As shown on the Site Plan, there is 3,703 square feet provided in two areas so that all units have access to a grills, tables, benches and open space for outdoor recreation. According to Sustainable Development, found in Chapter 4, Article XII of the City Code, multifamily residential development with less than 20 units are required to achieve at least 15 points based on listed criteria. The proposed development proposes to satisfy the minimum 15 points by at least providing the following: Energy All air conditioners are Energy Star qualified, minimum SEER 16 - 2 points Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof surface. — 2 points Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. — 2 points Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting - 1 point. All appliances within a building are 100% Energy Star — 2 points At least 75% of hot water on premises is heated via Energy Star Certified watrer heaters or solar water heaters. — 2 points Urban Nature Page 660 of 897 Provide canopy trees in an amount that exceeds the minimum number of required trees by 20% - 4 points. Based on the elements above, the criteria for sustainable development will be met for the proposed development. The area along SE 31d Avenue between the proposed parking area and the single-family home will be landscaped with a 10 -foot -wide buffer and 6' high wall as shown on the provided landscape plans. The plan also provides for a 5 -foot wide landscape buffer along the frontages of SE 31d Street and SE 20th Court, and a 12 -foot wide landscape buffer on the south property line with dense vegetation barrier in place of a 6 -foot wall. There is existing vegetation along the west property line, adjacent to the railroad, that is proposed to remain as the required buffer. A traffic study has been submitted to Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. We will be applying for school concurrency through The School District of Palm Beach County confirming that adequate capacity exists to accommodate student residents of the proposed 12 multi -family units. We have included that application for you to execute and return to UDS for submittal to the school board. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Section 2.B.3. of the Land Development Regulations contains the following review criteria for a future land use map amendment and rezoning. Approval of a FLUM amendment/zoning request shall be based on one (1) or more of the following factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (1) Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data must be provided within the application. It has been indicated that the City is in need of additional workforce/attainable housing. Approval of these application will allow for the construction of 4 additional units that will be priced accordingly for workforce/attainable housing. Although this site is small in size, the proposed HDR land use and IPUD rezoning will implement the regulations to allow for the construction of these 4 additional units. (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the site plan in order to maintain such consistency. This property is identified by the City's Future Land Use Maps and is planned for the proposed HDR land use which is consistent on the CRA Redevelopment Plan. After meeting with staff it was agreed that the HDR land use is much more consistent with the surrounding area and a better fit with this site. The IPUD zoning is specifically established for infill redevelopment sites such as the subject parcel and therefore is consistent with the intent of the Land Development Regulations. .19 Page 661 of 897 (3) Land Use Pattern. Whether the proposed FLUM amendment and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezoning's that would result in more desirable and sustainable growth for the community. The pattern for HDR land use is established on the property to the south as well as the properties to the east. The HDR land use and IPUD zoning will be a continuation of that pattern and not create an isolated district or land use classification. The entire surrounding properties in this area are residential. (4) Sustainability. Whether the proposed rezoning/FLUM amendment would support the integration of a mix of land uses consistent with the smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The site and proposed building offer sustainable features in its proposed design and construction as indicated above. Covered bicycle storage will be provided with the proposed new development to encourage alternative modes of transportation. There are also connecting sidewalks within the development for the residents to have comfortable access to all recreational space. The proposed HDR land use and IPUD zoning are certainly consistent with and complement other development within the area as planned for by the CRA Redevelopment Plan. (5) Availability of Public Services/Infrastructure. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. (6) Compatibility. The application shall consider the following factors to determine compatibility: (a) Whether the proposed FLUM amendment and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties. (b) Whether the proposed FLUM amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The City has planned for this property to be designated with the proposed HDR land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. Where there are adjacent single family or duplex residential uses, the Site Plan incorporates the required buffering and screening. (7) Alternative Sites. Whether there are adequate sites elsewhere in the city for the proposed use in zoning districts where such use is already allowed. Alternative sites are likely available in the City for this type of development, however the subject site and proposed development further the goals for development of infill parcels within the City. Page 662 of 897 INFILL PLANNED UNIT DEVELOPMENT (IPUD) CRITERIA Chapter 3, Article III, Section 2.G.1. of the City's Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development is the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the high density residential (HDR) future land use map (FLUM) classification of the Comprehensive Plan. The subject site is identified on the CRA Redevelopment Plan for High Density Residential (HDR) land use and therefore eligible for a maximum of 15 dwelling units per acre. As specifically indicated by the code reference, the purpose of the IPUD zoning district is to implement the HDR land use classification for the promotion of new development on infill properties. The proposed rezoning to IPUD implements the HDR land use classification and the proposed multi -family units are permitted uses in the IPUD zoning district and promotes the development of this infill property. This district is intended for infill purposes, promoting new development and redevelopment within the Community Redevelopment Area (CRA) area consistent with land use recommendations from the Community Redevelopment Plan at densities no greater than fifteen (15) dwelling units per acre. • The boundaries of the CRA extend along Federal Highway and to the west on SE 31d Street, including this property. • With the inclusion of the .08 acre area being abandoned, the total site will consist of 0.86 acres of land. The proposed development of 12 residential units therefore yields a density of 13.95 units per acre which is less than the maximum allowed density of 15 units per acre of the HDR land use. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The design of the property and architectural features described above and from the applicant's perspective, exceed the standards. Each unit provides a significant amount of living space, outdoor covered living space /porches, covered walkway along the front side of the proposed building and recreational use of a benches, grills and picnic tables. The units are positioned near the roadways with pedestrian walkways and porch/balcony areas consistent with the goals of the CRA Redevelopment Plan. The landscape areas will be enhanced with plant material, especially along the common property lines of existing residential properties to the south and east. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design and setbacks will be dependent on how well the proposed project otherwise exceeds the other applicable standards. m Page 663 of 897 The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate "flexible" relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the Code. The minimum standard drive aisle width is 24 feet which is provided along with 9'x 18' parking spaces. • Setbacks for the building area have been established as close to the property lines as possible to not conflict with sight/visibility triangles but yet provide a more pedestrian friendly frontage with sidewalks leading to all units. There is an existing concrete walk along SE 31d Street which will be removed for landscape and setbacks along interior property lines have complied with the minimum setbacks of the adjacent residential uses. Although the maximum building height allowed by IPUD zoning is 45 feet, the proposed structure is designed at 21'-6" to Mean Roof Height as defined by City code. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. The proposed development is consistent with the character of other multi -family developments along SE 31d Street, just northeast of our property there are several multi- family developments including the PUD to the west of the site on the other side of the FEC railroad. The proposed development is also compatible in height and architectural style of the other referenced multi -family developments. The proposed multi -family design is encouraged and supported by the intent of the CRA Redevelopment Plan, HDR land use classification and the IPUD zoning district. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The subject property and proposed development satisfy many of the sustainability goals of this regulation by providing condensed housing with pedestrian routes to local employment opportunities as close as the commercial businesses just to the south of our site and bus route opportunities on Federal Highway that extend to other communities throughout the entire County. The closest bus stop is 0.18 miles from the property. The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. Overall, the applications are following the policies and goals of the Comprehensive Plan to apply the HDR and IPUD zoning on infill parcels along SE 31d Street. The proposed development and design are consistent with the character of new development along the CRA South Federal Highway corridor which were also established and approved after consideration of these same policies, goals and standards. 7 Page 664 of 897 Abandonment Criteria - LDR Chapter 2, Article II, Section 2.G.3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non -fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The 57.1' Right -of -Way will be split between the north and south property owners. We have included the consent from the property owner to the South to abandon the Right -of -Way. S.E. 21s' Avenue dead ends in the area we are proposing to abandon. The driveway for the property to the south will be reconstructed once the abandonment application is approved and during construction of the subject parcel improvements. There are two driveways to the subject site along SE 31d Street for all access. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? All utilities are currently servicing the subject site. A 20 -foot utility easement will be recorded over existing utilities within the area of abandonment. Consent from some of the utility companies is provided with this application for the abandonment of the right-of-way. As demonstrated in the attached correspondence, several attempts have been made since May 2021 for contact with FPL and Comcast to obtain their consent. We will continue pursuing them throughout this process for same. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? • Approximately 4,317 square feet of onsite drainage areas are proposed within the site. Exfiltration trenches will also be used to allow a legal means of drainage for the site. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? • There is no native significant flora or fauna to be preserved and any that can be relocated has been identified on the landscape plans. 8 Page 665 of 897 REVIEW CRITERIA FOR MAJOR SITE PLAN APPLICATION The review of the site plan will satisfy the review criteria of Section 2.B.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, and building height. CONCLUSION Based on the information provided, this application complies with the CRA Redevelopment Plan for the South Federal corridor, the purpose and intent of the HDR land use classification, this IPUD zoning and review criteria and regulations for the proposed development plan of 4 Multi -Family unit development project requiring an amendment to the Future Land Use Map, Re -zoning, Abandonment of a Right -of -Way, Engineering Waiver and Final Site plan approval. Christi Tuttle is the Senior Project Manager should additional information be required. E Page 666 of 897 av yr S.E. 20th COURT DEVELOPMENTTEAM R'HTE'TS Not I M Bloe'veBou,= Surveyor lalel ovoulmB —lan-1 W LOCATION MAP urban design sivalo Ul, Pn,=,,,n L_ ..l.. A C.... --n Gh- -lne 1--zLU .......................... ......................................................................................................................................................................... 21 1 1- 1 cora ,x. 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OUTD ,ATFOOR BENCH SPECIFICATION gar' I f OUTDOOR PICNIC TABLE DETAIL s�E..s PEENo IIIIIIIhIIIII PAT 0 AITEIAITEI v BED oom e om < x o Ncaoomi aEa x o AJ �0000� e �x N U -N�__ a aE om.E TCHEN BEDROOM -1 BEDROOM IBEDROOM xi Es FOa GROUND LEVEL FLOOR PLAN ON BEDROOM 41 m OCCUPANCY/ CONSTRUCTION BALCONY BALCONY L TO C OB BEDROOM .1 SECOND LEVEL FLOOR PLAN ON EAST ELEVATION FINISH FLOOR_ 0,- 0 MEAN .�� UILULLIIILLLUII Y.LL�LL.LLILP�I _. 300TSEBEAMT J,.. cocoa rvoi oas rnxoows -r 201-01, exiea ors as •'- r<xruae srvcco oir SECOND .FLOOR aor ...... 7.. ry b .occomn^ rewewwei ............ ..... ...... ........... FINISH FLOOR.. 0'_0., r SOUTH ELEVATION MEAN ROOFHEIGHT Rum II, 2 5" _ _ TOTIE BEAM _ 20'- 0" SECOND FLOOR SECOND .. r EAST ELEVATION FINISH FLOOR_ 0,- 0 MEAN .�� UILULLIIILLLUII Y.LL�LL.LLILP�I _. 300TSEBEAMT J,.. cocoa rvoi oas rnxoows -r 201-01, exiea ors as •'- r<xruae srvcco oir SECOND .FLOOR aor ...... 7.. ry b .occomn^ rewewwei ............ ..... ...... ........... FINISH FLOOR.. 0'_0., r SOUTH ELEVATION ee. FINIQH FLOOR_ 0I ll' -0” NORTH SIDE ELEVATION IT, I ROOT HEIGHT 23 52111 Q m, pugrcm�m�m�n�n�nn�m�mn�m�m�p pNR NANBq� m�I�p�ugm;Imt�h T 0 TIE BEAM. 201-0" NNNNNN�IU�1\`1\\I��I�� WI4MttWIWNNWiWNNtlMll41111 NNHNI\g11U1111WIW�MAIWIWNNWWNNWNd�A1111NI\T\VAI'Vi INIWNNWIWNry �.o i __ _______ "_____ _________ ____ __________ SECOND FLOOR 0„ �`.,_ r i FIISH FLOOR 0,- oll WEST ELEVATION ee. FINIQH FLOOR_ 0I ll' -0” NORTH SIDE ELEVATION EXISTING BLDG (A,B) EAST ELEVATION T O.TIE BEAM 20 - 0 SECOND FLOOR A, 11 -0 FINISH FLOUR_ 0--0 T O TIE BEAM 20'-0 SECOND FLOOR o +c ii' -0 ll Zlll.� r FINISH FLOOR EXISTING BLDG (A,B) SOUTH ELEVATION EXHIBIT D Conditions of Approval Project Name: CLM Apartments File number: MSPM 21-002 Reference: 2nd review plans identified as a Maior Site Plan Modification with a September 9 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements at time of Land Development Permit. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at X the Engineering Division of the Public Works Department. Please email mendozapbbfl.us with your request to receive a copy. The City's code of Ordinances can be found: http://library.amlegal.com/nxt/gatewa Jll/Florida/bgynton/boyn on beachfloridacodeofordinances?f=templates fn=default.htm 3.0 vid=amlegal:boyntonbeach fl 2. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to remain on until one hour after closing or 2:00 a.m. whichever is later per (2010 LDR, Chapter 4, Article VII, Section X 3.). Lighting plan does not comply with the minimum average lighting levels. 3. Page C1.2 Section A, please revise to prevent runoff to the adjacent property. Please extend regrading to the new lot boundary, I see a small section of the project still draining to the south property. X 4. Section C- Please continue positive grading to the property boundary as a small area still draining to the north property. x 5. Section D- Please continue positive grading to the property boundary as a small area still draining to the north property. x 6. An approved addressing plan will be required prior to permitting. X 7. Provide concrete a concrete collar around all yard drains. X 8. Please retain the existing sidewalk along SE 31d Street and provide an easement for access to the sidewalk. Provide a X pedestrian connection at SE 20th Ct. Page 675 of 897 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 2 of 5 DEPARTMENTS INCLUDE REJECT 9. A four (4) foot wide sidewalk will be acceptable for the project. x 10. The required Land Development Permit shall include a geotechnical report and a drainage area map. x 11. Please clarify how was the 13.3 -foot berm elevation was determined. Reflect clarification in the drainage calculations. x 12. A 25 -foot wide utility easement along the south property line is required prior to permitting. x FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 13. The applicable park impact fees ($2,712) is due at time of permitting. X PLANNING AND ZONING Comments: 14. Site Plan approval is contingent upon approval of the associated Land Use Map Amendment, Rezoning and Right -of -Way x Abandonment applications. 15. A Unity of Title is required for lots 8,9,10,11,12 and 13 prior to permit approval. Be advised that the City has a Unity of Title application process in place that should be completed prior to recordation with Palm Beach County. Please contact the x Planning and Zoning Division (561-742-6260) to discuss the application process. 16. The segment of S.E. 21s' Avenue (a.k.a. Sunny Oaks Addition, Lot 14) to be abandoned is serving a public purpose as it x Page 676 of 897 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 3 of 5 DEPARTMENTS INCLUDE REJECT provides access to the adjacent property (Crestview Boynton Beach, Lot 31). Be advised that Planning and Zoning approval of this project is contingent upon the construction of an alternate access drive connecting to SE 31d Street prior to recording the ROW abandonment documents with Palm Beach County. Please coordinate the submittal of a Right -of -Way Permit for the required driveway with the City's Engineering Division. 17. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 18. The east property line of the adjacent single-family property to the south (Lot 31) is shown incorrectly on the Site Plan. Please correct the property line on the site plan to be consistent with the X recorded Plat for the Crestwood subdivision (Book 23, Page 154). 19. Please revise the proposed lot size provided on the Property Development Regulations table (0.78 AC) of the Site Plan to include the portion of the ROW to be abandoned (0.78 AC + 0.08 x AC = 0.86 AC total). 20. Please correct proposed square footage of Building C on the Site Plan. x 21. The required covered bicycle rack must support a minimum of five (5) bicycles by its frame. At time of permitting, please provide a color detail of the proposed covered bike rack with dimensions, x colors and materials. 22. The Photometric Plan (A3.0) should be prepared by a licensed engineer. x 23. Please revise the Luminaire Schedule and Calculation Summary tables on the Photometric Plan (A3.0) to be consistent with the X proposed lighting levels. 24. The Photometric Plan should include the footcandle spot readings along the walkways. x 25. Per code, off-street light fixtures shall not illuminate any vertical or horizontal surface on adjacent property or rights-of-way at a level greater than 0.3 footcandles. Please reduce the lighting X levels along the interior side property line on the north side of the site to 0.3 footcandles or less. Otherwise, include the adjacent property/ structures on the plan and lighting levels near the Page 677 of 897 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 4 of 5 DEPARTMENTS I INCLUDE REJECT building to show compliance with the above code requirement. 26. Please provide details of the proposed pole mounted light fixtures with manufacturer specifications. Ensure the proposed light fixtures are baffled, shielded, screened, or recessed to X prevent visibility of the lit portion of the fixture from off the premises. 27. Be advised that sod is only permitted within open -play recreational areas, as well as areas used principally for drainage and storm water retention. Please remove the unnecessary sod x shown on the Planting Plan (L-2). 28. The required six (6) foot tall landscape buffer wall should include a continuous hedge planted between the wall and property line. x 29. The landscape buffer and strip on the southeast side of the property is encroaching into the right-of-way — the triangular area of the existing ROW labeled as Less and Except. Please revise the landscape plan to depict the vegetation entirely inside the X property and along the diagonal property line. 30. The Planting Plan (L-2) shows a Cocoplum hedge overlapping the parking lot area on the north side of Building A. Either, increase the width of the foundation planting area to provide X sufficient space for the Cocoplum hedge to grow or remove the hedge. 31. Per code, walls shall be designed in an architectural style consistent with the principal structure(s) incorporating the dominant exterior material(s), colors, and finishes of that structure. At time of permitting, please provide a detail and x elevation of the decorative buffer wall showing the proposed materials and color(s) specifications. 32. The Site Plan (SP -1) shows a walkway southeast of Building A that connects to the existing sidewalk. This walkway connection is not depicted on the Planting Plan (L-2). Please correct the X drawings to be consistent. Please ensure both plans are consistent. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Page 678 of 897 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 5 of 5 DEPARTMENTS INCLUDE REJECT Comments: None Recommended CITY COMMISSION CONDITIONS Comments: To be Determined ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\MSPM 21-002 COA.doc Page 679 of 897 Public Hearing 12/7/2021 Requested Action by Commission: Proposed Ordinance 21-030 - Second Reading - Approve Ordinance amending Chapter 2. "Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is hereby deleted in it's entirety and replaced with a new Section 2-56(c) to amend the process to dispose of City -owned real property. Explanation of Request: During the City Commission meeting of September 21, 2021, the City Commission was presented with and discussed two options for the process to dispose of City -owned real property. It was the consensus of the Commission that Option 2 be used to draft an Ordinance which will provide for a well defined and transparent process to dispose of city -owned property. 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 Ordlilr:alr CE) RE)Vi E> ,d Ordlilr:alr C2, approviIr:c h�a 1['1gEss taxa � a�: dlis c.:sitioin of Ir'Esal raa E)irt>E)CtiO111 of th E) CodE) U1['1LAtE)S lf flh E) w: E)sPt slr��lbE)r 2f, 2021 Cityy ililr:�.aif�s�> a�a Coirnirnlla:zW:zlloin 6a:zQ":L.11a:zW:zlloin oln a ind dlla:zpQ.'.Da:zlltlloin Page 680 of 897 I ORDINANCE NO. 21 - 030 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 4 CHAPTER 2. "ADMINISTRATION", ARTICLE IV, ENTITLED "PURCHASING 5 & CONSULTANTS", SECTION 2-56(C) IS HEREBY DELETED IN IT'S 6 ENTIRETY AND REPLACED WITH A NEW SECTION 2-56(C) TO AMEND THE 7 PROCESS TO DISPOSE OF CITY OWNED REAL PROPERTY; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the procedures set forth in the ordinance provide greater transparency to 11 the transfer of property and are intended to avoid any appearance of favoritism or undue 12 influence in opportunities to acquire City property and will also provide the added opportunity 13 for public input prior to a transfer; and 14 15 WHEREAS, more detailed procedures for the disposition of City owned property will 16 provide for more competitive opportunities for interested parties to acquire City property; and 17 18 WHEREAS, City Commission finds it is in the best interest of the public to set forth 19 more detailed procedures for the disposition of public property. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and 24 incorporated herein by this reference. 25 Section 2. That Chapter 2, Article IV, entitled "Purchasing & Consultants", Section 26 2-56(c) is hereby amended by adding the words and figures in underlined type, and by deleting 27 the words and figures in struck -through type, as follows: 28 Sec. 2-56 (c) Disposition of City -owned Real property. 29 30 interest of the city. With regard te the sale ef aRy real estate ewRed by the city whic-h has aR 31 32 33 34 . 35 The s_;41eQ of real preperty felr less. than the fair rnark.et val-He shall require the appreval by a vete 37 (1) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap 38 any real property, improved or unimproved, now owned or hereafter acquired by or owned by 39 the city, as provided herein. These procedures supplement any other procedures that may 40 now or in the future be applicable as provided by law or regulation. S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -1- Page 681 of 897 41 (2) Disposal of property which is sufficient in size and of such character as to comprise an 42 independent building site and which will involve a conveyance of the city's fee simple interest. 43 These parcels typically enioy access to a public right-of-way, and are developable as building sites. 44 (a) Resolution declaring surplus. Before any improved or unimproved property owned by the 45 city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body 46 shall adopt a resolution declaring same surplus. 47 (b) Determination concerninq surplus. 48 a. The city governing body shall review and consider the following: 49 1. The legal description (by reference to a recorded plat or government survey); 50 2. The property address by street number, if there be any; 51 3. A description of all improvements located upon the land; 52 4. How said land has been used since same has belonged to the city; 53 5. The current use of the property; 54 6. How the property was acquired and financed; 55 7. The needs of the city; 56 8. Whether disposal is consistent with the city comprehensive plan; 57 9. The estimated property value; 58 10. Any relevant property history; 59 11. The property's title; and 60 12. Whether the disposal of the property is precluded by grant provisions of other 61 agencies. 62 (c) Public hearing. The city governing body shall hold one (1) public hearingprior to adopting 63 a resolution declaring property as surplus. An advertisement for such public hearing shall 64 appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. 65 The advertisement will contain the resolution title and the date, time and place of the hearing. 66 The city clerk shall advertise the proposed resolution for public hearing by placing it on the city 67 council agenda and posting such agenda at least three (3) business days prior to the city 68 council meeting. 69 (d) When appraisals are needed. 70 a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 71 subsection (b) must be appraised by two (2) independent appraisers, who are designated 72 members of the Appraisal Institute, if the property is estimated to have a value that 73 exceeds one million dollars ($1,000,000.00). 74 b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 75 subsection (b) must be appraised by one (1) independent appraiser, who is designated 76 member of the Appraisal Institute, if the property is estimated to have a value between 77 fi.vaone hundred thousand dollars ($5100,000.00) and one million dollars 78 ($1,000,000.00). 79 c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 80 subsection (b) with an estimated value below #vaone hundred thousand dollars ........................................... 81 La I..00,000.00) shall not require an appraisal. 82 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 83 1. Where the city acquired the property from Palm Beach County as a result of the tax 84 sale process and is returning such asset to the former owner or its successors and 85 assigns; S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx - 2 - Page 682 of 897 86 2. Where the citv transfers the orooertv to another aovernmental entitv or aaencv: or 87 3. Where the city is exchanging such real Property with the private sector for a 88 replacement parcel determined by the city governing body to have similar utility and 89 where the public interests would be served. 90 (e) Methods of disposal. 91 a. Methods. The city may dispose of Property pursuant to this subsection (b) utilizing the 92 following methods: negotiation, trade with other governmental entities or agencies, 93 request for letters of intent, sealed bids, or request for proposals. The city may retain 94 professional real estate services to aid in the disposal of Property. 95 1. Negotiation. The city may negotiate the sale of real Property with a particular person 96 or entity, and no further advertising will be needed to effect a transfer. 97 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no 98 more than ninety (90) days after adoption of resolution declaring the Property 99 surplus, the land may be offered for public disposition, and a notice shall be 100 published by the city in a newspaper of general circulation in the city once not less 101 than ten (10) days before sealed bids, letters of intent, or proposals are due. The 102 notice shall state, at a minimum, the date when sealed bids, letters of intent, or 103 proposals shall be received and whether the sale is with or without reservation. 104 Sealed bids, letters of intent, and proposals shall be received accompanied by 105 cashier's checks or certified checks payable to the city in an amount equal to at least 106 ten (10) percent of the disposition price. 107 3. Transfer to governmental agencies. The city may sell or transfer any of its propertv 108 to any other governmental agency, if the city governing body determines that: 109 i. A transfer of the Property to the other governmental agency shall provide a 110 benefit to the citv: and 111 ii. That the terms received by the citv are fair and eauitable 112 4. Land swap with any private or public land owner provided the properties are 113 appraised at substantially the same value. In determining substantial value the City may 114 take into consideration the potential increase in value following the swap. 115 (f) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as 116 authorized in this subsection (b), shall be deposited in the general fund of the city, or such 117 other fund or account of the city as is determined by the finance director. 118 (q) Conveyance. In order to convey Property pursuant to this subsection (b) the city governing 119 body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding 120 anything possibly to the contrary, the city may refect any and all offers, bids, letters of intent, 121 or proposals, or terminate negotiations at any time and choose not to dispose of Property, and 122 nothina shall obliaate the citv aovernina bodv to adopt anv necessary resolution. 123 124 125 Section 3. Each and every other provision of Chapter 2, not herein specifically 126 amended shall remain in full force and effect as previously enacted. 127 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 128 same are hereby repealed. S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -3- Page 683 of 897 129 Section 5. Should any section or provision of this ordinance or portion hereof, any 130 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 131 such decision shall not affect the remainder of this ordinance. 132 Section 6. Authority is hereby granted to codify said ordinance. 133 Section 7. This ordinance shall become effective immediately. 134 FIRST READING this 16th day of November, 2021. 135 136 SECOND, FINAL READING AND PASSAGE this __ day of 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 ATTEST: 153 154 155 Crystal Gibson, MMC 156 City Clerk 157 158 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C))(2nd Reading) - Ordinance.Docx -4- , 2021. YES NO Page 684 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant replied if employees are vaccinated by the date in question. The cost for 600 employees already vaccinated would be $300,000. He stated no one would sign a Collective Bargaining Agreement stating that people who took the incentive to already get the vaccine were denied the financial incentive that people who have waited will receive. Mr. Mignoli commented that many Firefighters and Police do not want the vaccine and do not want to wear masks. It is believed this incentive is going to get all the Firefighters and their Unions to line up and get a vaccine when they have already been exposing the public for over a year. He questioned if the taxpayers were paying the $500. Mayor Grant stated the Federal Government provided Covid Relief Funds and this is an acceptable use as defined by the Federal Government and Congress; whether people get the vaccine or not is their prerogative, they are incentivizing people to get it. Mr. Mignoli questioned if this Federal money is allotted for employees only or if it could be for anyone in Boynton Beach. Mayor Grant said he was trying to have a $100,000 raffle for everyone who has already gotten the vaccine; however, they need two other Commissioners to agree to that. He feels everyone in the City of Boynton Beach should be entitled to some funds for getting a vaccine. Mr. Mignoli, as a taxpayer, would say that the $400,000 should not go to any employees in the City, they already have a good job. He suggested giving the money to the 17% of Boynton Beach, which is almost 18,000 people, who live under poverty level. Commissioner Katz stated there was a program this past weekend. Motion A motion was moved and duly seconded to approve the use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500 to each City employee who is fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000. Motion passed unanimously. C. Discussion on amending the disposition process for Real Property owned by the City. Andrew Mack, Assistant City Manager of Public Services, stated that the City Attorney and he came up with two options. Option 1 edits were not part of the backup unfortunately, so handouts were distributed. Option 1 would change existing language to add verbiage that would require the City to declare the property surplus and then move forward with a request proposal, notifying the public that there is surplus property they are seeking to sell. 24 Page 685 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 The second option, which is more detailed, along the same lines of declaring the property a surplus and then there are options on how to deal with the property. The following options were highlighted: • Specific language helps declare when a property is surplus. • A public hearing would be required and how they dispose of it as well. • When appraisals would be required. • The method of disposal. This would give an option, if they had a Letter of Intent or an offer on the property, to advise them to negotiate it with a particular vendor or buyer or tell them to do sealed bids. • There would be an option to transfer to governmental agencies or the potential to do a land swap. • How proceeds from the transfer would be handled. Mr. Mack indicated that the intent was to make sure when they get a property that they are bringing it to the public so there is a fair way to bid, and they are making decisions as they bring all the items back. Mayor Grant was excited they were planning something because there is some vacant land. He did not think creating language that was not necessarily part of the Developer Agreement was making them developer friendly and questioned if the language was able to be changed to a Developer's Agreement. City Attorney Cherof stated there was an item on the agenda about Developer Agreements, which was intended to cover the disposition of all or any City -owned real estate. Mayor Grant stated this is 11 C and then there is 12A. Mr. Mack advised they were looking for direction to determine if the Commission wanted a simple edit, which was adding it to the process and when there is an offer it goes straight to an RFP or if they wanted a more ala cart style of ordinance. Both require them to bring the ordinance back to the Commission. Commissioner Penserga commented that to be clear, this would not make it final today. He was more in favor of "Option 2" with more details and more of a clear process. This conversation started because of prior events, and he questioned how that might change with this kind of language in place. He also questioned if a case study could be done. Mr. Mack mentioned the last example, which was the area off Nichols Boulevard. They received an LOI or an offer, which was brought back to the Commission, which was authorized to move forward with the Purchase and Sale Agreement. As part of that process, they brought it back to the Commission to execute the agreement and during that process, at the last minute, an offer was received from someone else. By using "Option 2" or "Option 1", he thought either one would accomplish the same thing, "Option 25 Page 686 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 2" would give more options how to deal with it. Mayor Grant said this would basically say there would be no land surplus to the City unless it is declared. It was questioned if the City currently has any land that is declared surplus. City Attorney Cherof clarified it would be until the City Commission declares it. Mayor Grant stated they have not declared any land surplus, but in the past they did. Previously, four parcels were declared surplus for the purpose of soliciting equipment and they brought it back to dispose of. They want to make sure there are no surplus plans and then anyone else who would like the plan would have to declare surplus before any kind of ala cart options move forward. Mr. Mack believed that was the intent when this was written; when they get something, they want to dispose of, first it must be declared surplus, and then they can move through the process, whether it is through negotiations or a land swap. He noted the smaller version is a little tighter and the second version gives more flexibility, but it will provide a well-defined process as a part of that disposition. If they could get a consensus for "Option 2", he will work City Attorney Cherof and they will bring back an ordinance. Commissioner Penserga mentioned Methods of Disposal, Section 5, and noted that it was not clear to him at which point one is triggered over the other or if that was intentional. It was noted that surplus today might not have been considered surplus a year ago. Mr. Mack explained it was intended to be open because many times a piece of property may not be thought about as surplus, but when someone drives by, they may see it and start the process by contacting the City to see if they would be prepared to sell it. The first section allows for a variety of methods to start the process as opposed to the City Commission directly Administration to provide a survey of all City -owned property and then going through them one by one to determine whether they are surplus or not. The benefit of what they have had for some time has been the relative ease in which the City could dispose of real property. That was triggered by the fact that before the rules were changed, it was hard to do. Currently, it is relatively easy to sell property when comparing their process to other municipalities and it could be said that has stimulated some of the growth of the City, but no one has ever surveyed that. Commissioner Romelus questioned if that helps alleviate or impede. Mr. Mack thought it would help. If he were a potential buyer, he would want to know there is a defined process, he would not want to invest money in creating drawings, sketches, and due diligence, and then someone beats him by $500. The timeframes could be tweaked to help make sure they are helping developers expedite. Commissioner Romelus questioned if the due diligence has been done to see what the 26 Page 687 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 community thinks. Mr. Mack stated they have not done due diligence; this is something that could be done since it does not have to be brought back right away. They could speak to a few developers and let them review it and once it is in the proper format it could be put out for consumption. Commissioner Romelus was in no rush; as a government they have so much red tape bureaucracy that is inadvertently in place that prevents individuals and the public from understanding what they do, how they do it, and why they do it, so it makes their job more difficult. Currently, sales are relatively easy without implementation. City Attorney Cherof indicated that he put it into two categories over time and the City Commissioners decided they did not want to be developer friendly, which was well in the past. Currently, the Commission has been somewhat developer friendly, so the rules are somewhat easy to clear. We talking about developers here, there are other people who buy properties who are not developers. Commissioner Romelus would shop this around to make sure they are not creating any inadvertent hurdles for their "developer friends" before taking a final option. City Attorney Cherof mentioned that a discussion to argue might be why the City owns real property they are not doing anything with and what the long-range goal is for dealing with the property. He questioned if the property was a land bank for some future use or to hold and drive up the value of property generally over time. He did not think there was ever a real discussion during any Commission he has sat through that talked about why they have real property and what they want to do with it. Commissioner Romelus thought the intention of any property they have would be that it ultimately be developed to provide taxable value for the City, whether it is in the form of being developed or if it serves a function of park land that benefits developed areas around it. The City is in the business of serving residents of the community. Commissioner Penserga wanted to share that he was in support of "Option 2". Based on his reading of "Option 2", he sees nothing that would impede development or redevelopment. In general, having a process provides clarity and if anything, that should support development and redevelopment. From his understanding, getting appraisals and Letters of Intent are standard. He agreed with Commissioner Romelus about getting input and shopping around. He wants to be careful that they do not let them dictate. this is about protecting the City and the City's interests, so there is a clear process, but not one that is overly in favor. They want to be open for business, but to create a fair and reasonable process. He continued support for "Option 2" and he was open to getting more improvements. Mr. Mack thanked Commissioner Penserga for recognizing that "Option 2" is drastic in a 27 Page 688 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 neutral fashion. Commissioner Penserga wanted to come back to City Attorney Cherof regarding the question he asked earlier. He questioned if there were one or more interested parties if they would all be negotiated during the Commission meeting, and he wanted to know the cut off. They do not want to have a free for all where everyone is negotiating on the spot with every detail. There was a consensus by the Commission to go with "Option 2" and for staff to move forward with writing the ordinance and public input could be given during the First and Second Readings of the Ordinance. Commissioner Romelus stated that as government officials, having different perspectives to weigh in could potentially allow them to see blind spots they are not currently seeing. She did not have a disagreement whether they move forward with the process, but she always wants to try to think of things when they are creating different policies, that they are not just doing it with their own government hats in place; they try to consider how it is perceived. Mayor Grant indicated that the aspect is for someone to move forward, a future City Commission would have to declare land as surplus. City Attorney Cherof commented that at some point of the process that is correct. Mayor Grant questioned if the declaration is accepted before or after the Letter of Intent is accepted. City Attorney Cherof replied it would be before. Mayor Grant advised that the key point was that a Letter of Intent is not needed to declare land a surplus; however, they are not going to declare land a surplus because someone wants it. They must explain in detail and if that is the case, a Letter of Intent can be required. Vice Mayor Hay questioned at what point a date is given after the Letter of Intent has been accepted. City Attorney Cherof explained that the Commission would want to make the determination of surplus before accepting a Letter of Intent. A Letter of Intent might be entertained, but the Commission would have to bind themselves in a future transaction without making an evaluation of whether the land is surplus. He thought about adding details about what comes to surplus property, but thinking back over the years, the City Commission is in the best position to make that determination on a case-by-case basis, taking into consideration the information they have and the kind of context they get from constituents, the public, and whoever else is interested in the property. He thinks once 28 Page 689 of 897 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the City Commission conducts a discussion as to whether a property is surplus or not, the outcome would be correct. The Commission does not need the City Administration to tell them something is surplus, they are able to make that determination, although they could put that Administration would be important. 12. Legal A. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. City Attorney Cherof read Ordinance No. 21-025. Commissioner Penserga commented there are several blanks and he assumed they were for discussion. Mayor Grant questioned if the Commission wanted to go over each blank. Commissioner Penserga referenced Page 6, Paragraph D, that is a blank on formatting the number of the sections and that would be filled in as they go forward. On Page 7 the first sentence is blank and that is the trigger for reversion after Commencement of Construction. The expectation would be that would be a more limited light of reversion, but it would still be triggered by something. The Commission does not want someone making a significant investment in a property and finding out that it is subject to reversion. The reason is because development is unlikely if someone was going to have to take that kind of risk. He did not know the number and thought that might be some additional input the Administration Development might want to weigh in on. The bottom of Page 7, last paragraph, which is a payment the developer would agree to make up front to the City for past and future damages arising from the developer's breach of agreement. It may be a complete deterrent to development and if the number is too high it might be a reasonable risk that a developer may take knowing it would be an easy out from the project and simply to pay the money and move on. Commissioner Penserga questioned if that number was something the Development Department determine. City Attorney Cherof replied yes and thought they need that input. They have much more experience of communications with the development community; they get paid back from developers directly and indirectly through the planners and other representatives. It is all vetted in the process of someone exploring what they might want to develop, what it might cost, and what a list of benefits would be. Mayor Grant questioned what future development projects the City has. When he got on the Board, Downtown was a big development project, and he does not necessarily know 29 Page 690 of 897 8.E. Public Hearing 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-175 - Adopt the City's intent to use the uniform method for the levy and collection of a non -ad valorem special assessment for canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. Explanation of Request: On September 8, 2021, the City Commission adopted Resolution No. R21-118 to approved the assessed cost and assessment rates for canal maintenance services for the fiscal year beginning October 1, 2021, imposing canal maintenance services special assessment against assessed properties that would receive canal maintenance services located within the Lake Shore Haven and Lake Eden subdivisions of the City. This year, the City is collecting the canal maintenance assessment using its own billing and collection methods. Collecting the canal maintenance special assessment on the annual tax bill, as is currently done for the City's Fire Assessment, is a more efficient means of collecting the assessment. In order to do so, and to collect the canal maintenance assessment for the Fiscal Year commencing in October 2022, the City must adopt an Intent Resolution prior to January 1, 2022, at a public hearing for which 4 weeks published notice was provided. On November 9, 16, 23 and 30 of 2021 the City published in the Palm Beach Post a "Notice of Intent to use uniform method for the collection of a non -ad valorem tax assessment for canal maintenance services". All notices provided the time, date and place of this "Public Hearing" that the Commission would consider the adoption of the Intent Resolution. The proposed canal aquatic management special assessment will be levied on a limited number of waterfront properties that will receive special benefits from the canal aquatic management services to be provided by the City and funded by the special assessment. See Lake Shore Haven & Lake Eden attached map. How will this affect city programs or services? The special assessment addresses algae and aquatic weed overgrowth issues resulting in an improved level of service to the neighborhoods to reduce waterway clogging with vegetation and decaying algae and provide improved storm water drainage and vessel movement. Fiscal Impact: Funds are approved in the Utilities Operations budget. Alternatives: Not to approve the proposed resolution and continue to collect the canal maintenance special assessment by City issued invoices. Strategic Plan: Strategic Plan Application: Page 691 of 897 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()ll LA ti 0 111 D Exhibit D Exhibit D D ings Description RE)SO ll LA ti 0111 ExhibitA I E�IgallIi: E)SCriptioin Exhibit IB Proof of NotiCE) 1.....a kE) Shoir'E) Il llavein & I akE) EdENI'l li ap Page 692 of 897 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, SETTING FORTH THE CITY'S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY AND COLLECTION OF A NON -AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED UPON CERTAIN REAL PROPERTIES LYING WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO, TO RECOVER THE COSTS ASSOCIATED WITH CITY'S CANAL MAINTENANCE SERVICES; STATING A NEED FOR SUCH LEVY; PROVIDING THAT A COPY OF THIS RESOLUTION SHALL BE FORWARDED TO THE PROPERTY APPRAISER, TAX COLLECTOR AND THE FLORIDA DEPARTMENT OF REVENUE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida (the "City") intends to utilize the Uniform Method for the levy, collection, and enforcement of a non -ad valorem special assessment ("Uniform Method") to recover the costs associated with the City's canal maintenance services, commencing with the Fiscal Year starting on October 1, 2022; and WHEREAS, in accordance with Section 197.3632(3)(a), Florida Statutes, the City advertised its intent to use the Uniform Method for the collection of the assessment weekly in a newspaper of general circulation for four (4) consecutive weeks preceding the public hearing held the day hereof. Proof of publication of such hearing being attached hereto as Exhibit "B"; and WHEREAS, the City Commission held a duly -advertised public hearing prior to the adoption of this Resolution; and WHEREAS, pursuant to Section 197.3632, Florida Statutes, as amended, the City Commission of the City of Boynton Beach desires to set forth its intent to use the Uniform Method to recover the costs associated with the City's canal maintenance special assessment, located within the municipal boundaries of the City more particularly described in Exhibit "A," attached hereto 100479390.1306-99055521 Page 693 of 897 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 and incorporated herein, because this method provides an economical and efficient process for such special assessments to be collected annually, commencing in October 2022; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, directs the City Clerk to provide copies of this Resolution to the Palm Beach County Property Appraiser, Palm Beach County Tax Collector and the Florida Department of Revenue on or prior to January 10, 2022; and WHEREAS, the City Commission determines that utilizing a non -ad valorem special assessment, as detailed herein, is in the best interests of the citizens and residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. Beginning with the Fiscal Year commencing on October 1, 2022, and with the tax statement mailed for such Fiscal Year, the City intends to use the Uniform Method authorized in Section 197.3632, Florida Statutes, as amended, to levy, collect, and enforce a non -ad valorem special assessment to recover the costs associated with the City's canal maintenance special assessments, within the municipal boundaries of City, more particularly described in Exhibit "A," attached hereto and made a part hereof. Section 3. The City hereby determines that the levy of the assessments is needed to recover the costs associated with the City's canal maintenance special assessment, and the Uniform Method provides an efficient method of collecting the special assessments. Section 4. Upon adoption, the City Clerk is hereby directed to send a copy of this Resolution by United States mail, certified return receipt requested, to the Florida Department of Revenue, the Palm Beach County Tax Collector, and the Palm Beach County Property Appraiser by 100479390.1306-99055521 Page 2 of 5 Page 694 of 897 56 January 10, 2022. 57 Section 5. All resolutions or parts of resolutions in conflict herewith are hereby 58 repealed to the extent of such conflict. 59 Section 6. If any clause, section, other part or application of this Resolution is held by 60 any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall 61 not affect the validity of the remaining portions or applications of this Resolution. 62 Section 7. This Resolution shall become effective immediately upon its passage 63 and adoption. 64 PASSED AND ADOPTED this 7th day of December, 2021 65 CITY OF BOYNTON BEACH, FLORIDA 66 YES NO 67 68 Mayor — Steven B. Grant 69 70 Vice Mayor — Woodrow L. Hay 71 72 Commissioner — Justin Katz 73 74 Commissioner — Christina L. Romelus 75 76 Commissioner — Ty Penserga 77 78 VOTE 79 ATTEST: 80 81 82 Crystal Gibson, MMC 83 City Clerk 84 85 86 (Corporate Seal) 87 88 89 100479390.1306-99055521 Page 3 of 5 Page 695 of 897 EXHIBIT "A" MAP/LEGAL DESCRIPTION OF BOUNDARIES OF THE CITY OF BOYNTON BEACH {00479390.1 306-99055521 Page 4 of 5 Page 696 of 897 EXHIBIT "B" PROOF OF PUBLICATION [TO BE INSERTED UPON RECEIPT] {00479390.1 306-99055521 Page 5 of 5 Page 697 of 897 EXHIBIT 'A' CITY OF BOYNTON BEACH CORPORATE BOUNDARY LEGAL DESCRIPTION (thm January, 2007 Annexation Petitions) January 18, 2008 (Updated August 20, 2008) (Updated May 12, 2011) (Updated March 12, 2013) BEGINNING at a point in the boundary line of the Corporate Limits of the City of Boynton Beach as set forth in Chapter 68-81, Laws of Florida Extraordinary Session 1968, as shown by the records of the office of the Secretary of State of the State of Florida, said point being the intersection of the Westerly extension of the South line of Lot 10, as shown on the plat of BENSON BROTHERS SUBDIVISION, as shown on the plat thereof and recorded in Plat Book 5, Page 27, Public Records of Palm Beach County, Florida, and the centerline of the Intracoastal Waterway; thence Southerly along the said centerline of the Intracoastal Waterway to its intersection with the South line extension Eastward of Tract "C" as shown on the plat of ESTANCIA AT BOYNTON BEACH PUD, as recorded in Plat Book 108, Page 25, Public Records of Palm Beach County, Florida; thence Westerly along the South record plat line of ESTANCIA AT BOYNTON BEACH PUD to a point on the Easterly right-of-way line of U.S. Highway One (S.R. 5) as currently laid out and in use, according to Road Plat Book 2, Page 158, Public Records of Palm Beach County, Florida; thence Southerly along said East right-of-way line of U.S. Highway One, a distance of 64.5 feet, more or less, to a point at the Southwest comer of Bamboo Lane and its ingress-egress/utility easement as recorded in ORB 14728, Page 512 and ORB 14834, Page 921 respectively, Public Records of Palm Beach County, Florida; thence Easterly along said South line of Bamboo Lane ingress-egress/utility easement, a distance of 169 feet, more or less, to a point; thence Southerly along a line parallel with the East right-of- way line of U.S. Highway One, a distance of 70 feet, more or less, to a point; thence Westerly, parallel with the North line of Section 4, Township 46 South, Range 43 East, a distance of 150 feet, more or less, to the said East right-of-way line of U.S. Highway One; thence Southerly along said East right-of-way line of U.S. Highway One to the Northwest comer of the plat of WATERSIDE VILLAGE PUD, as recorded in Plat Book 106, Page 195, Public Records of Palm Beach County, Florida; thence Easterly, Northerly, Easterly, Southerly, and Easterly along the North plat line to the West right-of-way line of Intracoastal Waterway; thence Southerly along said Westerly right-of-way line of the plat WATERSIDE VILLAGE PUD at the Southeast comer; thence Westerly, Southerly and Westerly along the South plat line to the East right-of- way line of U.S. Highway One (S.R. 5) as currently laid out and in use; thence Southerly along said East right-of-way line of U.S. Highway One to its intersection with the North line of Lot 8 less the West 17 feet for road right-of-way, of KING'S SUBDIVISION, {00479750.] 306-9905552} Page I of I I pages Page 698 of 897 as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; thence Easterly along the North property line of Lot 8 to the Northeast corner thereof, thence Southerly along East property line of Lot 8 to the Southeast corner thereof; thence Westerly along the South property line of Lot 8 to the said East right-of-way line of U.S. Highway One; thence Southerly along said East right-of-way line of U.S. Highway One to the Northwest corner of Lot 3, according to the plat of KING'S SUBDIVISION, as noted previously; thence Easterly along the North property line of said Lot 3, to the Northeast corner thereof, thence Southerly along the East line of Lots 3, 2, 1, 1-A, and that part of Lot "C" excepting the following part of said Lot "C": [Beginning at the Southwest corner of said Lot "C", and thence running North along the West line thereof, a distance of 80 feet; thence Easterly in a straight line to the Southeast corner of said Lot "C"]; thence running West along the South line of said Lot "C" to the this Point of Beginning; further less and except the Westerly 17 feet for road right-of-way; thence Southerly along the said Easterly right-of-way line of U.S. Highway One to its intersection with the Southeast corner of Lot "A", as shown on the plat of KING'S SUBDIVISION, as recorded in Plat Book 20, Page 47, Public Records of Palm Beach County, Florida; thence Easterly along the South line of said Lot "A" to its Northeast corner, said corner being on the West line of TRADE WINDS ESTATES, FIRST ADDITION, according to the plat thereof as recorded in Plat Book 22, Page 44, Public Records of Palm Beach County, Florida; thence Southerly along the West line of said TRADE WINDS ESTATES, FIRST ADDITION, a distance of 50 feet to a point, said point being also the Southeast corner of the "Not Included" parcel adjacent to said Lot "A", as shown on said KING'S SUBDIVISION, thence Westerly along said South 50 foot line to the Easterly right-of-way line of South Federal Highway (U.S. #1) as currently laid out and in use; thence Southerly along the said Easterly right-of-way line of U.S. Highway One to its intersection with the North point of Lot 24, according to the plat of DELRAY BEACH ESTATES, as recorded in Plat Book 21, Page 13, Public Records of Palm Beach County, Florida; thence Southerly along the East line of said DELRAY BEACH ESTATES, to the Southeast corner of Lot 25 of said DELRAY BEACH ESTATES; thence continue Northwesterly along the South line of said Lot 25, along an Easterly projection of the South line of Lot 20 and along said South line of Lot 20, DELRAY BEACH ESTATES, to the Southwest corner of said Lot 20; thence along a Northwesterly projection of said South line of Lot 20 to a point of intersection with the West line of the Florida East Coast Railroad right-of-way; thence Northerly along the West line of the F.E.C. Railroad Company's right-of-way to the intersection of the East and West quarter -section line of said Section 4, being also the centerline of Gulfstream Boulevard and the city's southern corporate limits with the City of Delray Beach; thence run Westerly along the said centerline of Gulfstream Boulevard and along the Southern subdivision line of the HILLS AT LAKE EDEN, PUD as recorded in Plat Book 79, Page 89, according to the Public Records of Palm Beach County, Florida, to the centerline of Swinton Avenue; thence run Southerly along the centerline of Swinton Avenue to the Easterly extension of the South line of the plat of LAKE EDEN SUBDIVISON PLAT NO. 4, as recorded in Plat Book 30, Page 122, Public Records of Palm Beach County, Florida and the North corporate limits of the City of Delray Beach; thence Westerly along the South line of said plat of LAKE EDEN SUBDIVISION PLAT NO. 4, to the Easterly right-of-way line of the Lake Worth Drainage District (LWDD) Equalization (E) -4 Canal; thence run Southwesterly along the said (00479750.1306-9905552) Page 2 of I1 pages Page 699 of 897 LWDD E-4 Canal right-of-way line to the Easterly line of Lot 13 as shown on the plat of LAKE EDEN SUBDIVISON PLAT NO. 2, as recorded in Plat Book 29, Page 53, Public Records of Palm Beach County, Florida; thence run Southeasterly to the `Not Included' parcel as shown on said plat of LAKE EDEN SUBDIVISION PLAT NO. 2; thence run Northeasterly, Southeasterly and Southwesterly along the property line of said `Not Included' parcel to the Northeasterly corner of Lot 12 as shown on said plat of LAKE EDEN SUBDIVISION PLAT NO. 2; thence Southeasterly along the Easterly property line of said Lot 12, Lot 11 and Lot 10 to the centerline of said LWDD E-4 Canal as currently laid our and in use; thence Southwesterly along the centerline of said LWDD E-4 Canal to the East right-of-way line of Lake Drive; thence South along the said East right-of-way line of said Lake Drive to the North right-of-way of Pine Ridge Road as shown on the plat of LAKE SHORE ESTATES, as recorded in Plat Book 25, Page 26, Public Records of Palm Beach County, Florida (said plat being in the City of Delray Beach); thence West along the North line of Pine Ridge Road a distance of 60 feet to the West right-of- way line of Lake Drive; thence Northerly along the said West right-of-way line of Lake Drive, a distance of 165.21 feet to a point; thence Westerly following the North line of the property shown in ORB 5904, Page 1024, Public Records of Palm Beach County, Florida, said property was de -annexed from the City pursuant to Ord. No. 06-029, to a point on a line extended Northward from the Northwest corner of said plat of LAKE SHORE ESTATES; thence Northerly along the West subdivision line of LAKE SHORE ESTATES; thence North along the West subdivision line of LAKE SHORE ESTATES extension to a point on the Southwesterly property line of Lot 9 as shown on said plat of LAKE EDEN SUBDIVISON PLAT NO. 2; thence Northwesterly along the perimeter of Block 1 (and Lot 9) of said plat of LAKE EDEN SUBDIVISION PLAT NO. 2 to a point that is 63.44 feet Northwesterly of the Southwest corner of Lot 6 of said LAKE EDEN SUBDIVISION PLAT NO. 2; thence Southerly, a distance of 5.28 feet to a point; thence Southwesterly, a distance of 88.24 feet to a point; thence Southerly, a distance of 125.40 feet to a point; thence Westerly, a distance of 275.96 feet to a point; thence Southwesterly, a distance of 137.40 feet to a point; thence Northwesterly, a distance of 93.09 feet (non -radial) to a point on a curve concave to the Northwest having a radius of 106.26 feet and a central angle of 53° 41' 27", a are distance of 99.58 feet to a point; thence Southwesterly, a distance of 90.85 feet to the beginning of a curve concave to the Southeast, having a radius of 67.65 feet and a central angle of 49° 03' 30"; thence along the arc of the curve a distance of 57.92 feet to the point of tangency of said curve; thence Southerly, a distance of 38.91 feet to a point; thence Southeasterly, a distance of 162.57 feet to a point; thence Southwesterly, a distance of 138.00 feet to a point, said point being 48 feet North of the North line of the South 1/4 of the South 1/2 of Section 5, Twp. 46 S, Rge. 43 E; thence Westerly parallel with said North line, a distance of 185.00 feet to a point; thence Southwesterly, a distance of 380.00 feet to a point; thence Westerly, a distance of 300.00 feet to a point on the Easterly right-of-way line of Interstate 95 (S.R. 9) as currently laid out and in use; thence Southwesterly along the Easterly right-of-way line of Interstate 95 (S.R. 9) to the Easterly extension of the South right-of-way line of the LWDD Lateral 30 Canal (aka the South Section line of Section 5, Twp. 46 S, Rge. 43 E.); thence Westerly along the said South line of said Section 5 and Section 6, Township 46 South, Range 43 East, of said LWDD Lateral 30 Canal; and continue Westerly along the South line of Section 1, Township 46 South, Range 42 East to a point that is 340 feet, more or less, East of the South quarter -corner of said Section 1, Township 46 South, Range 42 East; (00479750.1 306-9905552) Page 3 of 11 pages Page 700 of 897 thence Northerly along a line parallel with the North - South quarter -section line that is 340 feet, more or less, East of said quarter -section line, a distance of 680 feet, more or less to a point; thence Westerly along a line parallel to the South line of said Section 1, a distance of 340 feet, more or less to said quarter -section line of said Section 1; thence Northerly along said quarter - section line of said Section I to a point on the North line of Section 1, Township 46 South, Range 42 East; thence Easterly along the North line of Section 1, Township 46 South, Range 42 East, and the North line of Section 6, Township 46 South, Range 43 East, to a point that is 2,030 feet, more or less, West of the Northeast comer said Section 6, Township 46 South, Range 43 East; thence Northerly along the West line of the Southeast 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 31, Township 45 South, Range 43 East, a distance of 668 feet, more or less, to a point; thence Easterly along the North line of the Southeast 1/4 of the Southwest '/4of the Southeast 1/4 of said Section 31, a distance of 338 feet, more or less to a point, that said point being also the Southwest comer of the plat of CRANBROOK LAKE ESTATES, as recorded in Plat Book 33, Page 124, Public Records of Palm Beach County, Florida.; thence Northerly along the West line of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of said Section 31, a distance of 668 feet, more or less, to a point; thence Westerly along the North line of the West V2 of the Northeast 1/4 of the Southeast 1/4 of said Section 31, a distance of 337 feet, more or less, to a point on the West line of the East %2 of the Northwest 1/4 of the Southeast 1/4 of said Section 31; thence Northerly along said West line of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 31 a distance of 1,336 feet, more or less, to a point on the North line of the Southeast 1/4 of said Section 31, thence continue Northerly along the West line of the E1/2 of the Northeast 1/4 of said Section 31 to the Southwest comer of Lot 128, according to the plat of QUAIL RUN VILLAS, PUD as recorded in Plat Book 73, Page 18, Public Records of Palm Beach County, Florida; thence continue Northerly along the West plat line to the Southeast comer of Lot 161 of said plat, thence Westerly along the South plat line to the Southwest corner of Tract "L -I" of said plat; thence Northerly along the West line of said plat to a point on the South right-of-way line of Woolbright Road; thence continue Northerly across Woolbright Road to the South quarter -comer of Section 30, Township 45 South, Range 43 East, said quarter -comer being in the LWDD L-26 Canal right-of- way; thence continue Northerly along the quarter section line of Section 30 and the centerline of Knuth Road to the intersection with the Easterly extension of the South line of the plat known as KNUTH ROAD P.C.D. PLAT NO. 1, as recorded in Plat Book 82, Page 45, Public Records of Palm Beach County, Florida; thence Westerly along the South plat line of said KNUTH ROAD P.C.D. PLAT NO. I to the Southwest comer thereof, thence Northerly along the West plat line of said KNUTH ROAD P.C.D. PLAT NO. I to a point on the South right-of-way line of Boynton Beach Boulevard as currently laid out and in use; thence Easterly along said South right-of-way line of Boynton Beach Boulevard, a distance of 280 feet, more or less; thence Northerly crossing Boynton Beach Boulevard and along the West side of an 30 -foot road right- of-way to the North Line of said Section 30, Township 45 South, Range 43 East; thence Easterly along the North Section line of said Section 30 to the North quarter -comer of said section, the same being also the South quarter -section comer of Section 19, Township 45 South, Range 43 East; thence Northerly along the quarter -section line of said Section 19, Township 45 South, Range 43 East (aka centerline of Knuth Road), a distance of 792 feet, more or less, to a point that is the intersection of the North line of the South 130 feet, more or less, of Tract 53 extended Eastward, said Tract is shown on the plat of SUBDIVISION SECTION 19, Township 45 South, (00479750.1306-9905552) Page 4 of 11 pages Page 701 of 897 Range 43 East, as recorded in Plat Book 7, Page 19, Public Records of Palm Beach County, Florida; thence Westerly along said North line of the South 130 feet of said Tract 53, a distance of 328 feet, more or less, to the East line of Tract 54, as shown on said plat of SUBDIVISION SECTION 19; thence Southerly along the East line of said Tract 54, a distance of 130 feet, more or less, to the Southeast corner of said Tract 54; thence Westerly along the south line of Tracts 54, 55 & 56 to the Southwest comer of Tract 56; thence Northerly along the West line of said Tract 56 to the Northwest comer of said Tract 56; thence Easterly along the North line of said Tracts 56, 55, 54 & 53 extending to the centerline of a 30 -foot road (aka the centerline of Knuth Road) and the North — South quarter -section line of said Section 19, Township 45 South, Range 43 East; thence Northerly along said quarter -section line (the same being also the centerline of Javert Street as shown on the plat of WEST BOYNTON PLAT NO. 2B & 2C, as recorded in Plat Book 15, Page 12, Public Records of Palm Beach County, Florida, to its intersection with the North line of the South 1/2 of the Northeast 1/4 of said Section 19, said North line located in the Boynton Canal (SFWMD L-16 Canal); thence Easterly along said North line of the South 1/2 of the Northeast 1/4 of said Section 19 to the Southwest coiner of the Northeast 1/4 of the Northeast 1/4 of said Section 19; thence Northerly along the West line of said Northeast 1/4 of the Northeast 1/4 of said Section 19 to the North line of said Section 19; thence continue Northerly along the West line of the Southeast 1/4 of the Southeast 1/4 of Section 18, Township 45 South, Range 43 East to the South right-of-way line of Gateway Boulevard as currently laid out and in use; thence Westerly along the South right-of- way line of Gateway Boulevard to its intersection with the North — South quarter section line of said Section 18; thence Northerly along said line crossing over Gateway Boulevard to its North right-of-way line; thence Easterly along said North right-of-way of Gateway Boulevard to the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 18; thence Northerly along said West line of the Northeast 1/4 of the Southeast 1/4 of said Section 18 to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of Section 18; thence Westerly along the North line of the Northwest 1/4 of the Southeast 1/4 of said Section 18, said line being also the South line of the Northeast 1/4 of Section 18, to the Southwest corner of said Northeast 1/4 of Section 18; thence Northerly along the West line of the Northeast 1/4 of Section 18, said line being also the West line of the plat of MELEAR, as recorded in Plat Book 86, Page 145, Public Records of Palm Beach County, Florida, a distance of 1,984 feet, more or less, to a point at the intersection of Tract "C" & "D" according to said plat of MELEAR; thence Westerly along the South line of said Tract c4l)" & Tract "C", a distance of 465 feet, more or less, to the Southwest comer of said plat of MELEAR; thence continue Westerly along the Westerly projection of said South line, a distance of 165 feet, more or less, to the East line of the West 1/4 of the North V2 of the Northwest 1/4 of Section 18, said line being also the East line of the plat known as the REPLAT OF THE PLAT OF CITRUS TRAIL, A PUD, as recorded in Plat Book 65, page 151, Public Records of Palm Beach County, Florida; thence Southerly along the East line of the West 3/4 of the North 1/2 of the Northwest 1/4 and the East line of the PLAT OF CITRUS PARK, A PUD, as recorded in Plat Book 74, page 176, Public Records of Palm Beach County, Florida, a distance of 1,315 feet, more or less, to the Southeast comer of said record plat of PLAT OF CITRUS PARK, A PUD; thence Westerly along the South line of the North 1/2 of the South 1/4 of Northwest 1/4 of Section 18, to the East line of the Southwest 1/4 of the Northwest 1/4 of said Section 18, said point being also the Northeast comer of the (Citrus Cove elementary school) School Board of Palm Beach County property; thence Southerly along the East line of the Southwest 1/4 of the Northwest V4 of {00479750.1 306-9905552} Page 5 of I I pages Page 702 of 897 said Section 18 to a point on the East — West quarter -section line of said Section 18; thence Easterly along the East — West quarter -section line to the Northeast comer of the PLAT OF LAWRENCE LAKE, A PUD, as recorded in Plat Book 64, Page 106, Public Records of Palm Beach County, Florida; thence Southerly along the East line of the PLAT OF LAWRENCE LAKE, A PUD, a distance of 496 feet, more or less, to the Southeast corner of said plat; thence Westerly along the South line of the PLAT OF LAWRENCE LAKE, A PUD, a distance of 1, 406 feet, more or less, to the East right-of-way line of Lawrence Road as currently laid out and in use; thence Southerly along the said East right-of-way line of Lawrence Road, to a point of intersection with the Easterly extension of the South line of Tract "C" of the plat of SAUSALITO PLACE, PUD, as recorded in Plat Book 76, page 47, Public Records of Palm Beach County, Florida; thence Westerly across Lawrence Road and along the said South line of said Tract "C", a distance of 712 feet, more or less, to the Southwest corner of Lot 110 of said SAUSALITO PLACE, PUD record plat; thence Southerly along the East line of said plat, a distance of 408 feet, more or less, to the North right-of-way line of Gateway Boulevard (as set forth in Road Plat Book 4, Pages 249-250, Public Record of Palm Beach County, Florida; thence Easterly along said North right-of-way line of Gateway Boulevard, a distance of 632 feet, more or less, to the West right-of-way line of Lawrence Road; thence Southerly along the West right- of-way line of Lawrence Road, a distance of 316 feet, more or less, to the North line of PARRY TRAILER VILLAGE as shown in Assessor Map 37, Public Records of Palm Beach County, Florida; thence Westerly along the North line of said PARRY TRAILER VILLAGE property line to the West line of said PARRY TRAILER VILLAGE and the West line of the Southeast 1/4 of the Southeast 1/4 of Section 13, Township 45 South, Range 42 East; thence Southerly along the West line of said PARRY TRAILER VILLAGE and the West line of PINE GROVE VILLAGE as shown on Assessor Map 7, Public Records of Palm Beach County, Florida (also the West line of the Southeast 1/4 of the Southeast 1/4 of said Section 13) to the South line of said Section 13; thence Westerly along the Southwest 1/4 of the Southeast 1/4 of said Section 13 to the Southwest comer thereof (and the South quarter -comer) of Section 13; thence Northerly along the West line of the Southeast 1/4 of said Section 13 to its Northwest comer; thence continue Northerly along the West line of the Northeast 1/4 of said Section 13, said line being also the centerline of Old Military Trail (fka Sun -up Trail) as recorded in Deed Book 559, Page 123, Public Records of Palm Beach County, Florida, to its intersection with the Westerly extension of the North line of the plat of NAUTICA PUD — PLAT TWO, as recorded in Plat Book 75, Page 33, Public Records of Palm Beach County, Florida; thence Easterly along the North line of said plat of NAUTICA PUD — PLAT TWO, a distance of 1,408 feet, more or less, to the Southwest comer (a PRM) of Lot 64, as shown on the plat of NAUTICA PUD — PLAT ONE, as recorded in Plat Book 74, Page 170, Public Records of Palm Beach County, Florida; thence Northerly along the West line of said NAUTICA PUD — PLAT ONE, a distance of 950 feet, more or less, to the Northeast comer of SUNUP GROVE, as shown on Assessor Map 36, Public Records of Palm Beach County, Florida; thence Westerly along the North line of said SUNUP GROVE to the southeast comer of the plat of SUNSET CAY, as recorded in Plat Book 71, Page 115, Public Records of Palm Beach County, Florida; thence Northerly along the East line of said SUNSET CAY, said line being also the East line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 13, to a point on the North line of Section 13; thence continuing Northerly along the West line of the plat of MANOR FOREST PLAT 4, as recorded in Plat Book 73, Page 194, Public Records of f00479750.1 306-9905552) Page 6 of 11 pages Page 703 of 897 Palm Beach County, Florida, to the Northwest corner of said plat; thence following the plat limit line Easterly to the West right-of-way line of Manor Forest Boulevard, crossing over to the East right-of-way line at the plat limit, then Southerly along said East right-of-way line to Tract "0- 2", continuing along the tract line of Tract "0-2" & "L-2" to the Northwest comer of Tract "L- 1", continuing Eastward to the Northeast comer of said plat, Southerly along the plat line to the right angle at Tract "0-3", and Easterly on the plat line to the Northeast comer of said plat of MANOR FOREST PLAT 4 and the West right-of-way line of Lawrence Road; thence continue Easterly, a distance of 80 feet, more or less, to the East right-of-way line of Lawrence Road; thence Southerly along the East right-of-way line of said Lawrence Road to the South line of Section 7, Township 45 South, Range 43 East; thence Easterly along the said South line of Section 7 to the intersection of the West line of the plat of FOSTERS MILL, A PUD, as recorded in Plat Book 83, Page 139, Public Records of Palm Beach County, Florida, extended Southerly; thence Northerly along said West line of the plat of FOSTERS MILL, A PUD, a distance of 1,335 feet, more or less, to the Southeast comer of the PLAT OF LAWRENCE GROVE, PLAT NO. 1, A PUD, as recorded in Plat Book 60, Page 21, Public Records of Palm Beach County, Florida; thence Westerly along the South line of said PLAT OF LAWRENCE GROVE, PLAT NO. 1, A PUD and extended Westerly to the West right-of-way line of Lawrence Road; thence Northerly along the West right-of-way line of Lawrence Road to the South line of the Northeast comer of Section 12, Township 45 South, Range 42 East; thence Westerly along the South line of the Northeast 1/4 of said Section 12, a distance of 604 feet, more or less, to a point; thence Northerly along the West plat line of PALMYRA ESTATES, PUD, as recorded in Plat Book 104, Page 26, Public Records of Palm Beach County, Florida, to the Northwest comer thereof, thence Easterly along the North plat line, a distance of 604 feet, more or less, to the West right- of-way line of Lawrence Road; thence Northerly along the said West right-of-way line of Lawrence Road to the North line of said Section 12, Township 45 South, Range 42 East; thence continue Northerly to the North right-of-way line of Hypoluxo Road as currently laid out and in use; thence Easterly along the said North right-of-way line of Hypoluxo Road, parallel with Section 7, Township 45 South, Range 43 East to a point; thence continue Easterly along said North right-of-way line of Hypoluxo Road parallel with Section 8, Township 45 South, Range 43 East, a distance of 2,484 feet, more or less, to the intersection with the East line of the plat of BOYNTON LAKES — PLAT NO. 6 (PUD), as recorded in Plat Book 52, Page 109, Public Records of Palm Beach County, Florida extended Northward; thence Southerly along the said extension of the East line of the plat of BOYNTON LAKES — PLAT NO. 6 (PUD) a distance of 1,789 feet, more or less, to the West right-of-way line of the LWDD E-4 Canal (said canal is recorded in O.R.B. 3030, Page 1930, Public Records of Palm Beach County, Florida); thence Northerly along the said West canal right-of-way to its intersection of said North right-of- way line of Hypoluxo Road; thence Easterly along said North right-of-way line of Hypoluxo Road to the intersection with the West line of the plat of HIGH RIDGE SUBDIVISION, as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida extended Northward; thence Southerly along said extension and the West line of the plat of HIGH RIDGE SUBDIVISON, a distance of 3,658 feet, more or less, to the Southwest comer of Lot 32 of said plat; thence Eastward along the South line of said Lot 32, a distance of 486 feet, more or less, to the West right-of-way line of High Ridge Road; thence Northerly along the West right-of-way line of High Ridge Road, a distance of 106 feet, more or less, to a point; thence Easterly across High Ridge Road right-of-way and along the "Not Included" parcel as shown on the plat of (00479750.1306-9905552) Page 7 of 11 pages Page 704 of 897 CEDAR RIDGE, A PUD & HIGH RIDGE COMMERCE PARK A PID, as recorded in Plat Book 46, Page 58, Public Records of Palm Beach County, Florida, a distance of 175 feet, more or less, to the Southwest comer of Lot 9 of said plat; thence Northerly along the West line of said Lot 9, a distance of 160 feet, more or less, to the Northwest comer of said plat; thence Westerly along the extension of the North plat line a distance of 110 feet, more or less, to the East right-of- way line of High Ridge Road; thence Northerly along the East right-of-way line of Highway Ridge Road, a distance of 330 feet, more or less, to the Northwest comer of the Lake Worth Christian School property; then Easterly along the North school property line, a distance of 1,335 feet, more or less, to the East line of the West quarter line of said Section 9, Township 45 South, Range 43 East; thence Northerly along said East line the West quarter line, a distance of 950 feet, more or less, to a point; thence Easterly across the CSX Railroad right-of-way and the Interstate 95 right-of-way to the East line of said Interstate 95 right-of-way; thence Southerly along said East right-of-way line of Interstate 95 to a point that is 196.13 feet North of the Northwest comer of PINE POINT VILLAS CONDOMINIUM, Section "B", said point being also the Northwest comer of a proposed condominium development to be called "Miraflor"; thence Easterly, a distance of 176 feet, more or less, to a point; thence Northerly, a distance of 19 feet, more or less, to a point; thence Easterly, a distance of 149 feet, more or less to a point; thence Northerly, a distance of 12 feet, more or less, to a point; thence Easterly, a distance of 326 feet, more or less, to a point; thence Southerly, a distance of 3 feet, more or less, to a point; thence Easterly, a distance of 34 feet, more or less, to a point; thence Southerly, a distance of 156 feet, more or less, to a point; thence Easterly, a distance of 82 feet, more or less, to a point; thence Northerly, a distance of 93 feet, more or less, to a point; thence Easterly, a distance of 92 feet, more or less, to a point on the West right-of-way line of Seacrest Boulevard; thence Southerly along said West right-of-way line of Seacrest Boulevard, an approximate distance of 31 feet, more or less, to the intersection point with the Westward extension of the centerline of Menton Road; thence Eastward along said extension and the centerline of Mentone Road to the intersection of the most Northern East plat line extension of the plat of ROLLING GREEN RIDGE, as recorded in Plat Book 24, Page 124, Public Records of Palm Beach County, Florida; thence Southerly along said East plat line of said plat of ROLLING GREEN RIDGE, a distance of 683 feet, more or less, to the Northwest comer of Lot 15 of said plat; thence Easterly along the North line of said Lots 15 & 16, a distance of 182 feet, more or less, to the Northeast comer of Lot 16; thence continue Easterly along the North line of Lot 20, according to the PLAT OF RIDGE GROVE ESTATES, as recorded in Plat Book 30, Page 100, Public Records of Palm Beach County, Florida, and the Eastward extension thereof, to the centerline of Grove Road; thence Southerly along the centerline of Grove Road to the centerline of Miner Road, said centerline being also the South line of Section 9, Township 45 South, Range 43 East; thence Easterly along the centerline of Miner Road to the Northwest comer of the East 1/2 of the Northeast comer of the Northeast comer of Section 16, Township 45 S, Range 43 East, Public Records of Palm Beach County, Florida; thence Southerly along the West line of said East Y2 of the Northeast 1/4 of the Northeast 1/4 of said Section 16, said line being also the West line of Quadrille Condominiums as recorded in ORB 3126, Pg. 28, Public Records of Palm Beach County, Florida, to the centerline of Northeast 26th Avenue (fka Breakers Drive); thence Easterly along the centerline of Northeast 26th Avenue and its Eastern extension thereof, said extension crossing the F.E.C. Railroad, U.S. Highway One (S. R. #5), and the North line of that part of the South 150 feet of the North 1,455.5 feet of the Northwest 1/4 of Section 15, Township 45 South, {00479750.1306-9905552) Page 8 of 11. pages Page 705 of 897 Range 43 East (this part being also the proposed North line of a record plat of PENINSULA, A IPUD, to be recorded in Palm Beach County, Florida), to the intersection with the centerline of the Intracoastal Waterway, as currently laid out and in use; thence Southerly along the said centerline of the Intracoastal Waterway to the POINT OF BEGINNING. TOGETHER WITH: 1] (in Section 8, Township 45 South, Range 43 East) All of Lots 7 & 8, according to the plat of HIGH RIDGE SUBDIVISION, as recorded in Plat Book 22, Page 6, Public Records of Palm Beach County, Florida. AND: 2] (in Section 34, Township 45 South, Range 43 East) Being all of Lots 11 thru 16, lying West of State Road A -1-A, as currently laid out and in use, and lying East of the East right-of-way line of the Intracoastal Waterway, as shown on the plat of BENSON BROTHERS SUBDIVISION, as recorded in Plat Book 5, Page 27, Public Records of Palm Beach County, Florida, and The South 385.0 feet of the North 1,569.0 feet of Government Lot 2, Section 34, Township 43 South, Range 43 East, lying East of State Road 140 (A -1-A). AND: PARCEL 1 (in Government Lot 1, Section 4, Township 46 South, Range 43 East) A Parcel of Land in Government Lot 1, Section 4, Township 46 South, Range 43 East, Pahn Beach County, Florida, being more particularly described as follows: From the point of intersection of the Westerly line of said Government lot of said Section 4 with the Easterly right-of-way line of State Road No. 5, run North 17'13' 16" East, along said right- of-way line, 52.55 feet to the point in the North line of Trade Winds Estates First Addition, according to the plat thereof, recorded in Plat Book 22, Page 44, of the Public Records of Palm Beach County, Florida; thence continue Northerly along the same course, a distance of 28.52 feet to the Point of Beginning and the Southwest corner of the parcel of land herein described; thence North 89°18'46" East, parallel to the North line of said Trade Winds Estates First Addition, a distance of 108 feet; thence North 17°13'16" East, parallel to the Easterly right-of-way line of said State Road No.5, a distance of 49.85 feet to a point in a line parallel to the North line of said Trade Winds Estates First Addition, and 75 feet Northerly therefrom, measured along a line parallel to the West right-of-way line of the Intercoastal Waterway; thence North 89°18'46" East, along said parallel line, a distance of 44.78 feet, more or less to a point 734.91 feet Westerly from, measured along said parallel line, the Westerly right-of-way line of said Intercoastal Waterway, a distance of 69.16 feet to a point in the South line of a private road; thence North 05°26'06" East, parallel to said South line of private road; thence Westerly along the South line of said private road, being the are of a curve concave to the North and having a radius of 102.47 feet, a distance of 20.30 feet to the end of said curve; thence South 89°18'46" West parallel to the North line of said Trade Winds Estates First Addition, and along the South line of said private road, a distance of 118.42 feet to a point in the Easterly right-of-way of line of said State Road 100479750.1. 306-99055521 Page 9 of 11 pages Page 706 of 897 No. 5; thence South 17° 13' 16" West, along said Easterly right-of-way line, a distance of 120 feet to the Point of Beginning. PARCEL 2 (in Government Lot 1, Section 4, Township 46 South, Range 43 East) A parcel of land in Government Lot 1, Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Commencing from the intersection of the East right-of-way line of US Highway No. 1 (State Road No. 5) a 100 foot right of way as shown on the Florida Dept. of Transportation right of way map Section 9301-205, with the North line of Trade Winds Estates First Addition, as recorded in Plat Book 22, Page 44, of the Public Records of Palm Beach County, Florida; thence North 17°13'16" East along said East right of way line, a distance of 28.52 feet; thence North 89°18'46" East along a line parallel to, and 27.14 feet North of, as measured at right angles to said North line of Trade Winds Estates First Addition, a distance of 90.13 feet to the Point of Beginning; thence continue North 89°18'40" East a distance of 5.84 feet; thence North 11 °48'40: East along the East (water side) edge of a concrete seawall, a distance of 42.44 feet; thence North 88°32 '42" East along the South (water side) edge of said concrete seawall, a distance of 44.51 feet; thence North 05°26'06" East a distance of 5.44 feet; thence South 89°18'46" West along the boundary of a parcel described in Official Records Book 8002, Page 740, a distance of 44.78 feet; thence South 17°13'16" West along the boundary of said parcel, a distance of 49.85 feet to the Point of Beginning. AND: (in Section 31, Township 45 South, Range 43 East) The West half of the NE 114 of the SW 114 of the SE 114 of Section 31 Township 45 South, Range 43 East, located in Palm Beach County, Florida. together with an easement for ingress and egress recorded in OR Book 2988 Page 254 and re-recorded in OR Book 3118, Page 1466 of the Public Records of Palm Beach County, Florida, said lands situate in Palm Beach County, Florida. LESS: A] (in Section 17, Township 45 South, Range 43 East) Begin at meander corner no. 24 on the North boundary of Section 17, Township 45 South, Range 43 East; thence along the meander line run South 2,640 feet, more or less; thence S 89° 50' E, 955 feet, more or less, to the meander line on the East side of Lake Osborne; thence follow the meander line N. 12° 30' E, 947 feet, more or less to a point; thence continue of the meander line N. 01° 00' E, 1,716 feet, more or less, to the North boundary of said Section 17; thence along the North boundary of said Section 17, N. 89° 50' W, 1,190 feet, more or less, to the Point of Beginning containing 68.7 acres, more or less, lying and being in Section 17, Township 45 South, Range 43 East, Palm Beach county, Florida, less the following described land, to -wit: all the submerged land in the West half of the Northeast 114 of Section 17, Township 45 South, Range 43 East, in Palm Beach County, Florida, lying East of Government Lot No. 2, and the meander line of said section, containing 16.7 acres, more or less, as described in Deed Book 1076, Page 4. (00479750.1306-9905552) Page 10 of 11. pages Page 707 of 897 AND LESS: B] (in Section 4, Township 46 South, Range 43 East) Being Lots 1 thru 5, as shown on the plat of KILLIAN'S PARK, as recorded in Plat Book 23, Page 195, Public Records of Palm Beach County, Florida, and all of Lots 39, 40, 66, 67, 72 thru 76, and Lots 78 thru 112, the AMENDED PLAT OF TRADE WINDS ESTATES, as recorded in Plat Book 21, Page 73, Public Records of Palm Beach County, Florida. {00479750.1 306-9905552} Page ll of 11 pages Page 708 of 897 • Ion IN1 ,z)9.1■ jail ® 4, ii.1.® ®I.i • Gateway I • !1.1.I ® ; e BCI. i.I• i i i i Old ea■■ynton Rd ^ 1 . i .r® ..,........_. _. kin Y W I • PIn e_ • Woolbrlght Rd a • • Got( Rd e i i i .1.1.1.,.1.1.1.1.1.1.1.1.1. • i e • Ln N 4i-.--.=hi-1®i".-•I-...Ie��Ii-..k..�i,.>I"�': _.-��.,�_ _..-W.. HyPauKo Rd j 1 = W E •' a • •O S • r i ® Miner Rd 1 111I.1®t.i I.I.I.1q !i Z i m i = A Martin Luther King JrBlvd e z � m v m m ^ Z A each Blvd E Ocean Ave •mm Ocean Ave a� m � i W Woolbrlght Rd E Woolbrlght Rd • U Tt (a lL N E 23rd SW 23rd Ave �,�""="Y0-SAve C) FLv 41.I�W ri`�� m t 1" NE 22nd St _. 1 . I i ■ i i V � IR. �,. 1'z Legend ■ City Boundary 71.1.' �- Major Roads 1-95 0.5 1 Miles Invoice Text Order Confirmation Ad Order Number Customer Pavor Customer PO Number 0000669561 BOYNTON BEACH, CITY OF BOYNTON BEACH, CITY OF Sales Rep. Customer Account PavorAccount Ordered By teal.pontarelli 35692 35692 Crystal Gibson Order Taker Customer Address Pavor Address Customer Fax teal.pontarelli PO BOX 310 PO BOX 310 $0.00 $674.24 BOYNTON BEACH FL 33425 USA BOYNTON BEACH FL 33425 USA Customer Entail Order Source Customer Phone Payor Phone Non Web 5617426000 5617426000 Special Pricing Invoice Text Ad Order Notes NetAmount Tax Amount Total Amount Payment Amount Amount Due $674.24 $0.00 $674.24 $0.00 $674.24 Ad Number Ad Type Production Method Production Notes 0000669561-01 Legal AdBooker External Ad Number Ad Attributes Ad Released Pick Up No 0000585037 Ad Size Color 1 X 49 Ii Run Date Product Placement Sched Cst Disc/Prem Color Pickup Tax Subtotal 11/09/2021 P -Palm Beach Post Legals $168.56 $0.00 $0.00 $0.00 $0.00 $168.56 11/16/2021 P -Palm Beach Post Legals $168.56 $0.00 $0.00 $0.00 $0.00 $168.56 11/23/2021 P -Palm Beach Post Legals $168.56 $0.00 $0.00 $0.00 $0.00 $168.56 11/30/2021 P -Palm Beach Post Legals $168.56 $0.00 $0.00 $0.00 $0.00 $168.56 11/09/2021 - P-PBP Web Legals $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12/08/2021 Ad Content Page 1 of Page 710 of 897 NOTICE OF INTENT TO USE UNIFORM METHOD FOR THE COLLECTION OF A NON -AD VALOREM TAX ASSESSMENT FOR CANAL MAINTENANCE SERVICES The City Commission of the City of Boynton Beach, Florida, hereby pro- vides notice, purl ant to Section 197.3632(3)(.), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special as- mwithin the ents to be levied upon real prop- erty m mopA h ... daries of the City of Boynton Beach forfund- ingthe cost of providing Canal Mainte- nance Services within the City, com- mencing with the fiscal year beginning on October 1, 2022. The City Commis- sion will consider the adoption of a solution stating its intent to use the uniform method of levying and collect- ing such assessments authorized by Section 197.3632, Florida Statutes, at a public hearing to be held at 5:30 p.m. on Tuesday, December 7, 2021, in the Commission Chambers of City all, Io- Gated at 10C East Ocean Avenue, Boynton Beach, Florida. Such resolu- tion will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. All interested per- sons are invited to attend. Anyone wishing to appeal any decision made by the City Commission, with re specs t0 this matter, will need a record of the proceeding and for such pur- pose may need to ensure that a verba- tim record of the proceeding is made, which recordinclu des the testimony and evidence upon which the appeal is to be based (FS 286.0105). Anyone needing auxiliary services, please con- tact city Clerk at (561) 742-6060, at least five (5) days prior to the meeting (56 Fed. Reg 35721, Sec. 35.160(b)). 11 9, 11-16, 11-23, 11-3012021 Page 2 of 2 Page 711 of 897 9.A. City Manager's Report 12/7/2021 Requested Action by Commission: City Lobbyist, Mat Forrest of Ballard Partners, will present the key issues/bills facing the City during the 2022 Legislative Session. City Commission to discuss and approve Legislative Priorities for the 2022 Legislative Session in Tallahassee. Explanation of Request: Each year, the Commission approves a general list of priorities for staff to monitor throughout the legislative session. Attached is a list of general topics about bills that will be introduced. Staff has recommended which items to oppose, support or watch. Once adopted by the Commission, staff and elected officials can communicate with the City's legislative delegation to express concerns and/or support for matters being considered by the legislature. How will this affect city programs or services? Fiscal Impact: TBD - Unfunded mandates can be costly to City operations. Alternatives: Not establish legislative priorities. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ttach irTIEN11t 2022I1.....Esglis: a Live, IFlrliorlitiE)S II.....liSt Page 713 of 897 City of Boynton Beach City Commission 2022 Legislative Priorities Legislative Actions Home Rule OPPOSE any legislative efforts to impede or preempt the constitutional right of municipal Home Rule powers. The City OPPOSES the Legislature's persistent intrusion into local finances, which are necessary to provide financial stability and essential services uniquely required by municipal residents and local businesses. The state legislature has attempted to restrict local self-governing for issues such as building and land use, small-cell wireless, community redevelopment agencies, vacation rentals, municipal elections, medical marijuana, concealed weapons and firearms, firefighter cancer disability presumption, local business taxes, fiscal transparency, ad valorem taxes, stormwater and wastewater management, traffic infraction detectors, and drones. Unfunded Mandates OPPOSE any unfunded mandates imposed on local governments through the legislative or budget process. Regulation of Group/Sober Homes SUPPORT licensing/taxing/zoning regulation for operation of group/sober homes at the local level. SUPPORT legislation requiring certification for all recovery residences and recovery residence administrators to ensure that this vulnerable population is protected and that recovery residence administrators have the competencies necessary to appropriately respond to the needs of residents. Opioid Fight SUPPORT legislation that helps provide local support to address this wide ranging issue. SUPPORT legislation that provides funding opportunities for municipalities to help combat the opioid crises. Communications Services Tax Protection SUPPORT legislation to reform the Communications Services Tax in a manner that is revenue neutral; provides for a broad and equitable tax base; provides for enhanced stability and reliability as an important revenue source for local government; and provides a uniform method for taxing communication services in Florida. Reform should promote a Page 714 of 897 competitively neutral tax policy that will free consumers to choose a provider based on tax neutral considerations. Sales Tax Fairness SUPPORT legislation to update Florida's sales and use tax laws that apply to online/e- commerce sales from out-of-state retailers. Changes are needed to ensure that in-state retailers are treated equitably and that the Florida sales and use tax law is equally enforced. Short -Term Rentals SUPPORT legislation that restores local zoning authority with respect to short-term rental properties, thereby preserving the integrity of Florida's residential neighborhoods and communities. OPPOSE legislation that preempts municipal authority as it relates to the regulation of short-term rental properties. The City SUPPORTS legislation clarifying that existing, grandfathered municipal short-term rental ordinances can be amended without penalty. Resilient and Sustainable Cities SUPPORT legislation that promotes a resilient and sustainable Florida, including: • Funding water quality improvement • Establishing policies and funding for alternative water supply development • Providing for intergovernmental coordination and planning on strategies to address climate challenges such as drought, coastal flooding and inland flooding. • Enabling local authority to implement natural resources protection strategies Water SUPPORT legislation to address the state's critical water resource and water quality deficiencies to mitigate the negative economic impact of these deficiencies through priority corrective actions and funding. The legislation should include: • Establishment of a dedicated and recurring source of state funding to meet current and projected local government water supply and water infrastructure needs; • Annual assessment by the State of the state, regional and local water resource and water quality infrastructure improvement needs; and • Development of regional plans to prioritize actions and schedules for addressing integrated water quality and water supply needs based on objective criteria. SUPPORT legislation that establishes reasonable time frames for utilities to eliminate, to the extent possible in compliance with regulatory requirements and with specified exceptions, discharges to surface waters unless a utility demonstrates it is not environmentally, technically, or economically feasible. Page 715 of 897 Transportation/Mobility Plans & Fee SUPPORT legislation that preserves local control of transportation planning, and defines mobility plans and fees in order to provide the clarity and consistency needed to assist Florida's cities in implementing alternative modes of transportation. SUPPORT legislation that will allow cities to have greater local decision-making and flexibility on transportation funding to ensure we meet our ever-changing transportation demands. Commuter Rail MONITOR and SUPPORT legislative and budget opportunities related to FEC commuter rail station for downtown Boynton Beach and budgetary opportunities to offset infrastructure costs as well as funding options for Operations & Maintenance. CRA/Downtown Redevelopment & Transit Oriented Development (TOD's) SUPPORT legislation that would improve the city's use of community redevelopment agencies to affectively carry -out redevelopment and community revitalization in accordance with Home Rule. SUPPORT and MONITOR legislation that will strengthen and support the planning and implementation of transit -oriented developments (TOD's) on a local and/or regional scale. Emergency Management/Mitigation/Sustainability Recognizing the impacts sustained by cities related to sea -level rise, changing precipitation patterns and increasing storm severity, the City of Boynton Beach SUPPORTS legislation that encourages vulnerability assessments, coordinates resources and supports the efforts of local governments to mitigate and adapt to these dynamic environmental conditions Affordable Housing SUPPORT any legislation that creates funding opportunities for affordable housing initiatives at the local level. SUPPORT legislation that enhances local efforts to research and assist affordable housing opportunities. SUPPORT legislation that requires all monies from the Sadowski State and Local Government Housing Trust Funds be used only for Florida's affordable housing programs. Annexation SUPPORT legislation that facilitates the municipal annexation of unincorporated areas while protecting private property rights and respecting municipal boundaries. Page 716 of 897 Digital Divide SUPPORT legislation that reduces the digital divide and expands broadband internet access to all areas of the state. This includes: • Identifying areas of Florida that are underserved by traditional broadband providers. • Removing statutory barriers for cities to provide telecommunication services and open competition for affordable internet service. • Increasing public funding for construction of broadband infrastructure Cybersecurity SUPPORT legislation dedicating state resources for the development and enhancement of municipal cybersecurity by providing funding for technical assistance, treat assessments, employee training, infrastructure improvements and data protection, including the protection of exempt and confidential information such as law enforcement personnel information and plans for government buildings and other critical infrastructure. Local Business Tax Receipt SUPPORT legislation that protects local government rights to use local business tax revenue to provide services that our citizens want and need, including public infrastructure, public safety services and public transportation infrastructure. OPPOSE any legislation that would preempt local regulation of Business Tax such as capping the amount a local municipality can levy for a Business Tax. Red Light Cameras OPPOSE any legislative efforts to impede or preempt local regulation/enforce of red-light cameras. Government -Owned Utilities MONITOR and OPPOSE any legislation that will remove home rule authority for municipalities providing water and sewer services outside municipal boundaries. Local Elections OPPOSE any legislation that impedes or preempts local regulation of city municipal elections. Eco -tourism and Marine Industry Incentives SUPPORT legislation that will assist in protecting our beaches and supporting the marine industry. These include bills to create new, and enhance existing programs Page 717 of 897 related to working marina's, increased funding for kayak/canoe launches and water taxi's as well as access to local waterways. Greenways & Trails SUPPORT legislation that encourages and funds Greenways & Trails. This includes safe bikeways & pedestrian ways, connectivity with regional plans as well as other nonmotorized transportation incentives. Cultural Tourism SUPPORT legislation that identifies the importance of cultural tourism as an economic driver for local governments and provides funding opportunities for the creation and continuation of public art, galleries, libraries, events and festivals. Historic Preservation SUPPORT legislation that recognizes the importance of local and regional historic preservation and creates funding opportunities for programming and infrastructure projects that support historic preservation and provides grant funding. Actively seek funding opportunities for the preservation and rehabilitation of the city's Old High School. Public Safety SUPPORT legislation that supports the ethical use of automated license plate reader technology to aid in the investigation of a crime and establishing guidelines for the authorized placement of ALPR along roadways in Florid. SUPPORT legislation revising Florida State Statute 784.048 to establish "doxing" as a crime when a person knowingly takes the restricted personal information of another person or the person's immediate family with the intent to harass or threaten, intimidate, or incite crimes of violence against that person or his family. SUPPORT legislation supporting the expansion of law enforcement's use of drones SUPPORT legislation supporting an amendment to FS 933.05, to allow for open-ended dates for service of DNA Search Warrants for known suspects who may be mobile; allowing for entry of said warrant into the NCIC/FCIC System to provide notification to law enforcement nationwide, thus allowing for collection of Buccal Swabs by any law enforcement, anywhere in the country, when the Suspect is encountered. SUPPORT legislation supporting penalty enhancements for criminals that assault, battery or kill a law enforcement officer. Page 718 of 897 SUPPORT legislation revising Florida State Statute 790.0655 (2) (d) to include an exemption from waiting periods of all firearm purchases by law enforcement officers (currently just shotgun and rifles). SUPPORT legislation supporting an amendment to the Law Enforcement Officers Safety Act that would prohibit any person from denying a law enforcement officer access to any premises that are open to the public when the denial is based solely on the fact that the police officer is in possession of a firearm. SUPPORT legislation revising Florida State Statute 316.3045 to make the law constitutionally valid by removing the language defining the violation based on content. SUPPORT legislation clarifying the ambiguity in Marsy's Law, relating to a Victim's right to privacy, regarding Chapter 119 of Florida Statute. SUPPORT legislation supporting enhanced penalties for the sale and delivery of fentanyl, and when the sale and delivery of fentanyl results in an overdose death. SUPPORT legislation supporting the use of technology to support the enforcement of speed limits in school zones. SUPPORT legislation amending 790.401 (RPO) to authorize the court to have access to the findings of a court ordered mental health evaluation and order mental health treatment. SUPPORT legislation supporting the reasonable expansion of ATMS to include discipline case findings provided that the dissemination of the charges and findings are consistent with the officer's due process rights and the information is subject to public dissemination in accordance with Florida law. SUPPORT legislation amending 836.10 to include written threats made towards an individual or their family regardless of whether the threat is communicated directly to that individual. SUPPORT legislation that supports the use of diversion programs for nonviolent juvenile offenders OPPOSE legislation that abolishes or unreasonably restricts a law enforcement agency from implementing a properly managed civil asset forfeiture program. BBPD supports making the purchase of police memorials an authorized expenditure of state forfeiture funds. OPPOSE legislation that unreasonably restricts the engagement of confidential informants by law enforcement agencies. Recognizing that the safety and security of all citizens, including confidential informants, is a priority of law enforcement, the BBPD opposes any legislation Page 719 of 897 OPPOSE legislation, at both the State and Federal level, that attempts to further restrict the local conduct of employee/employer relations issues. This would include further mandating of collective bargaining by local governments. OPPOSE legislation that does not support juvenile diversion expunge programs for those that commit violent forcible felonies. OPPOSE legislation that attempts to modify or repeal the statutes governing Red Light Cameras. These tools are vital to public safety. Page 720 of 897 WIM Unfinished Business 12/7/2021 Requested Action by Commission: Authorize the Commission to establish a policy for use of the Textile Recycling revenues for Community Support Funds. Explanation of Request: On September 21, 2021 Commission approved a renewal to the Textile Recycling Contract via Resolution R21-114, estimating an annual revenue of approximately $21,012.65. Presently the funds are supporting the overall operations of the General fund through Miscellaneous Revenue. Additionally, the City Commission has requested designating a portion of these funds to be used toward specific projects at their discretion. Funds collected last year were $20,000.00 for the bins in addition to the back payment amount of $31,667.69. At the August 3rd, 2021 Commission meeting, $1,800.00 of these funds were designated to Roots and Wings (Non -Profit Org.). If the Commission desires to utilize a portion of these revenues as an additional source for their "Community Support Funds", a percentage or set dollar value needs to be identified. Allocation of these funds shall follow the same procedure as the Community Support Fund Policy (see attached) adopted by the Commission. Also attached is a copy of the City's procurement thresholds that indicate any funds spent beyond $2,000.00 would require support funds to follow the City's competitive purchasing policies. How will this affect city programs or services? Funds allocated for Community Support funds will not support the General Operating Fund any longer. Fiscal Impact: Loss of funds towards City General Fund operations. Alternatives: Not approve a policy to allocate Textile Recycling Revenue and allow the funds to continue to support the General Fund operations. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 721 of 897 Attachments: Type AddE)indUlirn AttacftrTIENI'lt Description CoirnirTILAII'lity SLApportIF:::Ulind Floicy ThrE)Shods Page 722 of 897 R15-055 CITY OF BOYNTON BEACH COMMUNITY SUPPORT FUNDS POLICY PURPOSE: The purpose of the Community Support Funds (CSF) is to provide a source of discretionary funding to support projects, programs and activities in the City which are accessible and beneficial to the citizens of the City. Due to the broad and diverse nature of programs or projects that may be eligible for funding from the Community Support Funds, no specific list of eligible projects, programs, or activities is appropriate. SCOPE: This policy recognizes that there is a specific line item in the City Commission portion of the City's annual budget. Each year, in the annual budget adoption process, the City Commission shall consider an appropriation for Community Support Funds. The Commission is not required to appropriate Community Support Funds but when it does, the amount appropriated, if any, shall be available for distribution by the Mayor and City Commissioners in equal amounts only for qualified programs or projects. By way of example: If the Commission budgets $10,000, the Mayor and each Commissioner may request distributions up to $2,000 for the year that the funds are appropriated. CRITERIA FOR ELIGIBILITY: Eligibility for funding shall be conditioned on a finding by the City Commission that: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit; and 2. The recipient/payee will use 100% of the funds to provide services within the City; and 3. The public purpose is beneficial to the entire community served by such donation and to the City as a whole; and 4. Proper safeguards shall be implemented by the City administration to assure that the funds will be used for the stated purpose, such as: a. Prior to receiving any funds, the recipient must complete a W-9 Request for Taxpayer Identification Number Form in order to be added to the City's vendor list. b. Within 60 days of receipt of funds, the recipient must provide the Finance Director appropriate backup documentation demonstrating the funds were used for the stated purpose approved by the Commission. c. Should the recipient fail to submit the appropriate documentation within the allotted time, the City Commission may deem the recipient ineligible for any future funding. The findings of the City Commission as to each of these required elements shall be inferred from the Commission's approval or disapproval of the requested distribution without the need for separate findings. PROCEDURE FOR CONSIDERATION OF EXPENDITURES: The procedures for C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 723 of 897 R15-055 expenditures from the Community Support Funds are as follows: 1. The Mayor or any member of the City Commission shall make a request to the City Clerk for the expenditure of funds. The requesting member of the City Commission must have a written request from the entity seeking funds. The written request must contain a narrative explanation indicating how the funds will be used and an affirmative acknowledgement that the requestor understands and will comply with the above listed conditions for eligibility and use. The written request will be forwarded to the City Commission along with Exhibit "A" (see Step 2). 2. The City Clerk shall complete a Community Support Fund Request Form (form attached as Exhibit "A") and confirm the funds are available with the Finance Director. 3. If the appropriate funds are available, the City Clerk will schedule the matter to be considered by the City Commission at the next scheduled City Commission meeting under New Business. 4. The City Commission shall act on the request for expenditure by approving or disapproving the agenda item. A majority vote is required for approval of the expenditure. DISCRETIONARY NATURE OF COMMISSION ACTION: The decision of the City Commission to approve or disapprove a requested distribution of Community Support Funds is discretionary and is not subject to appeal, review or challenge. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 724 of 897 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQ UES T FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: $ Recipient/Payee: Description of project, program, or activity to be funded: Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is Accordingly: Li There are funds available as requested Li There are insufficient funds available as requested Dated: Part III -Eligibility Evaluation in City Clerk R15-055 Li Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit Li The recipient/payee provides services within the City Li The public purpose is beneficial to the entire community served by such donation Dated: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 725 of 897 R15-055 Requesting Member of the City Commission C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8CO8-BF91FC08DBBC\Boynton Beach.28052.1.Community_Support_Funs_Policy.2015_(002).doc Page 726 of 897 fl I 1.0 1.1 12 13 :14 15 16 17 18 19 20 21 RESOixTION NO. IZ19-171 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABIJSHING PROCUREMENT 'I'll RESI-10 LDS FOR THE CITY MANAGER AND THE CITY COMMISSION AND MINIMUM STANDARDS FOR A.I.A., CITY PROCUREMENT REl.,ATED CONTRACTS; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, the City Administration under the authority of the City Manager has implernented rules and procedures regarding procurement of commodities and services needed by the City to perform its public services; and WIIEREAS, the City ( lommission has reserved to itself' the authority to establish monetarN limits on the City Manager's authority to enter into contracts for purchases and services. NOW THEREFORE, BE IT RESOLVED BY'rii-E, CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDAJI-IAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby, made a, specific part ofthis R.esolUti0n upon adoption. Section 2. The following establishes the monetary thresholds for all procurement 22 matters: 23 24 25 Processing Requirements and Approval Levels. Requirements for approvals of all construction and non -construction purchases follows: "Iersot,71 Prone T otal Purchase A t Requisition Process Approval Level Total Purchase Purchase Type Gess than $2,000 One quotation Department Head* Requisition/P.O. $2,000 to $4,999 Three Written Quotes I Department Head* Requisition/P.O. l$5,000 to $34,999 Three Written Quotes CIty anager* Requisition/P.O 00 & over Formal Bid N Requisition/Contract Construction Projects - Bid Threshold $100,0011 S,('A\Rl,,'So\Ilioctii-etiici,it Policy I'l-iresholds - Reso Docx Page 727 of 897 _.__.__..... _._.._...... ... ........ ... _..... _....._......... _...._..._..._... ._ .................__............W..... ... ........ .... ___......... Total Requisition Process Approval Level Purchase Type Purchase Amount Total Purchase __.___.__._...__.._._....._ ..... __......_.......__..._. _.._....__.._.....___.......___.___._._......e___..._.._..__.. __._._..._...._.__.__.__....___.._..___....___........... __.__.._......_..........._......__..._.__ _____._._....... __... .._... _................. Less than $ 2,000 One Quotation Department Director* Requisition/P.O. $2,000 to $4,999 uu mmw Three Written Quotes Department Director*.__.___. Requisition/P.O. $5,000 to $99,999 Three Written Quotes City Manager* Requisition/P.O $100,000 or above-.. -- . Formal Bid Process- m City Commission Requisition/Contract 26 *Or Designee 27 28 Section 3. All contracts and purchase orders shall be subject to (1) the laws ofthe 29 `tate el`E{lorida, and (2) venue in Palm Beach County, Florida, and (3) Florida Public Records 30 law, and (4) Florida's Scrutinized Company law. 31 A Person, vender, contractor or company who does not acknowledge agreement to the 32 four foregoing regUirenlents is riot a "responsible bidder or offerer" as that term is used in the 33 City's Precurernerit Policies. 34 Section 4. That this Resoluti0II shall become effective immediately. 35 PASSED AND ACOP ITI) this 17 day ol'E)ecernber, 2019. 36 CITY OF 3OYN�TON BEAC.`1�-1, FLORID 37 Y1?S N0 38 Mayor ._. Steven. E3, Grant '.__ ._._._. 39 40 Vice Mayor — Justin Katz 41 42 Commissioner -- Mack McCray 43 44 Commissioner Christina E,. Rornelus 45 46 Commissioner -Ty Periserga 47 48 49 ATTEST - 50 51 1 Cillsc�t MMC":� C yst� C:'ity Clerk 54 55 (Corporate Sea]) `.i \(''A\R I:StTt0(,caren'tent Policy Thresholds - Reso,Docx V0,Ff1; Page 728 of 897 11.A. New Business 12/7/2021 Requested Action by Commission: Conduct Annual Performance Evaluation for our City Manager. Explanation of Request: Pursuant to the City Manager's Appointment Agreement, the Commission will provide the City Manager with a performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on December 1, 2020, and her current base salary is $239,700. How will this affect city programs or services? Providing feedback regarding performance allows opportunities to recognize areas of strength and to provide suggestions for how to improve in any area of weakness. Fiscal Impact: In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of the City Manager in such amounts and to the extent the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida State Statute 214.425. Modifications to monetary items in the Agreement may have a resulting financial impact. Alternatives: There are no alternatives because the Commission is obligated to conduct this evaluation at least annually, as stipulated in the Appointment Agreement. Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 729 of 897 Type AddE)indUlirn Description AppoiintirTIENnt Agir'E�E)irTIENI'lt & AddE)inda Page 730 of 897 ADDENDUM TO EMPLOYMENT LETTER This Addendum amends the Employment Letter between the City of Boynton Beach and the undersigned employee. Unless expressly modified by this Addendum, the original terms of the Employment Letter and any previous Addendum shall remain in full force. The Employment Letter is amended as follows: BASE SALARY. Employee's base salary is increased to TWO HUNDRED THIRTY- NINE THOUSAND SEVEN HUNDRED and 00/100 ($239,700.00) as provided for at the conclusion of the City Manager's annual performance evaluation effective December 1, 2020. Each and every other term and condition of the original Employment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties. Dated:A- ,°, Steven B. Grant Mayor Dated: Page 731 of 897 ADDENDUM TO EMPLOYMENT LETTER This Addendum amends the Employment Letter between the City of Boynton Beach and the undersigned employee. Unless expressly modified by this Addendum, the original terms of the Employment Letter and any previous Addendum shall remain in full force. The Employment Letter is amended as follows: BASE SALARY. Employee's base salary is increased to TWO HUNDRED THIRTY- FIVE THOUSAND and 00/100 ($235,000.00) as provided for at the conclusion of the City Manager's annual performance evaluation effective December 3, 2019. Each and every other term and condition of the original Employment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties. �., ated: Steven B. Grant Mayor ed: ,�X _Zzq1 Lori LaVerriere Page 732 of 897 ADDENDUM'FO ENIPI,,OYMENTLETTER 'I 'ity of Beynton etic Bh and I his Addendum amends the Employment Letter between the the undersigned employee, UjIless, expressly modified by this Addendurn, the original tenns, ofthe Eniployment Letter and any prcN,ious Addendum shall in full f6rce. The Employment Letter is ainended as I'611ows'. BASE SALARY. Employee's base salary is increased to, TWO HUNDRED "FHOUSAND SEVEN HUNDRED NINE'FY-SIX and 96/1001 ($2001,7916.96), as provided f6r at the conclusion of, the City Manager's annual perfbnmuice evalUation efl&flve Deceniber 4, 201& Each and every other term and condifloa of the original Emplop-nent, Letter, and any subsequent addendurn, n(YI herein specifically amended shall renwin in, IbIl force and effed, 'The foregoing provisiol's Npresent the agreement of the parfiesand, becorne effective uPOII sigtiature of the parties. �..�.Date& Sant teven B, G T - Mayor ry Lcni LaV erri ere Page 733 of 897 ADDENDUM TO APPOINTMENT LETTER This Addendum amends the Appointment Letter between the City of Boynton Beach and the undersigned. Unless expressly modified by this Addendum, the original terms of the Appointment Letter and any previous Addendum shall remain in full �force. The Appointment Letter is amended as follows: BASE SALARY. Section 2.1 of Employee's Appointin. CIA Agreernent is revised to increase the base salary to $191,,235.20 effective, December 19, 2017. DEFERRED COMPENSATION: Section 11.3 of Employee's Appointment Letter shall be amended to read as follows,: In addition to the base salary paid by the ary to; cay MANAGER, CITY will pay an amount equal to the IRS maximum allowable: contribution, which shall also include the IRS mwdmum allowable for "catch up" provisions, into the ICMA-RC on CITY MANAGER's behalf, in equal proportionate amounts each pay peniod, and to; transfer ownership to succeeding CITY or the CITY MANAGER upon CITY MANAGER's resignation or discharge. (The IRS allowable maximum, inclvding the: "catch up'' provision, fbx calendar year 20; 18 is $24,500.00). Each and every other term and condition of the original Appointment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. in the event of a conflict between the Appointment Letter and this Addendum, the Addendum sMil control. The foregoing provisions: represent the agreement of the parties and become effective , i upon signature of thpes. t* dr 00 Dated. � 40 06 -C-04Datcd: I ................... . to V"en B. Grant Lori LaVerriere Mayor Page 734 of 897 ADDENDUM TO Fbis Addelhftffll ammis theAlliointment Um betwen the City of My= Beach and the underMgnml. Unless expressly modined by IN PuddemIum, the original terms ofifie ArIvointment Leger and any pmviom Addendum shall remain W Jill fbrce� Fhe AppAnunaw Imer is arnended as fi)llovvs: HASE SALARY. I)aragraph 11 L`.nrrployees Appointment Agreemcnt is rcvised to inclwase the base salary by 21,,,;), enictive Decunher 19, 20M 11ch and emy other tmmi and condidon of the odgin,,d Appoinmient Letter, and any subsequmn addendum, not herein specifically amended shall ren'lain in full force and efluct, In the event of a conflict bctNN,ecn the and this Addenduni, the ALMCMILHII 111,111 controL The folvgon-q, provisions represcm the aWeement or the pamies and becmne enboNe upon signmure of the pal he Dated: Grant LOH I-averriere Page 735 of 897 ADDENDUM TO APPOINTMENT LETTER This Addendurn arnends the Appointment Letter between the City of Boynton Beach, and the undersigned. Unless expressly modified by this Addendum. the original terms of the Appoinimeril Letter and any. previous Addendurn shall remain in full force. The Appointment Letter is amended as follows - BASE SALARY, Paragraph 2.1 ol'Einployee's Appointment Agreement is revised to increase the blase salary by 3%. effective December 1, 2015 Each mid every other tenn and condition ofthe original Appointment Letter, and any subsequent addendum, not hcrein specifically amended sh,all remain in M foirce and effict., In the event of a conflict between the Appointment Letter and this Addendum. the Addendum, shall control, The foregoing provisions represent the agreement of the parties and becorne eff&flve upon signawre of the pajlies. Dated: jy lair Lori fife -Mere r ayor Page 736 of 897 ADDENDUM TO APPOINTMENT LETTER This Addendum amends the Appointment Letter between the City of Boynton Beach and the undersigned. Unless expressly modified by this Addendum, the original terms of the Appointment Letter and any previous Addendum shall, remain in full force, The Appointment Letter is amended as follows: BASESALARY. Paragraph 2.1 of Employee's Appointment Agreement is revised to increase the base salary by 2%, effective Decernber 15, 2014, Each and every other term and condition of the original Appointment Letter, and any subsequent addendum, not herein specifically amended shall remain in full, fbrce and effect. In the event of a conflict between the Appointment I...,etter and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties, 5 -hr �Dated:YZA4L/i VOA4� Dated, V .. . . . . . ... . . ......... j`,ayoiay o (2bri �LaVtrriere F Page 737 of 897 a a 11 W1 #180 a E01KI 9 IL This Addendum dated the _�,/ day of January, 2014, amends the Appointment Agreement between the City of Boynton Beach and Lori LaVerriere, City Manager. Unless expressly modified by this Addendum, the original terms of the Appointment Agreement and any previous Addendum shall remain, in full force. Pursuant to City Commission action taken December 17, 2013 the Appointment Agreement is amended as follows: 1. BASE SALARY. Employee's annualized base salary of $165,000.00 is increased by 3% effective December 18, 2013. 2. 11.3 CITY and CITY MANAGER agree to execute all, necessary agreements provided by the Intemational City Management Association -Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY agrees to pay an amount equal to 8% of` the CITY MANAGER's base salary not to exceed the maximum annual contribution'! including catch up permitted by IRS regulations into the ICMA-RC account on CITY MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership, to succeeding city or other qualified employer or the CITY MANAGER upon CITY MANAGER's resignation or discharge. 3. Each and every other term and condition of the original Appointment Agreement, and any subsequent addendum, not herein specifically amended shall, remain in full force and effect. 4. In the event of a conflict between the Appointment Agreement and this Addendum, the Addendum shall control. CITY OF BOYNTON BEACH, FLORIDA By: Dated: -/4 �JFRRY -Aii, R .11'ayorq f CITY MANAGER If 3 I ORI LAVERRIERE City Manager ' The maximt,im, contribLiflan for 201,4 is $17,5010 00 plus $5500.00 catch up if eligiblie Page 738 of P897 )Fi4 rJUSS .Iffff.EEME111V' ,i 4110 Und entared into dds ay of Fdhn inM 13:, by, ant'f betwemi the mm o m cu , Florida, � these 1, rare IUfreli4 ll, mm ��rI ''l amid ff:fff fff f fmf ��ffff �o ff' m rmffon.: WITNESS S Cgym :ll f:".�mmw�,o of'fm,rro WHEREAS,I fbe City �fmo �n"��r�i�r�i� SW the �� °�'��17u,��City,"�teand WHEREAS, .EAS, this Commission. has dd=ined thatf' of RI L :" Eff,ffM.E m eeb the qualificatl eum I)nfmml 012 F 1poi ms CITY MANAGER. ofthe Ali f Boynton �ffolmprovide rveta io wnchtions; and ffmfffAS1, lIC:A)RI I AVMRUME wislics 10 accept apIxAntmermul as C11"°l°7Y' .I ' mffCxlE9�. of the CITY cm ndifmons recital bercin,, NOW, 'TofUIf Ef"'�ORE the fmf f ff3'f ION', acting onbcMf of amd fmo Illi be moff mmif ffio CITY ndIf ICY MrAlqAGER mugm°wx s fmmf'low&: 1.0 Duties � m� mojmp'490 of the (� ""��momi"t ~m and l gall and � ibf� �fp ��iic NI:�I � ' nd f°f Y NAM ff lmof. x mm e and . f mio ration quir of trlic'mmfffoo, or as d,iTudcxl by -the U)MMISS11 . 1.2 CITY MANk R mWc e to j�vjm fli Iffilntim of CITYMA:N.GHR md1h iligomm"m,oe, s, ill and r °.fml r°lim 2.0 My vm pay (.711111"Y m . f(.;uffom � mo�ml basic :sida. o("W11.1" ffffff fff" f1fE[ff) ($'165ffff.ffDOLfffdy payable in m mf ��of� moom;foidthic mem mmirmo firmmo that other mailipmm'imfl Bevel :mem', loyces 'of flic C.11171 are, fmmmid. 3A. 171he C"10 f f°ISSH:f "f vIll,, 17,00fdm the f31TA19AGER, widi a fmoofo vm.wauoo aluation no lies's thmm:o annuf ff", utilizing, o pucess, fbrrui, E it ^owes, and format f' the cvmmtfmm000. whiofm shall, be wmcled'"lmmu'o by the mmi:fcts of th,mm COM :f'IS3f`fmf m .'ommmmsulta f,m n with the i f '1 Y]WANAGER., Page 739 of 897 3.2 In conjunction with, an,,review � � 40 .. ce to COMPfff4l f �n fw, fo. m o the b alary ooff4r offieo 1picnefits of MY 4fffff"AGER in such unowits oe fog oul& estmi s ffio COMMISSION f4 o f. dictennine f f of°icr, 3.3 "",[be COMMISSION inay,'rrom timic to time:, grantdie MANAGER II � � �v�4o"4fo b,aisal l�, i� w �o thef�o�� f,� o�gi�.� �o 0400.00 iS, 4.1 The tem, o o�f this aw�� :��o� �:��s at oo�r��utia,me�e�ce�� wi f�,�cn o�iped '��f, f�� o�th. o f . 4 f� s o roncOv m to ffo=.boo I fs, 201,2,.f"be o0m4onat oo. di b emf al twoffing °fhun thef'wf.� �:� � f �f:: �f of iz° O'CU UMM.ollf f ! 000�. f is fi' f � .11 �" � f��o�f oaf in, foes' pay e4 o4 immediately, ffloWfll8, ffl.o e000f"c)o sof°this ffoo 42 ":ffmio f;;ff .:. MANAGER. a.vc t ffie pleaFure of tlic fff�7 fes' umfission and ff°=vfbffu Ow Vpointiniont :hW nofixed Um. 4�3 N'I(),thing hlvtldsASwwnwmt al fimff'therflod of the Cf'�fMM.:SSION to feuo:foofe lbe off4ointmi t of f°; TY MANAGER of o0,4 sue, subject o ff.f to ffni„o pwASfoo. sof fl`rth i ni<If fm„ao f 0 of fl1lirs Agreementi, 4,4 f4 pthing in t4 is Ag moot, khall prcitenk limit, quo off emiso interfemwith.of of the f: IT MANAGER to resign of m4 timeµmo har 4O on with. the CI;T"'Y, snnjf ljccf ool'f to the provisions set .fb f.l in 4004.00.5. �f this Agr ° eof. 4.5 fro, Commisfoo oonscaU to the CYTY Nfff:i4'AGER toresiding outside the: City Umfts of"ff'o7 Wa Beach, Ii;nf.ff.,fff: 4 f This , f shall f °rr fofo: f' , 1 , f. 111 y mutual o,grecT mitr of lI M': pamnisi ' u P 1mm �`�41T m1�111G1114'° po ifi mo dint simbstantially chan,ga 1111 aothority Of he(l ANAGI R, in whiciii i thic i MANAGER shall 4000 this o l fiat, simmroh, amendments 0onsfiiii niatica" 1 4Wify torymlmolom tido i . the same moaaroer 00 5 1, 1. W 21 abo c f.2 lam the event of a oon l:lo bete .om. l° eT jj °o 'j)cxj ft, twloiis of" this agmmco:t and the IfinitiWon on. severance ce j!mm.oll as provick 1 in, s, 415.4 4, Flofida Oto m'L es, the Priovisions of the Adute W] flreoml, U 11ui — Y_,- 6, 1. of ,1. 1'..lm? flim omimmd tici oummriu tloo1 al 1. be by vote by'hc �MISSf: `m'f1' id mced not reflim picilbiMance Maw m"wmoos„ ITI the moµ MI of, o filmmination for MiSco Iducii the CITY totmuiticis. 11 his Agmi m~o.mouu 1io . �r � �,� uruu°uG1m,��m"1. lm o � � l 4mn l�lm� �mlo� ��.�m<�maflo4 o moo moos pay io me ofm�m',:ma � mmmo � ;�om1m��oo1 �mmvuRo�m 1mm7 ��mu�o 4��1°°�� m� l�m�muµ1 goo MANAGER ,mrml. mm mmllmm o i (1111= MANAGER i . o 00 fled �o: 4.1 1. unpaild base Waxy tfirouoi. d1 iuo gym° oo ve &,tc of hic, hyminau loo. 6-1-2 m e mity (21:1) mrie 101F sevemo o pay? ":leo term wworance pay dia.111mCave, I hie micaning as set 41 witti� in s. .15.475,171on,,da 1 tatiates., y omu"�u� mlmmof�mmo o�rol. o � . i.mmo pumeant o this i i m m mm�omuommm� foo oom 16 1.4 all immed and ommomr.iia(A ommmoatio0 :leave. 4�'1 wf X1:1 m�m�,�rl m'� 000mwmm.00l �m1.�rlm� lom:m�m� 7.111 Rj&I ,qjLd 1m4 01000 o °l"o moron .oino��. w ._ if . c:� u: on mmmtuol 4:A1 ER 'die mmmnois g(u4o o4 o goo°f ooi shall be wnsl� o0tagmimemt 0 11� the l ml opaajes n "° �mm��:umm moi er0000 40 ° as sot forth 1n . 215 475, Moxida 11totiam! o . m �..... � .' 1f 411�1m 1400 ��9 Rights�om4 if1 000� om 4000uo�mu� oo f1 � ,1 a If IMsAgmment terminates. 400 to CITY MA 4100 ° ility o0 40 1, 0`11Y . MANAGER 00 her gumidian mi 4o omm41 rMmentative hall '40 enfifirdto the °follomolmm4 compoisation and bicnofltm Page 741 of 897 8.1-1 base selaxlytoa r,. or last4 sa i 7, .1.7 �°mrli 'UrS Cni -'Yet'tioreimbursedbiis,inems,expeii,;eslnirsuan�tto,ffi"lis Apnement. f 3 eamediandaccrulud sickand'viwatilonleave. ,1.14 f fic wii, ff r disability benicrits, if 2ffm f fe,, 8.1 .5 ami(x' ,O.iST° ICOmmI fmOmm�Smmmmm. B. L6 the event of wm;7 disggrccmicat or diTuft.g to whom m P ' �ffidRbe madic,tho Cf °mwmmn7 rely o in the A=CO Order, may interollead this pa i h a comm:uim of pro mmm s fc 'onw .0. 19.L. If this Agreement terminator, gimme to C , ITY MANAGER111' mn mpation2 C11IT MANAGER f 'l entitled only to the folloming =nplensaticiin iianid bicnefit m 9 f ,f. basealff°wo,agiii,, the date oasig .mafm°in or such othicy este as matuaIf agreed to, 1f woan OTY MAXAQYM auddieCITY 9. 1 u2 rf m. mnrvmnaj or . -yet unrnfm °mm�rsed ur'apen PUMmmanto ff[.f�S 9,1 m . and awm:°ued sick, and'vacation. leave 19 11111.4, fmmmmm:mmmm �� 'mfn .�m~mm� m��mmmm. m' N i f�fM. ffff'ffff f'f� d1jr[ mm, Vim' M mnumm m mm mm m mn m m m:mm mm f tf"�e ""'mtn7 Cfmmm.im. auld WWI prmomnfmfn from allactual resignaflon datir. no fn mmnm mem gmfrf7 310) dna fbIlawing flie dale (W moticc of resignmm fon, CW llatff Wifilm a= m ynsent of the COMMISSION. "f'''fm.n' U)� MIIlWffS O°N May esmmfmffffm an eaffi r &�:mm tfmmmm date, but CCmmm°m mm;mf.1 r �mmnr arxibcailefits Ommmf'f accrue fmmnmm,t0u tfmlmn fmm'f'ltfmfm°t;, ff imf7mm. f .ffmm mm ' i m� ...... 10111ic Mgh"all pnwide ms ofm�.� �� the f��MANAGER which �sbal'f be used for businiess an,d unlimited personal use w°ft in the Stage of 17�1nn"�, f"" n vehicle 9hall be sWhi:f le Ebr mmmmmm,mfm cfng City buiginess ianid m f mnparable quahy to tfmmeles fm rdhascmf for or assigned temi M mn �' �. mmm Palm 7f��.nfm County. The Page 742 of 897 Cmm mm,Nlm mm�m'mlm mmm," mmml mmmm mmmmm o mfmmf�4 for tfmo mmmmf fmmm mm or �� liability,� � o eratio , mf dint n and f �,fmmmff forme rc mmmos Ru ' �� o.mmmmmmmmmmmo�m�� pair, n regmf mmm flo .o moo of tmfm.."ffo f mdh time fluj,. . mm C' Y�mmmmI mofre� mmfo available mm��MANAGER, R, fmm C�f will mme (w1f' MANAGER momumf qmmmmfmmffor omm of ,f0040mcuth rdn)active Ino Dwember 1,Rp 2012 to the date of.mfmmffvery o:f a, CITY mimsued, velfmff.o. f 1.0 .mf,u mfmffo mmf fflmmmofm nm f 111 (11111111"Y'WK, �mmmm ommffmomf ��m �m:7o umf mm �mm dw 'he ml.l mfmmmml, Imfent,a], and disabilitymfm om oom m 1 f.. f 'f;f� m fmlmmf.f pky f"omm and 17mvide the fff ff:. ' f,.,1', mff. ,mmmftfm tv1r. Mm fffmm f,ommmmrmmmm:M fmmil. f ��mmum�mmf�u.moor fmo mfo�o� of .mmmfof m.mmmmv�fmmmmmf"f'fmrm" omNomiu�f �i�mmm�mm be m^fmomm�mn��ffmf.m� f�mm� fmmmf.fm°° J 1.3 CITY andll `,.f f Nfm f'R.,1ff. will mmmm,mmoo mm 811 newssary mmWmMnrl'mm pro mdmm f fm7 the-, fm112m: atio' 'mmf 'City mm � Dim mmm mommll ' r, mo.m m f f MA-,, II I �tl IIS �� M 4 RAD m�mmmN m� � (1CMA-,, f� foram f�f fT dmf �fmff, mmmi�mm�m. m�mtfomm m,m s�mmf f'f��f'Af�ff.� mm��mmm��mm,'�mm mfomm, mm fmmmmmmf e mfofoo°m� f 000mfmmm�mmmmmmtfoo 4mmmf�m°vumo. fo ,mm4ffftfoo tc) the b, c mo°m mmufmmmm, �oomm�. gala to 10,131T f'm�f �'If�. fy „�' CIII�I �fffff m�flmuilfff mm I�f "f �fff'�fff mmm°mmmii�f mmm 4mf�o�mm�mm�mmf to NN 7 f ,' 7,, Amo is Jens, into h ic,, FCM fflf mmmm f f "f:�' ]WAf f f:�lmff s I om�ff, � equal fowm ) fi r m:mm: mmmmm,mmmmmnlmmfo ora f'�o" m'mmmmo f�*ff 'f:�ff�'f"ff°�n� m:of ,�m,mfm,�I mofmµ f�f7° lomm fmm�n f* M. f fAff f R. mf m m , mmmmm to tm o fpm ora om��m fmmfm �f f �.� m mmm p„ f f.4 f ][T f° f' mf,f'f "IlER will =ummmmmf,mmtmm ,inc�tilimmmmil. limrc as provid(A under the m mmfonm and �mmmro�mfmmmm��mmm°mmffumo�mmoo �;m��m,m'mmml �mm!mm �m,� . the rmmm �oIP immfmmmffmmmufu� fm� mmlmmt: fm)mm regulations fm OTYr 11 tmmmmfmmmff, fbT fmmf.f fmili m^mmm p1o,'f yes of the f"1117ff fm,fied fmmmfmne (NADbem 1 f f Iff.f f 1� ro� m fwy MANAGER °ER wµfff mmmcmn,mmmmommfmm o smmmfm feammv as fm mmmmmded mmoffom the rulics mmmmmf regulations for cOcT m mfIIr a�mll omfmfmiu7om'S Immf f ff f fmmofmmmffmmg pay.i;ut fro omm. off sic* [am on hmmmfmm foo fmammmf on the idmium fora°.cmomfmfmmY(1Mm of the f."ffmY 11drad fmmmffmmo Octfkar 1, 1991 f f..4 "f�l'f MANAGER vd!] pay finfmmi mmm ustmtiamm,, travel of ammo ofmofmt mm��wq mmmllmm of ffmo "A m,ff" for mofmmnm im ximmf +and m°mffmmmm f ravel and Encefmo ! s to confinuegliv . fmrm form nrmmm�nnif mfevdimmfmmmlr"mexit OfAble f'1371T II' 4 N:m fff R, m;mm.d to purgue o.wmroumm 7 o cfu.of and other :ffomo omm.s for ffio Iff11'11N including but not f:ftoftexi to , . ..fw� �ffmmmm°m�m�mmmoff, fm7 �fm ff��ommmm Nf4mm, mm�mmmmmmmmnm f mmmofo lmnmmce and razes m�u, I ; f,. ��omm�mfm!m m�mmmm o m�mummmm�ff If mmmmu.fmw�mommmrom� �mmf""�fmm�m fmmm�mm�m�mmmm:f m� o ffmmm fmmfmiu I07dfIm~mmmmmt;fµ Page 743 of 897 Managamimt Assoclaflon, ooff , �. om,;mmefm � ,oe.ef �,��'��,,� ula:, mid local. Drganizations, ofmmµfe groups, and mom'mur°moef .= w1nich the CnT MANAGER,of CITY fro e meoomfiner and as the CITY ma.vi, desilpriate. 1L."f CITY omf'lf 7ef foe tie me e off i, vel o mmf ommfmome eo expenses of f°mme al '7 �eoinses, institutes, 9nd, ecmuaoars 'that imneecsisary 6ms 17.ofessional devicIcTmait and Oregood of t e CITY 11.8 "'IIPbe CITY 'mmmmfff pay foo the fmmofomoefoeef dues and subscq3tions a ffff"'f""' f' MANAGER AGER. eeoeee for bier confinuation and firmff parficipatioin mem mmeffoo,f, m,,cearmr f:, state and. local mmeeoe'feffoomm efomfe groups,camniittees, Eumff oegmeofeefmons n=ssmy, and d.eefoefmle for her confinued fm!oofensional .fmmm ffe'f effomm g. with ee4 advancimmit, e'mm4 for fe good ofthe, Cf "7, meelm mff'mm7 but notlimitw to, ICMA, 'ffCMA, f°O CCM , 12.0 faun mmmmoaf°mfe Husimess.Ernenees 2.1 rf771" will ref�ni' o e C' 11111 yr MANAGER firr all business-r6'fat icofinenees °epoin presentation to ffee 'Ff'mmeoce Dfeeofom o47m4 i, mf.d ee;°f'femmoe e000feem°e, receipts, aWmient o'0 piersional affildiavits. 13.0 Outside AAti 1 I °flee aPj1P1Ui0rjEftWt fmmoeefffeff for by, this Agreement shall be flee .fu'f' .W:1lq'A ff R's fme0007 employment., Recognizing That e ofem outside consulfing oo fewf"omm7; offf' mtt m`ffee '4000fmfe fmmmf':oeot; 'f°mr'eome o C111, 17 yr eo4, the vmm� oo°m:m;memfff � ffine fff MANAGER may, 61ect to accept I:imjW m teaching, eoee7fff or odliee fmmi6neee !liar ;:ommifffemm A m the understanding that such eooam4 meerts mwem'eef mmofffee consfitaftintesfuence, wilh nor e conflict of interest with, fineo. �,.moosmfmfffffe wider this Agreement, f 4„fffmi"i'd.0°mmmm:fffeo7oo 14. 1 Crl''"7” efmmmf'l defend, bold hamiless fmmommmm i, ee4 inidemnify CITY, MA°f4ff!ffffR feed any foo'of„ pcof"oee'i:onral liability i or de7nand. o0 of7aeo legal ee7oe, whoffiner, gmundliess or offi .. f e,, arising o'mmf afan, effegeof i or o1nisision loccuirring in the perfbnnance of f f f" WANAGER. e duties ee f lµ' °Y MANAI �ERr. f III. y ffmu,ef . eflfeee eooffmmomm°mefee and meefffe olof' or emm'ff: or, fmo; 7me emeount of ° 7m@m,;mm44ri:omom'f: e7ofost, O ..ff f 4:ffAG:f llER rendmW 1hereon, if not mm,promised and eefffod. 14.2 CI"T"Y m rr , fhme rffffml: to select, appoint, .eelei , and discharge fe7ef counsel oeem sary to provide 17e lfbMoingilffefinse, f, f m ff 1IIi, :.. din ff Page 744 of 897 CITY y ffmf . q o offmm 'fmommfs mq � �� ' ff�m�� ° limm��mf of!" �wmmml �� If the C" MANAGER under any law, lor ordinance Imlff Other 111"CrAms a Canditionsofo mm.'f �I �ffo "Me CITY has mm fm mmnRW �fi�mq Of f of"�F'Y yin an mmult gm P, mmommf tf mm:f and q all � ym� fm�, mm ilommn of �� I��f U�"� ]WAN C!"1 m11Rf fmmm uffl mf k) Odis fll�„mlmmm mem to fm '" fu ted to, ffmmm Sevmnce and I fmmmmme5:fs set mrdml mmfmommmm. 1,6.2 "'ff ai If': f ff lS fff)q fmm. mmmmmmSUlfimfmomm wifli the'11][ITY MANACHR iRhall fix. sui,cff vp relatingo the V f f � , R, my f ifs imm � id, m�m:ommmmm� I �� f�mmmm� fmm f. f m , f� � � � . mmmu�. 119 AGER, .mmmIdifmomm. mmnle .mmof m.mm mmmmmmstanf with or in wnffmcf mmmmiffm, ffmlmm fmmrovimmmmmY s of 1fjie Agx r mm� aw aky fffmam°tmmm ar, mmmm7, mm'fher .law fmmmf no mffmem tient apmanm'mof that: would inodil'y mandMI, fmmmfmfs is 11mmmurfmmfmffmfmmfo mmf � ucd to wrifng and mommdmmmf md, wfffffmmmmffmffffm as this p 116.3 °'f'fmue are no lusUblisbW fmoun of m mmmfm,: fbr the ff rIlY � fuAffA.fW'mrf f'f.w fbm�lp Cf"SIC"' f°f' m R shall, dedicate herself. to the Imske nommiry mmmy to m f Bial and mulm�m.. mum��m lmm�fmlm�fmm��mm,the to fmIC.mmmmm�m�°m'm� "nic � ��u �� f�mfmmm� u m adjusther f mmmm !iim w v' im ° daysand �mm'm�Vf mf. w momngs, mffmomm ronsunable mumu:mmffmx. fm�m the, f'mavnwf�Smll, 116 ,4 1he CITY Wil .f prommfmlC . the CITY MANA .I GER. mmmfffm mm. laptop croomfmmur cjo� or other .mmm:mler ofm^ f onic mfm vflmos mmmmmf f ' f,mm ft on and off`site bursinims mm.sew f 7.,0Bi „n f g ........................ 171 "fb,mm Agovemmit khall fele bfmmf ing itm time icn "7, and, CITY 'mfAINIAfff "'ff. and the mmmmmes o s, assips, and fm frs Of cmm,m�fm o ��ur:mmof Y, 17.7 I°mmm miff"mmmmff °Imm date shall blm. the, date it m last mmffp med by mfffmmmm ffmo ('111 'Y omm tIbe (117Y "fmf .f 31 3R IS'nd of,4grimment vig, nature pageftollovipw Page 745 of 897 IN WMqESS WifEFMOF, (he pardes isign and exem this .A nen. 6 Ii Woods l .� vsm �u"� �m Ism :,A,ppmlvcd as,�GII?onn: CM MATqAG 4,ADnri 11 VIA GOV I MNTS%BB 30A 900 Llii 2A ATT.1'* ,,,1 AA & yn �l ClIC& Page 746 of 897 12.A. Legal 12/7/2021 Requested Action by Commission: Proposed Ordinance No. 21-031 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. Explanation of Request: This project to update the Sign Code was initiated, in part, as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics flexibility; • Color flexibility; • Flexible Sign Program provisions; • Signage and business trends, and related legal issues (defensibility); • State regulations/preemptions; • Sign setback requirements; • Signage options for secluded industrial pockets; • Changeable copy signage; and • Relief standards or reducing need for variances. Staff has sought input from the various possible "stakeholders" with the placement of notice on the City's website, through presentations to a small group of business leaders from the County's Business Development Board and the Chamber's Governmental Affairs Committee, and e-mailed a notice to 16 sign contractors from the City's permit records, providing a project description and instructions for obtaining the draft changes and providing comments. The various proposed amendments have been organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and "Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or "sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility. The most notable amendments are grouped and listed as follows, with more detailed description of each available in the attached staff report: Page 747 of 897 Sign Options • EMC (aka electronic message centers or digital signs) • "A"- frame signs, canopy signs (body) and deregulating canopy sign rules • Industrial Subdivision Signs, and gas pump canopy signs Flexibility & Visibility • Allow internally -illuminated signs in residential zones • Excluding design enhancements from height measurement • Increasing wall sign area for small buildings • Minimum sign setback standards • I ncentivizing the use of awning signage • Neighborhood signage (planned communities) • Expanding sign color options for non -trademarked businesses • Sign program flexibility and • Signage options for secluded industrial subdivisions Other • Regulating standards for Human Signs • Regulating of historic marker sign and public art markers and signs • Appropriate landscaping requirements for signs • Encouraging/Incentivizing the use or updating of a sign program and • Removal of signs for abandoned businesses Clean-up/"House-keeping". • Exemptions for City signage • Emergency order relief provisions • Relocation of the mural regulations • Regulating miscellaneous items occasionally used to attract attention to a business and • Clarification of the review process for signage See the accompanying staff report for additional summaries of the proposed amendments, or attached Article IV. Sign Standards with the proposed edits shown in crossed -out and underlined text. The Planning & Development Board reviewed this item at its November 24th meeting and forwards it with recommendation for approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Page 748 of 897 Grant Amount: Attachments: Type OrdinainCE) Staff IRE)port OthE)r Description Ordinal['IC2, ArTIE)inding I UIR Sigin Staindairds Staff IRE)port Staff Flir'E)SE)intaboin Page 749 of 897 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 4 ENTITLED "SITE DEVELOPMENT STANDARDS," ARTICLE IV ENTITLED "SIGN STANDARDS," AMENDING SECTION 1, ENTITLED "GENERAL," SECTION 2, ENTITLED "CITY APPROVAL REQUIRED," SECTION 3, ENTITLED "PROHIBITED SIGNS," SECTION 4, ENTITLED "STANDARDS," SECTION 5, ENTITLED "COMMUNITY DESIGN," SECTION 6, ENTITLED "SIGN PROGRAM," SECTION 79 ENTITLED "NONCONFORMING SIGNS," SECTION 8, ENTITLED "SIGNS AT ABANDONED BUSINESSES;" REPEALING CERTAIN PROVISIONS, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff periodically reviews the Code of Ordinances of the City and makes recommendations to the City Commission to revise its Ordinances; and WHEREAS, the City Staff recommends that the City Commission modify and update certain sign regulations in the City's Code of Ordinances; and WHEREAS, the City Commission finds and determines that these sign regulations are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians in order to maintain safe roadway conditions for the general public; and WHEREAS, the City Commission finds that these sign regulations are intended to regulate signs in a manner to protect the public from the dangers of unsafe signs by requiring signs to be constructed, installed and maintained in a safe and satisfactory manner; and WHEREAS, the City Commission intends for these amendments to be interpreted and applied in a manner that is content neutral; and 100483112.1306-90018211 Page 750 of 897 36 WHEREAS, the City Commission of the City of Boynton Beach has determined that 37 it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to 38 approve the amendments to the Land Development Regulations as contained herein. 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section 1. The foregoing whereas clauses are true and correct and are now ratified 42 and confirmed by the City Commission. 43 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 44 "Site Development Standards", Article IV, "Sign Standards", are hereby amended as follows: 45 Chapter 4. Site Development Standards 46 Article IV. Sign Standards 47 48 Sec. 1. General. 49 A. ,Short Title. This article shall hereafter be known and cited as the "City Sign Code." 50 B. Purpose and Intent. The purpose of this article is to set forth the regulations for the use 51 of signs within the city's jurisdictional limits for site identification, communication, and 52 advertisement. It is the intent of this article to promote the health, safety, convenience, 53 aesthetics, morality, and general welfare of the city by regulating signs in order to meet the 54 following objectives: 55 1. Identification. Promote and aid in the identification and location of an establishment, 56 organization, or neighborhood; 57 2. Aesthetics. Preserve the beauty and unique character of the city by protecting it from 58 visual blight and providing a pleasing environmental setting and community appearance, 59 which is deemed vital to the attraction and retention of business and commerce; 60 3. Land Values. Protect property values by assuring the compatibility of signage with 61 surrounding land uses; 62 4. Safety. Promote general safety and protect the general public from damage or injury 63 caused by, or partially attributed to, the distractions, hazards, and obstructions that result 64 from improperly designed, constructed, maintained, or located signs; 65 5. Compatibility. Ensure that signs are compatible with the surrounding built 66 environment, including adjacent architecture and neighborhoods, and they compliment each 67 other rather than detract from one another; and 68 6. Sustainability. To promote signage and support structures that employ sustainable 69 designs and technologies with respect to their constriction, maintenance, and operation (e.g. 70 recycled materials, energy efficient, low energy usage bulbs, etc.). 100483112.1306-90018211 2 Page 751 of 897 71 C. Administration. The Development Director of Planning and Z^nun or designee shall 72 have the authority to interpret and administer this article. 73 D. Applicability. The provisions of this article shall be considered the minimum 74 standards and are applicable to all new signs constricted or displayed after the date of 75 enactment of these Regulations or modification to signs which were permitted prior to the 76 date of adoption of these Regulations. During a declared emergency y the City Manager, 77 there may be temborary relief from the enforcement of this section. 78 E. Exemptions. The permitting requirements and/or standards of this article shall not 79 apply to the following signs however, such signs may be subject to other provisions of 80 these Land Development Regulations: 81 1. Address Sign. A non -illuminated sign, which indicates the address of the site, 82 provided it does not exceed two (2) square feet in area. The sign shall comply with the 83 standards of Section 4.A.9. below. 84 2. Residential Yard Sign. A non -illuminated sign with non-commercial copy located in 85 any zoning district, provided it does not exceed three (3) square feet in area. If proposed as a 86 freestanding structure, the sign shall not be greater than four (4) feet in height and must be 87 located within five (5) feet of a building on a lot; or if there is no building on the lot, the sign 88 must be located at least ten (10) feet from any property line. A Residential Yard Sign is 89 prohibited on undeveloped property and on forward of the front setback line. 90 3. Nameplate or Identification Plaque. A non -illuminated nameplate or identification 91 plaque provided it does not exceed two (2) square feet in area. The plaque shall comply with 92 the standards of Section 4.C.1�6. below-, except that those plaques used to identify historic 93 properties as part of the City's Historic Preservation Program and plaques to identify public 94 artworks and murals as part of the City's Public Art Program, are exempt from the standards 95 of this section. 96 4. Temporary Real Estate Sign. A non -illuminated temporary real estate sign provided 97 it is five (5) square feet or less in area. However, this sign shall comply with the standards 98 of Section 4.13.1. below, which regulates the minimum required setback, allowable location, 99 and maximum size and height. No temporary real estate sign is allowed within a public 100 right-of-way because it would be considered an off -premises sign and is therefore prohibited 101 pursuant to Section 3.K. below. 102 5. Temporary Political Sign. A non -illuminated temporary political sign provided it is 103 less than thirty- two (32) square feet in area. However, this sign shall comply with Section 104 4.13.5. below, which regulates the minimum required setback, allowable location, and 105 maximum size and height. No temporary political sign is allowed within a public right -of - 106 way because it would be considered an off -premise sign and is therefore prohibited pursuant 107 to Section 3.K. below. 108 6. Transit Shelter Sign. A sign located on a transit shelter provided it complies with 109 Section 4.D.2. below and the Building Official determines that compliance with the Florida 110 Building Code is not required. 111 7. Civic/Government General Informational Sign. A sign which is deemed necessary 112 by an appropriate city department or public agency and consisting of non-commercial copy, 113 intended for safety, welfare, or informational purposes. This sign typically includes 1) 114 information pertaining to current or future public improvements and events; 2) traffic, 100483112.1306-90018211 Page 752 of 897 115 railroad crossing, wayfinding, commemorative, and other governmental signage; 3) legal 116 notices, public hearings, and other temporary and non -emergency related signage; and 4) 117 signage identifying caution, danger, or emergency situations. 118 8. Municipal/Government Buildings & Facilities. Signs identifying temporary or fixed 119 city administrative offices, civic buildings, emergency and utility/suport facilities. 120 9. City Coordinated/Authorized Business Signage. This could include Industrial 121 Subdivision signage that is in collaboration with the City and that furthers city economic 122 development objectives or initiatives by promoting business retention and attraction. 123 Signage may be placed on city or public property subject to aplicable permitting 124 requirements and agreements. Also see Section 4.C.14 for Industrial Subdivision Signage. 125 10. Civil Event Signage — Signs identifying temporary events held by or sponsored by 126 the City or the Community Redevelopment Agency_ 127 8.11. Changing the Copy of a Manual Changeable Copy Sign. Manual changeable copy 128 signs may be allowed as an accessory component to a primary or secondary monument sign 129 pursuant to Section 4.C.2.h. below. The changeable copy portion of a monument sign is 130 exempt from the permitting requirements of this article, provided that such new copy 131 complies with the standards of this article. 132 12. Sign Walkers. A sign held, worn, or operated for the purposes of advertising or 133 otherwise drawing attention to an individual, business, commodity, service or product. A 134 sign walker may also be referred to as a human sign. A permit is not required. 135 Note: In the event any word, sentence, clause, or other portion of this section is 136 determined invalid, then any sign otherwise allowed by this section shall comply with the 137 requirements set forth in this code as if this section was never enacted. 138 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and 139 definitions which pertain to the regulations and standards contained herein. 140 G. Conflict. Whenever the regulations and requirements of this code conflict with any 141 other lawfully enacted and adopted riles, regulations, ordinances, or laws, the most 142 restrictive shall apply, unless otherwise stated herein. 143 H. Severability. Except as for otherwise provided in Section 1.G., Section 3, and Section 144 4, should any section, subsection, paragraph, sentence, clause, phrase, or other part of this 145 article be declared by a court of competent jurisdiction to be invalid, such decision shall not 146 affect the validity of this article as a whole or any article, section, subsection, paragraph, 147 sentence, clause, phrase, or word thereof, other than that so declared to be invalid. 148 L Relieffrom ,Standards. Unless described otherwise in this Article, any deviation from 149 the sign standards contained herein shall require approval of a variance application, which is 150 subject to review and approval by the City Commission. Any request for a variance shall be 151 reviewed in accordance with Chapter 2, Article 11, Section 4.D. No variance may be granted 152 for any sign expressly prohibited by this article. The City Commission; however, may grant 153 a variance if it finds that the unusual shape or topography of the property or other mitigating 154 factors (e.g., required landscape buffers), prevent signage allowable under the provisions of 155 these Regulations from adequately identifying the business or other activity located on such 156 property. The City Commission may only grant a variance to the following: 157 1. Required Setback. Allow a setback less than that required under the chapter; 100483112.1306-90018211 Page 753 of 897 158 2. Sign Area or Height. Allow the area and/or height of a sign to be increased by tip to 159 twenty-five percent (25%) of the maximum allowable height or area; or 160 3. Number of Signs. Allow the number of signs to be increased over the maximum 161 allowed by this code. 162_n Standard Jnr Oi)erla tones. .see Ch iter ::3. Zonino Article 111 ,section <5' car ........ 163 additional s tandar d„ all licahle to hrrsine s si< nab within the Over Ly Lone, K�Z th 164 r� de�Jel �l ment area. landau cls rra�l�letnew r ecommem atronS �t ''he �'onitn' it 165 Redevelol tL�r at /)Ian and when in conflict with any standards in this Articleytl�e overlar� 166 nrevail. 167 Sec. 2. City Approval Required. 168 No signs, including support structures shall be erected, altered, displayed, or modified on 169 private property, public lands, or within city rights-of-way without first securing the 170 necessary city approvals and permits as provided hereunder, except in instances when 171 exempt from these Regulations pursuant to Section I .E. above. The following processes and 172 permits are intended to ensure that all signage complies with the standards of this article: 173 A. ,Site Plan Review. Except for individually platted lots containing single-family and 174 duplex homes located within single-family and two-family residential zoning districts, the 175 site plan review process shall be required and reviewed in accordance with the procedures 176 set forth in Chapter 2, Article II, Section 2.17. prior to the issuance of any sign permit to erect 177 a new sign to be used for the first time. For the purposes of this subsection, the term "site 178 plan" is construed to include master site plan and technical site plan applications. 179 B. Sign Permit. The sign permit process shall be required, and initiated only subsequent 180 to the approval of a site plan application, except in those instances when site plan review is 181 not required. The sign permit application shall be processed in accordance with the 182 procedures set forth in Chapter 2, Article II, Section S.A., unless the Building Official 183 determines that compliance with the Florida Building Code is necessary. In these instances, 184 the sign permit shall be processed in accordance with the procedures set forth in Chapter 2, 185 Article IV, Section 3. Any sign, including the support structure, which is erected, altered, 186 displayed, or changed without a sign permit is considered an illegal sign, and shall be subject 187 to the penalties set forth herein. Any sign proposed within a city right-of-way shall require 188 approval from the Engineering Division. The issuance of a sign permit shall not relieve any 189 party from obtaining the necessary permits which may be required by the various federal, 190 state, or local government agencies. 191 Sec. 3. Prohibited Signs. 192 The following signs and related equipment are prohibited in all zoning districts, unless 193 otherwise stated herein: 194 A. Noise Sign. Any sign that produces noise or sounds capable of being heard (excluding 195 voice units at drive-through facilities) and those which emit visible smoke, vapor, particles, 196 or odor. 197 B. Animated or Fluttering Sign. Any sign with visible moving, revolving, flashing, or 198 rotating parts or visible movement of any kind. 199 C. Motion Picture or Video Sign. Any sign with motion picture or video mechanisms 200 used in such a manner as to permit or allow images. This section does not U121v to motion 100483112.1306-90018211 Page 754 of 897 201 pictures or video mechanisms that are part of a public artwork as aproved by the Art 202 Advisory Board. 203 D. We stg �eWeFs �A'44 204 205 206 , 207 208 209 210 211 . 212 L -D. Mobile ,Sign. Any sign not permanently attached to a wall, ground, or any other 213 approved supporting structure, or a sign designed to be transported, such as signs transported 214 by wheels, mobile billboards, "A -frame" or sandwich type, sidewalk or curb signs, and 215 unanchored signs, except where otherwise stated in this article. 216 EE. RoofSign. Any sign erected, placed, or affixed 1) to the slope of a hip or gable roof, 217 2) above the roofline or parapet wall; or 3) on rooftop structures, including but not limited to 218 mechanical enclosures, mechanical equipment, or chimneys. All signs shall be located a 219 minimum of six (6) inches below the top of the mansard or parapet wall, where applicable. 220 GF. Snipe Sign. Any sign that is tacked, nailed, posted, pasted, glued, or otherwise 221 attached to trees, poles, stakes, fences, trailers, or other supporting structures, except where 222 otherwise stated for in this article. 223 14G. Painted Wall Sign. Any sign painted on or attached to a wall, excluding murals, which 224 are reviewed and approved by the 225 mon Art Advisory Board. A mural is not a painted wall sign, if determined to be a 226 work of art by the Art Advisory Board. 227 TI. Unauthorized Sign. Any sign that has not been properly permitted by the city but 228 located on property owned by or under control of the city. 229 R. Non -Geometric Sign. Any sign structure, shaped to depict figures or demonstrative 230 shapes used to attract attention to the business activity with which the sign is associated, 231 excluding an under canopy or blade sign regulated in accordance with Section 4.C. below. 232 J. Of Sign. Any temporary or permanent off -premises sign, including 233 billboards but excluding those types of signs which may be allowed in limited instances in 1234 accordance with this article, including irectio>nal sig p„4gg;e,gE Industrial Subdivision Signe 235 (See Section 4.C. Permanent SiunaLe.) 236 EK. Other. 237 1. Signs attached to or painted on fire escapes, television antennas, satellite dishes, 238 utility poles, or any other associated structure. 239 2. Signs or sign structures supported by visible guy wires, cables or where there is 240 visible electrical conduit. 241 3. Any balloons, pennants, streamers, objects or figures of any shqpe or the like shall be 242 prohibited if used as a permanent display or temporary sign or as a means of directing 243 attention to any establishment or organization, or to a commodity or service sold, offered, or 100483112.1306-90018211 Page 755 of 897 244 manufactured. The elements described in this section do not contribute to the function or 245 aesthetics of the site, excluding site features approved through the site plan reviewrop cess, 246 and/or approved by the Arts Advisory Board. 247 4. Any stationary or revolving light (beacon) which flashes or projects illumination, 248 single -color or multi -colored, in any manner which is intended to attract or divert 249 attention. This does not include any lighting required by the Federal Aviation 250 Administration (FAA) or similar agencies. 251 5. Any sign which advertises a home-based business (home occupation), excluding 252 those allowed in conjunction with a live/work unit and the corresponding regulations. 253 6. Any illuminated sign designed with bare bulbs, exposed neon tubing, or similar 254 technology, which is not shielded and therefore leaving it exposed and directly visible, 255 except for when used as a window sign and regulated in accordance with Section 5.C.6. 256 below. Neon gibing, bare bulbs, miniature lighting, and similar technologies shall not be 257 used to illuminate or outline building fagades, storefronts, door openings, window, or 258 window displays pursuant to Chapter 4, Article VII, Section S.E. 259 7. Any pylon sign as defined in Chapter 1, Article II. 260 8. Any sign and/or sign structure which does not meet all the criteria set forth in this 261 article. 262 Note: In the event any word, sentence, clause, or other portion of this section is 263 determined invalid, then any sign otherwise prohibited by this section shall comply with the 264 requirements set forth in this code as if this section was never enacted. 265 Sec. 4. Standards. 266 A. General. The following general standards shall apply to all signs city-wide 267 1. Sign Content. 268 a. Obscene. It shall be unlawful for any person to display upon any sign or other 269 advertising structure any obscene or indecent matter. No sign shall display any statement, 270 word, character, or illustration of an obscene nature, as defined by F.S. Chapter 847, as may 271 be amended from time to time. 272 b. Misleading. It shall be unlawful for a person to display false or misleading 273 statements upon signs, intended to mislead the public as to anything sold, any services to be 274 performed or information disseminated. The fact that any sign or display shall contain 275 words or language sufficient to mislead a reasonable and prudent person in reading same, 276 shall be prima facie evidence of a violation of this section by the person displaying the sign 277 or permitting same to be displayed. 278 c. Non-commercial Copy. Any sign authorized in this article may contain non - 279 commercial copy in lieu of any other copy. However, in non-residential zoning districts, the 280 area of a sign containing non-commercial copy shall be construed to count towards the total 281 signage area allowed for the sign type that it most closely resembles. Any sign allowed 282 under this article may contain, in lieu of any other message or copy, any lawful non - 283 commercial message that does not direct attention to a business operated for profit, or to a 284 product, commodity or service for sale or lease, or to any other commercial interest or 285 activity, so long as said sign complies with the size, height, area and other requirements of 286 this article. Page 756 of 897 287 2. Computation of Sign Area. The sign area shall be expressed in square feet for each 288 sign face. The area of each sign shall be computed as follows: 289 a. Designed as a Freestanding Sign. The total square footage of a sign face is 290 calculated by multiplying the height by the width of a regular rectangular area which 291 encompasses the entire sign face area exclusive of structural supports. When designed as 292 double-faced or multi -faced freestanding sign, the area for a sign with more than one (1) face 293 shall be computed by adding together the area of all sign faces visible from any one (1) 294 point. For multi -faced signs, the area shall be computed by the measurement of one (1) of 295 the faces when: 296 (1) Two (2) identical faces are placed back-to-back so that both faces cannot be 297 viewed from any point at the same time; and 298 (2) Such sign faces are part of the same sign structure and there is no more than a 299 forty-five (45) -degree angle between the faces. 300 b. Affixed to a Building Fagade, Fence, or Wall. The area of a sign face shall be 301 computed by means of the smallest square, circle, rectangle, triangle, or combination thereof 302 that will encompass the extreme limits of the writing, representation, emblem, or other 303 display, together with any material or color forming an integral part of the background of the 304 display or used to differentiate the sign from the backdrop or structure against which it is 305 placed, but not including any supporting framework, bracing, or decorative fence or wall 306 when such fence or wall otherwise meets zoning ordinance regulations and is clearly 307 incidental to the display itself. The background area of a wall or fagade on which a sign is 308 affixed shall be excluded from the computation of sign area unless the color(s) and/or 309 material(s) of the wall or fagade is such that it visually appears or contributes to the effect of 310 a sign or that it explicitly distinguishes itself as different or unique from the greater and 311 remaining portion of the building fagade, fence, or wall. 312 (1) Individual Letters. If a sign consists of individual letters, each attached directly 313 to a building or structure without a change in background color, the area of the sign shall be 314 measured by the area of the smallest rectangle or series of contiguous rectangles that enclose 315 all letters or non -word depictions. In addition, the horizontal separation of words shall not 316 exceed twice the maximum letter height. The maximum vertical separation of words shall 317 not exceed sixty percent (60%) of the maximum letter height. 318 (2) Panel or Cabinet Style. If a sign is designed as a panel or cabinet style sign, the 319 total area, including background is included. 320 3. Cross Visibility and Safe -Sight. 321 a. Purpose and Intent. The purpose of this subsection is to promote safety in the 322 placement of freestanding signs (as defined in Chapter 1, Article 11) and those signs posted 323 to freestanding structures where in close proximity to rights-of-way, off-street parking areas, 324 and other vehicular use areas. The intent is to ensure safe and unobstructed views for both 325 pedestrians and motorists. 326 b. Standards. The "safe -sight triangle" is the triangular-shaped area described by 327 the Engineering Design Handbook and Construction Standards (EDHCS). All freestanding 328 signs shall comply with the following cross visibility and safe -sight standards: 329 (1) Visibility at Driveway Openings onto Rights -of -Way or between 330 Properties. Unobstructed cross visibility shall be maintained in the safe -sight triangle where 100483112.1306-90018211 Page 757 of 897 331 parking lot driveway openings and access points occur along rights-of-way or between 332 individual properties. All freestanding signs may be allowed within the safe -sight triangle 333 provided that unobstructed cross -visibility is maintained thirty (30) inches above the 334 pavement, measured from the abutting right-of-way or cross -access drive, whichever is 335 applicable. 336 (2) Visibility at Corners of Rights -of -Way. Freestanding signs shall not obstruct 337 cross visibility within twenty-five (25) feet of the intersection of two (2) right-of-way lines 338 pursuant to Chapter 4, Article VIII, Section 3.C.4.u. 339 (3) Visibility along State Roads. The placement of a sign shall not cause any traffic 340 line -of -sight obstruction and must comply with the visibility requirements of Florida 341 Department of Transportation (FDOT) Standard Index No. 546 or the latest supplement 342 thereof. 343 4. Traffic Hazards. No sign or structure authorized by this article shall be designed 344 and/or erected in such a manner to obstruct free and clear vision; to be confused with any 345 authorized traffic sign, signal, or device; or to otherwise confuse motorists or pedestrians by 346 reason of its position, shape, color, or content. For example, signs which may be confused 347 with authorized traffic signs, signals, or devices may include but are not limited to those 348 which makes use of the words "stop", "look", "danger", or any other word, phrase, symbol, 349 or character that interferes with, misleads, or confuses motorists. Furthermore, no sign shall 350 be erected, constricted, or maintained so as to obstruct any fire fighting equipment or 351 infrastructure, unless otherwise approved by the Fire Maf:shal Chief. 52 5 Setbacks (�linim�.�m .. 1�.7nless stated �>�t��erwise in this �r�ticle. si ins shall be setback at. 53 1 t t ;l (l 0) feet fr�>m all pert ly u es. measaured fr�>m tl�erwerty line to the closest 54 s�u� f c ...of tl� :...su n F lee minianun-ti setba� l� ma be reda;uced to five 5 feet b the 55 1 evel�>,hmeui...t ir.e t;�>u ou ;es,u„ nee. if determiuued that, the red�..cti�>uu is '�.stilued f�>r ��. r pose �>f 56 vusubuluor other articles in the .I[...,and. 57 1 ..e hment:.l e.In.flations that. ma relateto stian desi ni S,eci�fucall . 58 e loc4tuou o F tlie sugp sly >auld n > lie within he clean sate l;u ale of drivew sand roadw 59 unteyse�„tuoublock,._views lo tra l uc control s,ugn ge,» Daus,,,,,,stol�s,,,,uesau.lt,_un the_elumunation of 60 hlogect...ndshul„ �>r amenities or conflict with the intended streetsca)e end�edestrin 61 environment... 362 .r�rEi. Wind Load. All signs and other advertising structures shall be designed and 363 constricted to withstand weather conditions, wind and dead loads as required by the Florida 364 Building Code or other ordinances of the city. 1365 67. Unlawful or Unsafe Signs. If it is determined that any sign, or structure supporting 366 a sign, regulated herein is unsafe or is a menace to the public, or has been constricted or 367 erected or is being maintained in violation of the provisions of these Regulations, the city 368 shall give written notice to the owner thereof. If the owner fails to remove or alter the sign 369 or structure so as to comply with the standards set forth herein within the time prescribed in 370 the notice, such sign or structure may be removed or altered to comply by the city at the 371 expense of the permittee or owner of the property upon which the sign or structure 372 supporting the sign is located. The city may cause any sign or structure supporting a sign 373 which presents a direct and immediate peril to persons or property to be removed without 374 notice to the property owner. 100483112.1306-90018211 Page 758 of 897 1375 '7-, .. Maintenance. The owner of any sign and structure supporting a sign, as defined and 376 regulated by this article shall be required to properly maintain such sign and structure. For a 377 sign to be properly maintained, the sign, together with its framework, braces, angles, or other 378 supports shall be in a safe condition, properly secured, supported and braced. 1379 .. Overhead Clearance. A sign projecting over a pedestrian walkway shall maintain a 380 minimum overhead clearance of nine (9) feet in height. A sign projecting over a vehicular 381 use area shall maintain a minimum overhead clearance of fourteen (14) feet — six (6) inches 382 in height. 1383 410'. Property Address. All properties shall be identified with the respective property 384 address pursuant to City Code of Ordinances Part II, Chapter 10, Article IV (Property 385 Maintenance Requirements). In addition, the following sign standards shall apply: 386 a. Size. The numbers and/or letters associated with each address shall consist of 387 characters which are four (4) inches for residential properties and six (6) inches for multi - 388 family or non- residential properties. 389 b. Computation of Sign Area. Numbers and/or letters, which are associated with the 390 address of the property, shall not count towards the total signage area of the sign. An 391 address sign, designed in accordance with paragraph "a" above and Section 1.E.1. above, 392 shall be exempt from the permitting requirements of this article. However, any sign that 393 contains the property address and is larger than two (2) square feet in area shall require a 394 sign permit. This sign shall be regulated by the standards for the type of sign with which it 395 most closely resembles. 396 c. Location of Address on Monument Signs. The property address shall be included 397 on each monument sign. The location of the address shall be1p aced eek at the top of 398 the sign and visible from abutting rights-of-way. 399 10 Illuminated Signs. 400 a. National Electric Code. All illuminated signs shall be subject to the provisions of 401 the National Electric Code. Signs that are illuminated from an exterior source shall be 402 designed and/or shielded in such a manner so that no direct source of light is visible from 403 off-site. 404 b. Prohibition in Residential Zoning Districts. All internally -illuminated signs are 405 prohibited in residential zoning districts except for an internally -illuminated sign that abuts 406 a collector or arterial roadway.Signs may be uplit from dusk until dawn but in no case shall 407 the uplighting spill over or glare onto adjacent properties. The uplighting shall not be 408 excessive to the extent that it would be incompatible with the existing lighting levels within 409 the surrounding homes and neighborhoods. 410 c. Illumination Level. Illuminated signs, support structures, and external lighting �411 sources shall not create conditions of glare_.L)ar[ig.flarly visNe from residential land rases or 412�assin and must be designed to further the objectives of this article as they 413 relate to safety, function, energy usage, and aesthetic value. In multiple -tenant 414 developments, the illumination level of each sign must be consistent with each other (and 415 abutting properties) and no one (1) sign shall be conspicuously brighter than the other so as 416 to draw more attention to it. The illumination levels of signs within single -tenant 417 developments shall be compatible with the lighting levels of signage on abutting properties. 100483112.1306-90018211 10 Page 759 of 897 418 d. Neon Tubing, Bare Bulbs, and Miniature Lighting. Neon, bulbs, miniature 419 lighting, CRT, LED, LCD, and similar technologies may be utilized as a component of any 420 internally -illuminated sign permitted in this article. However, the light source of all such 421 signs, excluding window signs, must be completely shielded. See Section 5.C.3. below for 422 additional community design standards regarding internally -illuminated window signs. 1423 l...2. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, 424 Article III, Section 12.13. for additional regulations regarding signs and CPTED guidelines. 425 Note: In the event any word, sentence, clause, or other portion of this section is 426 determined invalid, then any sign otherwise allowed by this section shall comply with the 427 requirements set forth in this code as if this section was never enacted. 428 B. Temporary ,Signs. It shall be unlawful to affix, erect, locate, or maintain any 429 temporary sign off -premises unless otherwise authorized under this subsection. Temporary 430 signs shall be allowed in accordance with the following provisions: 431 1. Real Estate Sign. A temporary real estate sign is allowed on private property for the 432 purpose of advertising the sale or lease of such property. The sign(s) shall comply with the 433 following standards: 434 435 436 437 438 439 440 441 442 443 444 445 a. Maximum Number, Size and Height (Table 4-11). Project Size Sign Area (Aggregate) — Sign Height — Number of Signs — Maximuml Maximum Maximum Single-family and multi -family (less 5 s.f. 6 feet 1 per street frontage than 10 dwelling units) Multi -family (10 dwelling units or 16 s.f. 6 feet 1 per street frontage more) All non-residential developments2 16 s.f. 6 feet 1 per street frontage Based upon the aggregate signage area of all temporary real estate signs located within a particular lot or development. 2 For the purpose of this subsection, non-residential districts include commercial, industrial, mixed-use, and miscellaneous zoning districts. b. Setbacks. A teffi ef: f:eal estate s g- that is ii ,,.,,.ess e f five (5) ,,,,,,,,r„ Beet ii area Shall be Setb ek ., „,;,,;,,,,,,,, Of to„ (1 0) feet f )t all pr -.,petty lines See Section 4 A .. c. Exemptions. A temporary real estate sign that is five (5) square feet or less in area is exempt from the permitting requirements of this article pursuant to Section 1.E.4. above. d. Duration. A temporary real estate sign permit shall be valid for one hundred eighty (180) days. 446 e. Prohibited in Required Landscape Strip. A temporary real estate sign is not 447 allowed within the required landscape strip that abuts a right-of-way. See Chapter 4, Article 448 II, Section 4 for additional standards regarding landscape strips abutting rights-of-way. 449 2. Project Development Sign. 450 a. General. A temporary project development sign or banner is allowed on properties 451 located within planned and multi -family residential zoning districts, and for all non - 100483112.1306 -90018211 11 Page 760 of 897 452 residential developments, for the purpose of describing the anticipated development during 453 the constriction process. This signage typically identifies the proposed name of the 454 development and basic information, such as its pricing, square footage, projected completion 455 date, identification of major tenants, and the like. It may also consist of graphics, such as 456 illustrations of the subject development. 457 b. Maximum Number, Size and Height (Table 4-12). A project development sign or 458 banner is allowed as a freestanding structure or it may be affixed to a temporary constriction 459 trailer. The following standards shall apply: Project Size Sign Area (Aggregate) — Sign Height — Number of Signs — Maximum Maximum Maximum Less than 10 125 s.f. 15 feet 12 acres Greater than 10 250 s.f. 15 feet 23 acres 460 461 ` If affixed to the side of the temporary constriction trailer, the sign or banner shall not be 462 greater than fifteen (15) feet in height or exceed the height of the trailer, whichever is less. 463 2 A second sign or banner may be allowed if warranted by unique circumstances, such as 464 the number of street frontages or access driveways; however, the aggregate signage area 465 shall not exceed one hundred twenty-five (125) square feet within a particular development. 466 3 Additional signs or banners may be allowed if warranted by unique circumstances, such 467 as the number of street frontages or access driveways, provided the aggregate signage area 468 between all signs and banners do not exceed two hundred fifty (250) square feet within a 469 particular development. 470 c. Duration. The temporary project development sign permit shall be valid for one 471 hundred eighty (180) days. No permit shall be issued until a site plan has been approved for 472 the development. For the purpose of this subsection, the term "site plan" is construed to 473 include master site plan and technical site plan applications. The sign or banner is subject to 474 removal if constriction has not commenced or is substantially abandoned, as evidenced by a 475 lack of inspections and/or other pertinent conditions. The sign or banner shall be removed 476 prior to final building inspection. 477 3. Constriction Sign. 478 a. General. A temporary constriction sign or banner is allowed on all properties 479 during the constriction period for the purpose of advertising the active participants and 480 stakeholders of a project. This signage typically identifies the names and phone numbers of 481 associated developers, planners, architects, engineers, contractors, subcontractors, financiers, 482 and the like. 483 b. Standards. At constriction sites, a temporary constriction sign or banner is 484 allowed to be installed in accordance with the following methods: 1) on the temporary 485 security and safety fencing or other types of barriers that are required and approved by the 486 Building Official; 2) as a freestanding structure; or 3) affixed to a temporary constriction 487 trailer. The sign or banner shall not exceed thirty-two (32) square feet in area or be greater 488 than six (6) feet in height. However, if affixed to the side of a constriction trailer, the height 100483112.1306-90018211 12 Page 761 of 897 489 of the sign or banner shall not be greater than fifteen (15) feet or exceed the height of such 490 constriction trailer, whichever is less. 491 c. Duration. The temporary constriction sign permit shall be valid for one hundred 492 eighty (180) days. No permit shall be issued until an application is submitted for a 493 constriction -related permit. The sign or banner is subject to removal if constriction has not 494 commenced or is substantially abandoned, as evidenced by a lack of inspections and/or other 495 pertinent conditions. The sign or banner shall be removed prior to final building inspection. 496 d. Temporary Security Fencing. Temporary security fencing around constriction 497 sites may contain screening material enhanced with lifestyle graphics, images, pietOfals 498 pictorials, wraps, photographs, or a combination thereof. However, the screening materials 499 shall not conflict with the original intent for such fencing, mesh, or related materials, which 500 is to offer protection from dust, debris, and other airborne particulate matter (pursuant 501 to Chapter 3, Article V, Section 2.17.). See Section 5.C.1. below for additional community 502 design standards regarding lifestyle graphics on temporary fencing and barriers around 503 constriction sites. 504 4. Banners. 505 a. New Development 506 (1) A temporary banner, not to exceed twenty (20) square feet, is allowed for a 507 maximum of one (1) year for a new multi -family residential development or non-residential 508 use. The permit to allow for such banner shall only be issued once a certificate of occupancy 509 has been approved for the project. 510 (2) For multi -family residential developments and projects located in mixed use 511 zoning districts, an additional banner of equal size and shape may be allowed, provided that 512 both are placed at the main point of vehicular ingress/egress. This placement and symmetry 513 may be repeated at one (1) project entrance per frontage with a maximum number of two (2) 514 banners per entrance and maximum height of fifteen (15) feet. 515 b. Existing Development. A temporary banner, not to exceed twenty (20) square feet, 516 is allowed for existing multi -family developments and non-residential uses. This banner is 517 allowed for a maximum of ninety (90) days within a one (1) -year period. 518 c. Landscaping. Banners, if placed within the landscape strips abutting rights-of-way 519 or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these 520 instances, banners shall be placed behind the shrub line and their location must comply with 521 the cross visibility and safe sight standards of Section 4.A.3. above. 522 d. Miscellaneous. All banners, regardless of location, shall be removed within twelve 523 (12) hours upon the posting of a tropical storm or hurricane watch. Banners may be used in 524 the following types of temporary signage: 1) project development signs; 2) constriction 525 sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Special Event 526 sign. The provisions of this subsection do not apply to the aforementioned type of 527 temporary signs. See the appropriate subsections of Code and their respective regulations 528 for each type of aforementioned sign. 529 5. Political Sign. With consent of the property owner, a temporary political sign is 530 allowed on private property during the period preceding any local, state, or national 531 election. No political sign is allowed within rights-of-way or on city -owned property. In 532 addition, political signs shall meet the following standards: 13 Page 762 of 897 533 534 a. Maximum Number, Size and Height (Table 4-13). 535 Project Size Sign Area (per Sign Area Sign Height — Number of sign) — (Aggregate) — Maximum' Maximum Signs — Maximum Maximum' Single-family and multi- 5 s.f. 20 s.f. 4 feet Multiple family (less than 10 dwelling units) Multi -family (10 5 s.f. 32 s.f. 4 feet Multiple dwelling units or more) Non-residential 5 s.f. 32 s.f. 4 feet Multiple developments (less than 5 acre S)3 Non-residential 32 s.f. 75 s.f. 6 feet Multiple developments (5 acres or more)3 536 537 ` Based upon the aggregate signage area of all temporary political signs located within a 538 particular development. 539 2 A development is allowed to have multiple signs. However, the total aggregate signage 540 area shall not exceed the maximum allowed within that particular development. 541 3 For the purpose of this subsection, non-residential districts include commercial, industrial, 542 mixed use, and miscellaneous zoning districts. 543 b. Setbacks. A temporary political sign that is in excess of five (5) square feet shall 544 be setback a minimum of ten (10) feet from all property lines. 545 c. Exemptions. A temporary political sign that is thirty-two (32) square feet or less is 546 exempt from the permitting requirements of this article pursuant to Section 1.E.5. above. 547 6. Special Sales Event Sign. 548 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 549 Section 6), it shall be unlawful for any establishment to display retail merchandise outside a 550 principal building without first having secured a permit for a special temporary sales 551 event. The purpose and intent of these Regulations is to establish minimum requirements for 552 signage related to a special temporary sales event. 553 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.E. for additional 554 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 555 Division. 556 c. Size. The size of a sign or banner associated with a special temporary sales event, 557 and in direct view from any public right-of-way, shall not exceed twenty (20) square feet. 100483112.1306-90018211 14 Page 763 of 897 558 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 559 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 560 premises within a right-of-way. In all instances, the location of the sign or banner shall 561 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 562 e. Duration. The special temporary sales event sign shall be valid for the duration of 563 the special temporary sales event. 564 f. Miscellaneous. 565 (1) All signs and banners shall be removed within twelve (12) hours upon the 566 posting of a tropical storm or hurricane watch. 567 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 568 trees, pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 569 event permit, which is regulated separately in accordance with Section 4.13.7. below. 570 7. Seasonal Sales Event Sign. 571 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 572 Section 7), it shall be unlawful for any establishment or organization to display Christmas 573 trees, pumpkins, or fireworks outside a principal building without first having secured a 574 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 575 minimum requirements for signage related to a seasonal sales event. 576 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.A. for additional 577 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 578 Division. 579 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 580 exceed twenty (20) square feet. The size restriction is not aplicable to signage that is a 581 permanent part of temporarily pproved structures, including but not limited to, tents or 582 vehicles that are associated with the event. or banners not visible from anv Dublic riLht-of- 583 way. 584 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 585 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 586 premises within a right-of-way. In all instances, the location of the sign or banner shall 587 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 588 e. Duration. The seasonal sale event sign shall be valid for the duration of the 589 seasonal sales event sign. 590 f. Miscellaneous. 591 (1) All signs and banners shall be removed within twelve (12) hours upon the 592 posting of a tropical storm or hurricane watch. 593 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 594 trees, pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 595 event permit, which is regulated separately in accordance with Section 4.13.7. below. 596 7. Seasonal Sales Event Sign 100483112.1306-90018211 15 Page 764 of 897 597 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 598 Section 7), it shall be unlawful for any establishment or organization to display Christmas 599 trees, pumpkins, or fireworks outside a principal building without first having secured a 600 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 601 minimum requirements for signage related to a seasonal sales event. 602 b. Sign Permit Required. See Chapter 2, Article 11, Section S.A. for additional 603 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 604 Division. 605 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 606 exceed twenty (20) square feet. 607 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 608 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 609 premises within a right-of-way. In all instances, the location of the sign or banner shall 610 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 611 e. Duration. The seasonal sale event sign shall be valid for the duration of the 612 seasonal sales event sign. 613 f. Miscellaneous. All signs and banners shall be removed within twelve (12) hours up 614 on the posting of a tropical storm or hurricane watch. 615 8. Vehicle Display Sign. Motor vehicles displaying business names, addresses, 616 telephone numbers, email address, website information, contractor certification numbers, 617 logos or similar information, or which contain signage of any kind on vehicle surfaces shall 618 not be parked or stored in the row of parking stalls or in any area within twenty-five (25) feet 619 of the front property line for longer than four (4) hours within a twenty-four (24) -hour 620 period. However, this type of advertising on vehicles shall not apply under the following 621 circumstances: 622 a. Vehicles, in the process of making a temporary delivery to a residence, 623 establishment, or organization (i.e. U.S. Postal Service, UPS, Federal Express, DHL, 624 Airborne, etc.); 625 b. Vehicles used in conjunction with a special promotion and possessing a valid 626 permit; 627 c. Vehicles containing advertising signs which are less than eight (8) square feet in 628 area and letters that are less than eight (8) inches in height; 629 d. Vehicles used for public transportation; and 630 e. Vehicles parked on private properties located in industrial zoning districts, unless 631 parked or stored in off-street parking areas that abut an arterial or collector roadway. 632 9. Special Event Sign. Any sign or banner proposed in conjunction with a Special 633 Event is regulated separately and shall comply with City Code of Ordinances Part II, 634 Chapter 13, Article I, Section 13-20. 635 10. Feather Banners. 636 a. Terms and definitions. 100483112.1306-90018211 16 Page 765 of 897 637 A feather banner is a style of temporary lightweight sign comprised of partial metal 638 or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign 639 face is attached. Depending on the shape and type of movement, such signs may also be 640 called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. 641 Height/size standards - A maximum height of ten (10) feet six (6) inches overall 642 measurement including support portion of sign, and a maximum width of thirty (30) inches. 643 b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the 644 sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. 645 c. Number of banners. 646 (1) Along business or shopping center frontage: one (1) feather banner per business 647 (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street 648 frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage 649 is less than three hundred (300) feet. Where more than one frontage exists, the linear 650 dimension shall be cumulative, and the permitted banner may be placed along either 651 frontage. 652 (2) Banners placed on or within five (5) feet from the building facade or supporting 653 components: one (1) feather banner per business (as evidenced by business tax receipt). 654 (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 655 3.13.4.) shall be permitted and displayed per business at any one (1) time. 656 d. Location. Feather banners shall not be placed within the sight triangle of driveways 657 or intersections, shall not be attached to landscaping materials, and must be placed behind 658 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the 659 property line, except that the setback may be less than ten (10) feet if still placed, as 660 described herein, within an existing landscape buffer with a continuous hedge row. Banners 661 shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block 662 parking spaces or drive aisles. Banner placement may not interfere with pedestrian 663 movement. 664 e. Duration. The maximum display period shall be ninety (90) days per twelve (12)- 665 month period, except that feather banner permits may be issued for one (1) additional 666 display period contingent upon there being available space based on the maximum number 667 of banners allowed per property as described above. In order to ensure priority treatment of 668 first-time applicants, a permit for an additional ninety (90) -day display period may be 669 requested after seven (7) working days following permit expiration, if there remains capacity 670 on the property for the additional banner. If desired by a first-time applicant for a feather 671 banner, applications shall be held by the city in queue for the next available display period 672 based on the expiration dates of existing permits. Complete, first-time applications will be 673 processed and held on a first-come, first-served basis. The duration period shall run for 674 consecutive days. 675 f. Application. An application shall be required for each banner, shall include a 676 scaled plan or drawing that identifies the location of and setback for the proposed banner, 677 and indicates the length of the property frontage if banner is to be placed greater than five 678 (5) feet from the building where the subject business is located. The application shall be 679 signed by the business owner and the property owner. 100483112.1306-90018211 17 Page 766 of 897 680 g. Fee requirements. Permit applications shall be processed following the same 681 process used for processing other zoning permits, with a fee based on reviewer wage and 682 review time. The minimum fee for each application shall be fifty dollars ($50.00). 683 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of 684 the ninety (90) day permit, provided the applicant surrenders the original permit. 685 i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner 686 displayed without a permit or after the expiration of a permit. 687 Note: In the event any word, sentence, clause, or other portion of this section is 688 determined invalid, then any sign otherwise allowed by this section shall comply with the 689 requirements set forth in this code as if this section was never enacted. 690 11. Sign Walkers. Sign Walkers are allowed in all zoning districts where the 691 corresponding approved business is located. A business is limited to displaying one sign at a 692 time. and siun and disblav brocess must meet the followinff criteria and limitations: 693 a. Location. Sign Walkers shall 694 i. Be located outside the clear sight triangle which for this purpose shall be a 695 minimum of 30 feet from a street or driveway intersection measured from 696 the back of the curb or edge of pavement if no curb exists. 697 698 ii. Be located a minimum of 5 feet from the street measured from the back of 699 curb or edge of pavement if no curb exists to avoid interference with 700 motorized or non -motorized vehicles. 701 702 iii. Yield right-of-way to pedestrians, bicycles and all others traveling or 703 located on the sidewalks. 704 705 b. Prohibited locations. Sign walkers shall not be located: 706 707 i. In raised or painted medians. 708 709 ii. In parking aisles or stalls. 710 711 iii. In driving lanes or driveways. 712 713 iv. So that less than a minimum of 4 feet is clear for pedestrian passage on all 714 sidewalks and walkways, or so as to cause a hazard to pedestrian traffic. 715 716 V. On any object or structure intended to raise the height of the sign holder or 717 the sign, including but not limited to fences, boulders, planters, other signs, 718 vehicles, utility facilities. 719 720 vi. Within a minimum distance of 20 feet from any other signwalker. 721 722 vii. In a manner that results in sign walkers physically interacting_with 723 motorists, pedestrians, or bicyclists. 724 725 C. Display. Sign shall be: 100483112.1306-90018211 18 Page 767 of 897 726 727 i. Displayed only when the business is open or operating. 728 729 ii. Held, worn or balanced at all times and not twirled, spun, or tossed out of the 730 hands of the holder. 731 732 d. Elements prohibited. The following shall be prohibited: 733 734 i. Any form of illumination, including flashing, blinking, orrotating, 735 736 ii. Animation on the sign itself, 737 - 738 iii. Mirrors or other reflective materials, 739 740 iv. Attachments, including, but not limited to, balloons, ribbons, speakers, or 741 any posts, poles or other device or object used to extend, wave or move the 742 sign away from sign walker. 743 e. Penalties. Fifty dollars ($50.00)12er day or portion of a day for each violation 744 of this Section. . 745 12. A -frame signs (aka sandwich boards) 746 a) Definition and Purpose. A -frame signs are temporary signs used to make 747 pedestrian traffic aware of business locations and available merchandise and/or services. A- 748 frame signs may also accent shopping plazas or pedestrian ways within the downtown, 749 contributing to the visual interest of retail and restaurant environments along the public 750 streetscape. 751 b) Design. A -frame signs must be designed to be free-standing, with quality 752 material, adequate mass, and locking or other stabilizing devices to withstand common 753 wind conditions. The maximum height is 42 inches measured from the top down to the 754 pavement surface. An A -frame sign is excluded from the calculation of a business's total 755 signage area. 756 c) Number. One sign may be permitted for each business. Where more than one 757 business is approved by the City for a single leased space, the principal use for the space is 758 allowed an A -frame sign. 759 d) Location. Allowed on sidewalks positioned to leave an unobstructed 760 pedestrian corridor of 5 feet except a greater corridor width may be required at a project 761 developed within a mixed-use zoning district, as approved as part of the corresponding Sign 762 ProLram. The sign must be in immediate proximity to the subiect business entrance and not 763 placed intentionally to attract the attention of passing motorists. The sign must not block 764 building entrances or exits, or accessible routes to the building. The sign must not be 765 mounted to, or leaning against any part of the building, other signage or sign poles, or site 766 landscaping. No objects of any kind shall be attached to or hung from the sign. 767 e) Display period. Signs are only to be displayed during the hours of operation 768 of the subject business, and stored out of view when the business is closed or during period 769 of high winds. The signs shall be removed and stored within the building when not 770 displace 771 f) Maintenance. Signs must be kept clean, structurally sound, and in visually - 772 appealing condition at all times. 100483112.1306-90018211 WA Page 768 of 897 773 g) Removal. The signs must be removed when weather conditions would 774 prevent the sign from standing properly on its own. 775 h) Approval. Signs must be included within a development's sign program that 776 is aproved by the Development Services Department. For single -tenant properties that are 777 not redilated by a sign program, the City or the Community Redevelopment Agency 778 establish a standard A -frame sign model to be allowed at stand-alone buildings located 779 within the Community Redevelopment Area. 780 C. Permanent ,Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent 781 sign off -premises unless otherwise authorized under this subsection. Permanent signs shall 782 be allowed in accordance with the following provisions: 783 1. Wall Sign (Affixed to Building) Zoning District Ratio of Maximum Allowable Signage Area Sign Area Building Frontage (square feet) Residential 1 S. f. 5 1 -foot Single -Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrials Commercial, excluding CBD 1_5 s.f.� 1 -foot 3, 4 Mixed Use Miscellaneous 784 a. General. One (1) or more wall signs, which typically advertises the name of the 785 establishment, organization, product, or service, are allowed on the fagade of a building, 786 provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the 787 face of the building wall, beyond the building corner, or at all above the parapet. An 788 exception may be made for architectural elements that provide a roofline break such as an 789 entry feature with a minimum offset forward of the typical building wall of three (3) feet. 790 b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a 791 factor of the zoning district within which a building is located and the length of such 792 building. Specifically, it shall be based on the ratio of wall and to each linear foot of building 793 frontage or tenant space frontage. 794 1 Wall signs are allowed for nonresidential developments within the following: 1) single - 795 family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing 796 multiple -family residential uses (in excess of ten (10) dwelling units). The cumulative 797 signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not 798 exceed the height of ten (10) feet. 799 2 Wall signs are allowed within all developments containing multi -family residential or 800 non-residential uses. 100483112.1306-90018211 20 Page 769 of 897 801 3 Ptrf:strEtte Seetien 5.C.''�, tThe maximum wall sign area may be increased by ten 802 percent (10%) to allow for additional signage on rear fagades of multiple-tenant buildings 803 within non-residential developments (see Section 5.C.2.d below), and for standalone 804 commercial buildings with property frontage 50 feet wide or less, maximum sign area is 805 increased to 2.0 s.f. per 1 foot of frontage. 806 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum 807 allowable wall sign area may be increased, provided the total signage area (per wall of a 808 major department store or center store containing an exterior customer entrance) does not 809 exceed ten percent (10%) of the area for each fagade. 810 5 Non -industrial businesses allowed in an industrial zoning district on an arterial right-of- 811 way under the zoning regulations would be allowed a multiplier of one and one-half (1.5) 812 square foot of wall signage per one (1) foot of building frontage. 813 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of 814 multiple-story buildings, but only in the following instances: 1) the building is designed for 815 and contains multiple tenants or occupants, and the entrance doors for such tenants or 816 occupants (on upper floors) are designed external to the building; or 2) the sign, which 817 indicates the name of the building or its major tenant, is placed near the top of the building 818 regardless of any external doors on upper floors. In both instances however, the signage is 819 considered "wall sign (affixed to building)," and shall count toward the aggregate wall 820 signage area. Wall signs located on upper floors, excluding the building or major tenant 821 name as identified above, shall be located in front of each tenant space or bay. 822 d. Community Design Standards. See Section 5.C.2. below for additional community 823 design standards regarding wall signs. 824 2. Monument Sign. 825 a. Purpose and Intent. The purpose of this subsection is to ensure order, safety, and 826 unobstructed views for both pedestrians and motorists. The intent is to specifically prevent 827 project signage from lowering the level of safety and aesthetic quality of the streetscape 828 environment through appropriate and uniform restrictions on size and placement. 829 b. Computation of Height. The methodology for measuring the height of a monument 830 sign shall be in accordance with the definitions (see "Signs, Height" in Chapter 1, Article 831 11). However, tha+ose portions of 832 the sign devoted to displaying the property address and enhancing the physical apearance 833 of the sign that, in part, is necessary to satisfy community design requirements of Section 834 5.13. Such enhancements may extend above the maximum sign height by 18 inches, up to a 835 maximum of approximately 75% of the length of the sign. 836 c. Maximum Height, Size and Number (Table 4-15). The maximum allowable sign 837 height and area are a factor of zoning district, property size, and number of travel lanes on 838 the abutting roadway. Use Table 4-154 below, including the corresponding footnotes to 839 determine the regulations applicable to a given project. Note that circumstances such as 840 compatibility with surrounding properties and project scale may warrant a reduction in total 841 sign height and size. 842 Zoning Number Area —Maximum District of Travel 100483112.1306-90018211 21 Page 770 of 897 843 844 ' Maximum sign height may be justified and required given certain cGircumstances, such 845 as compatibility with surrounding properties, existing or planned character for the area, 846 speed limits, and project scale . 847 Reduced siLm area may be iustified and reauired in coniunction with a reduced setback. 848 2 Secondary signs shall be located along property line(s) abutting rights-of-way with 849 secondary access. 850 3 For maximum height of secondary sign, see primary sign height for travel lanes of road 851 on which the sign will front. 852 4 -APrimary or secondary monument signs i -i are allowed for all non-residential uses or 853 within multi -family residential developments containing at least ten (10) dwelling units. The 854 sign shall not be internally -illuminated. 855 5 For indoor shopping malls, as an alternative, a four (4) -sided sign, not to exceed thirty - 856 two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a 857 public right-of-way) into the development. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 22 Page 771 of 897 Property Size (in Acres) Lanes in Abutting Roadway Height'— Maximum (in feet) Primary and Secondary',' Si zns (in square feet) Single- Tenant Development Multiple- Tenant Development Single- Tenant Development Multiple - Tenant Development Residential' Any 2 5 5 16 N/A 4 or 6 5 5 32 N/A Office, Commercial, Industrial, SMU, Other <1 2 5 5 16 16 4 or 6 5 5 326 32 <2 2 5 5 32 32 4 or 6 5 5 32 40 2 to 8 2 5 5 32 40 4 6 6 40 40' 6 8 8 40 40' >85 2 5 5 40 40 4 6 10 40 100 6 8 12 64 120 Mixed Use (Urban Districts) <2 2 5 5 32 40 4 5 5 32 40 6 N/A N/A N/A N/A 2 to 8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A >8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A 843 844 ' Maximum sign height may be justified and required given certain cGircumstances, such 845 as compatibility with surrounding properties, existing or planned character for the area, 846 speed limits, and project scale . 847 Reduced siLm area may be iustified and reauired in coniunction with a reduced setback. 848 2 Secondary signs shall be located along property line(s) abutting rights-of-way with 849 secondary access. 850 3 For maximum height of secondary sign, see primary sign height for travel lanes of road 851 on which the sign will front. 852 4 -APrimary or secondary monument signs i -i are allowed for all non-residential uses or 853 within multi -family residential developments containing at least ten (10) dwelling units. The 854 sign shall not be internally -illuminated. 855 5 For indoor shopping malls, as an alternative, a four (4) -sided sign, not to exceed thirty - 856 two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a 857 public right-of-way) into the development. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 22 Page 771 of 897 858 6 The maximum area of a monument sign shall not exceed sixteen (16) square feet where 859 located on outparcels which are smaller than one (1) acre. 860 7 Sign area may be increased by ten (10) square feet per each additional acre of lot size 861 greater than two (2) acres (round up at 0.5). 862 d. Setbacks. A41 -m pau h44—: L frbm"i--xq 863 U li s �off i44e p-1iry,° "&e -e- 5e�..... ec't on ....... 864 4..A..S 865 e. Cross Visibility and Safe -Sight. All monument signs shall comply with the cross 866 visibility and safe -sight standards and regulations of Section 4.A.3. above. 867 f. Property Address. The property address shall be required on each monument sign 868 in accordance with Section 4.A.9. above. 869 g. Project Name. Each sign shall include the name of the project or 870 development. The name shall be located at the top of the sign just below the site 871 address. The balance of the sign and/or copy must meet the objectives of the purpose and 872 intent of Section 1 above (e.g. identification, aesthetics, etc.) and the community design 873 standards of Section 5 below (e.g. compatibility, sign style, lettering, etc.). 874 h. Changeable Copy Signs. A portion of a monument sign may eiitaii _ka- g_able 875 consist of a facing that is capable of delivering advertising messages through 876 electronic components referred to as an Electronic Message Center (EMC) or non -electronic 877 materials. In order for an existing sign to be eligible for the addition of a changeable copy 878 component, the entire sign and its support structure must be considered a conforming sign 879 according to all requirements of this Article, excluding the minimum setback standard. Signs 880 containing a changeable copy component shall meet the 881 following standards excluding any standards that are in conflict with aplicable state or 882 federal laws:(1) Location. An EMC, unless stated otherwise below, shall be limited to 883 properties with frontage on an arterial or collector roadway as defined in the Comprehensive 884 Plan, within the following zoning districts as defined by Part III, Chapter 1, Article II. 885 Definitions: 886 i. Commercial Zoning District (excluding the Central Business District),- 887 istrict);887 ii. Suburban Mixed Use, 888 iii. M-1 and PID, (Planned Industrial Development) ;; Ca,;u, .ul properties with 889 frontage on local streets from which sin aleTamil')ro )erties are accessed 890 iv. Public Usage, 891 V. Recreational, and 892 vi. Residential Zoning District. Limited to Resident Information Signage internal 893 to planned residential communities, or non-residential uses if located on an arterial or 894 collector roadway 895 (2) Number. No more than 1 changeable copy sign is allowed per parcel or 896 development site. 897 (3) Siiz-e Area. The changeable copy component of the sign shall not comprise more 898 than t fifty percent (2.950%) of the sign face, tHiless a ' a,-ne,- -- 899 E4ef ,-owl b fede -„' state law for signs that are limited to a maximum area 100483112.1306-90018211 23 Page 772 of 897 900 of 64 square feet or less, or a maximum of 35% on signs that are allowed more than 64 901 square feet (see sign height standards on Table 4-15 of this article.) 902 (4) Illumination Measurement Criteria. If sign brightness is measured by the 903 illuminance of an EMC, then an illuminance meter shall be set to measure foot - 904 candles, accurate to at least two decimals. Illuminance shall be measured with the 905 EMC off, and again with the EMC displaying a white image for a full color -capable 906 EMC, or a solid message for a single -color EMC. 907 hall be 908 si.. pect. to the color restrictio s 4[, icable t.o tl�e static si Ana�e of tl�e 909 � a k� n—owid colors are limited t.o net. tial or an.uted color o �ti�, Dry urrr-ar, colors a we 910...lulu:........12�;>1:.p...p..,.:: 911 (6) Illumination Limits or Brightness. An Electronic Message Center shall not emit 912 more than 5,000 Nits in full daylight and 100 Nits at night (between astronomical dusk 913 and dawn). The difference between the off and solid -message measurements shall not 914 exceed 0.3 foot-candles at night. The illuminance methodology may be used in setting 915 and measuring brightness. If the illuminance methodology is used, the sign shall not 916 emit more than 0.3 footcandles above ambient light levels as measured from 150 feet 917 from the sign. IM 919 {� (77) Message Duration or Hold Time. The fnessage image from any 920 changeable copy sign or message center shall *e4 remain unchanged or static for at 921 least 5 seconds f e t4af e ent-y f„,,,- (24) h^,,,- period,»loss et4efwise 922 . 923 924 (8) Dimming Capabilities. All EMC shall be equipped with a sensor or other device 925 that automatically determines the ambient illumination and programmed to 926 automatically dim/adjust according to ambient light conditions. The illumination of the 927 sign shall not exceed the ambient light level by more than 0.3 foot-candle, as measured 928 in accordance with the methodology recommended by the International Sign 929 Association (ISA). 930 (9) Message Transition. The transition from one message or image display cycle to the 931 next must be accomplished in one second or less during which the screen is black. The 932 transition must not employ special effects including, but not limited to, fade, fly -in, 933 dissolve or repixelization 934 935 (10) Default Message. EMS must have a default design or image that will freeze in 936 one position if a malfunction occurs. If a partial or incomplete message freezes or 937 remains static on the sign due to a technical malfunction or a portion of the display 938 face malfunctions, the sign's illumination must be turned off until the sign is repaired. 939 (L11) Design. When a monument sign is proposed to include changeable copy, the 940 existing or proposed sign shall be constricted of masonry, concrete -block -steel (CBS), 941 or other comparable material so that its appearance meets the aesthetic requirements of 942 this article. In ,,daub, rho ,.hangeable eepy 014;,,,, shall not rote,or- lAiet.t i 943 944 tafl* to See ion 4.A.9. above. Whether included as part of a new monument 945 sign, or through the retrofitting of an existing sign, Rhe changeable copy portion of the 100483112.1306-90018211 24 Page 773 of 897 946 sign shall be located at the bottom of the sign face, and be physically integrated into 947 the monument sign, and include the use of similar materials and colors of materials. In 948 addition, the changeable copy portion shall not interfere or conflict with the visibility 949 of the property address, which is a required component of all monument signs pursuant 950 to Section 4.A.9. 951 (112) Multi -Tenant Developments. A C—changeable copy sign component is allowed 952 on a sign -s within multi -tenant developments provided that s"it is part of an 953 approved sign program. 954 (4-913) Lettering. The type of lettering for all non -electronic changeable copy signs 955 shall be one (1) of the following: 1) plastic channel lettering; 2) plastic card type 956 lettering; of 3) raised wood lettering; or 4) Aluminum Lettering. The manufacturing of 957 such lettering shall be of typeset (machine printed) quality on1y;- ono�e-e€ freehand 958 lettering, chalk, or chalkboard surfaces are allowed except as otherwise aproved in 959 this Article. . 960 AeVe. 961 The color of the lettering (and/or characters) within the changeable copy portion of the 962 sign shall be similar and consistent with the lettering style of the main portion of the 963 sign face. 964 The maximum height of all letters, digits, and/or characters associated with a 965 changeable copy sign shall be ten (10) inches, unless otherwise required by federal or 966 state law. 967 (14) Certification of Compliance. As part of permit approval, applicant shall have the 968 EMC sign tested for compliance with the illumination standards of this section. 969 Compliance shall be provided in a statement of certification by the installer and include 970 an acknowledgement that the sign has been manufactured, and/or programed to comply 971 with all aplicable electronic standards including, but not limited to, message duration, 972 automatic dimming capability, message transition, and default message. Following 973 approval and commencement of sign operation, if at any time the sign is found non - 974 compliant with any standard described herein, the sign owner shall be responsible for 975 having the sign tested by a sign contractor with apropriate qualifications, and 976 providiniz an updated certification of compliance. 977 i. Miscellaneous. Signs which are affixed to a perimeter wall or fence shall be 978 regulated as follows 979 (1) Mixed -Use Development Identification Sign. Signs, which are typically affixed 980 to security or perimeter walls of a mixed use development, are considered mixed use 981 development identification signs and are regulated in accordance with Section 4.C.1-3 982 below. 983 (2) Neighborhood Identification Sign. Signs, which are typically affixed to security 984 or perimeter walls of a condominium project, residential development, or registered 985 residential neighborhood, are considered neighborhood identification signs and are regulated 986 in accordance with Section 4.C.1-215. below. 987 j. Community Design Standards. See Section 5.C.3. below for additional community 988 design standards regarding monument signs. 100483112.1306-90018211 25 Page 774 of 897 989 3. Directory Sign. One (1) directory sign is allowed for each street frontage of a non - 990 residential development containing multiple tenants. The sign shall not exceed eighteen (18) 991 square feet in area or be greater than six (6) feet in height, and must comply with the 992 setbacks required for the principal building. Staff may support additional directory signs if 993 justified accordingly. See Section 5.C.4. below for additional community design standards 994 regarding directory signs, and Section 15 for similar provisions for residential uses. 995 4. Directional Sign. A maximum of four (4) directional signs, erected at points of 996 ingress/egress are allowed within all 997 non-residential developments. Each sign shall not exceed four (4) square feet in area or be 998 greater than five (5) feet in height. Staff may support additional directional signs if justified 999 accordingly (see Section 15 for similar provisions for residential uses). A directional sign 1000 may be allowed off -premises, provided that the following conditions are met: 1001 a. Legal Cross -Access. The establishment, organization, or residential development 1002 does not have frontage on afl-given arterial or collector roadway but contains legal cross - 1003 access through private property (or from a private right-of-way) to an arterial or collector 1004 roadway; 1005 b. Easements and Agreements. Recorded sign easements and agreements between 1006 property owners and/or land holders for any proposed off -premise directional sign are 1007 submitted for city review and approval. Recorded sign easements and agreements with 1008 Homeowners Associations for any proposed public right of way directional sign on 1009 landscape areas maintained by the Homeowner's association are subject to the discretion of 1010 the City Engineering Department and the City Risk Manager.,.,.. 1011 5. Menu Board Sign. One (1) menu board sign is allowed in conjunction with a drive - 1012 through facility. Additional menu board signs may be allowed should circumstances warrant 1013 more than one (1) structure. The sign shall not exceed twenty-five (25) square feet in area or 1014 be greater than six (6) feet in height. The sign, which indicates the products or services 1015 rendered and their corresponding prices, may be designed as a single -faced freestanding 1016 structure or affixed to a building fagade. If placed on the fagade of a building and oriented 1017 toward an abutting right-of-way, then it is considered a wall sign and shall count toward the 1018 aggregate wall signage area in accordance with Section 4.C.1. above. In all instances, all 1019 menu board signs shall be located as far from residential properties as possible and any 1020 audio devices oriented away from such properties to the maximum extent possible in order 1021 to reduce potential impacts. 022 6. Awning Nlalaiiee Sign Awning si p a e is encom, ged that, is ofhu lu gr ity;.. 023 4 l�osutuve aeslhetuc o»tivautuo» l> tlie streets�l�e e„vu�onet Awpu supae us regulate. 024 accold it ' to the two cate (.)ries of sign options: 1025 a. Awning Valance Sign. One (1) sign, located on the valance of an awning hung over 1026 each public entrance is allowed within multi -family residential (ten (10) units or more) and 1027 non-residential developments, provided the signage area does not exceed eighty percent 028 (80%) of the valance area. The sign shall not be internally -illuminated. Text. shall be Iin ited _�. 029 to bgsiness male alb» �g writ � nt.uir erical :bausiness address Phone ngiri �ersA website address,,. 030 1iS.tut.1„ ..ressl 'rohibited.. An awning 031 valance sign shall no,[.. count toward the ;IIo.; ..ed,aggregate wall signage area.- See Section 1032 5.C.5. below for additional community design standards regarding awning valance signs. 100483112.1306-90018211 26 Page 775 of 897 1033 b. Awning Body Sign. Fabric -type awnings may be permitted with imprinted, stamped 1034 or otherwise integral to the fabric advertising (no vinyl lettering affixed to the fabric). The 1035 area of the awning that may contain advertising is limited to 40 percent or 9 square feet, 1036 whichever is less. Text -only applications shall be limited to 25 percent and individual 1037 lettering of text exceeding two (2) words may not exceed 18 inches in height. Text shall be 1038 limited to he business name vi s a� iE; Sipa .Phone numbers, website 1039 address, listing of good or services and hours of operation are expressly prohibited. 1040 Advertising on awnings is limited to first floor installations only. The awning may not be 1041 backlit. Only the awning signage on awtiitigs,placedover btjsunes,s entuatuc,esshall be exempt 1042 from the allowed aggregate wall signage area. 1043 7. Flat Metal Canopy Sign. Metal canopies covering just the building entrances may be 1044 permitted to mount channel lettering on top of the leading edge of the canopy, provided the 045 lettering does not exceed 18 inches in height, nor exceed 75 percent (75%) of the width of 046 the canopy. (;dpi,e,;;;,,��a;l,;�`,_�>;�`,,,;� , ,,,,;` signage will be counted towards the aggregate wall signage 1047 area. 1048 See Chapter 4, Article III, Section 3.E. for additional design standards regarding awnings 1049 and canopies. 1050 -78. Covered Walkway/Arcade Sign. One (1) sign, not to exceed three (3) square feet in 1051 area, is allowed for non-residential uses within a multiple -tenant building that has a covered 1052 walkway or arcade on the first or upper floors. The sign shall be located in front of each 1053 public entrance and oriented perpendicular to the building fagade. In all instances, the sign 1054 shall be hung with rigid mounting and all brackets and materials used must be decorative 1055 and compatible with the principal structure. The minimum overhead clearance over a 1056 walkway shall be nine (9) feet in height. 1057 8.9. Blade Sign. One (1) blade sign, not to exceed four (4) square feet in area, is 1058 allowed for fi-o- s'd tW uses within a multiple -tenant building in accordance with an 1059 approved sign program. The sign shall be located on the wall of a building in front of each 1060 ground floor tenant space in close proximity to the public entrance and oriented 1061 perpendicular to the building fagade. Additional signs are allowed if the tenant has multiple 1062 frontages and each frontage contains a public entrance. It shall be hung with rigid mounting 1063 and all brackets and materials used must be decorative and compatible with the principal 1064 structure. The minimum overhead clearance over a walkway shall be nine (9) feet in 1065 height. The projection of the blade sign shall not cause the sign to be taller than the existing 1066 building height or sixteen (16) feet, whichever is less. The sign and its support structure 1067 shall not extend more than three (3) feet from the wall. A blade sign may protrude into any 1068 required yard but it shall not extend outside the property line unless it protrudes into an 1069 abutting right-of-way and not onto private property. In this instance, the owner shall obtain 1070 all necessary permits where the blade sign protrudes beyond the property boundary and into 071 a right-of-way. A blade sign shall not be internally-illuminated.Blade sig p�ss��,�� pg't';,,,,�,�>aul�l, 072 toward maxum� ......... a of aruI I visiblet( pedestrians anssm � motorists. ............................................................................................................................ 073 base:d:..._�>1i,.....spc.�:.:A.....1:�,��>`e�t. des u epi acid/or loc;atioui.. 1074 -910. Window Sign. This subsection is intended to regulate the allowable location, size, 1075 and appearance of permanent window signs. 1076 a. Applicability. Window signs are allowed in any non-residential zoning 1077 district. For clarification, this includes any illuminated sign located inside a building within 1078 five (5) feet of a window or any sign attached to an interior display located within five (5) 100483112.1306-90018211 27 Page 776 of 897 1079 feet of a window, and each shall count toward the aggregate window signage area allowed 1080 on the nearest windowpane, which is regulated in accordance with Section S.C. below. 1081 b. Exemptions. Window signs are exempt from the permitting requirements of this 1082 article if designed in stenciled or vinyl lettering and affixed to a window. However, the 1083 maximum coverage allowed for all window signs shall comply with the community design 1084 standards of Section S.C. below. 1085 c. Restrictions. Window signs shall not be allowed for any residential use. In 1086 addition, window signs made of paper, cardboard, plywood, or the like shall be prohibited 1087 when affixed to the glass or displayed inside of the glass but not necessarily attached thereto, 1088 and which are visible from the outside. 1089 1090 . 1091 d. Community Design Standards. See Section 5.C.6. below for additional community 1092 design standards regarding window signs. 1093 e. Miscellaneous. See Chapter 4, Article VII, Section S.E. for additional prohibitions 1094 regarding the use of neon, bare bulbs, and miniature lights +hat are :iiteiid d to eiie4ele 8r 1095 ettline windows, ,aee and ethef: bttilding ethereleme*�S-. 1096 4911. Rear Door Business Identification Plaque. One (1) business identification plaque 1097 is allowed on the rear door(s) of each establishment or organization within a building 1098 containing a non-residential use. The sign shall not exceed three (3) square feet in area or be 1099 internally -illuminated. 1100 12. Gas Pump Canopy Sign. An illuminated or non -illuminated sign may be affixed to a 1101 gas pump canopy on any side adjacent to a right-of-way provided the sign does not exceed 10 1102 percent of the length of the canopy, nor 80 percent of the vertical canopy fascia. Sign 1103 illumination shall not be permitted where visible from abutting residentially zoned property. 1104 4413. Mixed Use Development Identification Sign and Neighborhood Identification 1105 Sign. A condominium project, development, residential development, or registered residential 1106 neighborhood association may erect a single -faced 1107 sign on each side of any entrance. One (1) double-faced sign may be erected in lieu of two 1108 (2) single -faced signs. However, where feasible, the sign shall be incorporated into project 1109 elements such as building fagades, decorative or perimeter walls, or accent features such as 1110 fountain structures or the like. 1111 a. Size. The maximum height and size of such sign(s) shall be regulated in accordance 1112 with Section 4.C.2. and Table 4-145 above. Circumstances such as project scale, traffic speed, 1113 ideal streetscape design and vision for the respective corridor, and compatibility with 1114 surrounding properties, may justify reductions or increases in the maximum size allowed. 1115 b. Setbacks. The sign shall be setback a minimum of ten (10) feet, unless combined 1116 with other project elements as described above which may be subject to a lesser setback I117 dimension. Also see Section 4.A..5 :`�: for additional setbacl� reda;ucti�»� ............................................................. l _ 1118 Recorded sign easements and agreements for any proposed public right-of-way sign on 1119 landscaped areas maintained by the iomeowner's association are subject to the discretion 1120 and aproval of the City Engineering Department and the City Risk Manager. Too —;g� 100483112.1306-90018211 28 Page 777 of 897 1121 1122S+ Pfep 1123ly 1124 and comply with the 1125 following: 1126 (1) No person shall begin to constrict, reconstruct, repair, alter, or grade in or upon 1127 any area of public rights-of-way in the city without first obtaining a permit as provided for 1128 in Chapter 2, Article III, Section 4. 1129 (2) All traffic regulatory and warning signs shall comply with the Manual on 1130 Uniform Traffic Control Devices (MUTCD). 1131 (3) Where applicable, permits must be obtained from other agencies, including the 1132 State of Florida and/or Palm Beach County. 1133 c. Cross Visibility and Safe -Sight. All signs shall comply with the cross visibility and 1134 safe -sight standards and regulations of Section 4.A.3. above and the Engineering Design 1135 Handbook and Construction Standards (EDHCS). 1136 d. Illumination. The sign shall not be internally-illuminated.—unless the proposed sign 1137 placement abuts a major thoroughfare, where internally illuminated signs are present. 1138 14. Industrial Subdivision Signage 1139 The purpose of this section is to provide signage provisions for businesses located within 1140 platted industrial subdivisions that kidsI aulster pp,In wuui...enta or 12L�)j�Ll u(klllily 1141 �� u��p/��b ii......g g „ g„u; n „ are not part of a planned district master plan and therefore do not have 1142 benefit of a sign program. Without a sign program, business parks commonly lack master 1143 signage and the identity achieved by visible and coordinated signage. The intent of this 1144 section is to support the establishment of branding and identity of subdivisions that 1145 characteristically, have minimal frontage on the major roadway network, are not afforded the 1146 signage provisions allowed in the Planned Industrial Development District, and/or lack 1147 common property at subdivision entrances for easy siting of identification signage. 1148 a. Industrial Subdivision Entry Signage shall meet the following requirements: 1149 i. Location. At street entrances into the industrial subdivision from a collector or 1150 arterial road. Signs may be sited on one or two corners on private property, with 1151 the execution of sign easements and agreements between parties. Minimal 1152 encroachment onto the public right-of-way may be allowed if insufficient 1153 private property exists for siting the sign, and subject to the discretion of the 1154 City Engineer. _ 1155 ii. Size. Signs may be a maximum height of 6 feet and maximum size of 40 square 1156 feet. 157 iii. Design. Sign design shall lues l t sou division l�uat.di �„ � where ')ossNe and. 158 comply with �>;l��ey�..: design standards of this article for monument signs. 1159 Deviations from the standards necessary to site the sign on limited space, 1160 including but not limited to, minimum setback and landscaping requirements, 1161 shall be at the discretion of the Development Director or his/her designee, and 1162 City Engineer. _ 100483112.1306-90018211 29 Page 778 of 897 163 b.. fndt..strial St..bdivision Shared FIntr Signage combines the site su ni forth �rc> pert: 164 located at. the entr pointof the st..bdivision as described in Section 4 C..14.a.. 165wutl� tl�e sugnagg�g !e of rnouebausin,esses within he st. bbdivision and. 166 accessed from that. same intersection. Shared entry sinae shall be allowed as 167 follows: ...................................................... 168 i If,ocation On 11uol� sties located at the intersection where the snub, ect sijbdivision 169 is accessed.. The si sses at. one ........................................................................................................................... 170 or both sides of the intersection.. ..................................................................................................................................................................................................................... 171 ii. Size flee max,umaum size of acute sign l proved in accordance with this section 172 shall be„allow d g.1 L�2 Ci fe�� luuglu..._�und a....nu�axuurujai area of 4„8 feet For 173 sijbdivisions accessed a cc>llect.c>r c>r arterial road with fewer than 4 canes. c>r a 174 maxirm.um of 10 feet, hi h and a of 64 sat.sare feet, for si.0 bdi vi si on s accessed by a 175 collector or arterial road with 4 or more lanes.. ......................................................................:.......................................................................................................................................................................................................................................... 176 uuu Dsign. u n desu n shah s�.. duvusuc>n randun and cc>m �i with other desu 41 177 standards of this article for monu.ument. si gns.. 1�eviatic>ns from the standards ...... ........ ..... ........ ......... ..... ..... 178 nec asses t.o site the su nn on lumuted s paceincWdin bta no[, lumu 179 minirm.um setback andlandsca ��in g sec u.uirement.s. shall be at. the discretion of the 180 Deve91..Q ment Director or iris/lieu- des i Knee, and � uty 1,n;�ineer.. 181 c.. ]CReview ][processof] sideratiof] for a, ro�val shall be in accordance with the review 182proc ass fc» „„u roval or modification.. Auuy I.e. u.u.ired. 183 easements,,,,and/c»�...agEgggj rents..,; etween baus,iness owners and land owners shall be 184 st. bbaiitted,,sfirufllaneouus,ly for review and ai�i�rc>vai.. 185 e-, d Electronic ,Message � epater (ih 1 i� � Ape ih 11� �1u�11 be ape allowed c;oml�opueput of tlue .. .... ..... 186 Si �uu...... un c om �.�luanc;e wutlu flue a .� .�i�c;abie stanalards of flue Chan Y.eabie Q o � tau a 187 p,ygi ded:��yplSection 4�2:� .....................................p...�.......:....................:.................:;,....°>�...�:....,:....:.::�.::..:.t.::.,:........:. .................................... 188 189 1190 4-215. Neighborhood ideii f;,., bei Sign. Signage for -4 a 1191 residential development, or neighborhood with a registered ,-os; al neighborhood 1192 association may include entrance signage, and various internal signs used for directory or 1193 directional purposes, or to provide general information primarily beneficial to the residents 1194 including but not limited to intermittent announcements of activities and events. ef:eet- 1195 single faced sign on o eh side of an o„4, nee One(l) ,aettble faced sfRayign i,o ; 1196 1197 1198 peat,,, stteh as feet tail s� ,e. a toe like. 1199 a. Identification/Development Sign. Allowed is one single -faced sign on each side of 1200 any entrance, or one (1) double-faced sign may be erected in lieu of two (2) single -faced 1201 signs. Where feasible, however, the sign shall be incorporated into project elements 1202 including but not limited to building fagades, decorative or perimeter walls, or accent 1203 features including but not limited to fountain structures. 1204 (1) Size. The maximum height and size of such sign(s) shall be regulated in 1205 accordance with Section 4.C.2. and Table 4-145 above. Circumstances, such as 1206 compatibility with surrounding properties, speed limits, and project scale may justify 1207 reductions in the maximum size of each sign. 100483112.1306-90018211 30 Page 779 of 897 1208 (2) Setbacks. The sign shall be setback a minimum of ten (10) feet, sinless 1209 combined with other project elements as described above which may be subject to a lesser 1210 setback dimension. See Section 4.C.2 for possible reduction in this minimum setback 1211 standard. 1212 1213 (3) Location within rights-of-way. The sign and support structure may be 1214 allowed within a public or private right-of-way if adequate space does not exist on private 1215 property as determined by the city, and provided that it does not interfere with the 1216 maintenance of existing utilities. A sign proposed within a city maintained public right -of - 1217 way shall require approval from the Department of Public Works and comply with the 1218 following: 1219 1220 i. {O No person shall begin to constrict, reconstruct, repair, alter, or grade in or 1221 upon any area of public rights-of-way in the city without first obtaining a permit as provided 1222 for in Chapter 2, Article III, Section 4. 1223 1224 ii. {� All traffic regulatory and warning signs shall comply with the Manual on 1225 Uniform Traffic Control Devices (MUTCD). 1226 1227 iii. {� Where applicable, permits must be obtained from other agencies, including 1228 the State of Florida and/or Palm Beach County. 1229 1230 (4) E Cross Visibility and Safe -Sight. All signs shall comply with the cross 1231 visibility and safe -sight standards and regulations of Section 4.A.3. above and 1232 the Engineering Design Handbook and Construction Standards (EDHCS). 1233 1234 (5) d- Illumination. The sign shall not be internally -illuminated. 1235 1236 b. Resident Information Sian. Signs may be approved within neiLhborhood communities that 1237 are intended to provide information to residents and guests regarding locations of 1238 neighborhood facilities and amenities, events and activities, or operational announcements. 1239 Stens �IEJ. 2E kiosks shall be designed to meet the following standards-, 11240 (1) Size. Maximum height is 6 feet and maximum area is 24 square feet, 1241 (2) Setbacks. See setback standard above applicable to 1242 Identification/Development Signs, 1243 (3) Location. Signs are to be placed on internal common, or other association - 1244 governed property and not at perimeter or entrance points to avoid confusing 1245 motorists with excess signage, 1246 (4) Design. If possible and practical, materials, colors and design shall be 1247 compatible with architectural or other elements or improvements within the 1248 community. Materials used should be weather resistant to prolonu anality 1249 appearance and allow for easy maintenance, 1250 (5) Flexibility through aproval of a sign program. A sign may deviate from the 1251 corresponding standards of this section if adequately justified and approved 1252 as part of sign program for the neighborhood, and 1253 (6) Changeable Copy Sign. Signs may be designed with an electronic 1254 component if Mproved as part of a sign program. The above standards also 1255 apply if designed to accommodate an electronic component. 100483112.1306-90018211 31 Page 780 of 897 1256 1257 16�,. Nameplate, Historic Marker or Identification Plaque. One (1) nameplate or 1258 identification plaque with non- commercial copy is allowed in all zoning districts, provided 1259 that it does not exceed two (2) square feet in area. This sign typically indicates the name of 1260 occupants residing on the premises but also may be used to identify buildings and/or 1261 structures of cultural or historical significance, and is not intended to be an alternate method 1262 of advertising for a non-residential establishment or organization. It may also include 1263 signage associated with a live/work unit in conjunction with an applicable sign 1264 program. The nameplate or identification plaque shall not be internally -illuminated. A 1265 Historic Marker is a plaque, marker or sign used to identify a designated historic property in 1266 accordance with the City's Preservation Requirements in Article IX, Section 6 of the City 1267 Code. Also see Section LE, Exemptions, when regulating historic markers. A public art 1268 plaque, marker or sign is used to identify and provide public information regarding a public 1269 artwork or mural that has been required or aproved by the Art Advisory Board. 1270 Note: In the event any word, sentence, clause, or other portion of this section is 1271 determined invalid, then any sign otherwise allowed by this section shall comply with the 1272 requirements set forth in this code as if this section was never enacted. 1273 D. ,Special ,Signs. The following special signs shall be allowed in accordance with the 1274 following provisions: 1275 1. Civic and Not -for -Profit Directional Sign. For the purposes of providing a 1276 convenience and benefit for the traveling public, a maximum of two (2) off -premise signs 1277 are allowed for a civic and fraternal organization, church, or recreation facility. Each sign, 1278 which shall not exceed twelve (12) inches by eighteen (18) inches, may be affixed to a post 1279 or other approved structure at intersections of public rights-of-way, and at a maximum of 1280 one (1) sign per organization or facility at any given intersection. A maximum of three (3) 1281 different civic and not-for-profit directional signs are allowed per post or supporting 1282 structure. 1283 All signs and posts shall be reviewed by the City Engineer where proposed within city 1284 maintained public rights-of-way. In all instances, the applicant shall bear the cost to 1285 constrict the sign in accordance with city specifications. The city will provide the post and 1286 install the sign at a fee set by the city, which shall be paid for by the applicant. The city 1287 shall maintain the sign for safety purposes only and may remove it at no expense to the 1288 applicant should it become illegible or unsafe. The signs shall not be illuminated. 1289 2. Transit Shelter Sign. Signs on city transit stop shelters may be allowed when 1290 authorized by written agreement approved by action of the City Commission pursuant to the 1291 provisions of Florida Statutes. When so authorized by the City Commission, the following 1292 standards shall apply: 1293 a. Location. Signs placed on city transit stop shelters shall only be allowed at city 1294 transit stops designated or approved by the city. A transit shelter, proposed on private 1295 property or within the right-of-way, shall be located and designed in accordance 1296 with Chapter 4, Article III, Section 10.13. 1297 b. Number. Not more than one (1) bus shelter displaying signage or intended for the 1298 display of signage shall be allowed at a city transit stop. 1299 c. Elevation. Display space on bus shelters shall be limited in location and size to the 1300 side or rear wind screen panels. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 32 Page 781 of 897 1301 d. Exemption. Pursuant to Section 1.E.6. above, a bias shelter sign shall be exempt 1302 from the permitting requirements of this article, provided the Building Official determines 1303 that compliance with the Florida Building Code is not required. 1304 3. Newsracks. Newsracks shall have no signage or advertising except for that which is 1305 allowed in accordance with City Code of Ordinances Part II, Chapter 15, Article VI. 1306 4.. 1 _ 1' 1 1 1311 -194i- ...... saes...e�s�ene.r.�ee e��ee sarasr�es�e.in,..erasee..�� _ rsse�r� ser��a�ex..... ss _ 1317 (4) Mttf:als shall only be allowed en bttilding faqades, . _ 1 1322 1323 1324 detefmined invalid, 1325 . 1326 44. Electric Vehicle (EV) Charging Station Sign. 1327 a. Each public EV charging station shall have at least one (1) posted sign displaying 1328 operational information such as voltage and amperage levels, hours of use, fees, safety 1329 information and penalties related to a misuse, and it must be approved by the city. 1330 b. Directional signs for EV charging stations may be allowed, provided that each 1331 complies with Section 4.C.4 above, except that the size and style shall not exceed that which 1332 is allowed in accordance with the Federal Highway Administration's Manual on Uniform 1333 Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a 1334 maximum of two (2) off -premises directional signs located within public rights-of-way may 1335 be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, 1336 shall comply with the permitting and processing requirements of the city and any other entity 100483112.1306-90018211 33 Page 782 of 897 1337 having jurisdiction over the subject right-of-way 1338 1339 Sec. 5 Community Design. 1340 A. General. 12,Na3, Iry Irani 1'r' W, I r, 121 ' 1341 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is 1342 materially a factor of the level of visual harmony between signs, support structures, project 1343 architecture, and adjacent surroundings. In addition to the mechanical limitations on signs 1344 imposed by this section, there are certain aesthetic considerations that must be met, and 1345 therefore signs are subject to review by the Planning and Development Board and City 1346 Commission, when required. 1347 2. Administration. The Development Director .,C Planning and Zoning or designee shall 1348 have the authority to eeef:diiiate,interpret, and administer this section. 1349 3. Applicability. The provisions of this section shall apply to all new signs, excluding 1350 single-family and duplex dwelling units within single-family or two-family residential 1351 zoning districts. 1352 4. Relief from Standards. Any deviation from these community design standards shall 1353 require approval of a community design plan appeal (CDPA) application, which is subject to 1354 review and approval by the City Commission. A request for a CDPA shall be reviewed in 1355 accordance with Chapter 2, Article II, Section 4.13. 1356 B. Community Design ,Standards for All ,Signs. 1357 1. Compatibility. Signs shall be designed and treated as part of the architecture of 1358 buildings and structures. Freestanding signs and other site signs shall be compatible with 1359 and contain the same architectural elements and repeating features that are used on buildings 100483112.1306-90018211 34 Page 783 of 897 1360 throughout the development. All signage, including its color and scale, shall be compatible 1361 with the architecture of the building or structure on which it is affixed or attached. The 1362 overall effect of the lettering, configuration, or color of a sign shall not be too bright, garish, 1363 gaudy, showy, glaring, and/or cheaply brilliant or involving excessive 1364 ornamentation. Garish signs are not in harmony with and are not compatible with the 1365 building or adjacent surroundings. 1366 2. Color. Sign colors and supporting structures and/or materials shall be 1367 complementary to the colors of the development. Excessive use of large areas of several 1368 colors can create competition for the eye and significantly reduce readability. All signs, 1369 mother than those associated with registered tenants , those within a 1370 sign program, or a community sign from the Public Art program, shall be limited to a 1371 maximum of four (4) different colors for the entire development, inclusive of black and 1372 white. In addition, the background color of a wall sign shall be considered a sign color and 1373 count towards the aggregate number of colors allowed on a sign. This restriction also 1374 includes the background color of any "cabinet -style" sign. However, in all instances, colors 1375 of registered logos and icons shall be excluded from this limitation. 1376 3. Letter Size. Sign lettering shall be easy to read and in scale with the building or 1377 tenant space on which it is located. The sign copy shall be designed and based, in part, on 1378 the average distance and average travel speed of the viewer. Sign messages oriented 1379 towards pedestrians may be smaller than those oriented towards automobile drivers. A sign 1380 message shall be easily recognized and designed in an uncrowded, clear, unambiguous, and 1381 concise manner, so that a viewer can perceive what appears on the sign. In order to 1382 maximize readability and legibility, it is discouraged to advertise on a wall or freestanding 1383 sign, in an excessive manner, the phone or fax number, email address, or a particular project 1384 or service, in conjunction with the name of the establishment or organization. 1385 4. Letter Style. The number of different lettering styles on tenant signage on multiple 1386 tenant buildings and their outbuildings and outparcels shall be limited to one (1) in addition 1387 to the lettering styles of the nationally registered copy of all tenants located within the 1388 building and its outbuildings and outparcels. 1389 C. Community Design ,Standards for ,Specific Types of Signs. 1390 1. Graphics on Fences and Barriers around Constriction Sites. At constriction sites, 1391 signs and graphics are allowed on temporary security and safety fencing or other types of 1392 barriers that are required and/or permitted app owl b the Bttil ung Offieial for a 1393rp oject. The temporary fencing may contain screening material enhanced with graphics, 1394 images, pictorials, wraps, windscreens, digital prints, photographs, or a combination thereof, 1395 provided that such enhancements are not intended to be an alternate method of advertising 1396 other than identifying the name of the development, and does not create a diversion or 1397 distraction to passing motorists (also see Chapter 3, Article V, Section 2.17.). See Section 1398 5.D. below for additional community design standards regarding the maximum allowable 1399 size of logos and icon proposed on signs on fences and barriers around constriction sites. 1400 2. Wall Sign (Affixed to Building). 1401 a. Scale. Signage on bttildings shall be included on ,,ntieipate a dtffing the proposed site 1402 plan in order to incorporate them properly into project architecture. Signs 1403 shall be aeeemmedated on the c,,, ade designed to prevent them from conflicting and/or 1404 overcrowding with a building's architectural features and enhancements. 100483112.1306-90018211 35 Page 784 of 897 1405 b. Type of Sign. A single sign style (such as cabinet, channel, reverse channel) shall 1406 be used for wall signage on all buildings on a site. Channel and reverse channel letter style 1407 are preferred in lieu of cabinet signs. 1408 c. Scale. A wall sign (and corresponding sign band) shall be in scale with the 1409 building, as well as with signs on the same building and may be required to be compatible 1410 with buildings and structures on adjacent properties. Signs consisting of multiple words may 1411 be stacked (in rows) to maintain the appearance as a single sign (and sign band), but the sign 1412 band of a stacked sign shall be in scale with the sign band of non -stacked signs, except in 1413 those instances where a building fagade has been intentionally designed or modified to 1414 accommodate a larger size sign band for an anchor tenant (within 1415 multi -tenant developments). However, in no case shall any sign exceed the size limitations 1416 as provided for in other sections of this article. Proposed signage shall not exceed 80 percent 1417 of the designated sign band in a horizontal or vertical direction. 1418 d. Signs on Rear Fagades. The maximum area of wall signs shall be based on the 1419 standards specified in Section 4.C.1. above. However, the maximum size may be increased 1420 by ten percent (10%) to allow for additional signage on rear fagades of buildings within non - 1421 residential and mixed use developments. Factors to justify additional signage include but are 1422 not limited to 1) the visibility of rear fagades from rights-of-way; 2) existence of off-street 1423 parking and other vehicular use areas; 3) building orientation and site design; and 4) 1424 pedestrian access and connectivity. 1425 e. Logos and Icons. See Section 5.D. below for additional community design 1426 standards regarding the maximum allowable size of logos and icons when proposed in wall 1427 signs. 1428 3. Monument Sign. The base of all freestanding signs shall have landscape material 1429 installed in accordance with Chapter 4, Article 11, Section 6.I. An exception may be made 1430 within the urban area, including mixed-use developments zoned either MU -4 or MU -C. See 1431 Section 5.1) below for additional community design standards regarding the maximum 1432 allowable size of logos or icon proposed on monument signs. 1433 4. Directory Sign. To ensure the safety of vehicular traffic on the city's rights-of-way 1434 and to further the legibility requirements of this section, the monument sign for a project 1435 shall not be designed to resemble a directory sign, with the inclusion of numerous tenant 1436 names in small font. Directory signs are the preferred method of advertising multiple 1437 listings or tenants, and are accommodated by these Regulations. Such directory signs are 1438 located internal to a site to avoid confusing a motorist and causing a traffic hazard on the 1439 abutting roadway. See Section 5.D. below for additional community design standards 1440 regarding the maximum allowable size of logos and icon proposed on directory signs. 1441 5. Awning Valance Sign. The letters and characters within the sign shall be no greater 1442 than six (6) inches in height. See Section 5.D. below for additional community design 1443 standards regarding the maximum allowable size of logos and icon proposed on awning 1444 valance signs. 1445 6. Window Sign. The intent of this subsection is to encourage the use of window signs 1446 to promote a traditional "main street" appearance in storefronts, particularly for business 1447 establishments that are an integral component of a pedestrian -friendly streetscape 1448 environment. The design of window signs, including font, point size, and layout should be 1449 tasteful, nostalgic, and comply with the following standards: 100483112.1306-90018211 36 Page 785 of 897 1450 a. Location. Signs are allowed on windows that are located on the ground (first) floor 1451 and where such windows are visible from pedestrian walkways. 1452 b. Size. On the entrance door or window located closest to the public entrance/exit 1453 door, the size of the sign shall not exceed twenty percent (20%) of the window area, unless 1454 an internally -illuminated sign is proposed, in which case, it may not exceed three (3) square 1455 feet in area. For clarification, if two (2) windowpanes are located on each side of a public 1456 entrance, only one (1) shall be allowed to have the maximum twenty percent (20%) 1457 coverage. For all other windows, the size of the sign shall not exceed three (3) square feet in 1458 area, regardless of the location or sign type. 1459 c. Logos and Icons. See Section S.D. below for additional community design 1460 standards regarding the maximum allowable size of logos and icons when proposed in 1461 window signs. 1462 D. Community Design ,Standards for Logos and Icons. 1463 1. General. Logos, trademarks, insignias, emblems, and other non -word depictions 1464 shall be considered signage. 1465 2. Maximum Percentage and Size (Table 4-16). The maximum size of each non -word 1466 depiction (i.e. logos, graphic icons, illustrations, etc) of a sign shall not exceed twenty 1467 percent (20%) of the sign erected, except for as follows: 1468 Type of Sign Maximum Percentage of Sign Erected Wall 20%1 Monument 100% Directory 20% Directional 100% Awning Valance 100%2 A;nrn;.:r body :1::.�:�.�:�.......P?., Covered Walkway/Arcade 100% Blade 100% Window 20%3 Rear Door ID 100% Any other type of other lawful sign 20% 1469 1470 ` If greater than twenty percent (20%) of the sign erected, the non -word depiction shall not 1471 exceed nine (9) square feet. Only one (1) logo or icon is allowed per building elevation (per 1472 tenant). 1473 2 The non -word depiction shall not exceed six (6) inches in height. 1474 3 If greater than twenty percent (20%) of the sign erected, the non -word depiction shall not 1475 exceed three (3) square feet. 1476 See. 6 Sign Program. 37 Page 786 of 897 1477 A. General. 1478 1. Purpose and Intent. The purpose of this section is to allow some magnitude of 1479 flexibility in createiMa comprehensive set of design standards applicable to all signage 1480 within a multi -tenant development. The intent is to promote uniformity and compatibility 1481 between multiple signs (within a single development) and with project architecture, in order 1482 to maximize the aesthetic character and overall quality of the development. Flexibili . is 1483 intended to allow deviations from the standards in this Article, when justified and proven to 1484 still further the intent and objectives of this chapter with respect to signage appearance, 1485 scale, architectural compatibility and visibility. 1486 2. Applicability. A sign program shall be required for all sign types within non - 1487 residential and mixed-use developments containing multiple tenants. The sign program shall 1488 be processed in accordance with site plan review. The sign program shall regulate every 1489 type of permanent sign proposed within the development. 1490 3. Permits Required. No permit shall be issued for an individual sign within a 1491 development containing multiple tenants, unless the sign conforms to the approved or 1492ep nding sign program. If a sign program has not 3-e� been approved, the proposed sign shall 1493 incorporate the desired design features and characteristics of the majority of signs within the 1494 development, or be designed to represent the desired sign style and apearance to ultimately 1495 be achieved by a pending or future sign program. 1496 4. Relief from Standards. Any deviation from the requirements of this section shall 1497 require the submittal of a community design plan appeal (CDPA) or through a landlord 1498 initiated amendment to the aproved Sign Program, which is subject to review and approval 1499 by the City Commission. A request for a CDPA shall be reviewed in accordance 1500 with Chapter 2, Article 11, Section 4.13. 1501 B. ,Standards. The sign program shall consist of a set of standards, including but not 1502 limited to the sign sizes, number, locations, materials, lettering (size and font), sign types 1503 and colors to be used within the development. All aspeets The sign program shall be in 1504 compliance with the purpose and intent of this article. 1505 C. Review Process. A new or proposed modification to an existing sign program shall be 1506 reviewed in accordance with Chapter 2, Article 11, Section 2.E. to iaelitde a new site, jer- site 1507 plan w.edifi, f; r site plan w.edif4,.atior 1508 Sec. 7 Nonconforming Signs 1509 A. General. A sign, which does not conform to the requirements of this article, shall be 1510 deemed nonconforming. A nonconforming sign cannot be modified (excluding re -lettering 1511 or change of copy) unless the modification brings the sign into compliance with all sections 1512 of this article, or as outlined in Section 7.13. below. 1513 B. Nonconforming Freestanding Signs at Shopping Centers. The city's objectives to 1514 improve the visual aesthetics, appearance, and economic vitality of multi -tenant properties 1515 along city thoroughfares will permit property owners to modify nonconforming freestanding 1516 signs at shopping centers beyond the limitations contained within Section 7.A. above, in 1517 conformance with the following requirements: 1518 1. The shopping center shall have an adopted sign program in place, or adopts a sign 1519 program as part of this process. 100483112.1306-90018211 38 Page 787 of 897 1520 2. A request for an amendment to the existing sign program is approved 1521 3. The amended sign program will allow improvements to the existing sign structure(s) 1522 which do not increase the mass of the sign (i.e. height, length, width), including removal, 1523 repair and/or replacement of sign cabinets. 1524 4. The proposed improvements will bring the sign into further compliance with the sign 1525 regulations, and improve the aesthetics of the sign. 1526 5. As part of the city's economic development initiatives, additional sign square 1527 footage, also known as "copy area," may be added to the sign in instances when aesthetic 1528 improvements and required landscape improvements are made to, and immediately 1529 surrounding the sign, and in situations where the additional signage does not increase the 1530 mass of the sign (i.e. height, length, width). 1531 6. The amount of future repairs of the newly renovated sign that the property owner will 1532 be allowed to complete will be an amount not to exceed fifty percent (50%) of the new value 1533 of the sign, as determined by a licensed sign contractor and confirmed by staff. 1534 The regulations contained in Chapter 4, Article IV, Section 7.13. above are not intended to 1535 allow removal and reconstruction of the sign in entirety, as such a situation would require 1536 the sign to come into compliance with current sign regulation. 1537 C. Repair or Removal. Any nonconforming sign and corresponding support structure that 1538 is damaged or otherwise in need of repair, to such an extent that the cost of repairing the sign 1539 equals fifty percent (50%) or more of the original cost of the sign, then its classification as a 1540 "nonconforming" sign under this section shall be automatically revoked and either repairs be 1541 made so that such sign shall meet all the requirements of this article or said sign shall be 1542 removed from the property. Furthermore, any nonconforming sign and corresponding 1543 support structure shall be removed by the owner, agent, or person having beneficial use of 1544 the building, structure, or premises, where such sign may be found if a bona fide 1545 establishment, organization, or residential development ceases its operation or occupancy for 1546 more than six (6) consecutive months. 1547 D. Annexation of Nonconforming Freestanding ,Signs. 1548 1. Billboard. Any property located in unincorporated Palm Beach County, which is 1549 considered for annexation into the city, shall have its billboard sign removed prior to 1550 annexation, unless otherwise approved by the City Commission. In such instances, the City 1551 Commission may grant an extension to the time period allowed for removing the billboard 1552 sign. 1553 2. Monument Sign, Pylon Sign, and Pole Sign. Any freestanding monument, pylon, 1554 pole, or similar type of sign located on a property that is proposed to be annexed into the city 1555 shall comply with all provisions of this article within six (6) months following the date of 1556 such annexation, unless otherwise approved by the City Commission. Any signs subject to 1557 this requirement shall be documented by the city in any applicable ordinance, development 1558 order, or annexation agreement. 1559 Sec. 8 Signs at Abandoned Businesses Abandoned S4*E 1560 When an establishment, organization, or service is discontinued, all signs relating to such 1561 establishment, organization, or service shall be removed within six (6) months from the date 1562 of discontinuance. The sign structure may remain in place if the sign text is of visib' 100483112.1306-90018211 39 Page 788 of 897 1563 pfeN,ided t4e sign twe�il iTEevered with an appf:eveddttr-able e for the vacated 1564 establishment, is removed from the sign and replaced with a blank white panel. However, if 1565 the sign structure is in deteriorated or dilapidated condition, removal of the sign structure is 1566 required. Failure to so remove such a sign shall subject the sign to removal and disposition 1567 pursuant to section 7 of this article. A property owner may pply for a 1568 declaration of exception to the Arts Advisory Board or the Historic Preservation Board to 1569 maintain the sign of an abandoned business on the property if the sign is determined a work 1570 of art by the Arts Advisory Board or an object of historic significance by the Historic 1571 Preservation Board. 1572 Sec. 9 Penalties. 1573 The city or any other legal authority shall enforce any violation of this article pursuant to the 1574 penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 1575 Regulations. 1576 Section 3. Each and every other provision of the Land Development Regulations 1577 not herein specifically amended, shall remain in full force and effect as originally adopted. 1578 Section 4. All laws and ordinances applying to the City of Boynton Beach in 1579 conflict with any provisions of this ordinance are hereby repealed. 1580 Section 5. Should any section or provision of this Ordinance or any portion thereof 1581 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 1582 the remainder of this Ordinance. 1583 Section 6. Authority is hereby given to codify this Ordinance. 1584 Section 7. This Ordinance shall become effective immediately. 1585 FIRST READING this 7th day of December, 2021. 1586 SECOND, FINAL READING AND PASSAGE this day of , 2022. 1587 CITY OF BOYNTON BEACH, FLORIDA 1588 YES NO 1589 Mayor — Steven B. Grant 1590 1591 Vice Mayor — Woodrow L. Hay 1592 1593 Commissioner — Justin Katz 1594 1595 Commissioner — Christina L. Romelus 1596 1597 Commissioner — Ty Penserga 1598 100483112.1306-90018211 40 Page 789 of 897 1599 1600 ATTEST: 1601 1602 1603 1604 Crystal Gibson, MMC 1605 City Clerk 1606 1607 1608 (Corporate Seal) 100483112.1306-90018211 41 VOTE Page 790 of 897 TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: November 18, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Regulations intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. BACKGROUND This project to update the Sign Code was initiated as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics, with an emphasis on maximum area and awning signage; • Consider options for expanding criteria for color flexibility; • Sign Program provisions that allow more flexibility; • Signage trends and business needs; • Consistency with state regulations/preemptions and legal precedence; • Flexibility in minimum sign setbacks; • Accommodate signage options for secluded industrial pockets; • Consider increasing provisions and standards for digital/changeable copy signage; and • Consider additional relief standards as an option for increasing flexibility In lieu of presenting the amendments in a typical workshop setting, staff has proactively reached out to possible "stakeholders" requesting feedback on the proposed amendments. To date, the following actions have been taken to obtain comments on the City's Sign Code: Placement of notice on the City's website with project description and instructions for obtaining the draft regulations (September 27th); E-mailed 16 sign contractors listed in the City's permit records providing a project description and instructions for obtaining the draft changes and providing comments (October 5th); Page 791 of 897 Sign Code Update • E-mailed a draft version of the revised Code to the Planning & Development Board allowing extra time for a more thorough review, and encouraged providing feedback in advance of the Board hearing (October 51h); • Presented the project and proposed amendments to the Business Development Board via their monthly "Business over Coffee" meeting (October 7th); • Presented the project and proposed amendments to the Chamber of Commerce's Governmental Affairs Committee (October 28th); and • Planning to present the project to the Downtown Business Coalition (December, date TBD) PROPOSED AMENDMENTS The following is a summary of the proposed changes organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and "Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or "sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility, rather than increasing regulations and constraints. Sign Options EMC (aka digital signs) — Proposed are amendments to the Sign Code, and the elimination of corresponding prohibitions, to allow electronic message centers (EMCs) on conforming monument signs located outside key corridors of the Community Redevelopment Area (CRA). Standards proposed for EMCs, in part, would also regard maximum sign area (i.e. percent of the total sign area), address maximum lighting intensity, require auto dimming relative to ambient lighting and a default message in response to a malfunctioning ECM, and regulate hold time and transition style. The parent sign must be conforming to City standards (except for minimum setback), and if applicable to the subject property, part of a current sign program. Benefits of an ECM option include enabling the expansion of tenant capacity without increasing sign size, increasing advertising opportunities and business promotions, and further incentivizes the use of a required sign program or updating of an outdated sign program. A --frame — The addition of the "A"- frame sign option would enhance pedestrian environments and the streetscape and is planned to be introduced to business through limited styles provided by the CRA and City staff. This temporary sign would be excluded from the maximum sign area calculations, and would be regulated, in part, by locations and size. Canopy signs (body) and deregulating canopy sign rules An awning valence sign is currently allowed in the Code, and the revisions propose to also allow an awning "body" sign and flat canopy signage. High quality graphics is being required. Industrial Subdivision (see corresponding item under Flexibility/Visibility) Gas pump canopy The Code has been silent to the regulating of gas station signage on pump canopies. The proposed regulations would provide a maximum limit on the area of the canopy to be occupied by signage. Flexibilitv & Visibili -2- Page 792 of 897 Sign Code Update Allow internally -illuminated signs in residential zones The existence of non-residential uses in residential zoning districts located along major roadways warrants the ability for such uses to have the illuminated sign option that is currently prohibited. A church located on Hypoluxo Road, located within a Planning Unit Development Zoning District, recently experienced the current constraints of the City's sign code which further prevented visibility of a sign that is forced to have an excessive setback from the abutting roadway due to the bifurcating drainage canal that separates the church property from passing motorists and the church's entrance. Excluding design enhancements from height measurement — To add further design flexibility to the regulations, staff proposes to exclude design enhancements at the top of signs from the height measurement, along with the extensions of the sign to accommodate the property address. Increasing wall sign area allowed for small stand-alone commercial buildings — Maximum "wall" sign area allowed is a factor of linear dimension of the building or tenant space. The amendment is intended to prevent the sign code standard from restricting sign area on small buildings to a less visible size than allowed at larger buildings. Reduction in minimum sign setback standard The minimum setback from a property line is currently 10 feet for site signs, which, given certain property or site characteristics, may prevent proper orientation of a sign for maximum visibility, or preclude the siting of a sign all together. The proposed reduction to 5 feet is accompanied by performance standards that allow case-by-case staff review to ensure that safety and visibility to other signage and streetscape elements are not jeopardized. Incentivizing the use of awning signage — The proposed regulations exempt canopy body signage from the total allowed project signage, to promote the use of this new signage option. Neighborhood Signage (planned communities) — The recent experience involving one of the large Leisureville communities attempting to obtain approval to replace their outdated and non -conforming, internal directional and informational signage, inspired this aspect of the proposed amendments. The amendments recognize the self-serving purpose of such signage, and therefore introduce greater flexibility with varied sign options, ample sizes, unrestricted quantity, eligibility for ECM signage, landscaping flexibility, and would be able eligible to request sign program approval to further ensure access to the sign options and design alternatives beneficial to meeting the community's needs. The principal limiting factor on such signs is the requirement to be located within the community, and not located on abutting collector or arterial roads. Expanding color and font style options for registered businesses and not just nationally -registered businesses Current regulations limit sign colors to a maximum of two in addition to black and white, except for trademarked signs and business brands. The proposed amendment would also offer similar options to state registered businesses. Allowing for deviations from sign standards within sign programs The most notable of the proposed amendments is a significant change to the Sign Program rules. The sign program provisions were written only to achieve consistency in project signage with multiple tenants, while following all the sign standards and requirements of the general section of the Sign Code. This proposed revision would allow considerations for deviating from the basic standards (number of and location of signage, size/area of signage, etc) when adequately justified and compliant with the purpose and intent of the Sign Code with -3- Page 793 of 897 Sign Code Update respect to intended aesthetics and compatibility. The amendments would also allow for the filing of a sign permit by a new tenant before the sign program is requested or approved, to prevent delay in achieving the needed visibility when starting -up. Industrial Subdivision Entry and Shared Entry Signage — This new signage option represents a sharp contrast to conventional and long-standing sign regulations that prohibit business signage that is not located specifically on the same property from which the business operates. More commonly known as "off -premise signage", the proposed regulations make an exception to the conventional rule to allow or facilitate signage for entrances to secluded industrial areas with a main entry (or entries) on an abutting arterial or collector roadway. Some of the existing industrial subdivisions that fits this description were not planned to accommodate entry/development signage. The proposed provisions would allow the addition of development or identity signage in an easement established on one or both properties at the entrance corners of the subdivision, without violating the off -premises sign regulations of the Code. Other Adding regulationsAtandards for Human Signs — The proposed standards introduces to the Sign Code boundaries on the use of human signs intended to maintain safety to pedestrians and motorists while respecting free speech rights. Exempting markersAigns for public art and historic properties — Such signs do not advertise commercial businesses or services and are part of the City's Public Art and Historic Preservation functions. Current size standards and other requirements, other than cross references, would be omitted. Excluding signs within urban areas from the standard landscaping requirements. Encouraging/Incentivizing the use or updating of a sign program Where applicable to a given development, an approved sign program is a pre -requisite to some benefits of the proposed amendments, including the use of an ECM, "A" -frame signs, and Neighborhood and Industrial Subdivision Signage, for example. Requiring the removal of dilapidated signs for abandoned businesses — This proposed requirement also includes an exception to the removal rule, for signage recognized as a part of the City's Historic Preservation or Public Art programs. Clean-up/House Keeping Clarifying exemptions for City signage. Emergency order reliefprovision. Removal of Mural regulations for relocation and administration under the Public Art Program. Expanding the description of items that may be placed on business property to attract attention. Clarification of the review process (combined with site plan approval). Reducing redundancy/Increasing user friendliness One example is the merging of two sections that have similar regulations (e.g. Mixed -Use Development Identification signage and Neighborhood signage sections). ME Page 794 of 897 Sign Code Update See Exhibit "A" for the proposed amendments as shown in the marked -up version of Article IV. Sign Standards. CONCLUSIONS/RECOMMENDATION If the subject amendments are approved, a very proactive implementation program is warranted to inform local businesses of the new opportunities offered by the updated Sign Code, as well as regular monitoring and evaluation for the achievement of intended objectives. It is anticipated that successful exposure to, and consideration of, the new Industrial Subdivision Signage provisions will require city staffs engagement with local businesses and owners associations. At minimum, such involvement by city staff is needed to facilitate dialogue among operators, assist through the review processes, and even to explore local funding sources. In addition, the proposed amendments require coordinating with the CRA to establish acceptable targeted "A" -frame sign options, and warrant follow-up amendments to other sections of the Land Development Regulations including Chapter 1, Article IL Definitions for the addition of new terms and updated graphics. Also, Chapter 4, Article IL Landscape Design and Buffering Standards should be amended for consistency with the change in requirements for landscaping of signage in the urban areas. Lastly, staff will continue working to complete the transferring of the Mural Regulation out of the Sign Code and establishment of the Mural Policy and corresponding administrative guidelines. Staff recommends that the subject amendments intended to update the City's Sign Code be approved. Attachments -5- Page 795 of 897 waft A^11461 wk 0 t$%j I ii NTON B �E A C H REVIEW OF LAND DEVELOPMENT REGULATIONS SIGN CODE UPDATE DECEMBER . Page 796 of 897 1111,111 111" 1 -regulations lack fie.xibilit , & options.... too stringent. fuir ass iiii °Iii liiiii 111111 111111 lAoft rilillft'll,lIFIFT � a i^ Awoft M, 11R, Page 797 of 897 �rRGE00 '-"ESQjXs cr'�V 0 L.o5gos & area and awniii ngs) Options for iii iii creashng ccdVr F/Rl usee and of Sign jorogIrmlis 0 Ccmns�stency W�tll nisuida-tes and lingadjorecedemicee Ol "I "I , ��iushness I wgn vsikb� Ol "I iiia,eii suds &iineedis standards Page 798 of 897 411117S SUMMARY 101" Nill 01"FABLE AMENIIIDMENIII VIII' ° VIIIcariqpy, arid ""A . . ............... frarne &111i11'grls Sign for ii iii excqp°tiaris Setbadk reductiiii I= riAwoft Alillft'llll IF7, IM, 11R, mrw�A "ire Page 799 of 897 0''1" 11 E R A M E Nill D M E Nill "" I h an ara b I e ��m enti2n, S�peedhrig uIII igri iiiii iiiews ReirnoVhrig "VIII ftraVIII s", firarn ii iii ii iii fraim gerieraVl staridards hiistahic ariiii IIII Vlaques IIIII'IIIIIIIIIIIII; xIpiii dhrig siiVIII ,dill ,iiiii° I= riAwoft Alillft'llll IF7, IM, 11R, � �pq pl ARKET' V mrw�A "ire Page 800 of 897 0''1" 11 E R A M E Nill D M E Nill "" I h an ara b I e ��m enti2n, III Addhrig exeirnIIIqtiari far ii iii ihri areas Aldbw excqqtiari for ur111 iri &111�11'grls ceirtaiihri s�pedi4l everit s�igriage Fraim ii iii imakihimuim INlade ii iii iiiii iii iliumakilium uim slll�li'gri area pehiod rdhief I= riAwoft Alillft'llll IF7, IM, 11R, � �pq pl ARKET' V mrw�A "ire Page 801 of 897 .1. S a '' AAPPROVAL 11116°° iiiii iimote U[thimate driges 11116"'°°°11111 ir ass iii °iiiii iiiii g Wi°thIIII iiiii iiiii rd iii iiiii °iiiii IIIII'��IIIIIIIIIIIII; VIII IIIII'IIIIIIIIIIIII; VIII use, IIII VIII iiiii iiiii a VIII ihimIpact II iiiIllll iiiii°IIII IIID iiiiiiiiiiIIII VIIIiiiiiiiii°,, °iiiii iii e IIII iii iii iii Aim,drid otheir11116 ,11111' IIID ir mrisiist,dricy iii iiiii erit a VIII (IIII staff affected Page 802 of 897 ARM ri III II °� IIIIIII III III SI'llI. III IIIA IIIA III IIIA Ilr° �III� � III " III IIIA Ill�lii IIIA . � lii IIIA L... . �IIIVI Ill ;111111° ilii ....IIIa S.III Illi lii Illi ilii 111 Ill; Cllr°Iii IIIIII IIL..... VIII III IIIIIIIlii Ilr° III.... Ilr°Illlii III; ;III III August 20,16 III III III Ill; llr°Iii .III III IIL..... III r° 111 Cllr° III A. III....III III III::20,10 IIL III III III III III .IIIIIL... rl IkIIr . IIL.. III III Ilh..... III20,16 .III �:....g..IIL,.:..!!L.ill.............. ; ;..IL .............: .... III \A/63cast I,Bias, VAy 2021 II Ilh..... III IIIA Iii IIIA . ... .... IIIIII IIIA ,� ilii IIIA IIIA � � III; ;III III �. IIIIII IIIA VIII°° �III� IIIA VIII°° � III : IIIr peIrnIII,t qaplicatiaris and staff carnirnen,ts I= Awoft Al"I l,l a a i^ FriM, IFR, r ii- Mfg Page 803 of 897 Page 804 of 897 12. B. Legal 12/7/2021 Requested Action by Commission: Proposed Ordinance No. 21-032 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws applicable to Home-based Businesses. City initiated. Explanation of Request: On July 1St of this year, new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Exhibit "A" — HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home-based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note #34. The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use (i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit "B" for the proposed amendments to the above -referenced sections, shown in underlined and cross -out text. CONCLUSION/RECOMMENDATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 applicable to regulating Home-based Businesses with the City of Boynton Beach. The Planning & Development Board reviewed the subject item at its November 24th meeting and forwards it with a recommendation for denial". Page 805 of 897 The Board understands the pre-emptive impact of new state laws on the City's regulating of home-based businesses; however, their position is construed to hope that the City could have more specific standards that could regulate the possible intensity of the business and/or area of the home that can be used for the business. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None Recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type f firdliir:air CE) Staff IRE)p.:irt 1:::::.xhilbit Description f firdliir:a l['IC2, a irTIE)i:dliir g I UIR w: EICUOIIIS 0111 Ih oirTIEs ba SE: ,d IbL.ai§i1r'1E)S E)S Staff IRE)p '.:ir t I 110L.a SE) IB li llll 403 Page 806 of 897 I 2 ORDINANCE NO. 21- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 6 AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, 7 ARTICLE II. DEFINITIONS, CHAPTER 3, ARTICLE IV, SECTION 1. 8 OPERATIONAL PERFORMANCE STANDARDS, AND CHAPTER 3, ARTICLE 9 IV, SECTION 3.D. USE MATRIX AND NOTES AS NECESSARY TO SHOW 10 COMPLIANCE WITH, AND IMPLEMENT NEW STATE LAWS APPLICABLE 11 TO HOME-BASED BUSINESSES; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, On July 1 st of this year, new state law became effective under the initiative 16 of House Bill No. 403 that, in part, limit the regulatory authority of local governments over 17 Home-based Businesses; and 18 WHEREAS, the new laws essentially allow any business, including retail sales, to be 19 operated at a residential property with the only rules or standards applying to or involving 20 number of employees, vehicle parking, physical appearance, performance standards (e.g. 21 noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of 22 corrosive, combustible, flammable or hazardous materials or liquids; and 23 WHEREAS, while most aspects of the new state laws represent a more liberal 24 regulatory system for Home-based Businesses, the laws do exceed the standards of the City 25 by prohibiting the parking of vehicles and trailers used in the operation of the business, in 26 the abutting right-of-way and sidewalk, and on any unimproved surface; and 27 WHEREAS, the City Commission of the City of Boynton Beach has considered the 28 recommendations and has determined that it is in the best interest of the citizens and U S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 807 of 897 29 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 30 Development Regulations as contained herein. 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 32 OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing whereas clauses are true and correct and are now ratified 34 and confirmed by the City Commission. 35 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 36 "General Administration", Article II "Definitions" is hereby amended as follows: 37 38 HOME..... -,IIIA.........S11F.II ......1113U I�,INIIFSS - T"^ �„9 R 4•„ ,;4 ... 39 =' Win. ;bQ irar ~ ~ d i+si. ~ -, 40 ` . ~. y .......of'........... 41 ~, ....: ~....... ~ .. ~ .e--E~.n..........~ ........ ~...ve. ~.nd. 42 e. I .Ani OC Cu , at o I , n0fe s slt3r� ac i i or use that I s a secondar and Incidental ..................................................................................................................................................................................................................................................................................................................................................................................................................................... 43 use of a re slderitia1 . n0 , en(, anlC� Ic %,t3nlC�uCdeC� t3nl ,(ie , n0 , en(, wl ,(i aCd IVH anlC� Inl ,enlc I , ................................................................................................................................... .................................................................................................................................................................................................................. ................ ................... 44 similar to the active y and irAerislt of a home where no home-based business Is conc�uc�ec� 45 and Wit, i0ut, ("iaVIn1C a n1eC ative i , act On the residential tial character and architectural46 aesthetics of the 47 48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 49 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, Sec. 3-D. Use Matrix (3-D), and 50 Zoning Matrix Note #34 are hereby amended as follows: 51 52 53 54 2 S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 808 of 897 55 56 (3-D) Ch. 3. Zoning, Art. IV. Use Regulations, Sec. 3. Use Regulations, Sec. 3-D. Use Matrix 58 59 ZONING MATRIX NOTES 60 Sec. 3-D Use Matrix Notes - Note #34 -ba_ ,ed busir1ess. 61 34. Home.... �•�a............................................................................................ 62 a. Home w .b,a-s, .dbL..]s„i„r], .s.ses.. shall be permitted subject to these specific 63 regulations d : ` i_r,;te.nc�, d t,c�••••••pi .�>...rv......��_r�,c�....; ..protect` . residential 64 neighborhoods „r,c......1..�r...p.1... r...r�:....��„r�,c�...... nforc;,i_r�,Cjap livable stake laws.; 65 ..... -.k. --..- : wh .n - .....`. re. ` . e ... ` 66 . In order for any homecs,ca,„>„i„r,.>.>, to be permitted or 67 continue to be permitted, the following performance standards shall be agreed to in -,`� a� 68 writing..... ....... _ .. '._ ., >...... -'. -,. - -..,. 69 PC -en : 70 (1) Compatibility. I.........L..]s!..r]..>_>.....ac;t.!.vj.:�y..._> ..i I..1.........._> c,.o,r7,c�.a.[ �o the use of the . ro. er'� 71 a_s••••,a•••••,r..es der];t;,i,aI••••_dwe'•1_I••i•,r,r and T�,he residential character and integrity of the 72 neighborhood must not bed`. --bi—_dd ,r r d d .G2y the business activity. As viewed 73 frorrr....:t:.��......str .:t:....or..-��,�i,ua,��,i-r7,C ropertie - the occupational activity.t�.r�.....:�,f�, 74 ro . er'te . +-shall be corisisterit with the uses of the residential areas .p...................................................................................................................................................................................................................................................................................................................................................................................... 75 1,,Li,��.:t:..._>_�a•,r,r,c�,�a•,r7,c�....:t: Ie......k2..rc2.k2..c:(:y.::+� 76 (2) Size. A home occupation shall only be conducted ��,�>,,,,,��,,,,,� c;,orl,c�,ary,,,,,��„c�,i,v,i„�;y,,,,,ua,�>,i„r�,g 77 .1ess.....:t:. �.ar�..... :f.:f�y y percent ( :`�,(),%) of the • . . _, � � . rincipaI 78 dwellingar7c� ar7 a .. roved accessor structures on the . ro . er't �w ............................................. 79d S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 809 of 897 Indu Residential Commercial Mixed -Use stria I Misc P= Permitted C= m Conditional ccessoryoc oc oc oc o� o� a v v v v v CL vii a s CWe RESIDENTIAL & LODGING Home P P P P P P P P P P P P P -, 34 34 34 34 34 34 34 34 34 34 34 34 34 3ased 3usiness 58 59 ZONING MATRIX NOTES 60 Sec. 3-D Use Matrix Notes - Note #34 -ba_ ,ed busir1ess. 61 34. Home.... �•�a............................................................................................ 62 a. Home w .b,a-s, .dbL..]s„i„r], .s.ses.. shall be permitted subject to these specific 63 regulations d : ` i_r,;te.nc�, d t,c�••••••pi .�>...rv......��_r�,c�....; ..protect` . residential 64 neighborhoods „r,c......1..�r...p.1... r...r�:....��„r�,c�...... nforc;,i_r�,Cjap livable stake laws.; 65 ..... -.k. --..- : wh .n - .....`. re. ` . e ... ` 66 . In order for any homecs,ca,„>„i„r,.>.>, to be permitted or 67 continue to be permitted, the following performance standards shall be agreed to in -,`� a� 68 writing..... ....... _ .. '._ ., >...... -'. -,. - -..,. 69 PC -en : 70 (1) Compatibility. I.........L..]s!..r]..>_>.....ac;t.!.vj.:�y..._> ..i I..1.........._> c,.o,r7,c�.a.[ �o the use of the . ro. er'� 71 a_s••••,a•••••,r..es der];t;,i,aI••••_dwe'•1_I••i•,r,r and T�,he residential character and integrity of the 72 neighborhood must not bed`. --bi—_dd ,r r d d .G2y the business activity. As viewed 73 frorrr....:t:.��......str .:t:....or..-��,�i,ua,��,i-r7,C ropertie - the occupational activity.t�.r�.....:�,f�, 74 ro . er'te . +-shall be corisisterit with the uses of the residential areas .p...................................................................................................................................................................................................................................................................................................................................................................................... 75 1,,Li,��.:t:..._>_�a•,r,r,c�,�a•,r7,c�....:t: Ie......k2..rc2.k2..c:(:y.::+� 76 (2) Size. A home occupation shall only be conducted ��,�>,,,,,��,,,,,� c;,orl,c�,ary,,,,,��„c�,i,v,i„�;y,,,,,ua,�>,i„r�,g 77 .1ess.....:t:. �.ar�..... :f.:f�y y percent ( :`�,(),%) of the • . . _, � � . rincipaI 78 dwellingar7c� ar7 a .. roved accessor structures on the . ro . er't �w ............................................. 79d S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 809 of 897 80 81 Tthe , nr7cl , al situ >e >�iall rite, be used for the business in a manner that , reVeri��> ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 82 on a dail basis the use of that s ,ace as it i s intended for residential , ur. oses. ..................................................................................................A................................................................................................................................................................................................................................................................................................................................................................................................................................ y p p p 83 T,11,eC ei_YeiC e rrra be a SeC� t,t3 su , , t3rt, t,lie bulriecc aCtlVlt, Iri lieu of its Intended 84 uar. t3 se ac vehicle stt3r�i,C�e, If t�iere rerrlalric Ca , aClt for the rrllrilrrlurrl re ulred ?.............p.....................................:.......................................................................................... w p y q 85 ,,,.� dJ.1ined and a , , roved 86 ur uei,li „ ,c,l ,y >tar�clarcl >. Al t3, see Iterrl beNOw re andm "Parkin 87re..q.ua..l..r,e,rrr,e„r7;.` 88 (3) On-site Restrictions. The home 4 ` ,;,,,;,,,,a s,ec b u„sI,r1ess shall e conducted at 89 the approved address only by residents of that dwelling unit anda r.i.axJr.r.].L..irr,, 90 of two non-resident erre . to ees. 3usir�ess activit ir7volvir7t I[r7teractior7 wish ...................... p......................................................................................... V....................................................................................................................................................................... 91 cup>tt rrrc.r S c I.J.2 r] t 5 a s s o f,1..:e.>......t.r..._(:..e......1...!.I.<...c.A..........h .l..I......ori„I, be conducted within the 92 p.r.!.r�.c!..p.��.�......>,.rua..c.ua..re....,” .. , �y„ r,,>v,, �.... _ .....; 93 .` .. ..... its 'fie.....h.. - `.5 1•,,, L , ..� ....# :, ..-.. ` s 94dam^°'$1' te!. ra..a....f.�e `. ..+v.` .... :....` ....: `.d -U 95 96 97 4 Performance Standards. A horne-based business shall o .erste in full cora . liance ().................................................................................................................................................................................................................p...............................................................................................................p........................................ 98 w.!.::. 1.....re..q.ua.!..reme.ri.:t:.>.....t�:f...:t:.he......I ��„r7,c�........e•v•e..�_t�..p.rr�.er�.:�:..... ,c�ulatic�r7s, Chapter .:3, Article N. 99 rho equipment or process shall 100 be used in a home.-..: o-eew p-atk)-R�i,��se.c�,,,,,,bua,�>,ine.�>.s that creates fumes, glare, noise, 101 odors, vibration, --r-electrical interference A.....etc w.L].icb.,,,,.are: detectable to the normal 102 senses off the... p.e„r;(; thereb creatir7 a r7uisar7ce car hazard tc r7ei hborin 103 re.s.ide,ri.ts In the case of electrical interference, no equipment or process shall be 104 used which creates visual or audible interference in any radio or television 105 receivers off the premises ..... ..e.....ua..>.e.A........arid .....%.r.g.....t..r.....>. t,.r .g.e......t:.....rjycorrosive, 106 corrrbustible or other hazardous or flarrimable materials or Ii uids roust cora . I ...................................................................................A...................................................................................................................................................................................................................................................................................................................................................................................................................................................... ......... q py 107 .i.:t:.��.....��..l...l......a..�,i.c.��..I.e.....I..c�c,��..I. �>�,��;�.e......t�.r....:fec�,.e.r��.l......re.��alations. 108 (5) Traffic. No p.�.[ji-ngt-r -fic. shall be generated by a home,.-.�i,��se.c�,,,,,,bua,�>ine.>.s 109 eEE' ) ` . that would riot riorrrrall be ex. ected at a sirrrilar residence where rio ...................................................................................................................................................................................................p.......................................................................................................................................................................................................................................................... 110 .L.I. s!.ri. e>>....!.>...,,c;,or,dL..]c,tec�...::..` .. a ........ �.: - .... III ,:6 Any vehicle or trailer a sed too ,erste the business grid ............................................................................................................................................................................................................................................................................................................................................. 112 store C� , arl<ecI t3ri file , rerrllses rrlust be , arl<ecI Iri C�esIC riateC� , arl<IriC s , aC es ariC� ....................................................................................................................................................................................................................................................................................................... 113 not within the rit ht -of- wa on or over the sidewalk or on ar7 ur7irrr .raved 114 surfaces at the resideri.ce. This includesand or landsca . ed areas and the drainac e 115 Swale. Parkin c , eiCec t3ri t,lie , ro, ert, rYlut be Iri Corry ,Ilarite with the 116 re ulrerrlerit,c for the rec , eCtlVe re slC�eritlal a se ac IriC�ICat,eC� Iri ” - a ................................................................................................................................................................................................................................................................................................................................................................................................................. 117_` �,•. t....,. �,J, , .... _ ......�,ii �•, �•„>f_ 118�” { � ..- 4 -Chapter 4, Article VI....t�:f...:t l �.e.....u:::::��,.r7.c�.......eve.l,.c�,p.� r.e.rrt 119 Recjulation�.. J[r� addltiorl truck parl<Ir�c t ri the prt per'Uy rrru >t alp>t rrralr�talr� 120 cora . liar7ce with the re uirerrierits of the Cade of Ordir.iar�ces Part 2 Cha . ter 14. ....................................................................................................................................................................................................................................................................................................................................................................................................................... A............................................. A................................................................................ p q p S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 810 of 897 121 (6) Storage. All storage of materials or supplies used in the home occupation x"- 122 49m..... 123 shall not be visible from adjacent residential 124 u nits �C:tfs street. #a- +-4 y �h ,�. k .........:....... - 125�a ~ ~ : ........� w, ~, rd. ~ .......yi . . 126 ac..ti*44eq T,Lr arare ma be used for the storage of vehicles, materials ar�d 127 su ..lies that su ..ort the busir7ess activit aril if there rerrrairi ca . acit for the ..............................................................................................................................................................................................................................................................................e................................................................................................................................................................................................................................................. pp pp y y p y 128 rrrir7irrrurrr re wired . arkinr s . aces for the house on driveway surfaces desir tied ..................................................................................4..................................................................................................................................................................................................................A............................................................................... 129 and a .-y .. roved . ur )u,� r7 o City )tarldarcf ). ............................................................................................................................................................... y 130 (7) Signage. No sign, display g.r....�..L1 ob`ect used to advertise thebusiness W shall be 131 .p..k�.g.d....!..rl....:I .....ya.r.d r.....2r7.....ar7,�. nr7c;ipa or ecce.>.>ory .>truc�ure v�-. ��,��-�,x.+�......a 132 +� ~ . ` ~ ~ ~ „-r „��„ 133 ex4t-r4wa-df.....te..... ��r+44�..... {atirx trc e. 134 (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the 135 requirements of Chapter 14 of Part II, Code of Ordinances and used principally for 136 the subject home occupation, may be parked in a residential zoning district.,ny, 137 vehicle or trailer used too .erste the business and stored . arl<ecf ori the . rerrrises ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ p p p 138 rrr,LaSt,,,,,Gds ......p.��„r,l< c�.....j..r7.....c�..�>j.g.r7,��;�; c�.......p.��,.rl<,i,.r7,r s . aces and riot within the rir ht-of-wa on 139 or over the sidevL.aI1<,,,,,_ol on arl ur�irrr . roved surfaces at the residence. This 140 ir]cludes and or lar�cf sca . ecf areas and the drainar e Swale. Parkinr s .aces on the ...........................V.................................................................................................p.............................................................................................................................................................................................................................................. 141 p,EQQ.. -r:(;y rrrust be ir7 corrrpliar7ce with the requirerrrer7ts for the res . ective 142 residential use as indicated in the I....and Develo . rrrer�t Rer ulatior�s Cha .ter 4 ............................e......................................................................e.. p p 143 Articles V arc.. VI[ ar�cf a.. licable technical cfrowers. W -E) Such vehicles or ......................................p................................................................................................................................................................................ .................... 144 1,,r� Ller,smust be used by a resident of the premises;,,r,,,,,c�;t;,her,,,,,bua„r>,ines,�>,,,_op, _r��;�;,c�,r,,,, 145 and no more than one (1) such truck shall be located on the premises. 146 (9) Miscellaneous. A home occupation shall be subject to all business tax provisions 147 defined in Part II of the City Code of Ordinances. 148 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3, 149 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, is hereby amended as follows: 150 Sec. 1. Operational Performance Standards. 151 All existing and subsequently considered uses ..-of,,,,,�,,rc�..p...r:(;y,%,rI.,c,,l„ua,c„i„r,r resicfer�tial ar�cf horrre- 152 b. as, .dbLa-sir]ess..r located within the city shall conform to the operational performance 153 standards set forth below, and shall be constructed, maintained and operated so as not to 154 differ frorrr what is considered corrrrrror] withir7 the irrrrrrediate area and not r]oticeable to .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 155 �......��. 9..r ........::.... ..p..r .r>...r:.r>.....a nuisance or hazard to...:t,.r .....ri.or.r.r.]a..I....-s ..r se s... -of. persons;....s-2d. animals; 156 vel ~ w ._ted ....c�.r�,,,,,adiacent or nearby properties or rights-of-way; or to 157 interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of 158 noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 811 of 897 159 glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, 160 liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried 161 out so as to create any nuisance or hazard which is a violation of any applicable federal, 162 state, county, or city law or permit, and all such laws and permits are hereby adopted as 163 performance standards in these zoning regulations. 164 Section 5. Each and every other provision of the Land Development Regulations 165 not herein specifically amended, shall remain in full force and effect as originally adopted. 166 Section 6. All laws and ordinances applying to the City of Boynton Beach in 167 conflict with any provisions of this ordinance are hereby repealed. 168 Section 7. Should any section or provision of this Ordinance or any portion 169 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 170 affect the remainder of this Ordinance. 171 Section 8. Authority is hereby given to codify this Ordinance. 172 Section 9. This Ordinance shall become effective immediately. 173 FIRST READING this 7th day of December, 2021. 174 SECOND, FINAL READING AND PASSAGE this day of January, 2022. 175 CITY OF BOYNTON BEACH, FLORIDA 176 177 178 179 180 181 182 183 184 185 186 187 188 Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO 6 S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 812 of 897 189 ATTEST: 190 191 192 Crystal Gibson, MMC 193 City Clerk 194 195 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 813 of 897 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: November 18, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws regulating applicable to Home-based Businesses. City initiated. BACKGROUND/INTRODUCTION On July 1st of this year, new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Exhibit "A" — HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home-based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note 434. The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended Page 814 of 897 Home-based Business (CDRV 21-003) business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use (i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit "B" for the proposed amendments to the above -referenced sections, shown in underlined and cross -out text. CONCLUSION/RECOMMENDATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 applicable to regulating Home-based Businesses with the City of Boynton Beach. -2- Page 815 of 897 F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S ENRM..,L&D CS/HB403, Engrossed 1 1 2021 Legislature 2 An of relating to horne-based businesses; creat.ing s. 3 559.955, F.S;rohibiting local.. governments from. fro .P 4 takimg certain actions relating to the licensure and 5 regulation. of 'home based busimesses; specifying 6 condit.ions under whi,ch a busimess is considered a 7 home based business; defining the term "heavy 8 equipment"; authoriz-Lng home based bus.inesses to 9 operate in areas zoned for residential -use; specifying 10 that home-based 'businesses are subject to certain 11 business taxes; authorizing adversely affected current 12 or prosu P - ect..i..ve home based business nr ess owes to challenge . 13 certain local. government actions; authorizing the 1.4 prevailing party in. such challenge to recover 151 s- ecified attorney fees and costs; roviding that .P P 16 certain. existing and future res.-.-Ldential association. 1.7 declarations and documents are not superseded by the 18 act; providing that certain local laws, ordinances,, or 1.9 regulations are not are not superseded; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 559.955, Florida Statutes, is created 21 to read- 29,� CODING: Words MOGken are delefionsN words undefted are addlifions.. Page 816 of 897 F L 0 R I D A H 0 U S E 0 F REP RE S E N T A T I V E S ENROLLED CS/IHIB403, Engrossed 1 26 559.955 Home-based businesses; local.. . ................... _92y2Enm nt 27 restrictions..-_ 28 estrictions.-- 28 (1) Local governments may n..2t enact or enforce 29 ordin.a�.nce, �reulation, or polic or take any action. to license 30 or otherwise re ulaLe a home-based business in violation of this 31 section.. 32 (2) A home-based businesst.h&t op :rates from a res.idential 33 ction (3) 34 (a) May operate in anarea zoned for residential ase® 35 (b) Mall, not be prohibited, restricted . .......... regulated, or .................... 361 licensed in. a manner that is different from other businesses in. 37 a local j2y2,E��.risdiction, c exas otherwise 2rovided ...... ...... _ - ... �1_ a t- 38 inthis sect.ion. .. .. ......... 39, (c) Is only sRb`ect to S licable business taxes under j_ �pp 40 the county and m.u:m-I..c.J..2a1.ity in which the home - 41 ......... 41 based busiLness is located® . . ........................... wwwwww 42 (3) For urposes of th.is secti.on, a business is considered 43 a home-based business if it operates, inwholeor in part, from .............. 44 a. residential 2ro.!2.ria: . .................. 45 (a) The y _�jmjjo ees of the business who work at the _L - 46 residential.. dwelling must a1so reside in the residential 47, dwel.1in , except thatpI.oyees or Of two em. 481 Inde en.dent contractors who do :not reside at the residential.. 49 dwelliLpmawork at the 'business. The business Ln,�,y ha. 50 additional.. re-a_oteem-)1ojjes that do :not work at the residential Page 2 of 5 CODING: Words f, F[GkA,,,')4I- are Metions; words wideiiihied are aftfions. hb0403-03-er Page 817 of 897 IF L 0 R V D A H 0 U S IF 0 F IFS EIP IF IFNTAT IIVES ENRO'T..,LED C8/H13403, Engrossed I. Mzu�� 51 dwel] LnQ - 52 (b) parkin,q related to the business activ.iLties of the . . .. .. ..... . . . ................. . ....... . .53 home.....based business corm. .l.... -Le with local zon..ing reguLrements and 54 the need for Dark.ing generated by the business may not be ..... . . . .. . . . . ................................. ............ 55 reater in. volume than would :normallbe expected at a similar Ires.idence where no business is conducted® Loca.1 governments may 57 re_qu.1ate the us.e of vehicles or -trailers operated or parked at 58 the business or on a street right -...of way, provided that such 59 regulations are not :more stringent than those for a residence 60where no business is conducted. Vehicles and trailers used in 61: connection with the business must be parked in. "Leqal p,a �kin(. 62 spaces that are not located w.ith.JLn the ri2ht-of-way, on or over ................. — 63 a sidewalk, or on. any uniLnproved surfaces at the residence. 64 Local qovernmenj_mru _reqj�late........ the parking or storage of heavy ......... ...... . 65 equipment at the business which is visible :from the street or 66 the term 67 "heavy equipment" means commercial, industrial-, or agricultural 68 vehicles, equi2ment, or machine 69 (C) AS viewed from the street, the use of the residential -i0 Lpro)erty is consistent with the uses of the residential areas L . ..... . ... . ..... ___ ...... . ..... . — 71. that surround the pro ,perty. External modifications made to a 72� residentia.1 dwel.ling to accommodate a home-based busimess must 73 conform to the residential character and architectural 7 4 aesthetics of the L_e.: _hborhood. The home-based business may not . .............. 75 conduct retai.1. transactions at a structure other than the COMING: Words sMakeff are Mefions; words underhii'ied are addlibons. M0403-03-er Page 818 of 897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB403, Engrossed 1 2021 Legislature 76 residential dwelling; however, incidental business uses and 77 activities may be conducted at the residential PropertV. 78 (d) The activities of the home-based business are 79 secondary to the aro:rert 's use as a residential dwellin 80 (e) The business activities comply with any relevant local 81 or state regulations with respect to si naQe and erLuippment or 82 processes that create noise, vibration, heat, smoke, dust, 83 Aare, fumes, or noxious odors. Anv Local rec,ulations on a 84 business with resect to noise, vibration, heat, smoke, dust, 85 _glare, fumes, or noxious odors may not be more stringent than 861 those that ani l toa residence where no business is conducted. 87 (f) All business activities comply with an.y relevant 88 local, state, and federal regulations with respect to the use, 89 storage or disposal of any, corrosive, combustible, or other 90 hazardous or flammable materials or liquids. Any local 91 regulations on a business with respect to the use, storage, or 92 disposal of any corrosive, combustible, or other hazardous or 93 flammable materials or liquids may not be more stringent than 941 those that apply to a residence where no business is conducted. 95 (4) Any adversely affected current or prospective home - 96 based business owner may challen e any local government action 97 in violation of this section. The Breva jli arty.. a 98 challenge may recover reasonable attorne° fees and costs 99 incurred in challenging or defending the action, including 100 reasonable appellate attorney fees and costs_. Page 4 of 5 CODING: Words 9;,, °p.dc!P.p are deletions; words u! il'�ldgji�i are additions. hb0403-03-er Page 819 of 897 F L O R I D A H O U S E O F ENROLLED CS/HB403, Engrossed 1 R E P R E S E N T A T I V E S 2021 Legislature 101 (5) The a lication of this section does not supersede: 102'I (a) Anv current or future declaration or declaration of 103 condominium ado ted pursuant to chapter 718, cooperative 104 document adop.ted.pursuant to chapter 719, or declaration or 1051 declaration of covenant adopted )ursuant to chapter 720. 106 (b) Local laws, ordinances, or reuulations related to 107transient public lodging establishments, as defined in s. 108 509.013 (4) (a) l., that are not otherwise areem ted under chapter 109 509. 110 Section 2. This act shall take effect July 1, 2021. Page 5 of 5 CODING: Words &WskFo are deletions; words iiinderhii°u�i , are additions. hb0403-03-er Page 820 of 897 Page 821 of 897 12.C. Legal 12/7/2021 Requested Action by Commission: Proposed Resolution No. R21-174 - Approve and authorize the Mayor to sign all Opioid Litigation Settlement Documents. Explanation of Request: At the City Commission meeting of November 2, 2021, the Commission authorized the Mayor to register for the purpose of receiving documents related to the National Opioid Settlement. Following registration, the Mayor received settlement documents that require signature prior to January 2, 2022. This resolution authorizes the Mayor to sign the attached document and any subsequent documents needed to formalize the City's participation in the settlement. Absent participation, the City will not be eligible to recover settlement funds. How will this affect city programs or services? n/a Fiscal Impact: Failure to participate will disqualify the City from receiving settlement funds. Alternatives: Do not authorize the Mayor to sign which will disqualify the City from participating in the settlement and receiving settlement funds. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 822 of 897 Type AttacftrTIENI'lt Description IRE)SOkAboin &Jlthoriziing ChE) li ayor to sigin all doCLAirTIENI'AS ir'E)btEd to ChE) INahoinall Qpioid I itigaboin SE)ttblirTIENI'lt F::]orida SLAbdivisioin IFla irticApaboin IF:::oirim aind 1==:Ilorlida Qpioid Alocaboin aind S tatE,WdEl IRE)SlPOIIISE,Agir'E�IENrTIENI'lt Page 823 of 897 I RESOLUTION NO. R21 - 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 APPROVE AND AUTHORIZE THE MAYOR TO SIGN ALL OPIOID 6 LITIGATION SETTLEMENT DOCUMENTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 3 10 WHEREAS, the City of Boynton Beach has suffered harm from the opioid 11 epidemic; and 12 WHEREAS, the State of Florida and lawyers representing certain various local 13 governments involved in the Opioid Litigation have proposed a unified plan for the 14 allocation and use of prospective settlement dollars from opioid related litigation; and 15 WHEREAS, tt the City Commission meeting of November 2, 2021, the Commission 16 authorized the Mayor to register for the purpose of receiving documents related to the 17 National Opioid Settlement; and 18 WHEREAS, this resolution authorizes the Mayor to sign the current document 19 received and any subsequent documents needed to formalize the City's participation in the 20 settlement. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 22 OF BOYNTON BEACH, FLORIDA, THAT: 23 24 SECTION 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 SECTION 2. That the City Commission approves and authorizes the Mayor to 27 sign all settlement related documents for the City to participate in the National Opioid 28 Litigation Settlement. 29 SECTION 3. This Resolution shall take effect immediately upon its adoption. 30 31 S:ACA\RESO\Authorizing Mayor To Sign For Opioid Litigation - Reso.Docx Page 824 of 897 I PASSED AND ADOPTED this 7th day of December, 2021 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 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\Authorizing Mayor To Sign For Opioid Litigation - Reso.Docx VOTE YES NO Page 825 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 PARTICIPATION INSTRUCTIONS Thank you for registering your subdivision on the national settlement website and for considering participating in the proposed Settlement Agreement with Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho -McNeil -Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. (collectively "Janssen"). This virtual envelope contains a Participation Form including a release of claims and an Intrastate Allocation Agreement. The Participation Form in this envelope must be executed, without alteration, and submitted in order for your subdivision to be considered potentially "participating." The sign -on period for subdivisions ends on January 2, 2022. On or after that date, the states (in consultation with the subdivisions), Janssen, and the Opioid Distributors will determine whether the subdivision participation rate is sufficient for the settlement to move forward. If the deal moves forward, your release will become effective. If it does not, it will not. As a reminder, if you have not already started your review of the settlement documentation, detailed information about the Settlements may be found at: s:ll11atigi al oiddselj le�eirt.co rn/. This national settlement website also ..................... includes links to information about how the Settlements are being implemented in your state and how settlement funds will be allocated within your state, including information about, and links to, any applicable allocation agreement or legislation. This website will be supplemented as additional documents are created. The Florida Attorney General's Office has also created a state -specific website that may be accessed here ua.a::.,�:llwww. iloa la e �a .e� l� �j„ojds ttlemeg- .....If you have questions, please contact your counsel (if you have counsel on opioids matters) or the Florida Attorney General's Office at Utah Attorney General's Office at.1.1 ��.11i- i -al � I:: ��.a oll. i a da e a . c� ..:.. Page 826 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Florida Subdivision Participation Form Governmental Entity: Boynton Beach city State: FL Authorized Si nato : Mayor Steven B. Grant Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity consistent with the material terms of the National Settlement Agreement with Janssen, dated July 21, 2021 ("National Janssen Settlement")acting through the undersigned authorized official, hereby elects to participate in the National Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows. The Governmental Entity is aware of and has reviewed the National Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Participation Form, the Governmental Entity elects to participate consistent with the material terms of the National Janssen Settlement and become a Participating Subdivision as provided therein pursuant to the terms of the National Janssen Settlement or pursuant to terms consistent with the National Janssen Settlement. 2. The Governmental Entity's election to participate is specifically conditioned on participation by Litigating Subdivisions and Litigating Special Districts representing 95% or more of the population (combined) of Litigating Subdivisions and Litigating Special Districts in Florida. Should the combined population of the Litigating Subdivisions and Litigating Special Districts in Florida that participate be less than 95% of the population (combined) of the Litigating Subdivisions and Litigating Special Districts in Florida, this Election and Release shall be deemed void and no claims shall be released. The Governmental Entity's execution of this Participation Agreement shall serve as the Governmental Entity's acceptance of the terms and conditions of the Florida Opioid Allocation And Statewide Response Agreement dated November 15, 2021. 4. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. The Governmental Entity agrees to the terms of the National Janssen Settlement pertaining to Subdivisions as defined therein. 6. By agreeing to the terms of the National Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. D.' D D Page 827 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 7. The Governmental Entity agrees to use any monies it receives through the National Janssen Settlement solely for the purposes provided therein. 8. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the National Janssen Settlement Agreement. 9. The Governmental Entity has the right to enforce the National Janssen Settlement as provided therein. 10. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the National Janssen Settlement, including, but not limited to all provisions of Section IV (Release), of the Janssen Settlement and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the National Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The National Janssen Settlement shall be a complete bar to any Released Claim. 11. In connection with the releases provided for in the National Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether 1001551 ❑ Page 828 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the National Janssen Settlement. 12. Nothing herein is intended to modify in any way the terms of the National Janssen Settlement to which Governmental Entity hereby agrees, with the exception of the requisite Litigating Government participation level. I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity Signature: Name: Title: Date: DR710. Page 829 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 FLORIDA OPIOID ALLOCATION AND STATEWIDE RESPONSE AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL w CERTAIN LOCAL GOVERNMENTS IN THE STATE OF FLORIDA This Florida Opioid Allocation and Statewide Response Agreement (the "Agreement") is entered into between the State of Florida (`State") and certain Local Governments ("Local Governments" and the State and Local Governments are jointly referred to as the "Parties" or individually as a "Party"). The Parties agree as follows: Whereas, the people of the State and its communities have been harmed by misfeasance, nonfeasance and malfeasance committed by certain entities within the Pharmaceutical Supply Chain; and Whereas, the State, through its Attorney General, and certain Local Governments, through their elected representatives and counsel, are separately engaged in litigation seeking to hold many of the same Pharmaceutical Supply Chain Participants accountable for the damage caused by their misfeasance, nonfeasance and malfeasance as the State; and Whereas, certain of the Parties have separately sued Pharmaceutical Supply Chain participants for the harm caused to the citizens of both Parties and have collectively negotiated settlements with several Pharmaceutical Supply Chain Participants; and Whereas, the Parties share a common desire to abate and alleviate the impacts of that misfeasance, nonfeasance and malfeasance throughout the State; and Whereas, it is the intent of the State and its Local Governments to use the proceeds from any Settlements with Pharmaceutical Supply Chain Participants to increase the amount of funding presently spent on opioid and substance abuse education, treatment, prevention 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;" and Whereas, the State and its Local Governments enter into this Agreement and agree to the allocation and use of the proceeds of any settlement described herein Wherefore, the Parties each agree to as follows: Page 830 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 A. Defmitions As used in this Agreement: 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 in 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 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. "Dependent Special District" shall mean a Special District meeting the requirements of Florida Statutes § 189.012(2). 6. "Municipalities" shall mean cities, towns, or villages located in a County within the State that either have: (a) a Population greater than 10,000 individuals; or (b) a Population equal to or less than 10,000 individuals and that has either (i) filed a lawsuit against one or more Pharmaceutical Supply Chain Participants; or (ii) executes a release in connection with a settlement with a Pharmaceutical Supply Chain participant. The singular "Municipality" shall refer to a singular city, town, or village within the definition of Municipalities. 7. "`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. 8. "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://allocationmap.iclaimsonline.com. 9. "Opioid Funds" shall mean monetary amounts obtained through a Settlement. 0 Page 831 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 10. "Opioid Related" shall have the same meaning and breadth as in the agreed Opioid Abatement Strategies attached hereto as Exhibits "A" or `B." 11. "Parties" shall mean the State and Local Governments that execute this Agreement. The singular word "Party" shall mean either the State or Local Governments that executed this Agreement. 12. "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. 13. "Pharmaceutical Supply Chain" shall mean the entities, processes, and channels through which Controlled Substances are manufactured, marketed, promoted, distributed or dispensed. 14. "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. 15. "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 Agreement. These estimates can currently be found at https:11www.census.gov. For purposes of Population under the definition of Qualified County, a County's population shall be the greater of its population as of the July 1, 2019, estimates or its actual population, according to the official U.S. Census Bureau count, which was released by the U.S. Census Bureau in August 2021. 16. "Qualified County" shall mean a charter or non -chartered County that has a Population of at least 300,000 individuals and: (a) has an opioid taskforce or other similar board, commission, council, or entity (including some existing sub -unit of a County's government responsible for substance abuse prevention, treatment, and/or recovery) of which it is a member or it 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, as of December 31, 2021, either providing or is contracting with others to provide substance abuse prevention, recovery, and/or treatment services to its citizens; and (d) has or enters into an interlocal 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. For avoidance of doubt, the word "operate" in connection with opioid task force means to do at least one of the following activities: (1) gathers data about the nature, extent, and problems being faced in communities within that County; (2) receives and reports recommendations from other government and private entities about activities that should be undertaken to abate the opioid epidemic to a County; and/or (3) makes recommendations to a County and other public and private leaders about steps, actions, or plans that should be undertaken to abate the opioid epidemic. For avoidance of doubt, the Population calculation required by subsection (d) does not include Population in unincorporated areas. Page 832 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 17. "SAMHSA" shall mean the U.S. Department of Health & Human Services, Substance Abuse and Mental Health Services Administration. 18. "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. 19. "State" shall mean the State of Florida. B. Terms 1. Only Abatement - Other than funds used for the Administrative Costs and Expense Fund as hereinafter described or to pay obligations to the United States arising out of Medicaid or other federal programs, all Opioid Funds shall be utilized for Approved Purposes. In order to accomplish this purpose, the State will either: (a) file a new action with Local Governments as Parties; or (b) add Local Governments to its existing action, sever any settling defendants. In either type of action, the State will seek entry of a consent judgment, consent order or other order binding judgment binding both the State and Local Governments to utilize Opioid Funds for Approved Purposes ("Order") from the Circuit Court of the Sixth Judicial Circuit in and for Pasco County, West Pasco Division New Port Richey, Florida (the "Court"), except as herein provided. The Order may be part of a class action settlement or similar device. The Order shall provide for continuing jurisdiction by the Court to address non-performance by any party under the Order. 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. 3. No Benefit Unless Fully Participating - Any Local Government that objects to or refuses to be included under the Order or refuses or fails to execute any of documents necessary to effectuate a Settlement shall not receive, directly or indirectly, any Opioid Funds and its portion of Opioid Funds shall be distributed to, and for the benefit of, the Local Governments. Funds that were a for a Municipality that does not join a Settlement will be distributed to the County where that Municipality is located. Funds that were for a County that does not join a Settlement will be distributed pro rata to Counties that join a Settlement. For avoidance of doubt, if a Local Government initially refuses to be included in or execute the documents necessary to effectuate a Settlement and subsequently effectuates such documents necessary to join a Settlement, then that Local Government will only lose those payments made under a Settlement while that Local Government was not a part of the Settlement. If a Local Government participates in a Settlement, that Local Government is thereby releasing the claims of its Dependent Special District claims, if any. M Page 833 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 4. Distribution Scheme — If a Settlement has a National Settlement Administrator or similar entity, all Opioids Funds will initially go to the Administrator to be distributed. If a Settlement does not have a National Settlement Administrator or similar entity, all Opioid Funds will initially go to the State, and then be distributed by the State as they are received from the Defendants according to the following distribution scheme. The Opioid Funds will be divided into three funds after deducting any costs of the Expense Fund detailed below. Funds due the federal government, if any, pursuant to Section B-2, will be subtracted from only the State and Regional Funds below: (a) City/County 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, which are attached to this Agreement as Exhibit "C." In the event that a Municipality has a Population less than 10,000 people and it does not execute a release or otherwise join a Settlement that Municipalities share under the Negotiation Class Metrics shall be reallocated to the County where that Municipality is located. (b) Rgggional 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 paragraph 5 of the Agreement, and according to the Negotiation Class Metrics. (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 State will appropriate the regional share for each County and pay that share through DCF 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 as directed by the Opioid Abatement Task Force or Council. The Managing Entities shall expend monies from this Regional Fund on services for the Counties within the State that are non - Qualified Counties and to ensure that there are services in every County. To the greatest extent practicable, the Managing Entities shall endeavor to expend monies in each County or for citizens of a County in the amount of the share that a County would have received if it were a Qualified County. (c) State Fund - The remainder of Opioid Funds 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 amount. E Page 834 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 (e) To the extent a County or Municipality wishes to pool, comingle, or otherwise transfer its share, in whole or part, of Opioid Funds to another County or Municipality, the comingling Municipalities may do so by written agreement. The comingling Municipalities shall provide a copy of that agreement to the State and any settlement administrator to ensure that monies are directed consistent with such agreement. The County or Municipality receiving any such Opioid Funds shall assume the responsibility for reporting how such Opioid Funds were utilized under this Agreement. 5. Regional Fund Sliding Scale- The Regional Fund shall be calculated by utilizing the following sliding scale of the Opioid Funds available in any year after deduction of Expenses and any funds due the federal government: A. Years 1-6: 40% B. Years 7-9: 35% C. Years 10-12: 34% D.Years 13-15: 33% E. Years 16-18: 30% 6. Opioid Abatement Taskforce or Council - The State will create an Opioid Abatement Taskforce or Council (sometimes hereinafter "Taskforce" or "Council") to advise the Governor, the Legislature, DCF, and Local Governments on the priorities that should be addressed by expenditure of Opioid Funds and to review how monies have been spent and the results that have been achieved with Opioid Funds. (a) Size - The Taskforce or Council shall have ten Members equally balanced between the State and the Local Government representatives. (b) Aintments 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 of less than 200,000 people and the other county representative must be from a county whose population exceeds 200,000 people. (c) ArIvointments State (i) The Governor shall appoint two Members. (ii) The Speaker of the House shall appoint one Member. It Page 835 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 (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) Term - Members will be appointed to serve a four-year term and shall be staggered to comply with Florida Statutes § 20.052(4)(c). (f) Support - DCF shall support the Taskforce or Council and the Taskforce or Council shall be administratively housed in DCF. (g) Meetings - 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 how 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 Governor, the Legislature, and Local Governments for priorities among the Approved Purposes or similar such uses for how monies should be spent the coming fiscal year to respond to the opioid epidemic. Prior to July 1 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. (') y,- The State and each of the Local Governments shall report its i Accountability ,it 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 expenditures on Approved Purposes. In setting those requirements, the Taskforce or Council shall consider the Reporting Templates, Deliverables, Performance Measures, and other already utilized and existing templates and forms required by DCF from Managing Entities and suggest that similar requirements be utilized by all Parties to this Agreement. 0) 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. 7. Administrative Costs- The State may take no more than a 5% administrative fee from the State Fund 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. Municipalities and Counties may take no more than a 5% administrative fee from any funds that they receive or control from the City/County Fund. 7 Page 836 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 8. 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. 9. 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 members of the Negotiation Committee regarding the terms of any other Pharmaceutical Supply Chain Participant Settlement. 10. Program Requirements- DCF and Local Governments desire to make the most efficient and effective use of the Opioid Funds. DCF and Local Governments will work to achieve that goal by ensuring the following requirements will be minimally met by any governmental entity or provider providing services pursuant to a contract or grant of Opioid Funds: a. In either performing services under this Agreement or contracting with a provider to provide services with the Opioid Funds under this Agreement, the State and Local Governments shall be aware of and comply with all State and Federal laws, rules, Children and Families Operating Procedures (CFOPs), and similar regulations relating to the substance abuse and treatment services. b. The State and Local Governments shall have and follow their existing policies and practices for accounting and auditing, including policies relating to whistleblowers and avoiding fraud, waste, and abuse. The State and Local Governments shall consider additional policies and practices recommended by the Opioid Abatement Taskforce or Council. c. In any award or grant to any provider, State and Local Governments shall ensure that each provider acknowledges its awareness of its obligations under law and shall audit, supervise, or review each provider's performance routinely, at least once every year. d. In contracting with a provider, the State and Local Governments shall set performance measures in writing for a provider. e. The State and Local Governments shall receive and report expenditures, service utilization data, demographic information, and national outcome measures in a similar fashion as required by the 42.U.S.C. s. 300x and 42 U.S.C. s. 300x-21. f. The State and Local Governments, that implement evidenced based practice models will participate in fidelity monitoring as prescribed and completed by the originator of the model chosen.. g. The State and Local Governments shall ensure that each year, an evaluation of the procedures and activities undertaken to comply with the requirements of this Agreement are completed. Page 837 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 h. The State and Local Governments shall implement a monitoring process that will demonstrate oversight and corrective action in the case of non-compliance, for all providers that receive Opioid Funds. Monitoring shall include: (i) Oversight of the any contractual or grant requirements; (ii) Develop and utilize standardized monitoring tools; (iii) Provide DCF and the Opioid Abatement Taskforce or Council with access to the monitoring reports; and (iv) Develop and utilize the monitoring reports to create corrective action plans for providers, where necessary. 11. Reporting and Records Requirements- The State and Local Governments shall follow their existing reporting and records retention requirements along with considering any additional recommendations from the Opioid Abatement Taskforce or Council. Local Governments shall respond and provide documents to any reasonable requests from the State or Opioid Abatement Taskforce or Council for data or information about programs receiving Opioid Funds. The State and Local Governments shall ensure that any provider or sub -recipient of Opioid Funds at a minimum does the following: (a) Any provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of Opioid Funds. Upon demand, at no additional cost to the State or Local Government, any provider will facilitate the duplication and transfer of any records or documents during the term that it receives any Opioid Funds and the required retention period for the State or Local Government. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the State or Local Government. (b) Any provider shall retain and maintain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to the use of the Opioid Funds during the term of its receipt of Opioid Funds and retained for a period of six (6) years after its ceases to receives Opioid Funds or longer when required by law. In the event an audit is required by the State of Local Governments, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of any award or contract. (c) At all reasonable times for as long as records are maintained, persons duly authorized by State or Local Government auditors shall be allowed full access to and the right to examine any of the contracts and related records and documents, regardless of the form in which kept. (d) A financial and compliance audit shall be performed annually and provided to the State. W Page 838 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 (e) All providers shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.) or the State. (f) No record may be withheld nor may any provider attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. 12. 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 full contingent fees of Local Governments 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 Exoense Fund- The State recognizes the value litigating Local Governments bring to the State in connection with the Settlement because their participation increases the amount of 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: Litigating Local Amount that shall be Government Participation in paid into the Expense Fund the Settlement (by from (and as a percentage 1ercentage of the popylation) of) the City/County fund 96 to 100% ,__ ....---- 10% -- .. � m . 91 to 95% 7.5% 86 to 90% ---- 5% ------ ..... 85% 2.5% �_ Less than 85%_0%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 Agreement shall be null and void. (c) The Timing of Pa)Mients into theExpense „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 payments of the Settlement. Accordingly, to offset the amounts being paid from the 10 Page 839 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 City/County Fund 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. 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 MOU, consistent with the provisions of this Section: Opioid Funds due to State of Florida and Local Governments (over 10 to 18 years): Litigating Local Government Participation: City/County Fund (over 10 to 18 years): Expense Fund (paid over 2 years): Amount Paid to Expense Fund in 1 st year: Amount Paid to Expense Fund in 2nd year Amount that may be borrowed from Regional Fund in 1 st year: Amount that may be borrowed from Regional Fund in 2nd year: Amount that must be paid back to Regional Fund in 3rd year: Amount that must be paid back to Regional Fund in 4th year: Amount that must be paid back to Regional Fund in 5th year: $1,000 100% $150 $15 $7.5 $7.5 $7.5 $7.5 $5 $5 $5 (d) Creation of and Jurisdiction over the Expggsq Fund- The Expense Fund shall be established, consistent with the provisions of this Section of the Agreement, by order of 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„Pa rments_to Counsel from the Ex -1 ense Fund- As part of the order 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. 13. 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,; (c) violates the limitations set forth herein with respect to administrative costs or the Expense Fund; or (d) to recover amounts advanced from the Regional Fund for the Expense Fund. There shall be no other basis for bringing an objection to the approval of an allocation or expenditure of Opioid Funds. In the event that there is a National Settlement Administrator or similar entity, the Local Governments sole action for non-payment of 11 Page 840 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 amounts due from the City/County Fund shall be against the particular settling defendant and/or the National Settlement Administrator or similar entity. C. Other Terms and Conditions 1. Governing Law and Venue: This Agreement will be governed by the laws of the State of Florida. Any and all litigation arising under the Agreement, unless otherwise specified in this Agreement, will be instituted in either: (a) the Court that enters the Order if the matter deals with a matter covered by the Order and the Court retains jurisdiction; or (b) the appropriate State court in Leon County, Florida. 2. Agreement Management and Notification: The Parties have identified the following individuals as Agreement Managers and Administrators: a. State of Florida A- -cement Manager: Greg Slemp PL -01, The Capitol, Tallahassee, FL 32399 850-414-3300 Greg. slemp@myfloridalegal.com b. State of Florida Agreement Administrator Janna Barineau PL -01, The Capitol, Tallahassee, FL 32399 850-414-3300 Janna.barineau@myfloridalegal.com C. Local Governments &,reement Man4ggrs and Administrators are listed on Exhibit C to this Agreement. Changes to either the Managers or Administrators may be made by notifying the other Party in writing, without formal amendment to this Agreement. 3. Notices. All notices required under the Agreement will be delivered by certified mail, return receipt requested, by reputable air courier, or by personal delivery to the designee identified in paragraphs C.2., above. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 4. Cooperation with Inspector General: Pursuant to section 20.055, Florida Statutes, the Parties, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. 12 Page 841 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 5. Public Records: The Parties will keep and maintain public records pursuant to Chapter 119, Florida Statutes and will comply will all applicable provisions of that Chapter. 6. Modification: This Agreement may only be modified by a written amendment between the appropriate parties. No promises or agreements made subsequent to the execution of this Agreement shall be binding unless express, reduced to writing, and signed by the Parties. 7. Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 8. Assignment: The rights granted in this Agreement may not be assigned or transferred by any party without the prior written approval of the other party. No party shall be permitted to delegate its responsibilities or obligations under this Agreement without the prior written approval of the other parties. 9. Additional Documents: The Parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be reasonably necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 10. Captions: The captions contained in this Agreement are for convenience only and shall in no way define, limit, extend or describe the scope of this Agreement or any part of it. 11. Entire Agreement: This Agreement, including any attachments, embodies the entire agreement of the parties. There are no other provisions, terms, conditions, or obligations. This Agreement supersedes all previous oral or written communications, representations or agreements on this subject. 12. Construction: The parties hereto hereby mutually acknowledge and represent that they have been fully advised by their respective legal counsel of their rights and responsibilities under this Agreement, that they have read, know, and understand completely the contents hereof, and that they have voluntarily executed the same. The parties hereto further hereby mutually acknowledge that they have had input into the drafting of this Agreement and that, accordingly, in any construction to be made of this Agreement, it shall not be construed for or against any party, but rather shall be given a fair and reasonable interpretation, based on the plain language of the Agreement and the expressed intent of the parties. 13. Capacity to Execute Agreement: The parties hereto hereby represent and warrant that the individuals signing this Agreement on their behalf are duly authorized and fully competent to do so. 13 Page 842 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 14. Effectiveness: This Agreement shall become effective oil the date on which the last required signature is affixed to this Agreement. IN WITNESS 'rH EREOF, the parties hereto have caused the Agreement to be executed by their undersigned officials as duly authorized. 14 11/15/2021 DATED 6ke(ICA Page 843 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 EXHIBIT A Page 844 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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. Page 845 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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 1. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/N1H 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. L Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. Page 846 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 EXHIBIT B Page 847 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MII) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:' 1. Expand availability of treatment for OUD and any co-occurring SUD/MII 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/MII conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MII 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/NIH 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/MII 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, 2 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. Page 848 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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 SUD/NII 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 SUDINTI 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 SUDINTI 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/NII conditions. 4. Provide access to housing for people with OUD and any co-occurring SUD/NII 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 SUD/NII conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/NII conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/NII conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/NII conditions. Page 849 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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 SUD/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 SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically -appropriate follow-up care through a bridge clinic or similar approach. Page 850 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/NM 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/MII 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 SUD/NM conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH 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/NM 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, a. "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 Page 851 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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/NM 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/NM 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/NM 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/NM 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 OUD/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/NM 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/NM 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/NM 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/NM 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 OUD and any co-occurring SUD/NM 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. Page 852 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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/NII conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUDINTI 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/NII 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 853 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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. 8. 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 Page 854 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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 OUD and any co-occurring SUD/N1H 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 OUD and any co-occurring SUD/N1H conditions. 13. Support screening for fentanyl in routine clinical toxicology testing Page 855 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 PART THREE: OTHER STRATEGIES L 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/NM 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/NM conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDNIPs, etc.). L. RESEARCH Page 856 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 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 SBIRT 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. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. 6. Expanded research on swift/certain/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 OUD-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. Page 857 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 EXHIBIT C Page 858 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 County Allocated Subdivisions Regional % by County for Abatement Fund City/County Fund % Alachua 1.241060164449% Alachua County 0.821689546303% Alachua 0.013113332457% Archer 0.000219705515% Gainesville 0.381597611347% Hawthorne 0.000270546460% High Springs 0.011987568663% La Crosse 0.000975056706% Micanopy 0.002113530737% Newberry 0.006102729215% Waldo 0.002988721299% Baker 0.193173804130% Baker County 0.169449240037% Glen St. Mary 0.000096234647% Macclenny 0.023628329446% Bay 0.839656373312% Bay County 0.508772605155% Callaway 0.024953825527% Lynn Haven 0.039205632015% Mexico Beach 0.005614292988% Panama City 0.155153855596% Panama City Beach 0.080897023117% Parker 0.008704696178% Springfield 0.016354442736% Bradford 0.189484204081% Bradford County 0.151424309090% Brooker 0.000424885045% Hampton 0.002839829959% Lawtey 0.003400896108% Starke 0.031392468132% Brevard 3.878799180444% Brevard County 2.323022668525% Cape Canaveral 0.045560750209% Page 859 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Cocoa 0.149245411423% Cocoa Beach 0.084363286155% Grant-Valkaria 0.000321387406% Indialantic 0.024136738902% Indian Harbour Beach 0.021089913665% Malabar 0.002505732317% Melbourne 0.383104682233% Melbourne Beach 0.012091066302% Melbourne Village 0.003782203200% Palm Bay 0.404817397481% Palm Shores 0.000127102364% Rockledge 0.096603243798% Satellite Beach 0.035975416224% Titusville 0.240056418924% West Melbourne 0.051997577066% Broward 9.057962672578% Broward County 3.966403576878% Coconut Creek 0.101131719448% Cooper City 0.073935445073% Coral Springs 0.323406517664% Dania Beach 0.017807041180% Davie 0.266922227153% Deerfield Beach 0.202423224725% Fort Lauderdale 0.830581264531% Hallandale Beach 0.154950491814% Hillsboro Beach 0.012407006463% Hollywood 0.520164608456% Lauderdale -By -The -Sea 0.022807611325% Lauderdale Lakes 0.062625150435% Lauderhill 0.144382838130% Lazy Lake 0.000021788977% Lighthouse Point 0.029131861803% Margate 0.143683775129% Miramar 0.279280208419% North Lauderdale 0.066069624496% Page 860 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 861 of 897 Oakland Park 0.100430840699% Ocean Breeze 0.005381877237% Parkland 0.045804060448% Pembroke Park 0.024597938908% Pembroke Pines 0.462832363603% Plantation 0.213918725664% Pompano Beach 0.335472163493% Sea Ranch Lakes 0.005024174870% Southwest Ranches 0.025979723178% Sunrise 0.286071106146% Tamarac 0.134492458472% Weston 0.138637811283% West Park 0.029553115352% Wilton Manors 0.031630331127% Calhoun 0.047127740781% Calhoun County 0.038866087128% Altha 0.000366781107% Blo u ntstow n 0.007896688293% Charlotte 0.737346233376% Charlotte County 0.690225755587% Punta Gorda 0.047120477789% Citrus 0.969645776606% Citrus County 0.929715661117% Crystal River 0.021928789266% Inverness 0.018001326222% Clay 1.193429461456% Clay County 1.055764891131% Green Cove Springs 0.057762577142% Keystone Heights 0.000753535443% Orange Park 0.078589207339% Penney Farms 0.000561066149% Collier 1.551333376427% Collier County 1.354673336030% Everglades 0.000148891341% Marco Island 0.062094952003% Page 861 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 862 of 897 Naples 0.134416197054% Columbia 0.446781150792% Columbia County 0.341887201373% Fort White 0.000236047247% Lake City 0.104659717920% DeSoto 0.113640407802% DeSoto County 0.096884684746% Arcadia 0.016755723056% Dixie 0.103744580900% Dixie County 0.098822087921% Cross City 0.004639236282% Horseshoe Beach 0.000281440949% Duval 5.434975156935% Jacksonville 5.270570064997% Atlantic Beach 0.038891507601% Baldwin 0.002251527589% Jacksonville Beach 0.100447182431% Neptune Beach 0.022814874318% Escambia 1.341634449244% Escambia County 1.005860871574% Century 0.005136751249% Pensacola 0.330636826421% Flagler 0.389864712244% Flagler Counry 0.279755934409% Beverly Beach 0.000154338585% Bunnell 0.009501809575% Flagler Beach 0.015482883669% Marineland 0.000114392127% Palm Coast 0.084857169626% Franklin 0.049911282550% Franklin County 0.046254365966% Apalachicola 0.001768538606% Carabelle 0.001888377978% Gadsden 0.123656074077% Gadsden County 0.090211810642% Page 862 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 863 of 897 Chattahoochee 0.004181667772% Greensboro 0.000492067723% Gretna 0.002240633101% Havana 0.005459954403% Midway 0.001202025213% Quincy 0.019867915223% Gilchrist 0.064333769355% Gilchrist County 0.061274233881% Bell 0.000099866143% Fanning Springs 0.000388570084% Trenton 0.002571099247% Glades 0.040612836758% Glades County 0.040420367464% Moore Haven 0.000192469294% Gulf 0.059914238588% Gulf County 0.054715751905% Port St. Joe 0.004817179591% W ewa h itch ka 0.000381307092% Hamilton 0.047941195910% Hamilton County 0.038817061931% Jasper 0.004869836285% Jennings 0.002623755940% White Springs 0.001630541754% Hardee 0.067110048132% Hardee County 0.058100306280% Bowling Green 0.001797590575% W a u ch u la 0.006667426860% Zolfo Springs 0.000544724417% Hendry 0.144460915297% Hendry County 0.122147187443% Clewiston 0.017589151414% LaBelle 0.004724576440% Hernando 1.510075949110% Hernando County 1.447521612849% Brooksville 0.061319627583% Page 863 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 864 of 897 Weeki Wachee 0.001234708678% Highlands 0.357188510237% Highlands County 0.287621754986% Avon Park 0.025829016090% Lake Placid 0.005565267790% Sebring 0.038172471371% Hillsborough 8.710984113657% Hillsborough County 6.523111204400% Plant City 0.104218491142% Tampa 1.975671881253% Temple Terrace 0.107980721113% Holmes 0.081612427851% Holmes County 0.066805002459% Bonifay 0.006898026863% Esto 0.006269778036% Noma 0.001278286631% Ponce de Leon 0.000179759057% Westville 0.000179759057% Indian River 0.753076058781% Indian 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0.000019973229% Madison 0.010264423758% Manatee 2.721323346235% Manatee County 2.201647174006% Anna Maria 0.009930326116% Bradenton 0.379930754632% Bradenton Beach 0.014012127744% Holmes Beach 0.028038781473% Longboat Key 0.034895046131% Palmetto 0.052869136132% Marion 1.701176168960% Marion County 1.303728892837% Belleview 0.009799592256% D u n ne l to n 0.018400790795% McIntosh 0.000145259844% Ocala 0.368994504094% Reddick 0.000107129135% Martin 0.869487298116% Page 866 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Martin County 0.750762795758% Jupiter Island 0.020873839646% Ocean Breeze Park 0.008270732393% Sewall's Point 0.008356072551% Stuart 0.081223857767% Miami -Dade 5.232119784173% Miami -Dade County 4.282797675552% Aventura 0.024619727885% Bal Harbour 0.010041086747% Bay Harbor Islands 0.004272455175% Biscayne Park 0.001134842535% Coral Gables 0.071780152131% Cutler Bay 0.009414653668% Doral 0.013977628531% EI Portal 0.000924215760% Florida City 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0.104903028159% Osceola 1.073452092940% Osceola County 0.837248691390% Kissimmee 0.162366006872% St. Cloud 0.073837394678% Palm Beach 8.601594372053% Palm Beach County 5.552548475026% Atlantis 0.018751230169% Belle Glade 0.020828445945% Boca Raton 0.472069073961% Boynton Beach 0.306498271771% Briny Breezes 0.003257452012% Cloud Lake 0.000188837798% Delray Beach 0.351846579457% Glen Ridge 0.000052656694% Golf 0.004283349663% Greenacres 0.076424835657% Gulf Stream 0.010671151322% Haverhill 0.001084001589% Highland Beach 0.032510968934% Hypoluxo 0.005153092982% Juno Beach 0.016757538804% Jupiter Island 0.125466374888% Jupiter Inlet Colony 0.005276563849% Page 869 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Lake Clarke Shores 0.007560774903% Lake Park 0.029433275980% Lake Worth 0.117146617298% Lantana 0.024507151505% Loxahatchee Groves 0.002531152789% Manalapan 0.021632822333% Mangonia Park 0.010696571795% North Palm Beach 0.044349646256% Ocean Ridge 0.012786497807% Pahokee 0.004018250447% Palm Beach 0.185476848123% Palm Beach Gardens 0.233675880257% Palm Beach Shores 0.014135598612% Palm Springs 0.038021764282% Riviera Beach 0.163617057282% Royal Palm Beach 0.049295743959% South Bay 0.001830274040% South Palm Beach 0.005866681967% Tequesta 0.031893614595% Wellington 0.050183644758% West Palm Beach 0.549265602541% Pasco 4.692087260494% Pasco County 4.319205239813% Dade City 0.055819726723% New Port Richey 0.149879107494% Port Richey 0.049529975458% San Antonio 0.002189792155% St. Leo 0.002790804761% Zephyrhills 0.112672614089% Pinellas 7.934889816777% Pinellas County 4.546593184553% Belleair 0.018095745121% Belleair Beach 0.004261560686% Belleair Bluffs 0.007502670965% Belleair Shore 0.000439411029% Page 870 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Clearwater 0.633863120196% Dunedin 0.102440873796% Gulfport 0.047893986460% Indian Rocks Beach 0.008953453662% Indian Shores 0.011323004874% Kenneth City 0.017454786058% Largo 0.374192990777% Madeira Beach 0.022616957779% North Reddington Beach 0.003820333909% Oldsmar 0.039421706033% Pinellas Park 0.251666311991% Redington Beach 0.003611522882% Redington Shores 0.006451352841% Safety Harbor 0.038061710740% Seminole 0.095248695748% South Pasadena 0.029968921656% St. Pete Beach 0.071791046619% St. Petersburg 1.456593090134% Tarpon Springs 0.101970595050% Treasure Island 0.040652783215% Polk 2.150483025298% Polk County 1.558049828484% Auburndale 0.028636162584% Bartow 0.043971970660% Davenport 0.005305615818% Dundee 0.005597951255% Eagle Lake 0.002580177987% Fort Meade 0.007702403251% Frostproof 0.005857603227% Haines City 0.047984773863% Highland Park 0.000063551182% Hillcrest Heights 0.000005447244% Lake Alfred 0.007489960729% Lake Hamilton 0.002540231530% Lakeland 0.294875668468% Page 871 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 872 of 897 Lake Wales 0.036293172134% Mulberry 0.005414560702% Polk City 0.001080370093% Winter Haven 0.097033576087% Putnam 0.384893194068% Putnam County 0.329225990182% Crescent City 0.005561636294% Interlachen 0.001877483489% Palatka 0.046955244716% Pomona Park 0.000379491344% Welaka 0.000893348043% Santa Rosa 0.701267319513% Santa Rosa County 0.592523984216% Gulf Breeze 0.061951507906% Jay 0.000159785829% Milton 0.046632041562% Sarasota 2.805043857579% Sarasota County 1.924315263251% Longboat Key 0.044489458856% North Port 0.209611771277% Sarasota 0.484279979635% Venice 0.142347384560% Seminole 2.141148264544% Seminole County 1.508694164839% Altamonte Springs 0.081305566430% Casselberry 0.080034542791% Lake Mary 0.079767627827% Longwood 0.061710013415% Oviedo 0.103130858057% Sanford 0.164243490362% Winter Springs 0.062262000824% St. Johns 0.710333349554% St. Johns County 0.656334818131% Hastings 0.000010894488% Marineland 0.000000000000% Page 872 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Page 873 of 897 St. Augustine 0.046510386442% St. Augustine Beach 0.007477250493% St. Lucie 1.506627843552% St. Lucie County 0.956156584302% Fort Pierce 0.159535255654% Port St. Lucie 0.390803453989% St. Lucie Village 0.000132549608% Sumter 0.326398870459% Sumter County 0.302273026046% Bushnell 0.006607507174% Center Hill 0.001312785844% Coleman 0.000748088199% Webster 0.001423546476% Wildwood 0.014033916721% Suwannee 0.191014879692% Suwannee County 0.161027800555% Branford 0.000929663004% Live Oak 0.029057416132% Taylor 0.092181897282% Taylor County 0.069969851319% Perry 0.022212045963% Union 0.065156303224% Union County 0.063629259109% Lake Butler 0.001398126003% Raiford 0.000012710236% Worthington Springs 0.000116207876% Volusia 3.130329674480% Volusia County 1.708575342287% Daytona Beach 0.447556475212% Daytona Beach Shores 0.039743093439% DeBary 0.035283616215% DeLand 0.098983689498% Deltona 0.199329190038% Edgewater 0.058042202343% Flagler Beach 0.000223337011% Page 873 of 897 DocuSign Envelope ID: 920023A1-6977-4CC0-8FA2-78ECDF9BA469 Holly Hill 0.031615805143% Lake Helen 0.004918861482% New Smyrna Beach 0.104065968306% Oak Hill 0.004820811087% Orange City 0.033562287058% Ormond Beach 0.114644516477% Pierson 0.002333236251% Ponce Inlet 0.023813535748% Port Orange 0.177596501562% South Daytona 0.045221205323% Wakulla 0.115129321208% Wakulla County 0.114953193647% Sopchoppy 0.000107129135% St. Marks 0.000068998426% Walton 0.268558216151% Walton County 0.224268489581% DeFuniak Springs 0.017057137234% Freeport 0.003290135477% Paxton 0.023942453860% Washington 0.120124444109% Washington County 0.104908475404% Caryville 0.001401757499% Chipley 0.012550450560% Ebro 0.000221521263% Vernon 0.000361333863% Wausau 1 0.000680905521% 100.00% 100.00% Page 874 of 897 13.A. Future Agenda Items 12/7/2021 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 875 of 897 13. B. Future Agenda Items 12/7/2021 Requested Action by Commission: Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - 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 876 of 897 13.C. Future Agenda Items 12/7/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question - 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 877 of 897 13.D. Future Agenda Items 12/7/2021 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 878 of 897 13. E. Future Agenda Items 12/7/2021 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 879 of 897 13. F. Future Agenda Items 12/7/2021 Requested Action by Commission: Climate Action Plan Annual Update - 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 880 of 897 13.G. Future Agenda Items 12/7/2021 Requested Action by Commission: Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission - 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 881 of 897 13. H. Future Agenda Items 12/7/2021 Requested Action by Commission: Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - 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 882 of 897 13.1. Future Agenda Items 12/7/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 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 883 of 897 13.J. Future Agenda Items 12/7/2021 Requested Action by Commission: Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - 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 884 of 897 13. K. Future Agenda Items 12/7/2021 Requested Action by Commission: Proposed amendments to the Land Development Regulations for Accessory Dwelling Unit provisions - February 15, 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 885 of 897 131. Future Agenda Items 12/7/2021 City of Boynton Beach '• Agenda Item Request Form Commission Meeting Date: 12/7/2021 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 886 of 897 Is this a grant? Grant Amount: Attachments: Type Ddhilblit 11 ocafion IMalp Alta clhirneint Ddhilblit Description 11 efteir (.)i 11 intent (IDdhilblit ""All") 11 ocafion IMalp Flirolpeirty IDeLilill Sairnple IlMUnliclilpallDisposlifion C.ode 11 aingUage (E)dhilblit "B') Page 887 of 897 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. 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 889 of 897 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 890 of 897 if ,)II, l�lf� na 891 of 897 PAPA Banner l oic,atmm.mmm Addimss SlmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll Ilmaiuiialer, 08-43-45-29-00-000-1040 Snmilnmlln iii^; iiimmmin OltourmalllE.n im.m.mmnh Em.mm.mlllm,: 06652 Emxgc1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I vgAa Um icmilptilim.mmim 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 - - - Malliiiming anlmlun,ss Ilmmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallks Date I�riiillmv OR Pm.mm.mlllm�"llhxgn° Sallk I"%Iv Ilmmivr, NOV-1990 $100 06652 / 01315 WARRANTY DEED Lanmmmptmm.mmnWar Dee. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT LL I"m.m�alll 0 I�dmmmmmlmmm m�ml Llmnm�.' 0 n' Il�nn� n um mm licsv �� 3.62 8900- RIAA- RIAA SINGLEFAMILY, 5.5 DU/AC Use m.mnla. MUNICIPAL Sim°immmnS (08-BOYNTON BEACH) I"aa Sn a m 2020 "ill l ml 201.14". lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $271,500 $271,500 $271,500 I"m.w Aa Mar°lli:nm Valtic $271,500 $271,500 $271,500 All values are as of January 1 st each year I"aa Sn a m° 2020 201 ml 201 14 Assessed Valtic $271,500 $271,500 $271,500 Exc mmmlmtlm.mmim ARnomuummt. $271,500 $271,500 $271,500 I"aaallmin Valtic $0 $0 $0 I"aa Sn a m° 2020 201 ml 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.mmn Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll taros $0 $0 $0 Page 892 of 897 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 893 of 897 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 894 of 897 13. M. Future Agenda Items 12/7/2021 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 895 of 897 13. N. Future Agenda Items 12/7/2021 Requested Action by Commission: Mayor Grant has requested a discussion on J KM lawsuit - 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 896 of 897 13.0. Future Agenda Items 12/7/2021 Requested Action by Commission: Discuss Building Safety Inspection Program- (Pending outcome of 2022 legislative session) 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 897 of 897