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05-09-2024 VC REG-A with attachments VILLAGE OF NORTH PALM BEACH REGULAR SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, MAY 09, 2024 501 U.S. HIGHWAY 1 7:00 PM Susan Bickel Deborah Searcy Lisa Interlandi Kristin Garrison Orlando Puyol Mayor Vice Mayor President Pro Tem Councilmember Councilmember Chuck Huff Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS FOR “WATCH LIVE” MEETING To watch the meeting live please go to our website page (link provided below) and click the “Watch Live” link provided on the webpage: https://www.village-npb.org/CivicAlerts.aspx?AID=496 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR ADDITIONS, DELETIONS, AND MODIFICATIONS TO THE AGENDA AWARDS AND RECOGNITION 1. Proclamation - National Public Works Week APPROVAL OF MINUTES 2. Minutes of the Regular Session held April 11, 2024 3. Minutes of the Regular Session held April 25, 2024 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chambers) and submit it to the Village Clerk prior to the beginning of the meeting. Regular Session Agenda, May 09, 2024 Page 2 of 2 CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro -forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 4. RESOLUTION – Approving a Grant Agreement with the Florida Department of Environmental Protection (FDEP) for the receipt of grant funds in the amount of $59,250 for preparation of a Vulnerability Assessment; and authorizing execution of the Agreement. 5. Receive for file Minutes of the Library Advisory Board meeting held 3/26/24. 6. Receive for file minutes of the Waterways Board meeting held 3/26/24. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 7. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2024-06 – CODE AMENDMENT – EXPIRATION OF SITE PLAN APPROVALS Consider a motion to adopt and enact on second reading Ordinance 2024-06 amending Division 3, “Site Plan and Appearance Review” of Article III “Appearance Code” of Chapter 6, “Buildings and Building Regulations” to adopt a new Section 6-61 “Expiration of Site Plan and Appearance Approval." OTHER VILLAGE BUSINESS MATTERS 8. RESOLUTION – VEHICLES PURCHASE FOR BUILDING DEPARTMENT Consider a motion to adopt a resolution approving the purchase of two Chevrolet Silverado 1500 pickup trucks from Starke Motorcars LLC D/B/A Duval Chevrolet at a cost not to exceed $87,138.43. 9. RESOLUTION – INCREASE TO FY 2024 BLANKET PURCHASE ORDER FOR MISCELLANEOUS LANDSCAPING AND GROUNDS MAINTENANCE Consider a motion to adopt a resolution increasing the Fiscal Year 2024 Blanket Purchase Order with Precision Landscape Company of Palm Beach County, Inc. by $100,000 for miscellaneous landscaping and grounds maintenance services for various Village Departments. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he 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 (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 11, 2024 Present: Susan Bickel, Mayor Deborah Searcy, Vice Mayor Lisa Interlandi, President Pro Tem Orlando Puyol, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk Absent: Kristin Garrison, Councilmember ROLL CALL Mayor Bickel called the meeting to order at 7:00 p.m. All members of Council were present except for Councilmember Garrison who was having non-elective surgery. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Bickel gave the invocation and Vice Mayor Searcy led the public in the Pledge. COUNCIL BUSINESS MATTERS RESOLUTION 2024-26 – ACCEPTING ELECTION RESULTS A motion was made by Vice Mayor Searcy and seconded by Councilmember Puyol to adopt Resolution 2024-26 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING AND DECLARING THE RESULTS OF THE MARCH 19, 2024 GENERAL ELECTION; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2024-26 passed with all present voting aye. ADMINISTRATION OF COUNCILMEMBER OATH Village Clerk Jessica Green administered the Oath of Office to newly elected councilmember Orlando Puyol. Said Oath is attached to the official Minutes of Record. Councilmember Puyol thanked the residents for electing him to the Village Council. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 2 of 10 STATEMENTS FROM THE PUBLIC Environmental Committee members, Mary Phillips, Kendra Zellner and Shawn Woods gave an update on the Earth Day celebration and activities that would be taking place on April 20 at the Community Center. The members also gave an update on the new Bird Village. Mary Phillips, 525 Ebbtide Drive, expressed her concerns regarding public comments that were made by certain residents at the previous Council meeting. Ms. Phillips stated that public comments could be used for a positive message or a request to bring attention to something in the community. Public comments should be delivered with respect and decorum. Shawn Woods, 1800 N. Estrella Court, Palm Beach Gardens, FL thanked Village staff for putting together a wonderful Heritage Day Festival. Ms. Woods expressed her concerns regarding public comments that were made by certain residents at the previous Council meeting. Ms. Woods recommended that the rules regarding public comments be enforced and adhered to. Rita Budnyk, 804 Shore Drive, expressed concerns regarding the yacht collector and owner of 932 Shore Drive who filed a lawsuit against the Village. Ms. Budnyk discussed and explained the history of code violation issues between the owner and the Village. Tim Hullihan, 840 Country Club Drive, gave a history on ownership and renting of dockage within the Village. CONSENT AGENDA APPROVED Item 4 was removed from the Consent Agenda and placed on the Regular Agenda. Thereafter, the Consent agenda, as amended was approved with all present voting aye. The following item was approved: Resolution approving a Statewide Mutual Aid Agreement with the Florida Division of Emergency Management and authorizing its execution. RESOLUTION 2024-28 – AMENDMENT TO CONTRACT WITH C.A.P. GOVNERMENT, INC. A motion was made by Councilmember Puyol and seconded by President Pro Tem Interlandi to adopt Resolution 2024-28 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO A CONTRACT WITH C.A.P GOVERNMENT, INC. FOR BUILDING DEPARTMENT SERVICES PURSUANT TO PRICING ESTABLISHED IN AN EXISTING CONTRACT WITH THE TOWN OF JUPITER AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT ON BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Huff explained that the purpose of the amendment was to increase the amount from $25,000 to $50,000 to C.A.P. Government, Inc. for building inspection and permit technician services that were being utilized by the Community Development Department. Councilmember Puyol asked if there were plans to subcontract all inspection services in the future. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 3 of 10 RESOLUTION 2024-28 – AMENDMENT TO CONTRACT WITH C.A.P. GOVNERMENT, INC. continued Mr. Huff explained that the Village still intended to have in-house inspectors doing inspections. Mr. Huff explained that Community Development was utilizing C.A.P. Government, Inc.’s services in the interim so that the department does not get behind on inspections and other services while waiting for those internal positions to be filled. Councilmember Puyol stated that C.A.P. Government, Inc. provides very good service at a reasonable cost and recommended utilizing them permanently. Vice Mayor Searcy stated that she did not agree with outsourcing the Village’s inspection services. President Pro Tem Interlandi asked if there were additional funds being expended through other contracts for the inspection services. Mr. Huff stated that there was one additional contract with another inspection services company. Mr. Huff stated that a full-time Building Inspector was just hired and was being familiarized with the Village. Mayor Bickel requested a separate workshop to review a cost benefit analysis between in -house inspections and outsourcing inspection services. Thereafter the motion to adopt Resolution 2024-28 passed with all present voting aye. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS FIRST READING OF ORDINANCE 2024-05 – CODE AMENDMENT – PROHIBITING REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES A motion was made by President Pro Tem Interlandi and seconded by Vice Mayor Searcy to adopt on first reading Ordinance 2024-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO PROHIBIT REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin gave a background and history of the Village code as it related to remote participation of Village Boards and Committees. Mr. Rubin explained that the boards and committees code that was originally adopted did not allow members to participate by telephone, video conferencing or any other electronic means. In response to the COVID-19 pandemic, the code was revised to allow electronic participation by boards and committees members. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 4 of 10 FIRST READING OF ORDINANCE 2024-05 – CODE AMENDMENT – PROHIBITING REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES continued At the March 28, 2024 Village Council meeting, the Village Council discussed the issue of remote participation by board and committee members and determined that it was in the best interests of the Village to require in person attendance. The proposed ordinance would revise the code to require in person attendance of board and committee members. Mayor Bickel read into the record a public comment received from George Alger, 408 Ebbtide Drive. In his comment, Mr. Alger discussed his contributions to the Waterways Board during his tenure as a member and expressed his concerns with the proposed revisions to the o rdinance that would require in person attendance of board and committee members. Mr. Alger recommended including an exception clause for absences in the code. Mark Michels, 648 Shore Road, stated that Mr. Alger has been a very productive member of the Waterways Board and expressed his concerns with the proposed revisions to the ordinance that would require in person attendance of board and committee members. Discussion ensued between Councilmembers regarding the proposed ordinance revising the code to require in person attendance of board and committee members. Thereafter, the motion to adopt on first reading Ordinance 2024-05 passed with all present voting aye. RESOLUTION 2024-29 – TREE TRIMMING MANAGEMENT AND MAINTENANCE SERVICES CONTRACTS A motion was made by Vice Mayor Searcy and seconded by President Pro Tem Interlandi to adopt Resolution 2024-29 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ACCEPTING PROPOSALS SUBMITTED BY PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. AND SALGADO TREE TRIMMING, LLC FOR TREE TRIMMING, MANAGEMENT, AND MAINTENANCE SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE NON-EXCLUSIVE CONTRACTS FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; AND PROVID ING FOR AN EFFECTIVE DATE. Director of Leisure Services Zak Sherman explained that the Village issued a Request for Proposals for Tree Trimming, Management and Maintenance Services on February 7, 2024. On March 7, 2024, five (5) proposals were received. A Selection Committee met on March 28, 2024 and ranked the proposals. Based upon the rankings the Selection Committee was recommending that the Village enter into non-exclusive contracts with the two top ranking landscaping companies, which were Precision Landscaping and Salgado Tree Trimming LLC. Councilmember Puyol asked for clarification on the contracts terms and the rates that the landscaping companies were charging. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 5 of 10 RESOLUTION 2024-29 – TREE TRIMMING MANAGEMENT AND MAINTENANCE SERVICES CONTRACTS continued Mr. Sherman stated that if the companies signed the contracts, they were obligated to the initial term of three (3) years, with an option to renew for three (3) additional one-year terms for a cumulative total of six (6) years, using the same terms, conditions, and pricing during the initial term and renewal terms. President Pro Tem Interlandi recommended that the landscaping companies be instructed to adhere to the University of Florida recommendations for trimming palm trees. Mayor Bickel requested that the landscaping companies also be instructed to trim trees prior to hurricane season. Thereafter the motion to adopt Resolution 2024-29 passed unanimously. RESOLUTION 2024-30 – VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS A motion was made by Vice Mayor Searcy and seconded by Councilmember Puyol to adopt Resolution 2024-30 appointing all members who requested reappointment and entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REAPPOINTING MEMBERS TO THE AUDIT COMMITTEE, BUSINESS ADVISORY BOARD, ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, PLANNING, ZONING AND ADJUSTMENT BOARD, RECREATION ADVISORY BOARD AND WATERWAYS BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Jessica Green explained that there were twenty-one (21) board and committee members whose terms were expiring on April 30, 2024. These board and committee members were notified by the Village Clerk’s office and asked to complete and submit an Advisory Board Application for Reappointment if they wanted to be considered for reappointment. The notification advised that if a completed Application for Reappointment was not received by the deadline, reappointment to the board would not be considered. The results of the notification were as follows:  13 members requested reappointment and submitted completed applications  3 members declined reappointment  2 members were no longer eligible for reappointment due to being elected as Councilmembers  3 memberships were recently vacated due to resignation or removal from the board for absenteeism Village Clerk Green explained that it was Council’s decision whether to reappoint all, some or none of the members who requested reappointment. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 6 of 10 RESOLUTION 2024-30 – VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS continued The following boards and committee members gave a public comment: Kendra Zellner Rita Budnyk Marie Silvani Stephen Heiman Chris Ryder, 118 Dory Road S, expressed his concerns regarding Karen Marcus’ history as a lobbyist and her probable reappointment to the Environmental Committee. Mr. Ryder also expressed concerns regarding the lack of lobbyist logs kept at the Village and registered lobbyists either employed by the Village or serving on a Village Advisory Board or Committee. Mary Phillips, 525 Ebbtide Drive, expressed her thoughts regarding contributing time and expertise to boards and committees without being present at the board meetings. Ms. Phillips also stated that Karen Marcus was an asset to the Environmental Committee. Shawn Woods, 1800 N. Estrella Court, Palm Beach Gardens, FL stated that she has had the honor and pleasure of serving on the Environmental Committee with both Ms. Interlandi and Ms. Marcus and stated that the assertion that something nefarious by Ms. Marcus was occurring was preposterous. Ms. Woods stated that residents calling people out and making negative comments does not serve the community constructively. Troy Dickey, 108 Paradise Harbour Blvd. Unit 409, recommended that residents who cannot attend advisory boards and committees should have an opportunity to give input. Discussion ensued between Councilmembers regarding the advisory board and committee appointment and reappointment process. Discussion ensued between Councilmembers and Mr. Rubin regarding lobbyists on boards and whether there was a conflict with reappointing Ms. Marcus to the Environmental Committee. Mr. Rubin stated that he was not aware of any ethical violations that would prohibit Ms. Marcus from being reappointed to the Environmental Committee. Thereafter, the motion to adopt Resolution 2024-30 passed with all present voting aye. The names of those reappointed to Village Boards and Committees were entered into Resolution 2024-30 as follows: Audit Committee: Marie Silvani Business Advisory Board: Nina Balgar Environmental Committee: Karen Marcus, Kendra Zellner. Golf Advisory Board: Sandra Felis, Richard Pizzolato. Library Advisory Board: Carolyn Kost, Tina Chippas. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 7 of 10 RESOLUTION 2024-30 – VILLAGE BOARDS AND COMMITTEES REAPPOINTMENTS continued Planning, Zoning and Adjustment Board: Thomas Hogarth Recreation Advisory Board: Stephen Heiman, Rita Budnyk. Waterways Board: Mark Michels, George Alger. COUNCIL AND ADMINISTRATION MATTERS Motion- Designation of voting delegate and alternates for the PBC League of Cities A motion was made by Vice Mayor Searcy and seconded by Mayor Bickel to designate Councilmember Puyol as voting delegate and President Pro Tem Interlandi as alternate voting delegate for the Palm Beach County League of Cities. Thereafter, the motion passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Vice Mayor Searcy requested that a letter be mailed to all of the potentially annexed residents who voted against the annexation stating that even though the annexation did not pass, the Village would still love to welcome them in if they were interested in voluntarily annexing in the future. Vice Mayor Searcy asked that since it was after the Easter holiday if Council would be dressing more casual for future Council meetings. Mayor Bickel asked Councilmember Puyol if he wanted to start dressing casually for future meetings. Councilmember Puyol stated that he would prefer to dress more casually for future meetings during the summer and until the fall months begin. Vice Mayor Searcy gave recommendations to revise the advisory boards and committees’ reappointment and appointment process. Vice Mayor Searcy requested that the meeting dates and times of advisory boards and committees be included in the e-News electronic newsletter. Mayor Bickel recommended having a cocktail hour at the Country Club in order for residents to have brief conversations with Councilmembers. Councilmember Puyol if there would be discussion regarding the difference between occupant of a residence or occupying a residence as it related to the lawsuit regarding the yacht collector and owner of 932 Shore Drive who filed a lawsuit against the Village. Mr. Rubin stated that it would best not to discuss the matter until the litigation was over. Mr. Rubin discussed what the process of the litigation would be going forward. Councilmember Puyol asked if there was something in place to update Council on the progress of current and ongoing projects. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 8 of 10 MAYOR AND COUNCIL MATTERS/REPORTS continued Mayor Bickel stated that it was a good idea to have an update on projects at Council meetings. Councilmember Puyol stated that there needed to be clarification regarding hedges and landscaping triangles in the code. Mr. Huff and Mr. Rubin stated that they would bring back information regarding the code as it related to hedges and landscaping triangles. Councilmember Puyol recommended that the quality and amount of lighting in the Village be assessed and reviewed. Mr. Huff discussed and gave an update on the plan and program for FPL to change out lighting within the Village. The goal was for FPL to change out all of the lighting within the Village. Councilmember Puyol asked if a substation could be placed at the end of Monet Road for a marine fire or police unit and asked for clarification on the landscaping maintenance on the property. Mr. Rubin gave a history on the property at the end of Monet Road and stated that the property belonged to the Village. Mayor Bickel explained that Council would be discussing priorities and goals at a Strategic Planning Workshop in the future and that the scheduling of the workshop would be discussed later in the meeting. Mayor Bickel expressed her concerns regarding meeting lobbyists and stated that the Town of Juno recently banned private meetings with lobbyists and recommended that the Village do the same. Mr. Rubin clarified that the Town of Juno’s ban was for Council or the Planning and Zoning Board members to no longer have private lobbyist meetings with applicants for development projects. Mayor Bickel stated that she agreed with the Town of Juno’s ban and that she did not have an issue with staff meeting with applicants for development projects. Vice Mayor Searcy stated that she had no issue meeting with property owners or the developers who were interested in developing their property and did not agree with banning the private meetings with applicants for development projects. Discussion ensued between Councilmembers regarding private meetings with lobbyists or applicants for development projects. Mr. Rubin stated that there was no obligation that Councilmembers meet with a lobbyist or applicant for a development project. Discussion continued regarding private meetings with lobbyists or applicants for development projects and the keeping of lobbyist logs. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 9 of 10 MAYOR AND COUNCIL MATTERS/REPORTS continued President Pro Tem Interlandi stated that most governmental agencies require any person visiting with staff or senior management sign in and indicate the purpose of their visit. President Pro Tem Interlandi recommended that the Village practice the same policy. Mayor Bickel recommended that the new Council have a discussion on the proposed project at the Twin City Mall site and schedule a workshop for the discussion. Council came to consensus to have a workshop scheduled to discuss the proposed project at the Twin City Mall site. VILLAGE MANAGER MATTERS/REPORTS Annual Audit Committee Report Marie Silvani, Chair of the Audit Committee presented the Annual Report of the Audit Committee. Marie Silvani requested that staff provide clarification to those who have tennis memberships regarding reimbursement of tennis memberships during the two-month time of closing the tennis courts at the Country Club to replace the lighting. Mr. Huff introduced Ms. Lucia Medina and Ms. Rachel Loffing from Hazen and Sawyer to give a presentation on the Stormwater Master Plan Modeling and Design Implementation. Ms. Medina and Ms. Loffing began the presentation, and discussed and explained the following topics:  General Analysis  Flooding Results and Level of Services Analysis  Recommended Projects and Programs  Funding and Financing  SWMP Finalization – Phase 1 o Community Awareness, Stakeholder Communication Plan, and Outreach  Vulnerability Assessment (VA)  SWMP Implementation Discussion ensued between Councilmembers, staff and Ms. Medina regarding Stormwater Master Plan Modeling and Design Implementation. Mr. Huff explained the history of stormwater within the Village and the purpose of the Stormwater Master Plan Modeling and Design Implementation. Discussion continued between Councilmembers, staff and Ms. Medina regarding Stormwater Master Plan Modeling and Design Implementation. Mr. Huff asked if Council would prefer to have a Special Council Meeting for the upcoming Board and Committee applicants and their interviews. Draft Minutes of the Village Council Regular Session held April 11, 2024 Page 10 of 10 VILLAGE MANAGER MATTERS/REPORTS continued Vice Mayor Searcy stated that it depended on how many applicants would be presented for consideration at a meeting. If there were a small amount of applicants, then a Special Meeting would not be necessary. Strategic Planning Workshop meeting dates and times Ms. Janjua presented a list of tentative dates for the scheduling of Strategic Planning Workshops and asked Council what dates and times they would prefer to conduct the workshops. Council came to consensus to schedule a Strategic Planning Workshop from 4 p.m. to 5:30 p.m. on May 23, 2024 and to then break for 30 minutes and have the regularly scheduled Council meeting begin at 6 p.m. instead of 7 p.m., and to schedule a second Strategic Planning Workshop for May 29, 2024 at 4 p.m. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:10 p.m. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA APRIL 25, 2024 Present: Susan Bickel, Mayor Deborah Searcy, Vice Mayor Lisa Interlandi, President Pro Tem Orlando Puyol, Councilmember Kristin Garrison, Councilmember Chuck Huff, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Bickel called the meeting to order at 7:00 p.m. All members of Council were physically present except for Councilmember Garrison who attended via telephone. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Puyol gave the invocation and Vice Mayor Searcy led the public in the Pledge. Mayor Bickel announced a Special Workshop regarding the former Twin City Mall site, scheduled for May 1, 2024 at 6 p.m. located in the Council Chambers. APPROVAL OF MINUTES The Minutes of the Regular Session held March 28, 2024 were approved as written. STATEMENTS FROM THE PUBLIC Deborah Cross, 2560 Pepperwood Circle S., discussed and expressed her concerns regarding pesticides on and around trees killing the trees, and getting into the groundwater. Mrs. Cross asked Council to consider what products were being used around the trees, lawn, and properties within the Village. Mary Phillips, Environmental Committee, thanked Council and Mr. Huff for attending the Earth Day and Bird Village event. There were approximately 100-200 people who attended the event. Ms. Phillips thanked Haverland for the donation of trees and shrubs planted in islands at the Community Center and thanked, Precision Landscaping, Inc. for the maintenance of those islands. Ms. Phillips stated that the plants that were leftover would be planted at the Community Garden and at the other Village parks. Ms. Phillips thanked Environmental Committee member Kendra Zellner for pushing to have a Bird Village and thanked Council for paying for the event. Draft Minutes of Village Council Meeting held April 25, 2024 Page 2 of 12 STATEMENTS FROM THE PUBLIC continued Mayor Bickel stated that it was a nice touch to have fire fighters cook for everyone at the event. INTRODUCTION OF ADVISORY BOARD AND COMMITTEE APPLICANTS The following applicants were introduced to the Village Council: Juliette Desfeux Timothy F. Hullihan Michael Beck Benjamin Schreier The following applicants were unable to attend the meeting and submitted a comment that Mayor Bickel read into the record: David Norris Mark Michels David H. Talley Stephanie DiGangi RESOLUTION 2024-31 – APPOINTING MEMBERS TO VILLAGE BOARDS By written ballots, the originals of which are attached to the minutes of record, the Council appointed members to Village boards, as follows: Environmental Committee: Juliette Desfeux Golf Advisory Board: David Norris Library Advisory Board: Stephanie DiGangi Planning, Zoning and Adjustment Board: Timothy F. Hullihan and Mark Michels A motion was made by Councilmember Puyol and seconded by President Pro Tem Interlandi to adopt Resolution 2024-31 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPOINTING MEMBERS TO THE ENVIRONMENTAL COMMITTEE, GOLF ADVISORY BOARD, LIBRARY ADVISORY BOARD, AND PLANNING, ZONING AND ADJUSTMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter, the motion to adopt Resolution 2024-31 passed unanimously. CONSENT AGENDA APPROVED Councilmember Puyol moved to approve the Consent Agenda. Vice Mayor Searcy seconded the motion, which passed unanimously. The following items were approved: Resolution approving a Blanket Purchase Order with Tire Soles of Broward, Inc. in the total amount of $50,000 for the purchase of tires for Village vehicles. Resolution accepting a proposal from Ranger Construction Industries, Inc. for milling and resurfacing at Anchorage Park at a total cost of $44,291; and authorizing execution of the Contract. Receive for file Minutes of the Library Advisory Board meetings held 1/23/24 and 2/27/24. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 3 of 12 CONSENT AGENDA APPROVED continued Receive for file Minutes of the Environmental Committee meetings held 2/5/24 and 3/4/24. Receive for file Minutes of the Infrastructure Surtax Committee meeting held 2/13/24. Receive for file Minutes of the Planning, Zoning and Adjustment Board meetings held 2/6/24 and 3/5/24. Receive for file Minutes of the Waterways Advisory Board meeting held 2/27/24. Receive for file Minutes of the Golf Advisory Board meeting held 3/11/24. Receive for file Minutes of the Recreation Advisory Board meeting held 3/12/24. Receive for file Minutes of the Audit Committee meeting held 3/12/24. PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS PUBLIC HEARING AND SECOND READING OF ORDINANCE 2024-05 CODE AMENDMENT – PROHIBITING REMOTE PARTCIPATION BY MEMBERS OF VILLAGE BOARDS AND COMITTEES A motion was made by Vice Mayor Searcy and seconded by President Pro Tem Interlandi to adopt and enact on second reading Ordinance 2024-05 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 2-1, “BOARDS AND COMMITTEES,” TO PROHIBIT REMOTE PARTICIPATION BY MEMBERS OF VILLAGE BOARDS AND COMMITTEES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Rubin explained that Ordinance 2024-05 remained unchanged from first reading. The original language that prohibited remote participation for Advisory Board members and committees was restored. Mayor Bickel opened the public hearing on Ordinance 2024-05. Stephen Heiman, 505 Anchorage Drive, stated that his professional job requires excessive travel, and advised Council to take into consideration allowing members to attend board meetings remotely under special circumstances. Mr. Heiman stated that if Council prohibited board members from attending meetings remotely then Council should consider adopting the same ordinance for Councilmembers if they were unable to attend meetings. Mr. Heiman also stated that the Recreation Advisory Board meetings have been meetings regarding decisions made by Council rather than asking the board to advise on the decisions being made. Mr. Heiman recommended that Council look into the structure and format of board meetings. George Alger, 408 Ebbtide Dr., referenced a motion that was made by Bruce Crawford at a previous Waterways Board meeting. The motion was for a three (3) call in allowance that would not go against attendance. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 4 of 12 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2024-05 CODE AMENDMENT – PROHIBITING REMOTE PARTCIPATION BY MEMBERS OF VILLAGE BOARDS AND COMITTEES continued Edward Crawford, 506 Kingfish Rd., stated that the Village should take advantage of the wonderful people working on the boards and agreed with having a call in feature for board members and stated that it worked wonderfull y at a prior meeting. There being no further comments from the public, Mayor Bickel closed the public hearing. Discussion ensued between Councilmembers regarding the pros and cons of board member remote participation. Vice Mayor Searcy stated that she did not agree with remote participation, since participants could potentially miss half of the year’s meetings. President Pro Tem Interlandi attended a board meeting where a member requested flexibility with scheduling meetings. The member’s request was denied by the Chair who was not willing to make changes to the meetings per the direction of Council keeping the meetings on their regularly scheduled meeting day and time. President Pro Tem Interlandi recommended having the boards and committees be more flexible in scheduling their meetings to accommodate board members when necessary. Mr. Huff stated that there could be potential conflicts with staggered meetings every week, but logistics could be worked out. Mayor Bickel stated that if a meeting was moved for one member it would have to be moved for others in order to be equitable and all members must agree with the changed date and time. Council came to consensus to direct the boards and committees to be more flexible with the rescheduling of meetings as long as it did not become a consistent problem. Mr. Huff stated that communications would be made with the Chairs of the boards to come up with a scheduling process. Mayor Bickel addressed Mr. Heiman’s recommendation that Council apply the same rules of the boards to themselves. Mayor Bickel explained that because Council was elected by the public and not an appointed seat, it was harder to enforce the same rules. Thereafter, the motion to adopt and enact on second reading Ordinance 2024-05 passed unanimously. ORDINANCE 2024-06 CODE AMENDMENT – EXPIRATION OF SITE PLAN APPROVALS A motion was made by President Pro Tem Interlandi and seconded by Vice Mayor Searcy to adopt on first reading Ordinance 2024-06 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING DIVISION 3, “SITE PLAN AND APPEARANCE REVIEW,” OF ARTICLE III, “APPEARANCE CODE,” OF CHAPTER 6, “BUILDINGS AND BUILDING REGULATIONS,” TO ADOPT A NEW SECTION 6-61, “EXPIRATION OF SITE Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 5 of 12 ORDINANCE 2024-06 CODE AMENDMENT – EXPIRATION OF SITE PLAN APPROVALS continued PLAN AND APPEARANCE APPROVAL;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Caryn Gardner-Young, Director of Community Development began a presentation regarding the amending of Ordinance 2024-06. The code would be amended by adding the section “Expiration of Site Plan and Appearance Approvals.” There were presently no expirations in place. The new section in the Code of Ordinances would provide an expiration of site plans two (2) years after their approval date with the right of a one (1) year extension with staff approval. A three (3) year extension would require approval by Council. The Planning, Zoning and Adjustment Board accepted and approved the amendment with two (2) minor changes:  Change good faith to good cause, and provide justification as to why the permit should be extended. Certain language barriers have to be met.  Assure the expiration date was connected to the building permit activity. Councilmember Puyol asked if the ordinance would pertain to prior site plan approvals. Mrs. Gardner-Young explained that site plans approved prior to the adoption date of the Ordinance would continue to have unlimited approval of their site plan. Mr. Rubin explained that prior approved site plans would continue to have unlimited approval due to being approved under a different set of rules, under certain circumstances a site plan would expire if its traffic concurrency expired. Councilmembers discussed applying the amended ordinance to existing site plans and asked if it would be possible to make all site plans expire after the second reading of the ordinance. Mr. Rubin advised against amending the ordinance to expire all previously approved site plans. Mayor Bickel requested that Mr. Rubin and Mrs. Gardner-Young research existing projects and consider the possibility of amending the proposed ordinance for second reading by adding language that would apply an expiration to all prior and future site plans. Thereafter the motion to adopt on first reading Ordinance 2024-06 passed unanimously There were no ex-parte communications declared for the following item: RESOLUTION 2024-34 – MINOR PUD AMMENDMENT A motion was made by Councilmember Puyol and seconded by Vice Mayor Searcy to adopt Resolution 2024-34 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING MINOR AMENDMENTS TO THE CRYSTAL COVE COMMONS COMMERCIAL PLANNED UNIT DEVELOPMENT TO IDENTIFY FOUR Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 6 of 12 RESOLUTION 2024-34 – MINOR PUD AMMENDMENT continued OUTDOOR SEATING AREAS ON THE SITE PLAN, AMEND THE USES AND PARKING CALCULATIONS TO REFLECT THE CURRENT TENANT MIX, AND REVISE THE COLOR OF THE FAÇADE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lentzy Jean-Louis of Urban Design Studio and on behalf of Crystal Cove Commons LLC began a presentation on updating/improving uses of the shopping center to reflect current tenant occupancy mix, update and identify outdoor dining locations, revise the parking calculation consistent with the current tenant mix, and approve slightly modified exterior paint colors for the office building. Mr. Jean-Louis discussed and reviewed the history of the site location and the proposed site plan. Mr. Jean-Louis stated that there were no changes to the building, square footage or exterior building envelope. Mr. Jean-Louis reviewed the existing approved waiver which approved thirty-seven (37) parking spaces in 2017 and explained that the proposed difference between required and provided was twenty-four spaces which remained within the thirty-seven (37) space waiver and would not require a change to the waiver. Mr. Jean-Louis discussed a parking study, which concluded that the maximum parking demand for the proposed plan of development was 559 parking spaces. The proposed site plan could accommodate 591 parking spaces. Therefore, the site was expected to have a parking surplus of at least thirty-two (32) spaces. Mr. Jean-Louis discussed and explained the existing outdoor dining for the following: Zeera Indie Cuisine - 479 sq. feet, Cod and Capers - 953 sq. feet, Stormhouse Brewing - 779 sq. feet. The proposed outdoor dining for the new Matteo’s restaurant would be 2,275 square feet. The Planning, Zoning and Adjustment Board unanimously approved the proposal with the condition of an eight (8) foot pedestrian pathway to be provided in front of Matteo’s. Lastly a revision to the color scheme on the exterior paint color on the office building was also being proposed. Deborah Cross, 2560 Pepperwood Circle S., asked what would happen if the changes were to revert to something other than what was approved. Mrs. Cross expressed concern that a reduction in the parking may cause an issue if there was an increase of people coming in. Councilmember Puyol questioned Mr. Jean-Louis on plans for the seating, table count, style, and parking. Mr. Jean-Louis stated that in 2018, Village staff did not want outdoor seating visible on the site plan and that they were now formally placing outdoor seating back to be visible on the site plan. Overall, square footage would be depicted; the parking calculations incorporated the outdoor dining square footage. Mayor Bickel and Vice Mayor Searcy questioned why the seating plans were taken off the original site plan. Mr. Rubin stated that there was considered a pool of outdoor seating that could be utilized by the tenants as long as it did not exceed 3211 square feet, it was factored into the parking calculations regardless of where the seating was placed. Discussion continued between the applicants and Councilmembers regarding the proposed changes to the site plan. Thereafter, the motion to adopt Resolution 2024-34 passed unanimously. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 7 of 12 RESOLUTION 2024-35 – HVAC AUTOMATION/INTEGRATION SYSTEM AT PUBLIC SAFETY BUILDING A motion was made by Councilmember Puyol and seconded by Vice Mayor Searcy to adopt Resolution 2024-35 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A SOLE SOURCE PROPOSAL FROM WISCH & JACKSON CO. OF FLORIDA, INC. FOR THE INSTALLATION OF AN HVAC AUTOMATION/INTEGRATION SYSTEM AT THE PUBLIC SAFETY BUILDING AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. James Anthony, Facilities Manager discussed and explained the Public Safety building’s newly installed chiller system and the new air handlers that were estimated to arrive by the end of July 2024. The purpose of the resolution was to purchase and install an HVAC automation/integration system that would unify systems in twenty-seven (27) different zones included in Village Hall, Country Club, and the Public Safety Buildings. The buildings would be unified on one system with the ability to be controlled from a different area. Mr. Anthony provided the example of the Fire Department and where staff occupies the space for twenty-four (24) hours a day 365 days a year versus the Police Department who may only have one (1) employee working overnight having the ability to shut down zones on the Police Department side. The system would save energy and money by recouping the cost over the next five (5) years. Discussion ensued between Mr. Anthony and Councilmember Puyol regarding the proposed HVAC automation/integration system. Anthony Giarusso, 513 Harbor Rd, expressed his concerns for the comfort of the Fire Department staff that are in the building twenty-four (24) hours a day and 365 days a year. Mary Phillips asked if the system at the Library would be included since it is over fifty (50) years old. Mr. Huff stated that the Library had a different system and its replacement would be considered in the future. Mayor Bickel and Vice Mayor Searcy questioned the safety of the program asking if the software could be hacked if the Wi-Fi went down. John Walker, Service Manager of Wisch & Jackson stated that the Automated Logic Building Automation System was Federal Government Certified and used by the Air Force, government facilities, and the Pentagon and had a distributed control for standard security measures. When communication is lost, each controller has its own program and schedule. Thereafter, the motion to adopt Resolution 2024-35 passed unanimously. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 8 of 12 RESOLUTION 2024-36 – AMENDMENT TO CONTRACT FOR POND STABILIZATION WORK AT COUNTRY CLUB A motion was made by Councilmember Puyol and seconded by President Pro Tem Interlandi to adopt Resolution 2024-36 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CONTRACT WITH MARSH MANAGEMENT SYSTEMS, LLC FOR POND STABILIZATION WORK AT THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE TO EXPAND THE SCOPE OF WORK AND ADJUST THE COMPENSATION; AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AMENDMENT; WAIVING THE VILLAGE’S PURCHASING POLICES AND PROCEDURES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Allan Bowman, Golf Professional explained that the stabilization work on the pond was necessary after damage ensued and the possible liability to the golf course. The damage was caused near the 18th hole and there was now wood inside of the bank to hold it together. Marsh Management Systems specializes in a patented erosion control product, and have done all of the pond stabilization work at the Village’s golf course. Mr. Bowman was requesting the adoption of the resolution approving the amendment in order to make the repairs needed to the damaged pond bank. John Samadi., 512 Marlin Rd., asked why the damages to the bank were not included in the original request. Mr. Samadi expressed his concerns with the Village’s procurement procedures. Vice Mayor Searcy asked if an insurance claim was made for the damages that were caused, and if the parents of the young boys that caused the damage notified and made of aware of the restitution they were responsible for. Mr. Bowman stated that he did not make an insurance claim and was not able to catch up to the young boys that caused the damage since it was raining very hard and they had taken off before he could reach them. Councilmember Puyol reiterated things were changing that were not originally included in the plans and that money would continue to be applied and add value to the golf course. Vice Mayor Searcy requested that Mr. Bowman explore making an insurance claim on the damage that was done to the golf courses bank and bunker. Thereafter, the motion to adopt Resolution 2024-36 passed unanimously. RESOLUTION 2024-37– GOLF CART LEASE EXTENSION A motion was made by Councilmember Puyol and seconded by President Pro Tem Interlandi to adopt Resolution 2024-37 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA ACCEPTING A PROPOSAL FROM E-Z-GO, A DIVISION OF TEXTRON, INC., FOR A NINE-MONTH EXTENSION OF THE EXISTING LEASE AND A Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 9 of 12 RESOLUTION 2024-37– GOLF CART LEASE EXTENSION continued NEW THIRTY-SIX MONTH LEASE FOR EIGHTY GPS EQUIPPED GOLF CARTS, ONE UTILITY HAULER, ONE SHUTTLE, AND ONE BEVERAGE CART PURSUANT TO PRICING ESTABLISHED IN AN EXISTING OMNIA PARTNERS PUBLIC SECTOR CONTRACT AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE NECESSARY LEASE AGREEMENTS AND RELATED DOCUMENTS IN ACCORDANCE WITH THE TERMS OF THE PROPOSAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Bowman explained the pros of extending the golf cart lease. The carts would remain under warranty, carts would continue to be cleaned and maintained in the best condition. Mr. Bowman explained that the E-Z Go golf carts have a patented intelibrake system, which was an airbrake and was a very important safety feature. The other two vendors do not have this safety braking system. Mr. Bowman discussed and explained the differences between the three (3) vendors that were considered for golf cart leasing. Chris McDermott, 744 Waterway Drive, asked who was providing financing for the golf carts lease and why was leasing considered versus buying. Mr. Bowman explained that the manufacturer would set up leasing, prices would not be locked in until the golf carts were taken, and interest rates would be shopped around once they came down. Councilmember Puyol gave a breakdown of cart pricing of $7.70 per cart and $30.00 per cart was charged for eighteen (18) holes of golf. Mr. Puyol stated that the monies would be recovered. Vice Mayor Searcy stated that taxpayer’s dollars were not paying for carts and that the funds came from the Enterprise Fund and that golf pays for itself. Mayor Bickel questioned why a Fire Rescue Cart was not included in the lease. Mr. Bowman explained that Fire Rescue currently has a gas cart at the Country Club that could run for many years. Thereafter, the motion to adopt Resolution 2024-37 passed unanimously. MAYOR AND COUNCIL MATTERS/REPORTS Mayor Bickel announced that the North Palm Beach Symphony would be featured on WPTV on May 1 at the Country Club starting at 4:30 a.m. They would be featured live several times between 5 a.m. - 8 a.m. Vice Mayor Searcy asked that coffee, donuts, and orange juice be provided to the symphony and have it paid for out of the Council’s budget. Vice Mayor Searcy stated that she agreed with Mr. Heiman’s point regarding, having more voices and more perspective at advisory board meetings. Vice Mayor Searcy recommended that every advisory board meeting agenda have an item that was requesting feedback. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 10 of 12 MAYOR AND COUNCIL MATTERS/REPORTS continued President Pro Tem Interlandi agreed with working out ways to hear more from the boards and being more proactive about items that were being brought to them by planning them ahead of time. Mr. Huff explained that the intent of the boards was Council or Administration seeking input from the board on a particular item. All of the boards should be bringing something to the table with respect to their board instead of Council or Administration bringing things to the board. The board should be bringing things to the Council because they are in the community and it is the boards that should be more proactive bringing items forward. President Pro Tem Interlandi stated that she attended a Waterways Board meeting where they had a discussion regarding the Village’s waterways and the increase of vessels that were mooring in the Old Port Cove area. President Pro Tem Interlandi requested discussing the issue during strategic planning. Vice Mayor Searcy requested that public meetings not be held on major religious holidays. Councilmember Puyol thanked Julie Morrell, Library Manager and the Library Advisory Board. Councilmember Puyol applauded the book club and the space and opportunities that the Library provides. Councilmember Puyol congratulated Ms. Davis on the Village of North Palm Beach Country Club brochure. President Pro Tem Interlandi asked if round up was being used around Village trees. Vice Mayor Searcy stated that Precision Landscape was asked to not use round up around the trees. Mayor Bickel stated that research and input on what is being used on the trees could be provided by the Environmental Committee. Mr. Huff stated that a handout with updates on Village projects was at the back of the Council Chambers for anyone who would like a copy. President Pro Tem Interlandi thanked Mayor Bickel and Mr. Huff for scheduling the May 1 meeting to discuss the former Twin City Mall site. Vice Mayor Searcy recommended moving Council meetings to an earlier time. VILLAGE MANAGER MATTERS/REPORTS Mr. Huff announced that the May 1 meeting would discuss the C3-Regional Mixed-Use District on the former Twin City Mall site. Council came to consensus to schedule the May 1 meeting at 5:30 p.m. DISCUSSION – Country Club Restaurant Mr. Huff discussed previous conversations with Mr. Stetner regarding the current lease with Farmers Table. They discussed lease modifications, and lease renewal. Mr. Stetner notified the Village in late March that they would not be renewing the lease. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 11 of 12 DISCUSSION – Country Club Restaurant continued Mr. Huff stated that he informed Mr. Stetner of having the end date of the contract moved to September 30 in order to align a contract with a new restaurant at the start of the new fiscal year and Mr. Stetner was agreeable. Mr. Huff stated that Mr. Stetner informed him that Farmer’s Table did not intend to do additional funding the 4th of July of event or the thirty-nine (39) events that they have booked up until January of next year. Mr. Huff discussed receiving letters of interest from prospects willing to take over future events planned with Farmer’s Table. Mr. Huff asked for direction on how to move forward. Mayor Bickel stated that the RFP process was the right thing to do, although they were under a time crunch with possible revenue lost. The RFP would need to be done now or within a year. Vice Mayor Searcy recommended starting the RFP process immediately and stated that she was confident that staff could get the RFP done quickly and efficiently. President Pro Tem Interlandi asked how many of the thirty-nine (39) events booked with Farmer’s Table were between now and August and what type of events were they. President Pro Tem Interlandi stated that the Village needed to find a way to have those events covered. Councilmember Puyol stated that the Village should be held to a higher standard and pick a vendor as soon as possible in order to cover the booked events. Chris McDermott, 744 Waterway Dr., recommended finding a replacement to formulate a stopgap measure to continue all events planned, and then form a committee to be tasked with evaluating the criteria for the stopgap measure. Discussion ensued between Mr. Huff, Mr. Rubin, and Councilmembers regarding different plans of action that can be taken to fulfill the residents and Country Club’s needs with a new vendor which included the following: a rushed RFP process or “mini” RFP, interim vendor lease until the RFP process was complete, or the required and recommended RFP process that can take up to four (4) to six (6) months. Discussion continued regarding the legalities of the contract between the Village and Farmer’s Table Restaurant. Barton Benning, 523 Harbor Rd., asked what type of applicants Council would consider for the Country Club restaurant such as a major chain, family style, or a local steak house. Mr. Benning recommended someone local and was going to provide for the community. Karen Marcus recommended taking the right amount of time to do an RFP. Ms. Marcus stated Mr. Huff received an offer from Mr. Epstein who caters and would be able to take care of the weddings and other events. In addition, Entrée Nou was closing in May and could bring in their chef. The Country Club would have a caterer and chef for approximately eighteen months (18) months to two (2) years and then the RFP process could begin. Draft Minutes of the Village Council Regular Session held April 25, 2024 Page 12 of 12 DISCUSSION – Country Club Restaurant continued The following vendor prospects came forward to discuss their proposed plans and/or recommendations for the Country Club restaurant: Connie Chabot and Pat Welsh 118 Yacht Club Dr., owners of Nature’s Way Café Rebecca Delarosa, Representative of Lessing’s Hospitality Group Randy Epstein, Draft House Bar and Grill Ben Foster, 1192 SW Dalton Ave, MLM Food Group Councilmembers discussed their recommendations for how to move forward with addressing the issues the Village was facing regarding the Country Club Restaurant. Beth Davis, Country Club General Manager, discussed the pros and cons of working with Farmer’s Table over the past four and a half (4 ½) years. Ms. Davis stated that when the Covid-19 pandemic hit, it caused a revenue loss and changes in General and Dining Room Managers. Ms. Davis stated that she would follow whatever direction Council decides with an RFP. Ms. Davis reminded Council that the Village has an obligation of an amortization schedule for monies owed to Farmer’s Table for the build out. Ms. Davis stated that current staff would stay to help with the transition. Discussion ensued between Mr. Rubin, Councilmembers and Ms. Davis regarding Farmer’s Table’s planned departure and obligations of the lease. Mr. Huff stated that the letter from Farmer’s Table indicated that they would be departing from the Country Club on August 15, 2024. Mayor Bickel recommended appointing a vendor for six (6) months and then starting the RFP process. Vice Mayor Searcy expressed her concerns with appointing a vendor and stated that she was not comfortable with appointing a vendor that evening. Mr. Huff stated that he would work with Mr. Rubin and Ms. Davis on criteria for vetting interested vendors for a possible hybrid RFP. Mayor Bickel requested that Mr. Huff bring back their findings and information from prospective vendors to discuss at the next Council meeting on May 9. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:38 p.m. Marquetta Fells, Deputy Village Clerk VILLAGE OF NORTH PALM BEACH PUBLIC WORKS DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Jamie Mount, P.E., Assistant Director of Public Works DATE: May 9, 2024 SUBJECT: RESOLUTION – Approval of a Grant Agreement with the Florida Department of Environmental Protection in the amount of $59,250 for the development of a Vulnerability Assessment and authorizing its execution. The Village has been offered a grant in the amount of $59,250.00 from the Florida Department of Environmental Protection (FDEP) for the development of a Stormwater Vulnerability Assessment in compliance with Section 380.093, Florida Statutes. This assessment is crucial for our community as it will systematically evaluate the vulnerabilities of the Village’s stormwater management systems to environmental changes and extreme weather events. The benefits of conducting this Stormwater Vulnerability Assessment are significant and will contribute to the long-term resilience of the Village’s infrastructure. By accepting this grant, the Village will be able to:  Identify critical weaknesses in the stormwater systems.  Strategize effective enhancements to mitigate flood risks.  Improve water quality by addressing potential contamination sources.  Ensure compliance with environmental regulations and standards.  Leverage the assessment findings to secure future funding for necessary upgrades. The proactive completion of this assessment will lay the groundwork for a safer, more sustainable environment for all residents. It is an essential step towards protecting our community from the increasing frequency and severity of stormwater-related incidents. The attached Resolution and Grant Agreement have been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution approving a Grant Agreement with the Florida Department of Environmental Protection for the receipt of $59,250 in grant funds to develop a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, and authorizing the Mayor to execute the Agreement in accordance with Village policies and procedures. RESOLUTION 2024-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR THE RECEIPT OF GRANT FUNDS FOR PREPARATION OF A VULNERABILITY ASSESSMENT AND AUTHORIZING EXECUTION OF THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village was awarded a grant in the amount of $59,250.00 from the Florida Department of Environmental Protection (FDEP) for the development of a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes; and WHEREAS, acceptance of the grant funds requires the execution of a Grant Agreement with FDEP; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing “whereas” clauses are hereby adopted and incorporated herein. Section 2. The Village Council hereby approves a Grant Agreement with the State of Florida Department of Environmental Protection for the receipt of grant funds for the development of a comprehensive Vulnerability Assessment, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor to execute the Grant Agreement on behalf of the Village. Section 3. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK DEP Agreement No. Rev. 1/31/24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project):Agreement Number: 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Entity Type: Grantee Address: FEID: (Grantee) 3. Agreement Begin Date:Date of Expiration: 4. Project Number: (If different from Agreement Number) Project Location(s): Project Description: 5. Total Amount of Funding:Funding Source? Award #s or Line-Item Appropriations: Amount per Source(s): ☐State ☐Federal $ ☐State ☐Federal $ ☐State ☐Federal $ ☐Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 6.Department’s Grant Manager Grantee’s Grant Manager Name:Name: or successor or successor Address: Address: Phone: Phone: Email: Email: 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: ☐Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ☐Attachment 2: Special Terms and Conditions ☐Attachment 3: Grant Work Plan ☐Attachment 4: Public Records Requirements ☐Attachment 5: Special Audit Requirements ☐Attachment 6: Program-Specific Requirements ☐Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with section 215.985, F.S. ☐Attachment 8: Federal Regulations and Terms (Federal) ☐Additional Attachments (if necessary): ☐Exhibit A: Progress Report Form ☐Exhibit B: Property Reporting Form ☐Exhibit C: Payment Request Summary Form ☐Exhibit D: Quality Assurance Requirements ☐Exhibit E: Advance Payment Terms and Interest Earned Memo ☐Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 7/1/2023 6/30/2026 Village of North Palm Beach Comprehensive Vulnerability Assessment Local Government 501 US Highway One North Palm Beach, Florida 33408-0000 59-6017984 Palm Beach County, Florida The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093 F.S. $59,250.00 FY 23-24 GAA Line Item #1820 59,250.00 Veronica Emata Resilient Florida Program 3900 Commonwealth Boulevard,MS230 Tallahassee, Florida 32399 850-245-2905 Veronica.Emata@FloridaDEP.gov Chad Girard, P.E. Village of North Palm Beach 501 US Highway One North Palm Beach, Florida 33408-0000 (561) 691-3450 cgirard@village-npb.org 4 4 4 4 4 4 4 4 4 24PLN29 24PLN29 59,250.00 Village of North Palm Beach 4 DEP Agreement No. Rev. 1/31/24 ☐ Additional Exhibits (if necessary): 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) (FAIN): Unique Entity Identifier (UEI): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ☐ Yes ☐N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. GRANTEE Grantee Name By (Authorized Signature) Date Signed Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ☐ Additional signatures attached on separate page. 4 Exhibit F:Final Report Form,Exhibit G:Photographer Release Form,Exhibit H:Contractual Services Certification,Exhibit I:Vulnerability Assessment Compliance Checklist Certification 24PLN29 Village of North Palm Beach Susan Bickel, Mayor Eddy Bouza, Program Management Director 4 ORCP Additional Signatures ______________________________________________ DEP Grant Manager, Veronica Emata ______________________________________________ DEP QC Reviewer, Stephanie Link Grantee may add additional signatures below, if needed. Attachment 1 1 of 13 Rev. 9/15/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee’s forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties’ Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties’ records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee’s match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 2 of 13 Rev. 9/15/2023 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department’s remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee’s lack of satisfactory performance under the terms of this Agreement. The Grantee’s efforts to correct the rejected deliverables will be at Grantee’s sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee’s failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department’s Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department’s termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department’s notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 3 of 13 Rev. 9/15/2023 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department’s Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.org/community-planning-and-development/rural-community-programs/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1 4 of 13 Rev. 9/15/2023 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State’s the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor’s website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. l. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor’s invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department’s Grant Manager of the fixed price Attachment 1 5 of 13 Rev. 9/15/2023 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager’s approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant’s Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee’s direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee’s contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney’s fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department’s Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department’s notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1 6 of 13 Rev. 9/15/2023 a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee’s insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State’s best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days’ written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee 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 Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department’s discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1 7 of 13 Rev. 9/15/2023 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30-day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee’s business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days’ notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee 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 Grantee’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE’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 Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole Attachment 1 8 of 13 Rev. 9/15/2023 discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee’s breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee’s obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee’s sole expense; and (3) assistance in defending the action at Grantee’s sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee’s prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee’s negligence, waive Department’s sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department’s liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department’s right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department’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. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1 9 of 13 Rev. 9/15/2023 not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers’ compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Attachment 1 10 of 13 Rev. 9/15/2023 c. All construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a “project funded by President Biden’s Bipartisan Infrastructure Law” or “project funded by President Biden’s Inflation Reduction Act” as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is 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, the Grantee certifies that it is 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 Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is 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. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during Attachment 1 11 of 13 Rev. 9/15/2023 the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department’s Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department’s Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled “Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination” (form number DFS-A2-NS) that can be found under the “Links/Forms” section appearing at the following website: https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1 12 of 13 Rev. 9/15/2023 original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department’s secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department’s actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee’s employees, subcontractors, or agents access to meetings within the Department’s facilities, unless the basis of Department’s denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, 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 Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third- party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. Attachment 1 13 of 13 Rev. 9/15/2023 37. Grantee’s Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole-source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real-property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 2 1 of 3 Rev. 8.8.23 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 24PLN29 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1.Scope of Work. The Project funded under this Agreement is Village of North Palm Beach Comprehensive Vulnerability Assessment. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2.Duration. a.Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c.Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3.Payment Provisions. a.Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c.Advance Pay. Advance Pay is not authorized under this Agreement. 4.Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ☐☐Salaries/Wages Overhead/Indirect/General and Administrative Costs:☐☐ a. Fringe Benefits, N/A.☐☐ b. Indirect Costs, N/A. ☒☐ Contractual (Subcontractors)☐☐Travel, in accordance with Section 112, F.S.☐☐Equipment☐☐Rental/Lease of Equipment☐☐Miscellaneous/Other Expenses☐☐Land Acquisition 5.Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6.Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7.Match Requirements There is no match required on the part of the Grantee under this Agreement. 8.Insurance Requirements Attachment 2 2 of 3 Rev. 8.8.23 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a.Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b.Commercial Automobile Insurance. If the Grantee’s duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable $200,000/300,000 Hired and Non-owned Automobile Liability Coverage c.Workers’ Compensation and Employer’s Liability Coverage. The Grantee shall provide workers’ compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d.Other Insurance. None. 9.Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11.Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department’s Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12.State-owned Land. The work will not be performed on State-owned land. 13.Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14.Common Carrier. a.Applicable to contracts with a common carrier – firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b.Applicable to solicitations for a common carrier – Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Attachment 2 3 of 3 Rev. 8.8.23 Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. DEP Agreement No.: 24PLN29 Page 1 of 5 Rev. 3.6.24 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO. 24PLN29 ATTACHMENT 3 PROJECT TITLE: Village of North Palm Beach Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in the Village of North Palm Beach within Palm Beach County, Florida. PROJECT DESCRIPTION: The Village of North Palm Beach (Grantee) will complete the Village of North Palm Beach Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). TASKS AND DELIVERABLES: Task 1: Identify Vulnerability Assessment Data Standards Description: The Grantee will identify the data standards, to include the sea level rise scenarios and planning horizons, needed to perform the VA based on the requirements as defined in Section 380.093, F.S. The data standards must be pursuant to the requirements that are defined in s. 380.093, F.S., as of the date of beginning data collection efforts. Deliverables: Prior to conducting the work for the Project, the Grantee will provide the following: •1.1: The proposed data standards (sea level rise scenarios and planning horizons) to be used in the VA. This is a no cost deliverable. Task 2: Kick Off Meeting Description: The Grantee will develop an overall project management plan and address initial actions and then conduct a kick-off meeting for the project. Meeting attendees will discuss the project scope, project goals, schedule, key milestones, and deliverables in order to develop a consistent project approach. Deliverables: The Grantee will provide the following: •2.1: Meeting agenda to include location, date, and time of meeting; •2.2: Meeting sign-in sheets or attendance records with attendee names and affiliation; •2.3: A copy of the presentation(s) and any materials created for distribution at the meeting, as applicable; and •2.4: Kick-off meeting minutes, which documents all decisions and agreed upon outcomes of the meeting. Task 3: Acquire Background Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario-related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Sea DEP Agreement No.: 24PLN29 Page 2 of 5 Rev. 3.6.24 level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate-high and intermediate-low projections (or the projection(s) required by Section 380.093, F.S.) for 2040 and 2070 (or the planning horizons selected in consultation with the Department in the “Identify Vulnerability Assessment Data Standards” task) at a minimum. Other projections can be used at the Grantees discretion so long as additional scenarios do not require additional funds. Storm surge data used must be equal to or exceed the 100-year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low-quality information may limit the VA’s extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: •3.1: A technical report to outline the data compiled and findings of the gap analysis; •3.2: A summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; and •3.3: GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a)1-4, F.S. Task 4: Exposure Analysis Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall-induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: •4.1: A draft VA report that provides details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; and •4.2: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 5: Sensitivity Analysis Description: The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: •5.1: An updated draft VA report that provides details on the findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily-required scenarios and standards; and •5.2: An initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. DEP Agreement No.: 24PLN29 Page 3 of 5 Rev. 3.6.24 Task 6: Identify Focus Areas Description: The Grantee will identify focus areas following the guidelines in Chapter 2 of the Florida Adaptation Planning Guidebook. Based on the exposure and sensitivity analyses, the Grantee may assign focus areas to locations or assets that are particularly vulnerable and require the development of adaptation strategies. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: •6.1: A report summarizing the areas identified as focus areas, with justification for choosing each area; •6.2: Tables listing each focus area with any critical assets that are contained inside the focus area; •6.3: Maps illustrating the location of each focus area compared to the location of all critical assets within the geographic extent of the study; and •6.4: GIS files and associated metadata illustrating geographic boundaries of the identified focus areas. Task 7: Final Vulnerability Assessment Report, Maps, and Tables Description: The Grantee will finalize the VA report pursuant to the requirements in s. 380.093, F.S. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks and assigned focus areas. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea-level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (Exhibit I), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: •7.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily-required scenarios and standards in s. 380.093, F.S.; •7.2: A final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset; •7.3: All electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and •7.4 A signed Vulnerability Assessment Compliance Checklist Certification. Task 8: Public Presentation Description: The Grantee will present the final VA results to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentation is to share the findings from the final VA and provide recommendations of actions for adaptation strategies and future project funding. The presentation will also inform the public of the results and the future risk of sea level rise and increased flooding and encourage community participation when identifying mitigation strategies to address the flooding vulnerabilities. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: •8.1: Meeting agendas to include location, date, and time of meeting; DEP Agreement No.: 24PLN29 Page 4 of 5 Rev. 3.6.24 •8.2: Meeting sign-in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff); •8.3: A copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; •8.4: A copy of the file or weblink of the video or audio recording from the meeting, if applicable; and •8.5: A summary report including attendee input and meeting outcomes. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department’s Grant Manager on or before the Task Due Date listed in the Project Timeline. The deliverables for each task must be submitted in chronological order, with the exception of the “Conduct Steering Committee Meetings” and “Peril of Flood Compliance” tasks, if included. Grantees must have received a Deliverable Acceptance Letter from the Department’s Grant Manager prior to submitting any subsequent deliverables. The Department’s Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s), and will provide written acceptance or denial of the deliverable(s) to the Grantee within thirty (30) calendar days. Tasks may include multiple deliverables to be completed. The Department will accept partial and full deliverables. Incomplete deliverables will not be accepted. A “partial deliverable” is defined as a deliverable consisting of one (1) or more (but not all) subcomponents listed in the deliverable list for a single task, where such subcomponent(s) are delivered to the Department at one hundred percent (100%) completion. A “full deliverable” is defined as a deliverable comprising all subcomponents listed in the deliverable list for a single task, all delivered to the Department at one hundred percent (100%) completion. An “incomplete deliverable” is defined as a deliverable for which one hundred percent (100%) completion has not been achieved for any of the subcomponents listed in the deliverable list for a single task. A task is considered one hundred percent (100%) complete upon the Department’s receipt and approval of all deliverable(s) listed within the task and the Department’s approval provided by the Deliverable Acceptance Letter. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement’s most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee’s full or partial completion of a task’s deliverable(s) and acceptance by the Department’s Grant Manager, the Grantee may submit a payment request for cost reimbursement using the Exhibit C, Payment Request Summary Form. All payment requests must be accompanied by the Deliverable Acceptance Letter; the Exhibit A, Progress Report Form, detailing all progress made in the invoice period; and supporting fiscal documentation including match, if applicable. Interim payments will not be accepted. Payment requests will not be accepted until all required Exhibit A, Progress Report Forms, have been submitted to the Department’s Grant Manager for all reporting periods dating back to the Agreement Begin Date. Upon the Department’s receipt of the aforementioned documents and supporting fiscal documentation, the Department’s Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost-reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department’s Grant Manager, with the details of the request and the reason for the request made clear. DEP Agreement No.: 24PLN29 Page 5 of 5 Rev. 3.6.24 Task No. Task Title Budget Category DEP Amount Match Amount Total Amount Task Start Date Task Due Date 1 Identify Vulnerability Assessment Data Standards No-Cost Deliverable $0 $0 $0 7/1/2023 Prior to Initiating Task 2 2 Kick Off Meeting Contractual Services $4,400 $0 $4,400 7/1/2023 7/1/2024 3 Acquire Background Data Contractual Services $9,900 $0 $9,900 7/1/2023 12/1/2024 4 Exposure Analysis Contractual Services $10,000 $0 $10,000 7/1/2023 12/1/2024 5 Sensitivity Analysis Contractual Services $10,000 $0 $10,000 7/1/2023 12/1/2024 6 Identify Focus Areas Contractual Services $8,950 $0 $8,950 7/1/2023 12/31/2025 7 Final Vulnerability Assessment Report, Maps, and Tables Contractual Services $8,000 $0 $8,000 7/1/2023 3/31/2026 8 Public Presentation Contractual Services $8,000 $0 $8,000 7/1/2023 3/31/2026 Total: $59,250 $0 $59,250 Attachment 4 1 of 1 Rev. 4/27/2018 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1.Public Records. a.If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b.The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term “contract” means the “Agreement.” If Grantee is a “contractor” as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public 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.A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d.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 Public Records to Department. e.Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department 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 Public Records stored electronically must be provided to Department, upon request from Department’s custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services@floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 5 1 of 7 BGS-DEP 55-215 revised 11/8/2022 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. Attachment 5 2 of 7 BGS-DEP 55-215 revised 11/8/2022 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1.In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2.In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3.If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4.For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida’s website at http://www.myflorida.com/, Department of Financial Services’ Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity’s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1.Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A.The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 3 of 7 BGS-DEP 55-215 revised 11/8/2022 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse’s Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2.Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A.The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us B.The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General’s website (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3.Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@dep.state.fl.us 4.Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 4 of 7 BGS-DEP 55-215 revised 11/8/2022 5.Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5, Exhibit 1 5 of 7 BGS-DEP 55-215 Revised 7/2019 EXHIBIT – 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Federal Program A Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Federal Program B Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category $ Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 6 of 7 BGS-DEP 55-215 Revised 7/2019 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: Federal Program A Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year1 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Award Florida Department of Environmental Protection 23.24 37.098 Resilient Florida Programs $59,250.00 140078 State Program B State Awarding Agency State Fiscal Year2 CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award $59,250.00 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [https://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [https://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.fldfs.com/fsaa/state_project_compliance.aspx]. The 1 Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5, Exhibit 1 7 of 7 BGS-DEP 55-215 Revised 7/2019 services/purposes for which the funds are to be used are included in the Agreement’s Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Rev. 2.1.24 Attachment 6 Page 1 of 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM-SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1.Sea Level Impact Projection Study Requirement. If a state-funded construction project is located within an area where a Sea Level Impact Protection (SLIP) study is required pursuant to the relevant Florida Statute (s. 161.551, Florida Statutes (F.S.), before July 1, 2024; s. 380.0937, F.S., beginning July 1, 2024, and thereafter), the Grantee is responsible for conducting such a SLIP study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and published on the Department’s website for at least thirty (30) days before construction can commence. Upon submission to the Department, SLIP study reports must meet all relevant statutory requirements, as well as the then-current standards and criteria indicated in Chapter 62S-7, Florida Administrative Code. 2.Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant-funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant-funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3.Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as “508 Compliant,” in all formats provided. 4.Copyright, Patent and Trademark. The Department reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a.The copyright in any work developed under this Agreement; and b.Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5.Grant funds may not be used to support ongoing efforts to comply with certain legal requirements or actions that were unanticipated, non-existent, or unknown to the Department at the time of this Agreement’s execution, including regulatory and permit compliance requirements, non-compliance and citation fees, fees resulting from unanticipated permit conditions, settlement agreements, and compliance with formal or informal enforcement actions to resolve violations of applicable rules and statutes (including consent orders, Closed Without Official Enforcement agreements, and similar enforcement actions). Grant funds may be utilized to support ongoing efforts to comply with permit-required conditions, as approved by the Resilient Florida Program (e.g., pre-, during-, and post-construction monitoring and mitigation efforts). 6.Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department’s logo (which can be found on the Department’s website at: https://floridadep.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: “This work was funded in part through a grant agreement from the Florida Department of Environmental Protection’s Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, Rev. 2.1.24 Attachment 6 Page 2 of 2 findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies.” The next printed line must identify the month and year of the publication. 7. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project’s completion date. 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program’s GIS Data Standards (found on the Resilient Florida Program website: https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data- standards), and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SLFRF Reporting Requirements Form upon execution of the grant agreement. Exhibit A, Page 1 of 1 Rev. 1/13/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department’s website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. https://floridadep.gov/Resilient-Florida-Program/Grants Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department’s website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. https://floridadep.gov/Resilient-Florida-Program/Grants Exhibit F, DEP Agreement # 24PLN29 Page 1 6/30/2023 EXHIBIT F DEP AGREEMENT NO. 24PLN29 VILLAGE OF NORTH PALM BEACH COMPREHENSIVE VULNERABILITY ASSESSMENT Village of North Palm Beach Final Project Report Insert Month & Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 24PLN29 Page 2 6/30/2023 Part I. Executive Summary Part II. Methodology Part III. Outcome Include the following: 1) evaluation of project’s ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee’s agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department’s Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department’s Grant Manager, identified in paragraph 18 of this agreement. Exhibit G, DEP Agreement #: 24PLN29 11/19/2021 Page 1 of 1 Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 24PLN29 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter’s Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty-free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the “Work”) to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third-party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection’s use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Date: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: Project Title: Grantee: Subcontractor: Note: Submit separate Exhibit H Certification for each additional subcontractor. 1.Documentation of the Grantee’s procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2.A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3.An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee’s relevant grant agreement; 4.A copy of the Grantee's executed subcontract agreement, as required by Attachment 2, Paragraph 11; and 5.This Exhibit H, signed and dated by the Grantee’s own (non-Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee’s Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee’s non- Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee’s Resilient Florida Grant Program grant agreement: Rev. 1.4.2024 24PLN29 Village of North Palm Beach Comprehensive Vulnerability Assessment Village of North Palm Beach Exhibit I 1 of 3 Rev. 12/15/2023 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all planning grant agreements that include a comprehensive Vulnerability Assessment. DEP Agreement Number: __________________________ Project Title: ____________________________________ Grantee: ________________________________________ In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. When filling out the checklist, please provide the corresponding page number in the VA or, if the item is not applicable, an explanation as to why it is not applicable. The Grantee must abide by the Department’s GIS Data Standards found on the Resilient Florida Program webpage: https://floridadep.gov/rcp/resilient-florida-program/documents/resilient-florida-program-gis-data-standards Part 1 – Subparagraph 380.093(3)(c)2., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) A ☐ Final Vulnerability Assessment Report that provides details on the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department’s GIS Data Standards and include the following three (3) items: B ☐ Geospatial data in an electronic file format. C ☐ GIS metadata. D ☐ List of critical assets for each jurisdiction, including regionally significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset. Critical assets and regionally significant assets are as defined in subsection 380.093(2), F.S. Part 2 – Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) E ☐ Peril of Flood Comprehensive Plan amendments developed that address paragraph 163.3178(2)(f), F.S. (if applicable) ☐Noncoastal community/Peril of Flood not required ☐Already in compliance 24PLN29 Village of North Palm Beach Comprehensive Vulnerability Assessment Village of North Palm Beach Exhibit I 2 of 3 Rev. 12/15/2023 F ☐ Depth of tidal flooding, including future high tide flooding. The threshold for tidal flooding is 2 feet above mean higher high water. (if applicable) G ☐ Analysis geographically displays the number of tidal flood days expected for each scenario and planning horizon. (to the extent practicable) H ☐ Depth of current and future storm surge flooding using publicly available NOAA or FEMA storm surge data. (check one, if applicable) ☐NOAA data ☐FEMA data H.1 ☐Initial storm surge event equals or exceeds current 100-year flood event. (if applicable) H.2 ☐Higher frequency storm analyzed for exposure of a critical asset. (optional, but must provide additional detail if included) I ☐ Rainfall-induced flooding was considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (to the extent practicable but required if item e is noncoastal) I.1 ☐Future boundary conditions have been modified to consider sea level rise and high tide conditions. For rainfall-induced flood modeling, the model inputs for the 2040/2070 rainfall scenarios should use projected sea level rise/high tide conditions. (if applicable) I.2 ☐Depth of rainfall-induced flooding for 100-year storm and 500-year storm event. (required if item e is noncoastal) J ☐ Compound flooding or the combination of tidal, storm surge, and rainfall- induced flooding. (to the extent practicable) Part 3 – Subparagraph 380.093(3)(d)3., F.S. Item ID Check if Included Item Description Page Reference in VA Report (if applicable) K ☐ All analyses in North American Vertical Datum of 1988. L ☐ Includes at least two local sea level rise scenarios, which must include the 2017 NOAA intermediate-low and intermediate-high sea level rise projections. M ☐ Includes at least two planning horizons, which must include years 2040 and 2070. N ☐ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. N.1 ☐Local, publicly available, sea level data was taken from one of the two closest NOAA tide gauges. Data may be taken from one such gauge if the gauge has a higher mean sea level. (if checked, provide Department approval). 4 Exhibit I 3 of 3 Rev. 12/15/2023 Identify all counties and municipalities that are included in this Vulnerability Assessment: I certify that, to the Grantee’s knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Print Name Date 24PLN29 Village of North Palm Beach VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES DATE: March 26, 2024 CALL TO ORDER The meeting was called to order at 7:01 PM by the Chair. ROLL CALL Present at the meeting were:  Bonnie Jenkins, Chair  Phyllis Wisner, Member  Carolyn Kost, Member  Tina Chippas, Member  Brad Avakian, Secretary  Christine Delguzzi, Vice-Chair  Julie Morell, Library Manager APPROVAL OF MINUTES The minutes from the February meeting were approved unanimously following a motion from Tina Chippas and a second from Carolyn Kost. MANAGER’S REPORT - Julie Morell  Facilities: Three new little libraries received and being prepared for installation.  Grants: Received a $25,000 grant from the Kelsey Naylor family for library upgrades including new AV equipment and furniture.  Staffing: Advertising for a new children's librarian has begun.  Children’s Programming:  Continuation of four weekly story times with average attendance of 25.  Junior League story times are now held in a larger space due to increased participation.  Plans for summer reading program include collaborations with local schools and organizations.  Crafts sessions continue to attract about ten children each week.  Teen Programming: Continuation of volunteer support.  Adult Programming:  Regular knit and crochet sessions, and the ongoing Great Courses series on Ireland, with plans for a series on Italy starting in October.  Hosted a silent film event and a book club discussion which attracted several attendees.  Craft sessions including a spring-themed bouquet making workshop were highly successful.  Friends of the Library: Successful raffle of a chocolate basket; plans for future events including Heritage Day beer sales. NEW BUSINESS  Discussion on potential new board member and meeting logistics.  Next advisory board meeting to be held in council chambers at Village Hall. OLD BUSINESS  None. MEMBER COMMENTS  None. STAFF COMMENTS  None. ADJOURNMENT The meeting was adjourned at 7:14 PM. VILLAGE OF NORTH PALM BEACH WATERWAYS ADVISORY BOARD DRAFT MEETING MINUTES Village Hall Council Chambers Mar. 26. 2024 5:30 PM I.CALL TO ORDER – Jerry Sullivan, Acting Chair II. ROLL CALL – MEMBERS: Present: Paul Bartlett, Vice Chair Mark Michels, Secretary Bruce Crawford George Alger by telephone Marty Domenech Diane Wimbrow III. VILLAGE GUESTS: Mark Holloway, WAB Liaison Orlando Puyol, Council person-elect IV. APPROVAL OF MINUTES: from Feb. 27. Approved 6-0 without edit V. PUBLIC COMMENTS Chris Ryder- 118 Dory Rd.,S.: asked if UF Law School white paper “Anchoring Away ” which was emailed was received by WAB members. Some said yes, some no. Mr. Holloway to make sure all members receive this. Orlando Puyol- 141 Ebbtide: offered to help coordinate county resources by making contact with Comm. Marino in near future. A sub-committee was sug- gested but subsequently determined to be ill-advised given Sunshine laws Ed Crawford asked about availability of minutes before approval and noted delay in minutes posting VI. NEW BUSINESS – Comprehensive Plan Alex Ahrenholz presented aspects of Village Plan relevant to WAB. WAB mem- bers to receive copy of MacArthur State Park Management Plan and the Lake Worth Lagoon management plan. WAB to read and offer suggestions before draft adoption by year’s end. Topics touched on were management of run off, sea life maintenance, marina pump out availability, and cap im- provements Anchorage Park-Southside boat dock upgrade Plans are in evolution but this is likely to be planned and implemented in 2025- 2026 Twelve Oaks Waterfront concerns post-election strategy Since no annexation, will work on multiple fronts including Commissioner Ma- rino’s office to coordinate FDOT, PBSO, other agencies and present info to neigh- bors on Lost Tree and Portage landing for support and assessment of needs- ongo- ing New Boat for Public Works WAB to advise regarding purchase of new water craft to help with run off pro- gram maintenance and code enforcement VII. OLD BUSINESS – Update-Plats Recommendation to Village Council: Mr. Holloway reports resolution presented to council and now under advisement. Monet Road Police and poss Public works substation: Further consideration of this idea discussed VIII. MEMBER COMMENTS None IX. STAFF COMMENTS None X. ACTION ITEMS New: 1. Members to offer ideas on Code and Public works boat 2. WAB members to study MacArthur State Park Management Plan and the Lake Worth Lagoon management plan to offer specific recommenda- tions at future meetings 3. Mr. Puyol to discuss and arrange contact and facilitate discussion with Comm. Marino 4. Mr. Holloway to ensure minutes are timely posted once approved by WAB Old Action Items Status: 1. WAB to be apprised of Rec Board and Environmental Board meeting dates (Mr. Holloway) Status: Not completed and to study sea grass, waterway environmental health. (Dr. Michels) Status: Ongoing 2. Present resolution regarding plat issues to NPB Council. (Mr Holloway) Sta- tus:Completed 3. Ongoing exploration of options to ensure safety of Old Port Cove area transient vessels and protection of surrounding underwater assets (Ms. Wimbrow and Dr. Michels, Mr. Holloway) Status: Ongoing XI. ADJOURNMENT 6:40 PM Respectfully submitted, Mark Michels Page 1 of 2 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Caryn Gardner-Young, Community Development Director DATE: May 9, 2024 SUBJECT: ORDINANCE 2nd Reading – An Ordinance of the Village Council amending Division 3, “Site Plan and Appearance Review” of Article III “Appearance Code” of Chapter 6, “Building and Building Regulations” to Adopt a new Section 6-61 “Expiration of Site Plan and Appearance Approval Background The Village Code does not currently address the expiration of the Site Plan and Appearance approvals. The only current limitation is related to traffic concurrency. A site plan is a comprehensive drawing that shows the proposed construction and improvements on a particular lot. It includes the layouts of buildings, landscaping, driveways, parking lots, utility improvements, detention ponds, and other necessary features. The Planning, Zoning, and Adjustment Board (Board) reviews and decides on Site Plans and Appearance petitions. If the Board approves the petition, the Site Plan and Appearance becomes effective permanently. Most municipalities have regulations that require construction to begin within a specific timeframe after obtaining the initial Site Plan and Appearance approval. If the Site Plan and Appearance petition expires without any work initiated, it becomes invalid, and the property owner must file a new petition. However, extensions for the Site Plan and Appearance petition are usually allowed in case of unforeseen construction delays. To address this issue, the Village Staff has proposed new regulations that would render Site Plan and Appearance petitions invalid two years after their approval date unless either (1) a building permit has been obtained for a principal structure, or (2) installation of infrastructure improvements and the approval of the first inspection of the improvements. A one-year extension can be requested if needed, but it must be requested no later than three months before the expiration of the two years. Any extension beyond three years will require approval from the Village Council. The proposed ordinance was discussed at the Planning, Zoning, and Adjustment Board meeting on February 6, 2024. Board Member Hogarth motioned to recommend its approval, but no second was made. As a result, the proposed Ordinance was presented to the PZAB for a second vote. On April 2, 2024, the PZAB unanimously approved the proposed Ordinance with two changes which are: Page 2 of 2 1. The expiration of the Site Plan and Appearance Review will be connected to building permit activity instead of completion of inspection or when a certain percentage of the total infrastructure cost is completed. 2. To change the Community Development Director’s standard to allow a one-year extension from “a good faith effort by the applicant to complete” to “good cause.” The proposed Ordinance reflects the PZAB’s recommendations. On April 25, 2024, the Village Council unanimously approved the Ordinance on first reading and requested Staff to determine how many approved Site Plans have not been implemented and for the Village Attorney to determine if the expiration can be applied retroactively. Staff has reviewed the Village files and located four site plans which were approved and have not been developed since 2004: Sprinter Facility (2015), Wild Papaya Nursery and Garden (2015), International Spine Institute (2016), and 200 Yacht Club Drive (2023). The Wild Papaya property was sold and is currently occupied by Precision Landscape Co., and the Spine Institute property is included within the approved 200 Yacht Club Drive project. The Village Attorney has advised that land development regulations cannot be applied retroactively if they impose new obligations or impair vested rights. Because the site plans “vested” under the regulations in place at the time of approval and the proposed Ordinance imposes a new requirement, the Ordinance cannot apply retroactively to approved site plans. The traffic concurrency for the 200 Yacht Club Drive project currently requires that all building permits be issued prior to the build -out date of December 31, 2027. Legal Review The attached Ordinance has been prepared/reviewed by the Village Attorney for legal sufficiency. Fiscal Impacts N/A Recommendation: Village Staff recommends Village Council consideration and adoption on the second reading of the attached Ordinance. Page 1 of 2 ORDINANCE NO. 2024-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING DIVISION 3, “SITE PLAN AND 4 APPEARANCE REVIEW,” OF ARTICLE III, “APPEARANCE CODE,” OF 5 CHAPTER 6, “BUILDINGS AND BUILDING REGULATIONS,” TO ADOPT A NEW 6 SECTION 6-61, “EXPIRATION OF SITE PLAN AND APPEARANCE APPROVAL;” 7 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 8 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the Village Code of Ordinances does not currently address the expiration of site plan and 11 appearance approvals, and the only current limitation on such approvals is tied to traffic concurrency; 12 and 13 14 WHEREAS, at the recommendation of Village Staff, the Village Council wishes to adopt regulations 15 governing the expiration of site plan and appearance review approvals and ability of an applicant to 16 request an extension; and 17 18 WHEREAS, the Village Council determines that the adoption of this Ordinance benefits the health, 19 safety, and welfare of the residents of the Village of North Palm Beach. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 22 NORTH PALM BEACH, FLORIDA as follows: 23 24 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 25 incorporated herein. 26 27 Section 2. The Village Council hereby amends Division 3, “Site Plan and Appearance Review,” of 28 Article III, “Appearance Code,” of Chapter 6, “Buildings and Building Regulations,” of the Village Code 29 of Ordinances to adopt a new Section 6-61 to read as follows (additional language underlined): 30 31 ARTICLE III. APPEARANCE CODE 32 33 * * * 34 35 DIVISION 3. SITE PLAN AND APPEARANCE REVIEW 36 37 * * * 38 39 Sec. 6-61. Expiration of site plan and appearance approval. 40 41 (a) Unless otherwise set forth in the development order, a site plan and 42 appearance approval, including site plans approved as part of a planned unit development, 43 shall expire and become null and void after two (2) years from the date of the approval 44 unless the applicant commences development within the two (2) year period. 45 Commencement of development shall consist of the issuance of a building permit for a 46 principal structure or for the installation of infrastructure improvements and the 47 completion of the first inspection approval. 48 Page 2 of 2 1 (b) No later than three (3) months prior to the expiration of the two (2) year 2 period, the applicant may request an extension of up to one (1) year to commence 3 development. Such extension may be granted by the community development director 4 for good cause shown. 5 6 (c) Any additional extension beyond three (3) years shall only be granted by 7 the village council. 8 9 (d) An extension pursuant to this section shall not be available with respect to 10 any extension period authorized by state law or action of the Governor which extends the 11 effective date of the site plan and appearance approval. Extensions under state law reduce 12 the time period for extensions available pursuant to this section on a one (1) day for one 13 (1) day basis. 14 15 (e) The village may approve a phasing plan for a development that includes 16 multiple principal structures and provide expiration dates for each phase. 17 18 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 19 Ordinances for the Village of North Palm Beach, Florida. 20 21 Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinances is for any 22 reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding 23 shall not affect the remainder of the Ordinance. 24 25 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith 26 are hereby repealed to the extent of such conflict. 27 28 Section 6. This Ordinance shall be effective immediately upon adoption. 29 30 PLACED ON FIRST READING THIS 25th DAY OF APRIL, 2024. 31 32 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 33 2024. 34 35 36 (Village Seal) 37 MAYOR 38 39 ATTEST: 40 41 42 VILLAGE CLERK 43 44 APPROVED AS TO FORM AND 45 LEGAL SUFFICIENCY: 46 47 48 VILLAGE ATTORNEY 49 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: The Honorable Mayor and Members of the Village Council THRU: Chuck Huff, Village Manager FROM: Keith Davis, Fleet Manager DATE: May 9, 2024 SUBJECT: RESOLUTION – Approving the purchase of two (2) 2024 Chevrolet Silverado 1500 pickup trucks from Starke Motorcars LLC d/b/a Duval Chevrolet at a total cost of $87,138.43 pursuant to pricing established by State Term Contract Village Staff is recommending Village Council consideration and adoption of a Resolution approving the capital purchase of two (2) new 2024 Chevrolet Silverado 1500 pickup trucks for the Building Department. Background: The Building Department has been facing challenges in effectively serving the Village due to limited resources, particularly in transportation. To address this issue and better fulfill the Department’s duties to the residents, it is imperative that the Village allocate resources for the addition of two vehicles to the Department's fleet. These vehicles will significantly enhance the Department’s ability to respond promptly to inquiries, conduct inspections, and ensure the safety and compliance of structures. Purchasing: The vehicles will be purchased through Starke Motorcars LLC d/b/a Duval Chevrolet utilizing pricing established in a State Term Contract for Motor Vehicles (25100000-23-STC), at a total cost not to exceed $87,138.43. Funding: This is not a budgeted expense. A budget amendment will be prepared at year-end if necessary. Account Information: Fund Department / Division Account Number Account Description Amount General Fund Community Development / Building Department A6019-66410 Automotive $87,138.43 The attached Resolution has been prepared and/or reviewed by the Village Attorney for legal sufficiency. Recommendation: Village Staff recommends Council consideration and approval of the attached Resolution authorizing the purchase of two (2) Chevrolet Silverado 1500 pickup trucks from Starke Motorcars LLC d/b/a Duval Chevrolet utilizing pricing established in an existing State Term Contract at a total cost not to exceed $87,138.43, with funds expended from Account No. A6019- 66410 (Building Department - Automotive), in accordance with Village policies and procedures. RESOLUTION 2024- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING THE PURCHASE OF TWO CHEVROLET SILVERADO 1500 PICKUP TRUCKS FROM STARKE MOTORCARS LLC D/B/A DUVAL CHEVROLET PURSUANT TO PRICING ESTABLISHED IN AN EXISTING STATE TERM CONTRACT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Village Staff recommended the purchase of two (2) 2024 Chevrolet Silverado pickup trucks from Starke Motor Cars LLC d/b/a Duval Chevrolet pursuant to pricing establish in a State Term Contract for Motor Vehicles (Contract No. 25100000-23-STC); and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby approves the purchase of two (2) 2024 Chevrolet Silverado pickup trucks from Starke Motor Cars LLC d/b/a Duval Chevrolet pursuant to pricing establish in a State Term Contract for Motor Vehicles (Contract No. 25100000-23-STC). The total cost of the purchase shall not exceed $87,138.43, with funds expended from Account No. A6019- 66410 (Building Department – Automotive). The Village Council further authorizes the Village Manager to take all actions necessary to effectuate the purchase. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Title: Est. Delivery: Phone #'s: Primary:Secondary: Title: Phone #'s: Primary:Secondary: Title: Phone #'s: Primary:Secondary: UNSPSC Commodity Code*Line Number 25101507 Cost (per unit)Cost Plus %Total Customer Price $34,833.10 5.74% 36,832.52$ 36,832.52$ Manufacturer/Brand Cost (per unit)Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price CHEVROLET $0.00 -$ 1 -$ CHEVROLET $0.00 -$ 1 -$ CHEVROLET $347.60 367.55$ 1 367.55$ CHEVROLET $242.00 255.89$ 1 255.89$ CHEVROLET $198.00 209.37$ 1 209.37$ CHEVROLET $1,403.60 1,484.17$ 1 1,484.17$ CHEVROLET $871.20 921.21$ 1 921.21$ CHEVROLET $132.00 139.58$ 1 139.58$ CHEVROLET $325.60 344.29$ 1 344.29$ -$ -$ CHEVROLET $374.00 395.47$ 1 395.47$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4,117.52$ WT FLEET CONVENIENCE PACKAGE EZ LIFT POWER LOCK AND RELEASE TAILGATE JET BLACK INTERIOR AUTO-LOCKING REAR DIFFERENTIAL TRAILER BRAKE CONTROLLER 120V INSTRUMENT PANEL AND CARGO BED OUTLET 5.3L V8/10-SPD AUTO WT SAFETY PACKAGE OEM Option Description SUMMIT WHITE EXTERIOR Email Address: TOTAL COST: Motor Vehicle (per unit) COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. 2024 SILVERADO 1500 DBL 2WD Group 5 Motor Vehicle Description COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. KDAVIS@VILLAGE-NPB.ORG Secondary Contact for Customer (Optional) A Sub-Group Fax #: Brand Contact Person: Email Address: Fax #: MOTOR VEHICLE OEM OPTIONS CHEVROLET INFORMATION IN THIS SECTION MUST MATCH THE INFORMATION ON THE AWARDED COST SHEET. SILVERADO 1500 Model FLEET MANAGER Agency/Eligible User Name: KEITH DAVIS 561-691-3445 Contact Person: Email Address: Contractor's Purchase Order #: Original Quote Date: 904-381-6595 Revised Quote Date:4/19/2024 Fax #: Motor Vehicles (25100000-23-STC) Price Quote Form (PQF) (STATE AGENCIES MUST ALSO SUBMIT FORM MP6301) Updated 7/10/2023 Awarded Contractor Information STARKE MOTORCARS LLC 1018 N TEMPLE AVE JACKSONVILLE, FL, 32091 GOVERNMENT SALESContact Person:JARED DAVIS Contractor Name: Street Address: City, State, Zip: 5/30/2024 JARED.DAVIS@DUVALMOTOR.COM Requesting Customer Information VILLAGE OF NORTH PALM BEACH TOTAL COST: OEM Options (per Motor Vehicle) Cost Plus % (#.##%) 5.74% Non-standard accessories, components, equipment, features, parts, etc. that are attached to or provided with the vehicle when it is shipped from the Manufacturer: TRAILERING PACKAGE Manufacturer/Brand Cost (per unit)Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price DEALER $450.00 475.83$ 1 475.83$ DEALER $250.00 264.35$ 1 264.35$ DEALER $1,015.00 1,073.26$ 1 1,073.26$ DEALER $762.00 805.74$ 1 805.74$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,619.18$ Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price -$ -$ -$ -$ -$ -$ -$ -$ -$ 43,569.22$ 2 87,138.43$ Contractor Comments: Customer Comments: Total Vehicles Quoted (with the same OEM and Non-OEM Options) GRAND TOTAL Body Transfer and 3rd Party Body Installations Description *UNSPSC = United Nations Standard Products and Services Commodity Code. Refer to the Discount Sheet for the code(s) applicable to each Group and Sub-Group. Customer Order Total with Cost % Applied Where Applicable COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. TOTAL COST: Body Transfer and 3rd Party Body Installations (per Motor Vehicle) STOCK UNIT ON THE GROUND Non-OEM Option Description SPRAY-IN BEDLINER TINT ALL WINDOWS, INCL WINDSHIELD STRIP WHELEN MINI CENTURY LIGHTBAR WITH NO DRILL MOUNT (A/W) NON-OEM OPTIONS Manufacturer/Brand TOTAL COST: Non-OEM Options (per Motor Vehicle) BODY TRANSFER AND 3rd PARTY BODY INSTALLATIONS 4 CORNER LIGHTING (A/W DUO), (2) IN GRILLE; (2) ON REAR OF VEHICLE State Term Contract No. 25100000-23-STC For Motor Vehicles Page 1 of 2 This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida, and Starke Motorcars LLC dba Duval Chevrolet (Contractor), collectively referred to herein as the “Parties.” Accordingly, for the good and mutual consideration hereby acknowledged, the Parties agree as follows: I.Initial Contract Term. The Initial Contract Term shall be for two years. The Initial Contract Term shall begin on May 17, 2023. The Contract shall expire on May 16, 2025, unless terminated earlier in accordance with the Special Contract Conditions and Additional Special Contract Conditions. II.Renewal Term. Upon mutual written agreement, the Parties may renew this Contract for one year, in whole or in part, pursuant to the incorporated Special Contract Conditions. III.Contract. As used in this document, “Contract” (whether or not capitalized) shall, unless the context requires otherwise, include this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Contract must be in writing and signed by all Parties. All Exhibits listed below are incorporated in their entirety into, and form part of, this Contract. The Contract document and Exhibits shall have priority in the following order: DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 State Term Contract No. 25100000-23-STC For Motor Vehicles Page 2 of 2 a) This Contract document b) Exhibit A, Scope of Work c) Exhibit B, Cost Sheet (Group 1 – 7) d) Exhibit C, STC Additional Special Contract Conditions e) Exhibit D, Special Contract Conditions f) Exhibit E, Price Quote Form (PQF) g) Exhibit F, Acknowledgement of Order Form IV. Contract Management. Department’s Contract Manager: Christopher McMullen Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 922-9867 Email: Christopher.McMullen@dms.fl.gov Contractor’s Contract Manager: Jared Davis Starke Motorcars LLC dba Duval Chevrolet 405 Lane Ave N Jacksonville, FL 32254 Telephone: (904) 388-2144 Email: Jared.Davis@DuvalMotor.com This Contract is executed by the undersigned officials as duly authorized. This Contract is not valid and binding on all Parties until signed and dated by both Parties. Starke Motorcars LLC dba Duval Chevrolet STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES _____________________________ _______________________________ Jared Davis Secretary, Pedro Allende _____________________________ _______________________________ Date: Date: DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 5/10/2023 | 2:36 PM EDT 5/12/2023 | 9:29 AM EDT 25100000-23-STC Page 1 of 17 Motor Vehicles Exhibit A Scope of Work 1. Purpose To provide Customers with new and unused Motor Vehicles on a statewide basis, pursuant to the terms set forth in this Scope of Work. Contractors shall provide Motor Vehicles and applicable Options in accordance with the scope contained herein. All State Agencies shall comply with section 287.151, Florida Statutes, when purchasing under this Contract. The Motor Vehicles offered under the Contract shall be classified under the following Groups and Sub- Groups, which are listed and described as follows: • Group 1: Law Enforcement Vehicles o Sub-Group A: Police Pursuit Vehicles o Sub-Group B: Special Service Vehicles o Sub-Group C: Transport Vans o Sub-Group D: Non-Specialized Vehicles for Law Enforcement Use Only o Sub-Group E: Motorcycles • Group 2: Sedans and Hatchbacks o Sub-Group A: Sedans o Sub-Group B: Hatchbacks • Group 3: Minivans and Vans o Sub-Group A: Minivans o Sub-Group B: Vans o Sub-Group C: Cutaways/Chassis Cabs • Group 4: Sport Utility Vehicles o Sub-Group A: Crossover Sport Utility Vehicles o Sub-Group B: Traditional Sport Utility Vehicles • Group 5: Light Duty Trucks o Sub-Group A: Compact and Mid-Size Pickup Trucks o Sub-Group B: Full-Size Pickup Trucks • Group 6: Medium Duty Trucks o Sub-Group A: Pickup Trucks o Sub-Group B: Chassis Cabs • Group 7: Low Speed Vehicles 2. Definitions Definitions contained in section 287.012, Florida Statutes (F.S.); Rule 60A-1.001, Florida Administrative Code (F.A.C.); Attachment D, Special Contract Conditions; and the PUR 1001, General Instructions to Respondents (10/06), are incorporated by reference. In the event of a conflict, the definitions listed in this section supersede the incorporated definitions for the purposes of this Scope of Work. All definitions apply in both their singular and plural sense. Brand – A particular name under which a Motor Vehicle or Option is sold by a Manufacturer. Examples include, but are not limited to: Ford, GMC, Chevrolet, Nissan, Toyota, etc. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 2 of 17 Motor Vehicles Business Day – Monday through Friday, inclusive, except for those holidays specified in section 110.117, Florida Statutes, from 8:00 a.m. to 5:00 p.m. at the Customer’s location. Commodity – As defined in section 287.012, Florida Statutes. Commodity Code – The State’s numeric code for classifying Commodities and contractual services which meet specific requirements, specifications, terms, and conditions herein. Florida has adopted the United Nations Standard Products and Services Code (UNSPSC) for classifying Commodities and services. Confidential Information – Information that is trade secret or otherwise confidential or exempt from disclosure under Florida or federal law. Contract – The written agreement between the Department and the Contractor resulting from ITB No. 23-25100000-ITB. Contract Manager – The representative designated by the Department who will oversee all aspects of the Contract, monitor performance expectations, and serve as the primary point of contact for the Contractor. Contractor – A Vendor that enters into a Contract with the Department as a result of receiving an award from ITB No. 23-25100000-ITB. A Contractor can be a Manufacturer or Dealer. Cost – The actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. Cost Plus Percentage – The percentage the Contractor is allowed to charge above the Cost of the Model and applicable Options. Customer – A State agency or Eligible User. Dealer – A Manufacturer’s certified dealer who has been authorized by the Manufacturer to market, sell, provide, and service the Models or Options from the Manufacturer. Dealers may be Contractor-owned and -controlled, (in whole or in part) or independently owned and controlled. Department – The Department of Management Services, a State agency. Eligible User – As defined in Rule 60A-1.001, Florida Administrative Code. Free on Board (FOB) Destination – A shipping method as defined in section 672.319(1)(b), Florida Statutes. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 3 of 17 Motor Vehicles Group – A series of Models with applicable Commodity Codes, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub-Groups. Manufacturer – The original producer of a Motor Vehicle or Option, which may be sold under a Brand name. Examples include, but are not limited to: Ford Motor Company, General Motors (GM), Nissan Motor Corporation, Toyota Motor Corporation, etc. Manufacturer’s Last Order Date – The final date the Manufacturer stops accepting orders for a Model, either for a specific production year or overall (i.e., the discontinuation of a Model). Manufacturer’s Suggested Retail Price (MSRP) – The Manufacturer’s recommended retail selling price, list price, published price, or other usual and customary price that would be paid by the purchaser for specific Commodities or services without the benefit of the Contract. Model – A particular name used to identify a collection of Motor Vehicles that are sold under the same Brand name and are similar in style and appearance. Examples include, but are not limited to, Ford F-150, GMC Sierra, Chevrolet Suburban, Nissan Titan, Toyota Corolla, etc. Motor Vehicle – A specific vehicle that meets the definition of “Motor vehicle” contained in section 320.01(1), Florida Statutes, or a specific vehicle that meets the definition of “Low-speed vehicle” as contained in section 320.01(41), Florida Statutes. The term includes all Options that are attached to or provided with the vehicle when it is manufactured. The Cost Plus Percentage shown in Attachment C, Cost Sheet (Group 1 – 7), shall apply to the Cost for the Motor Vehicle, regardless of whether any Options were specifically requested by the Customer or are considered “standard” or “optional” for the trim level ordered by the Customer. Options – Options which meet the requirements, terms, and conditions herein, and may be installed to, uninstalled from, or provided with or separately from the Motor Vehicle by the Manufacturer or Dealer, as specified, ordered, legal, customary, reasonable, and prudent in the industry. Options include the following types: • Non-Original Equipment Manufacturer (OEM) Option – A new and unused Option intended for the Motor Vehicle that is produced by a party other than the OEM. May also be referred to as an aftermarket Option. • OEM Option - A new and unused Option intended for the Motor Vehicle that is produced by the OEM. State – The State of Florida. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 4 of 17 Motor Vehicles Sub-Group – A specific series of Models within a Group, which are described in this Scope of Work and Attachment C, Cost Sheet (Group 1 – 7). A Group may or may not include Sub- Groups. 3. Minimum Specifications and Standards The Contractor shall ensure all Motor Vehicles and Options offered under this Contract comply with the following: a. Designed, constructed, equipped, assembled, and installed to be fully suitable for their intended use, purpose, and service pursuant to this Scope of Work; b. New and unused (except as specified in the Transportation and Delivery section of this Scope of Work), for the Manufacturer’s latest Model year available, of current or recent production, and of the latest available design and construction; c. Include all features, equipment, and components installed by Manufacturer or Dealer according to the Manufacturer’s current procedures and requirements for the applicable Manufacturer’s Motor Vehicles; d. Free of damage, defect, and rust which may affect appearance, operability, functionality, or serviceability; e. Motor Vehicles and Options ordered by the Customer are fully compatible with each other; f. Comply with current legal, customary, reasonable, and professional standards of the Motor Vehicle and transportation equipment manufacturing industry; g. Comply with current mandatory and applicable federal and State of Florida Motor Vehicles standards and requirements including, but not limited to, all legal, safety, and environmental standards and requirements; and 4. Advertising and Marketing No Dealer’s advertising and identification (name, logos, etc.) is permitted on any Commodity offered under this Contract. The Manufacturer’s advertising and identification (name, Model, logos, etc.) is permitted on any Commodity provided under this Contract if such advertising and identification is a Manufacturer’s practice. The Contractor shall be responsible for removing, without damage, all impermissible or unacceptable advertising and identification. The Department and Customers reserve the right to, in their sole discretion, determine what advertising and identification is considered unacceptable under this Contract. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 5 of 17 Motor Vehicles 5. Luxury, Performance, or Sport Motor Vehicles or Options No luxury, performance, or sport Motor Vehicles or Options shall be permitted under this Contract. The Bureau of Fleet Management and the Contract Manager shall determine what is considered luxury, performance, or sport. All Options and equipment must be approved by the Bureau of Fleet Management in accordance with 60B-1 F.A.C. 6. Installation When installation is required, the Contractor shall be responsible for ensuring the installation of the Options in the required locations at no additional charge, as specified in the Charges and Fees section. Options shall be assembled and installed by the Manufacturer, Dealer, or at the port. All materials used in the installation shall be new and unused and shall be free of defects that would diminish the appearance or render it structurally or operationally unsound. Installation includes the furnishing of any materials required to install or replace the parts in the proper location. The Contractor shall protect the installation site from damage and shall repair any damages caused during installation. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. The Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on the installation 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. 6.1 Body Transfer and 3rd Party Body Installations In the event the Customer chooses to purchase or supply a cab and chassis, or cutaway van separately, the Contractor must comply with section 319.21, Florida Statutes, perform Manufacturer required pre-delivery inspection, and ensure all proper tag and title documents are present during the inspection and delivery pursuant to Florida license requirements. The Contractor shall inform the Customer, upon receipt of the order, of any additional charges for installation of aftermarket Options only. The Department reserves the right to reject an installation charge if, within the Department’s sole discretion, the proposed installation charge does not align with market prices. The Manufacturer must certify that it conforms to all Federal Motor Vehicle Safety Standards (FMVSS). The facilitation of a body transfer or 3rd party body installations must be included in the Motor Vehicle’s price; however, an additional cost may occur for installation by the Contractor or body upfitter. The installation cost may vary due to the body configuration; however, the installation price shall be included on the Price Quote Form (PQF) from the Contractor. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 6 of 17 Motor Vehicles 7. Warranty Repairs and Adjustments All warranty repairs and adjustments are covered throughout the Contract term at no additional cost to Customer(s) or the Department. The Manufacturer shall be responsible for warranty and recall services performed, regardless of whether the Contractor actually performed the service. Nothing in this section requires or allows the Contractor to require the Customer to return the Motor Vehicle to the Contractor for warranty repairs and adjustments. The Customer shall be able to return the Motor Vehicle to any location authorized by the Manufacturer to perform warranty repairs and adjustments at no additional cost to the Customer. 7.1 Extended Warranty This Contract does not include “extended warranty” service agreements. However, the Contractor may offer Customers “extended warranty” service agreements for the maintenance and repair of Commodities after the initial warranty expires, but not as a term of this Contract. The Contractor will list this additional service as a separate item on the invoice. 8. Federal and State Standards All requirements herein are in full and complete compliance with all federal and State of Florida laws, standards, and regulations applicable to the type and class of Commodities and contractual services being provided. This includes but is not limited to: Federal Motor Vehicle Safety Standards (“FMVSS”), Occupational Safety and Health Administration (“OSHA”), Environmental Protection Agency (“EPA”) Standards, and State of Florida laws, requirements, and regulations that apply to the type and class of Commodities and contractual services being provided. It is the intent of the Department that the Contractor(s) comply with all applicable federal and State of Florida regulations regarding the Commodities and contractual services’ safety and environmental requirements, including any legislation or regulations which become effective during the term of the Contract and shall become a part of the Contract. The Contractor(s) shall meet or exceed any such requirements of the laws and regulations applicable to the type and class of Commodities and contractual services provided. If a conflict exists, the Contractor, regardless of whether it is the Manufacturer or Dealer, shall contact the Department’s Contract Manager in writing no later than 24 hours after identification of the conflict. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 7 of 17 Motor Vehicles 9. Warranty The Manufacturer’s warranty shall cover all Commodities and contractual services offered under the Contract. The Manufacturer’s warranty is required to provide coverage against defective material, workmanship, and failure to perform. The Manufacturer’s warranty coverage shall be identical to or exceed those normally provided for the Commodities and contractual services specified herein that are sold to any Federal, state, or local governments. The Manufacturer’s warranty shall be in effect for a minimum term of one year from the Customer’s acceptance, as specified in the “Inspection and Acceptance” section. Should the Manufacturer’s warranty conflict with any requirements, terms, or conditions of the Contract, the Contract requirements, terms, and conditions shall prevail. Customers shall contact the Dealer or Manufacturer regarding the Manufacturer warranty terms and conditions. 10. Recalls In the event there is a recall of any of the Motor Vehicle or Options, the Contractor shall provide reasonable assistance to the Department in developing a recall strategy and shall cooperate with the Department and the Customers in monitoring the recall operation and in preparing such reports as may be required. Each Contractor shall immediately notify and provide copies to the Department of any communications, whether relating to recalls or otherwise, with any Customer. The Contractor shall ensure that defective Motor Vehicle and Options are rectified, replaced, and destroyed in compliance with all applicable laws, rules or regulations and the Department's reasonable instructions. All Contractor efforts related to recalls shall be at Contractor’s own expense. 11. Manufacturer’s Last Order Date and Production Schedule Changes The Contractor shall provide notification of a Manufacturer’s Last Order Date by email to the Department's Contract Manager no later than 30 calendar days prior to the effective date of the Manufacturer’s Last Order Date. When available, the Contractor shall immediately provide copies of the Manufacturer’s notice of the Manufacturer’s Last Order Date to the Department's Contract Manager. The Contractor shall notify the Customer and the Department’s Contract Manager in writing of any production schedule changes associated with the Customer’s order within one Business Day of receiving the order. 12. Model Additions, Replacements, and Deletions A new Model may be added to Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The Model did not exist at the time of the original procurement; • The Model is produced under a Brand for which the Contractor was awarded; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Model falls under a Sub-Group (or Group, for Groups that do not include Sub- Groups) for which the Contractor was awarded; and DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 8 of 17 Motor Vehicles • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor is less than or equal to the highest Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered for all Models in the same Sub-Group (or Group, for Groups that do not include Sub-Groups) for which the Contractor was awarded. An existing Model may be replaced by a newer Model in Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if all of the following conditions are met: • The new Model did not exist at the time of the original procurement; • The new Model is produced under the same Brand as the existing Model; • The Model meets or exceeds the Contract requirements, specifications, terms and conditions; • The Manufacturer’s intent is to replace the existing Model with the new Model; and • The Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage offered by the Contractor for the new Model is less than or equal to the Motor Vehicle, OEM Options, and Non-OEM Options Cost Plus Percentage for the existing Model being replaced. An existing Model may be deleted from Attachment C, Cost Sheet (Group 1 – 7) at the request of the Contractor if the Manufacturer discontinues production of the Model. The Department reserves the right to delete Models, from this Contract by removing them from Attachment C, Cost Sheet (Group 1 – 7). Models may be removed at the sole discretion of the Department. The Department reserves the exclusive right to approve or deny any addition, deletion, replacement, or other request under this section and to establish its effective date. Requests will be reviewed separately and accepted or rejected on an individual basis. 13. Price Quote Form (PQF) Customers shall request a PQF from all Contractors awarded for a specific Model. If the Model is available from the Contractor, the Contractor shall provide Customers a completed PQF for Motor Vehicles and Options purchased under this Contract and all charges, including labor and installation, shall be itemized separately. The maximum pricing permitted shall not exceed the sum of the Cost and applied Cost Plus Percentage for the awarded Model and Options. The Customer and Contractor may negotiate a lower price. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 9 of 17 Motor Vehicles Upon Customer request, the completed PQF shall be provided by the Contractor and returned to the Customer within two Business Days. The Contractor will provide the price available at the time of the PQF using the latest information available from the manufacturer at the time and considering Options or other additions to meet the Model and Options requested. The Contractor is responsible for communicating any potential price changes during the manufacturing process, and then give the Customer the option to accept the changes or cancel the purchase order. The Contractor shall be responsible for removing all non-eligible and unacceptable charges and fees under the Contract from the PQF. At the time of quote, the PQF must be accompanied by documentation showing Cost and the added Cost Plus Percentage for the Customer. Upon delivery, the Contractor must provide documentation showing Cost and the added Cost Plus Percentage for the Customer. At a minimum, the Contractor shall provide documentation reflecting the actual price the Contractor paid for the Model and applicable Options from the Manufacturer including any delivery fees. Any price changes that occur during the manufacturing, ordering, or delivery process must be approved by the Customer. 14. Department Approval (State Agency Only) After receiving a completed PQF, the Customer will develop a justification to support price reasonableness and complete the MP6301, Request for Acquisition of Motor Vehicle(s) and Mobile Equipment Form, which is available at: https://www.dms.myflorida.com/business_operations/fleet_management_and_federal_property_ assistance/fleet_management/purchase_of_mobile_equipment 15. Acknowledgment of Order Form The Contractor shall email Customers with a completed Attachment I, Acknowledgment of Order Form, within five Business Days of receiving the Customer’s order. The Contractor must use the Acknowledgment of Order Form and shall not make any alterations. Failure by the Contractor to provide the Customer the Acknowledgment of Order Form within five Business Days from the date the Contractor received the Customer’s order will be considered acceptance of the order by default, which, if necessary, shall require the provision of the Motor Vehicle(s) and Options which meets the requirements, terms, and conditions herein and shall not be higher than the Cost Plus Percentage provided in Attachment C, Cost Sheet (Group 1 – 7). If the awarded Motor Vehicle(s) and Options are not available or cannot be delivered within the contractually required timeframe, the Contractor must provide a comparable Motor Vehicle(s) and Options of equal or better value which meets or exceeds the requirements, terms, and conditions herein. The Contractor’s proposed substitution is subject to prior approval by the Customer and the Department. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 10 of 17 Motor Vehicles 16. Acceptance of Order The Contractor shall deliver the awarded Motor Vehicle(s) and Options listed on the Customer’s order in accordance with the prices, Cost Plus Percentages, requirements, terms, and conditions of the Contract and the Customer’s order. 17. Transportation and Delivery The final price to the Customer shall include all charges for packing, handling, freight, distribution, and delivery. Transportation and Delivery of Motor Vehicles and Options shall be Free on Board (FOB) Destination to any location statewide as follows: 1. Motor Vehicles and Options not in stock or unavailable from a Manufacturer at the time of order must be delivered within 180 calendar days, and only based on industry delays, not to exceed 365 calendar days, after receipt of order, unless otherwise agreed to by the Customer. For any delivery not made within the 180 calendar day timeframe, due to industry delays, the Department’s Contract Manager must be notified immediately by the Contractor and given a copy of the Customer’s order. The Contractor must provide the Department’s Contract Manager any requested information and a timeframe for completion of the order. 2. Motor Vehicles and Options in stock must be delivered within 14 calendar days after receipt of the Customer’s order unless an Option requires a post- Manufacturer or Dealer installation. These Options shall be delivered within 30 calendar days after receipt of the order. Delivery of Motor Vehicles and Options is defined as the receipt by the Customer and delivered to the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. The Contractor shall provide Customers a minimum of 24 hours’ written notice prior to delivery. Deliveries will be received only between 8:00 a.m. and 3:00 p.m. on Business Days and on the Customer’s local time unless previously arranged and approved by the Customer in writing. Deliveries of Motor Vehicles and Options can be made by either private or common carrier transport; or where delivery may be accomplished by driving the self-propelled vehicle with less than 250 odometer miles at delivery, the self-propelled vehicle may, with the Customer’s prior approval, be driven to the delivery location. The Contractor must make every effort to minimize the number of odometer miles at delivery. At the Customer’s option, vehicles with more than 250 odometer miles at delivery may be rejected, or $0.50 per mile in excess of 250 odometer miles may be deducted from the invoice and payment owed to Contractor. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 11 of 17 Motor Vehicles The Contractor must comply with the Manufacturer’s break-in requirements and all applicable traffic and safety laws. All Motor Vehicles delivered by the Contractor to the Customer shall contain no less than ¼ tank of fuel as indicated by the fuel gauge at the time of delivery and receipt by the Customer. The Contractor will perform a Manufacturer’s Pre-Delivery Inspection (PDI) and is responsible for delivering Motor Vehicles and Options that are properly serviced, clean, and in first class operating condition. Pre-Delivery service, at a minimum, shall include the following: 1. Complete lubrication of operating chassis, engine, and mechanisms with Manufacturer’s recommended grades of lubricants; 2. Check and fill all fluid levels to ensure proper fill; 3. Adjust engine(s), motor(s), and drive(s) to proper operating condition; 4. Inflate tires (including any spares) to proper pressures; 5. Check to ensure proper operation of all gauges, lights, and mechanical and hydraulic features; 6. Clean equipment, if necessary, and remove all unnecessary tags, stickers, papers, etc.; and 7. Ensure that the Motor Vehicle is completely assembled, unless otherwise noted by the Customer, and thoroughly tested and ready for operation upon Delivery. All Motor Vehicles shall be delivered with the following, completed documents: 1. Manufacturer’s PDI form; 2. A copy of the Customer’s order; 3. Contractor’s Attachment C, Cost Sheet (Group 1 – 7); 4. Manufacturer’s invoice(s) for each delivered Commodity, including individual Motor Vehicle, and Options, in the shipment; 5. Proof of Manufacturer’s MSRP (commonly known as the window sticker) if applicable, which shall not be adhered to the Vehicle and instead provided with the documents listed herein; 6. Manufacturer’s certificate of origin, if applicable; 7. Manufacturer’s operator manual 8. Manufacturer’s warranty certifications; 9. Sales Tax Exemption Form, if applicable; 10. Temporary tag and 20-day extension tag, if applicable; and 11. DHSMV 82040, Application for Certificate of Title and vehicle registration, if applicable. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 12 of 17 Motor Vehicles Deliveries that do not include all above applicable forms and publications, or that have forms that have been altered, or are not properly completed, may be refused. Repeated failures by the Contractor to include the above properly completed documentation or that have submitted altered forms to the Customer may be cause for default proceedings and Contract termination. 18. Inspection and Acceptance Section 6.4, Inspection and Acceptance of Commodities, of Exhibit D, Special Contract Conditions, is supplemented by adding the following: The Customer should inspect the Motor Vehicle and Options for any physical damage. The Contractor is obligated to correct any Customer identified errors or damage at no cost to the Customer. Inspection and acceptance shall occur at the location of the Customer’s place of business or designated location, or if the Customer chooses, at the Contractor’s place of business. Title and risk of loss or damage to all Motor Vehicles and Options shall be the responsibility of the Contractor until inspection and acceptance by the Customer. If a Motor Vehicle or Option requires service or adjustments, as required by the Customer, the Contractor shall either correct the issue or be responsible for reimbursing the Manufacturer’s local service Dealer or others selected by the Customer to remedy the defect. The Contractor shall initiate such required service or adjustments within two Business Days following notification by the Customer. The Commodity shall not be accepted until all service or adjustments are satisfactory, and the Commodity is re-delivered in acceptable condition. All costs of transportation and delivery incurred for initial delivery and any re-deliveries due to non- Customer error or damage are the responsibility of the Contractor. The Customer shall notify the Department of any Contract deviation that it cannot resolve with the Contractor. The Department and Customer shall develop a corrective action plan related to the Contract deviation, which may include the Customer’s permanent refusal to accept the Motor Vehicle or Option, in which case the Commodity shall remain the property of the Contractor, and the Customer and the State shall not be liable for payment for any portion thereof. 19. Commodities Title and Registration The Contractor shall title and register Motor Vehicles delivered under the Contract for the Customer in accordance with Florida Law, including Chapters 319 and 320, F.S. The Contractor shall provide any necessary form(s) that must be signed by the Customer at the time of delivery, and the Contractor shall obtain any necessary signature(s) and complete the titling and registration process for the Customer within the timeframe agreed to by the Customer and the Contractor. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 13 of 17 Motor Vehicles In the event the Customer is permitted by law to obtain title and registration for the Motor Vehicle independent of the Contractor and chooses to obtain title and registration independent of the Contractor, the Customer shall notify the Contractor in writing of this decision no later than three Business Days following receipt of the Acknowledgment of Order Form. However, the Customer shall then be obligated to title and register the Motor Vehicle and the Contractor shall provide the Customer any documents necessary for the Customer to do so at the time of delivery. The Contractor may obtain special plates such as “State”, “County”, or “City” from most county tax offices, but agency plates such as “DOT”, “DC”, “DNR”, etc. shall be obtained from the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, in Tallahassee, Florida. Customers may elect to transfer an existing license plate, or may choose to obtain a new license plate, for which additional fees may apply. • The Contractor is not required to obtain new license plates for the Customer unless there is a notation, and a new license plate fee is included on the Customer’s order. The Customer’s order notation for a new license plate shall include the request for a new license plate, what type of license plate is required, and a Customer point of contact including the person’s name, title, and telephone number should there be any questions. 20. Charges and Fees All pricing under this Contract shall include the following in the Cost Plus Percentage: 1. Administrative; 2. Environmental; 3. *Tax, Tag, and Title; 4. *License Plate Transfer; 5. Preparation; 6. Handling; 7. Freight; 8. Distribution; 9. Shipping; 10. Delivery to any point within the State of Florida; 11. Warranty; 12. Tire and Battery Fee; 13. Any other charges or fees necessary to deliver the Motor Vehicle or Options according to the requirements, specifications, terms, and conditions, exclusive of taxes; and 14. Installation (except as specified in the Body Transfer and 3rd Party Body Installations section of the SOW) DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 14 of 17 Motor Vehicles *Customers have the right to process their own Tax, Tag, and Title and License Plate Transfer. If this occurs, the Contractor shall credit the Customer for any applicable title fees. Charges and fees in excess of those that existed on the date the Contract was entered into may be extended to Customers only if the amount of the increase is attributable to changes in market conditions. The amount of the charge or fee extended to Customers shall not exceed the difference between the amount of the charge or fee at the time of the request for Departmental approval and the amount of the charge or fee that existed at the inception of the Contract. Prior to extending any such charge or fee to Customers, the Contractor must request the Department’s approval by submitting to the Contract Manager documentation and justification for extending the amount of the charge or fee to Customers; the Contractor must explain the changes in market conditions that resulted in the charge or fee, identify the entity that determines and will receive the charge or fee (e.g. Manufacturer), and provide the methodology used to determine the amount of the charge or fee extended to Customers. The Department reserves the exclusive right to approve or deny the increase of any charge or fee request. Any charge or fee request will be reviewed separately and accepted or rejected on an individual basis. After obtaining written approval from the Department to extend a charge or fee to Customers, the approved amount of the charge or fee must be listed separately on the PQF; the Contractor shall provide documentation of the Department’s approval with each PQF that includes the charge or fee. 21. Contract Reporting The Contractor shall report information on orders received from Customers associated with this Contract. The Contractor shall submit reports in accordance with the following schedule: Report Period Covered Due Date MFMP Transaction Fee Report Calendar month 15 calendar days after the end of each month Quarterly Sales Report State’s Fiscal Quarter 30 calendar days after close of the period Diversity Report (submitted to the Customer) State Fiscal Year 30 Business Days after close of the period DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 15 of 17 Motor Vehicles 22. MFMP Transaction Fee Report The Contractor is required to submit monthly MFMP Transaction Fee Reports in the Department’s electronic format. Reports are due 15 calendar days after the end of the reporting period. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and vendor training presentations available online at the Transaction Fee & Reporting section and Training for Vendors section on the MFMP website. Assistance with Transaction Fee Reporting is also available from the MFMP Customer Service Desk by email at: VendorHelp@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. 23. Quarterly Sales Reports The Contractor shall submit a Quarterly Sales Report in the manner and format required by the Department within thirty (30) calendar days after the close of each quarter. The Quarterly Sales Report template can be found here: https://www.dms.myflorida.com/business_operations/state_purchasing/vendor_resources/quart erly_sales_report_format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website are the responsibility of the Contractor without prompting or notification by the Department. If no sales are recorded during the period, the Contractor shall confirm that there was no reportable activity in the manner required by the Department. Sales will be reviewed on a quarterly basis. If no sales are recorded in two consecutive quarters, the Contractor may be placed on probationary status, or the Department may terminate the Contract. Failure to provide the Quarterly Sales Report, or other reports requested by the Department, will result in the imposition of financial consequences and may result in the Contractor being found in default and the termination of the Contract. Quarter 1 – (July-September) – due 30 calendar days after the close of the period. Quarter 2 – (October-December) – due 30 calendar days after the close of the period. Quarter 3 – (January-March) – due 30 calendar days after the close of the period. Quarter 4 – (April-June) – due 30 calendar days after the close of the period. 24. Diversity Report The Contractor shall report to each Customer, spend with certified and other minority business enterprises. These reports shall include the period covered, the name, minority code and Federal Employer Identification Number of each minority business utilized during the period, Commodities provided by the minority business enterprise, and the amount paid to each minority business on behalf of each purchasing agency ordering under the terms of this Contract. 25. Ad Hoc Reports The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the form acceptable to the Department within the timeframe specified by the Department. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 16 of 17 Motor Vehicles 26. Business Review Meetings Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance 27. Financial Consequences Financial Consequences will be assessed for failure to timely perform or submit a report as required by the Contract and shall be paid via check or money order in US Dollars and made out to the Department of Management Services or the specific Customer, where applicable. Financial Consequences will be assessed daily or per occurrence for each individual failure until the performance or submittal is accomplished to the Department’s or Customer’s satisfaction, unless stated otherwise. Customer’s reserve the right to revise or add additional financial consequences for each order. For the submissions of reports, financial consequences will apply to each target period beginning with the first full month or quarter of the Contract’s performance and each month and quarter thereafter. Deliverable Performance Metric Performance Due Date Financial Consequence for Non-Performance Contractor will timely submit completed Quarterly Sales Reports to the Department All Quarterly Sales Reports will be submitted timely with the required information Reports are due on or before the 30th calendar day after the close of each State fiscal quarter $250 per Calendar Day late/not received Contractor will timely submit completed MFMP Transaction Fee Reports to the Department All MFMP Transaction Fee Reports will be submitted timely with the required information Reports are due on or before the 15th calendar day after the close of each month $250 per Calendar Day late/not received Contractor will timely provide accurate Price Quote Forms to Customers All Price Quote Forms will be timely provided to Customers with accurate information PQFs are due within two Business Days following the Customer’s request $250 per occurrence of an inaccurate or untimely Price Quote Form DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 25100000-23-STC Page 17 of 17 Motor Vehicles Contractor will deliver Motor Vehicles with no less than a ¼ tank of fuel upon delivery to Customers Contractor shall adhere to delivery requirements pursuant to the Transportation and Delivery section in the SOW Upon each Motor Vehicle delivery to Customers $50 per occurrence of a Motor Vehicle delivery with less than a ¼ tank of fuel upon delivery to Customers Ad hoc report(s) Provide ad hoc reports as requested Within the timeframe agreed to by the Department and the Contractor or Customer and Contractor $250 per occurrence No favorable action will be considered for any Contractor who has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees / monies that are required under this Contract. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 1 Exhibit C ADDITIONAL SPECIAL CONTRACT CONDITIONS A. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.2.2 Preferred Pricing. Left intentionally blank. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor’s failure to perform or comply with specifications or requirements of the agreement. 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 submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 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. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. 5.4 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. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. 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. 8.1.2 Statutory Notice. 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 CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECORDS@DMS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. 13.2 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 in accordance 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 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 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 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. B. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency 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 or state agency 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 or a state agency within 10 Business Days after the request is made. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 1  SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION. .......................................................................................................................... 2  SECTION 2. CONTRACT TERM AND TERMINATION. ................................................................................ 2  SECTION 3. PAYMENT AND FEES. ............................................................................................................ 3  SECTION 4. CONTRACT MANAGEMENT. ................................................................................................. 4  SECTION 5. COMPLIANCE WITH LAWS. ................................................................................................... 6  SECTION 6. MISCELLANEOUS. ................................................................................................................. 7  SECTION 7. LIABILITY AND INSURANCE…………………………………………………………………………………………….. 9   SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL  PROPERTY. ............................................................................................................................................. 10  SECTION 9. DATA SECURITY. ................................................................................................................. 12  SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. ......................................................... 13  SECTION 11. CONTRACT MONITORING. ............................................................................................... 14  SECTION 12. CONTRACT AUDITS. .......................................................................................................... 15  SECTION 13. BACKGROUND SCREENING AND SECURITY. ..................................................................... 16  SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. ................................................... 17  In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. Exhibit D DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 2  SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 3  SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor’s pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor’s authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor’s Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 4  3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida’s performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department’s Contract Manager. The Department’s Contract Manager, who is primarily responsible for the Department’s oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department’s Contract Manager Name DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 5  Department’s Name Department’s Physical Address Department’s Telephone # Department’s Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor’s Contract Manager. The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor’s Contract Manager Name Contractor’s Name Contractor’s Physical Address Contractor’s Telephone # Contractor’s Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 6  AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at https://www.respectofflorida.org. 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at https://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. The provisions of subparagraphs 287.058(1)(a)-(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 7  Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State’s Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 8  Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier’s bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier’s bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 9  6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers’ Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.   7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 10  All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security.   7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney’s fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor’s employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 11  The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(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 CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 12  responsible for responding to and resolving all claims for access to Contract-related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State’s Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 13  The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor’s action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. “Security breach” for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post-incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor’s findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer’s or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications. 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor’s promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer’s Contract Manager and securing the Customer’s prior written consent. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 14  SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay. 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department’s delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 15  The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor’s reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor’s and subcontractors’ data and records that directly relate to the Contract. To the extent necessary to verify the Contractor’s fees and claims for payment under the Contract, the Contractor’s agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days’ notice, during normal working hours and in accordance with the Contractor’s facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor’s contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida’s Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 16  12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor’s general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida’s Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor’s employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re-screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E-Verify. The Contractor must use the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E- Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court’s determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 SP approved version 7‐1‐2019 17  (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Blazer EV Police Pursuit Vehicle (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 2 Silverado Police Pursuit Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 3 Tahoe Police Pursuit Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 4 Charger Pursuit 2.80%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 5 Durango Pursuit 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. Ford 6 F-150 Police Responder 2.86%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview Ford 7 Police Interceptor Utility 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.02%Tropical Ford, Inc Ford 8 Police Interceptor Utility (Hybrid)2.91%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 9 Bolt EUV Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 10 Bolt EV Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 11 Silverado Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 12 Tahoe Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 13 Traverse Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 14 Durango Special Service 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach 15 Expedition Special Service Vehicle 2.75%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 16 F-150 Special Service Vehicle 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.10%Tropical Ford, Inc 17 F-150 Special Service Vehicle (Hybrid)2.99%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 18 F-150 Lightning Pro Special Service Vehicle (Electric)2.56%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.17%Bozard Ford Co. Ram 19 1500 Classic Special Service 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach Chevrolet 20 Express Transport Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 21 E-Transit Prisoner Transit Vehicle (Electric)3.00%Alan Jay Automotive Management, Inc.3.00%Tropical Ford, Inc 5.00%Step One Automotive dba Ford Crestview 22 Transit Prisoner Transport Vehicle 2.82%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview Chevrolet 23 Camaro 1LS, 1LT, LT1, and 1SS Coupes 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 24 Challenger SXT, GT, and R/T 3.00%Alan Jay Automotive Management, Inc. Ford 25 Mustang GT Fastback and EcoBoost Fastback 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba Ford Crestview 3.79%Tropical Ford, Inc 26 CE 04-P (Electric) 27 F 750 GS-P 28 F 850 GS-P 29 R 1250 RT-P 30 Police Electra Glide 31 Police Iron 883 32 Police Road King Honda 33 ST1300PA Police Motorcycle Kawasaki 34 Concours14 Yamaha 35 FJR1300P MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 1: Law Enforcement Vehicles Commodity Codes: 25101702 (POLICE VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE), 25101801 (MOTORCYCLES) Sub-Group Brand Line Number Model * Availability is limited to the trims and configurations specifically listed for each Model. Sub-Group C: Transport Vans Ford Sub-Group D: Non- Specialized Vehicles for Law Enforcement Use* Sub-Group E: Motorcycles BMW Harley-Davidson Sub-Group A: Police Pursuit Vehicles Chevrolet Dodge Sub-Group B: Special Service Vehicles Chevrolet Ford Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor Chevrolet 1 Malibu 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 2 Charger 3.00%Alan Jay Automotive Management, Inc. 3 Accord 4 Accord (Hybrid) 5 Civic Sedan 6 Civic Si Sedan 7 Insight (Hybrid) 8 Accent 9 Elantra 6.00%Step One Automotive dba Hyundai Brunswick 10 Elantra (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 11 Sonata 6.00%Step One Automotive dba Hyundai Brunswick 12 Sonata (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 13 Forte 3.00%Alan Jay Automotive Management, Inc. 14 K5 3.00%Alan Jay Automotive Management, Inc. 15 Rio 3.00%Alan Jay Automotive Management, Inc. 16 Stinger 3.00%Alan Jay Automotive Management, Inc. Mazda 17 Mazda3 Sedan Mitsubishi 18 Mirage G4 19 Altima 3.00%Alan Jay Automotive Management, Inc. 20 Maxima 3.00%Alan Jay Automotive Management, Inc. 21 Sentra 3.00%Alan Jay Automotive Management, Inc. 22 Versa 3.00%Alan Jay Automotive Management, Inc. Subaru 23 Legacy 24 Avalon 3.00%Alan Jay Automotive Management, Inc. 25 Avalon (Hybrid)3.00%Alan Jay Automotive Management, Inc. 26 Camry 3.00%Alan Jay Automotive Management, Inc. 27 Camry (Hybrid)3.00%Alan Jay Automotive Management, Inc. 28 Corolla 3.00%Alan Jay Automotive Management, Inc. 29 Corolla (Hybrid)3.00%Alan Jay Automotive Management, Inc. 30 Crown 3.00%Alan Jay Automotive Management, Inc. 31 Arteon 32 Jetta Chevrolet 33 Bolt EV (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Honda 34 Civic Hatchback Kia 35 Rio 5-Door 3.00%Alan Jay Automotive Management, Inc. Mazda 36 Mazda3 Hatchback Mitsubishi 37 Mirage Nissan 38 LEAF (Electric)3.00%Alan Jay Automotive Management, Inc. Subaru 39 Impreza 40 Corolla Hatchback 3.00%Alan Jay Automotive Management, Inc. 41 Prius (Hybrid)3.00%Alan Jay Automotive Management, Inc. 42 Prius Prime (Plug-In 3.00%Alan Jay Automotive Management, Inc. Volkswagen 43 Golf Sub-Group B: Hatchbacks Toyota Sub-Group A: Sedans Honda Hyundai Kia Nissan Toyota Volkswagen MOTOR VEHICLES (25100000-23-STC) Exhibit: Cost Sheet - Group 2: Sedans and Hatchbacks Sub-Group Brand Line Number Model Commodity Codes: 25101503 (AUTOMOBILES OR CARS), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Pacifica 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 2 Pacifica (Hybrid)3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba CDJR Ft Walton Beach 3 Transit Connect Cargo Van 3.00%Alan Jay Automotive Management, Inc.3.53%Tropical Ford, Inc 5.74%Duval Ford LLC 4 Transit Connect Passenger Wagon 3.00%Alan Jay Automotive Management, Inc.3.50%Tropical Ford, Inc 5.74%Duval Ford LLC Honda 5 Odyssey Kia 6 Carnival 7 Metris Cargo Van 8 Metris Passenger Van Toyota 9 Sienna (Hybrid)3.00%Alan Jay Automotive Management, Inc. Volkswagen 10 ID.Buzz (Electric) 11 Express Cargo Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 12 Express Passenger Van 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 13 E-Transit Cargo Van (Electric)2.69%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba Ford Crestview 14 Transit Cargo Van 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.09%Tropical Ford, Inc 15 Transit Crew Van 2.99%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 16 Transit Passenger Van 2.82%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 17 Savana Cargo Van 3.00%Alan Jay Automotive Management, Inc. 18 Savana Passenger Van 3.00%Alan Jay Automotive Management, Inc. 19 eSprinter Van (Electric) 20 Sprinter Cargo Van 21 Sprinter Crew Van 22 Sprinter Passenger Van 23 ProMaster Cargo Van 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 24 ProMaster City Cargo Van 3.00%Alan Jay Automotive Management, Inc. 25 ProMaster City Wagon 3.00%Alan Jay Automotive Management, Inc. 26 ProMaster EV (Electric)3.00%Alan Jay Automotive Management, Inc. 27 ProMaster Window Van 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach Chevrolet 28 Express Cutaway 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 29 E-Transit Cutaway (Electric)2.84%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview 30 Transit Cutaway 3.00%Alan Jay Automotive Management, Inc.3.24%Tropical Ford, Inc 4.00%Step One Automotive dba Ford Crestview GMC 31 Savana Cutaway 3.00%Alan Jay Automotive Management, Inc. Mercedes-Benz 32 Cab Chassis 33 ProMaster Chassis Cab 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 34 ProMaster Cutaway 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 3: Minivans and Vans Commodity Code: 25101505 (MINIVANS OR VANS) Sub-Group Brand Line Number Model Ram Ford Chrysler Ford Chevrolet Ford Sub-Group C: Cutaways/ Chassis Cabs Sub-Group B: Vans Ram GMC Mercedes-Benz Sub-Group A: Minivans Mercedes-Benz Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Enclave 3.00%Alan Jay Automotive Management, Inc. 2 Encore 3.00%Alan Jay Automotive Management, Inc. 3 Encore GX 3.00%Alan Jay Automotive Management, Inc. 4 Envision 3.00%Alan Jay Automotive Management, Inc. 5 Blazer 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 6 Bolt EUV 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 7 Equinox 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 8 Trailblazer 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 9 Traverse 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 10 Bronco Sport 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.97%Tropical Ford, Inc 11 Edge 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview 3.36%Tropical Ford, Inc 12 Escape 2.80%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.4.15%Tropical Ford, Inc 13 Explorer 2.70%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.44%Tropical Ford, Inc 14 Mustang Mach-E 2.78%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba Ford Crestview 15 Acadia 3.00%Alan Jay Automotive Management, Inc. 16 Terrain 3.00%Alan Jay Automotive Management, Inc. 17 CR-V (Hybrid) 18 HR-V 19 Passport 20 Pilot 21 CR-V 22 Kona 6.00%Step One Automotive dba Hyundai Brunswick 23 Kona Electric 6.00%Step One Automotive dba Hyundai Brunswick 24 Palisade 6.00%Step One Automotive dba Hyundai Brunswick 25 Santa Fe 6.00%Step One Automotive dba Hyundai Brunswick 26 Santa Fe (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 27 Santa Fe (Plug-In 6.00%Step One Automotive dba Hyundai Brunswick 28 Tucson 6.00%Step One Automotive dba Hyundai Brunswick 29 Tucson (Hybrid)6.00%Step One Automotive dba Hyundai Brunswick 30 Tucson (Plug-In 6.00%Step One Automotive dba Hyundai Brunswick 31 Venue 6.00%Step One Automotive dba Hyundai Brunswick 32 Cherokee 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 33 Compass 3.00%Alan Jay Automotive Management, Inc.4.00%Step One Automotive dba CDJR Ft Walton Beach 34 Renegade 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach 35 Niro 3.00%Alan Jay Automotive Management, Inc. 36 Seltos 3.00%Alan Jay Automotive Management, Inc. 37 Sorento 3.00%Alan Jay Automotive Management, Inc. 38 Soul 3.00%Alan Jay Automotive Management, Inc. 39 Sportage 3.00%Alan Jay Automotive Management, Inc. 40 Telluride 3.00%Alan Jay Automotive Management, Inc. 41 CX-30 42 CX-5 43 CX-50 44 CX-9 45 Eclipse Cross 46 Outlander 47 Outlander PHEV (Plug- 48 Outlander Sport 49 ARIYA 3.00%Alan Jay Automotive Management, Inc. 50 Kicks 3.00%Alan Jay Automotive Management, Inc. 51 Murano 3.00%Alan Jay Automotive Management, Inc. 52 Pathfinder 3.00%Alan Jay Automotive Management, Inc. 53 Rogue 3.00%Alan Jay Automotive Management, Inc. 54 Rogue Sport 3.00%Alan Jay Automotive Management, Inc. 55 Ascent 56 Crosstrek 57 Forester 58 Outback 59 Solterra (Electric) MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 4: Sport Utility Vehicles Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model Sub-Group A: Crossover Sport Utility Vehicles Buick Chevrolet Ford GMC Honda Hyundai Jeep Kia Mazda Mitsubishi Nissan Subaru Page 1 of 2 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 4: Sport Utility Vehicles Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model 60 bZ4X (Electric)3.00%Alan Jay Automotive Management, Inc. 61 C-HR 3.00%Alan Jay Automotive Management, Inc. 62 Corolla Cross 3.00%Alan Jay Automotive Management, Inc. 63 Corolla Cross (Hybrid)3.00%Alan Jay Automotive Management, Inc. 64 Highlander 3.00%Alan Jay Automotive Management, Inc. 65 Highlander (Hybrid)3.00%Alan Jay Automotive Management, Inc. 66 RAV4 3.00%Alan Jay Automotive Management, Inc. 67 RAV4 (Hybrid)3.00%Alan Jay Automotive Management, Inc. 68 Venza (Hybrid)3.00%Alan Jay Automotive Management, Inc. 69 ID.4 (Electric) 70 Atlas 71 Atlas Cross Sport 72 Tiguan 73 Taos 74 Suburban 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 75 Tahoe 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC Dodge 76 Durango 3.00%Alan Jay Automotive Management, Inc.3.20%Step One Automotive dba CDJR Ft Walton Beach 77 Bronco 3.00%Alan Jay Automotive Management, Inc.3.00%Tropical Ford, Inc 4.00%Step One Automotive dba Ford Crestview 78 Expedition 2.68%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 79 Yukon 3.00%Alan Jay Automotive Management, Inc. 80 Yukon XL 3.00%Alan Jay Automotive Management, Inc. 81 Grand Cherokee 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 82 Grand Cherokee 4xe 3.00%Alan Jay Automotive Management, Inc.5.90%Step One Automotive dba CDJR Ft Walton Beach 83 Wagoneer 3.00%Alan Jay Automotive Management, Inc.5.50%Step One Automotive dba CDJR Ft Walton Beach 84 Wrangler 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba CDJR Ft Walton Beach 85 Wrangler 4xe (Plug-In 3.00%Alan Jay Automotive Management, Inc.5.00%Step One Automotive dba CDJR Ft Walton Beach Nissan 86 Armada 3.00%Alan Jay Automotive Management, Inc. 87 4Runner 3.00%Alan Jay Automotive Management, Inc. 88 Sequoia (Hybrid)3.00%Alan Jay Automotive Management, Inc. Sub-Group A: Crossover Sport Utility Vehicles Toyota Volkswagen Sub-Group B: Traditional Sport Utility Vehicles Chevrolet Ford GMC Jeep Toyota Page 2 of 2 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor Chevrolet 1 Colorado 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 2 Maverick 3.00%Alan Jay Automotive Management, Inc.3.20%Step One Automotive dba Ford Crestview 4.80%Tropical Ford, Inc 3 Maverick (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba Ford Crestview 4.80%Tropical Ford, Inc 4 Ranger 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.4.22%Tropical Ford, Inc GMC 5 Canyon 3.00%Alan Jay Automotive Management, Inc. Honda 6 Ridgeline Hyundai 7 Santa Cruz Jeep 8 Gladiator 3.00%Alan Jay Automotive Management, Inc. Nissan 9 Frontier 3.00%Alan Jay Automotive Management, Inc. Toyota 10 Tacoma 3.00%Alan Jay Automotive Management, Inc. 11 Silverado 1500 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 12 Silverado 2500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 13 Silverado EV (Electric)3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 14 F-150 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc.3.65%Tropical Ford, Inc 15 F-150 (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.01%Tropical Ford, Inc 3.10%Step One Automotive dba Ford Crestview 16 F-150 Lightning 2.56%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.5.17%Bozard Ford Co. 17 Super Duty F-250 2.81%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 18 Sierra 1500 3.00%Alan Jay Automotive Management, Inc. 19 Sierra 2500 HD 3.00%Alan Jay Automotive Management, Inc. 20 Titan 3.00%Alan Jay Automotive Management, Inc. 21 Titan XD 3.00%Alan Jay Automotive Management, Inc. 22 Ram 1500 3.00%Alan Jay Automotive Management, Inc.3.10%Step One Automotive dba CDJR Ft Walton Beach 23 Ram 1500 Classic 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 24 Ram 1500 (Hybrid)3.00%Alan Jay Automotive Management, Inc.3.90%Step One Automotive dba CDJR Ft Walton Beach 25 Ram 2500 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 26 Tundra 3.00%Alan Jay Automotive Management, Inc. 27 Tundra (Hybrid)3.00%Alan Jay Automotive Management, Inc. MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 5: Light Duty Trucks Commodity Codes: 25101507 (LIGHT TRUCKS OR SPORT UTILITY VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101511 (PLUG-IN-HYBRID ELECTRIC VEHICLE) Sub-Group Brand Line Number Model Sub-Group A: Compact and Mid-Size Pickup Trucks Ford Sub-Group B: Full-Size Pickup Trucks Chevrolet Ford GMC Nissan Ram Toyota Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor Chevrolet 1 Silverado 3500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 2 Super Duty F-350 3.00%Alan Jay Automotive Management, Inc.3.03%Tropical Ford, Inc 3.20%Step One Automotive dba Ford Crestview 3 Super Duty F-450 2.57%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.50%Step One Automotive dba Ford Crestview GMC 4 Sierra 3500 HD 3.00%Alan Jay Automotive Management, Inc. Ram 5 3500 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba CDJR Ft Walton Beach 6 Silverado 3500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 7 Silverado 4500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 8 Silverado 5500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 9 Silverado 6500 HD 3.00%Alan Jay Automotive Management, Inc.5.74%Starke Motorcars LLC 10 Chassis Cab F-350 2.66%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 11 Chassis Cab F-450 2.58%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 12 Chassis Cab F-550 2.55%Tropical Ford, Inc 2.90%Step One Automotive dba Ford Crestview 3.00%Alan Jay Automotive Management, Inc. 13 Chassis Cab F-600 2.46%Tropical Ford, Inc 3.00%Alan Jay Automotive Management, Inc.3.00%Step One Automotive dba Ford Crestview GMC 14 Sierra 3500 HD 3.00%Alan Jay Automotive Management, Inc. 15 Chassis Cab 3500 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 16 Chassis Cab 4500 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. 17 Chassis Cab 5500 2.90%Step One Automotive dba CDJR Ft Walton Beach 3.00%Alan Jay Automotive Management, Inc. MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 6: Medium Duty Trucks Commodity Codes: 25101600 (PRODUCT AND MATERIAL TRANSPORT VEHICLES) Sub-Group Brand Line Number Model Sub-Group A: Pickup Trucks Ford Sub-Group B: Chassis Cabs Chevrolet Ford Ram Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Lowest Cost Plus %Contractor 2nd Lowest Cost Plus %Contractor 3rd Lowest Cost Plus %Contractor 1 Advanced HD 2 Advent 3 EV1 4 Beyond 5 Enclosed Shuttle 6 Transport Buddy 7 Carryall 8 Current 9 Villager 10 Urban 11 Cru 12 Hauler 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 13 Refresher 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 14 Shuttle 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 15 Spraytek 5.00%Love Power Equipment, Inc 16 Truckster 5.00%Love Power Equipment, Inc 17 Carrier 18 Classic 19 Forester 20 Turfman 21 Express 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 22 Freedom 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 23 Liberty 5.00%Love Power Equipment, Inc 5.95%Affordable Carts Holdings, LLC 24 e2 25 e4 26 e6 27 I20 28 I40 29 I60 30 Electro Bubble Buddy 0.00%Gatormoto Utility Vehicles and More LLC, DBA Moto Electric Vehicles 31 Electro Neighborhood 0.00%Gatormoto Utility Vehicles and More LLC, DBA Moto Electric Vehicles 32 Electro Transit Buddy 0.00%Gatormoto Utility Vehicles and More LLC, DBA Moto Electric Vehicles 33 AK Series 34 AP Series 35 Capella 36 Classic 37 Sirius Tomberlin 38 E-MERGE 5.00%Love Power Equipment, Inc 39 GO-4 40 MAX-EV MotoEV Star EV E-Z-GO Westward * Excludes variations of the listed Model that do not meet the statutory requirements for a low speed vehicle, as defined by subsection 320.01(41), Florida Statutes. N/A Advanced EV Bintelli Club Car Cushman EVolution GEM ICON EV MOTOR VEHICLES (25100000-23-STC) Exhibit B: Cost Sheet - Group 7: Low Speed Vehicles Commodity Codes: 25101500 (PASSENGER MOTOR VEHICLES), 25101509 (ELECTRICALLY POWERED VEHICLE), 25101918 (NEIGHBORHOOD ELECTRIC VEHICLE NEV) Sub-Group Brand Line Number Model* Page 1 of 1 DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Title: Est. Delivery: Phone #'s:Primary:Secondary: Title: Phone #'s:Primary:Secondary: Title: Phone #'s:Primary:Secondary: UNSPSC Commodity Code*Line Number Cost (per unit)Cost Plus %Total Customer Price -$ -$ Manufacturer/Brand Cost (per unit)Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ OEM Option Description Email Address: Group Motor Vehicle Description COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. Secondary Contact for Customer (Optional) Sub-Group Fax #: Brand Contact Person: Email Address: Fax #: MOTOR VEHICLE OEM OPTIONS INFORMATION IN THIS SECTION MUST MATCH THE INFORMATION ON THE AWARDED COST SHEET. Model TOTAL COST: Motor Vehicle (per unit) COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. Requesting Customer Information Agency/Eligible User Name: Contact Person: Email Address: Contractor's Purchase Order #: Original Quote Date:Revised Quote Date: Fax #: Motor Vehicles (25100000-23-STC) Price Quote Form (PQF) (STATE AGENCIES MUST ALSO SUBMIT FORM MP6301) Updated 4/27/2023 Awarded Contractor Information Contact Person: Contractor Name: Street Address: City, State, Zip: TOTAL COST: OEM Options (per Motor Vehicle) Cost Plus % (#.##%) Non-standard accessories, components, equipment, features, parts, etc. that are attached to or provided with the vehicle when it is shipped from the Manufacturer: DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Manufacturer/Brand Cost (per unit)Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Customer Price (per unit) Quantity (per Motor Vehicle) Total Customer Price -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Contractor Comments: Customer Comments: *UNSPSC = United Nations Standard Products and Services Commodity Code. Refer to the Discount Sheet for the code(s) applicable to each Group and Sub-Group. Customer Order Total with Cost % Applied Where Applicable COST PLUS % MUST BE EQUAL TO OR LESS THAN THE COST PLUS % SHOWN ON THE AWARDED COST SHEET. TOTAL COST: Body Transfer and 3rd Party Body Installations (per Motor Vehicle) Body Transfer and 3rd Party Body Installations Description Manufacturer/Brand TOTAL COST: Non-OEM Options (per Motor Vehicle) BODY TRANSFER AND 3rd PARTY BODY INSTALLATIONS Non-OEM Option Description NON-OEM OPTIONS DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 Acknowledgement of Order Form Page 1 of 1 Exhibit F ACKNOWLEDGMENT OF ORDER FORM Note to Contractor: This form must be accurately and fully completed with specific information, numbers, dates, signature, etc. Adjustments to this form or the use of alternate forms are not acceptable. ORDERING CUSTOMER: Click or tap here to enter text. CONTACT PERSON: Click or tap here to enter text. ADDRESS: Click or tap here to enter text. CITY: Click or tap here to enter text. STATE: FL ZIP: Click or tap here to enter text. CONTRACTOR MUST SELECT THE CORRECT NOTIFICATION TYPE BELOW (SELECT ONLY ONE TYPE) ☐ ORDER CONFIRMATION NOTIFICATION: Customer Order Number Click or tap here to enter text. was received on Click or tap here to enter text.. In accordance with State of Florida State Term Contract Number 25100000-23-STC (Motor Vehicles), Scope of Work, Transportation and Delivery section, the order was placed with the Manufacturer on Click or tap here to enter text. and assigned the following Manufacturer’s Production Number(s): Click or tap here to enter text.. We anticipate delivery to your specified location on or about Click or tap here to enter text.. ☐ MANUFACTURER’S LAST ORDER DATE NOTIFICATION, PRODUCTION SCHEDULE NOTIFICATION, AND MODEL REPLACEMENT Customer Order Number Click or tap here to enter text. was received on Click or tap here to enter text.. In accordance with State of Florida State Term Contract Number 25100000-23-STC (Motor Vehicles), Scope of Work, Manufacturer’s Last Order Date and Production Schedule Changes section, ordered Commodity Code(s) Click or tap here to enter text. has a Manufacturer’s Last Order Date of Click or tap here to enter text. and is not currently available. Per the Contract terms and conditions, we notified the Florida Department of Management Services Contract Manager of the Manufacturer’s Last Order Date on Click or tap here to enter text., which can be verified by the Contract Manager. Note: The Contractor must select the Order Confirmation Notification option above unless they have reported a specific Manufacturer’s Last Order Date per State Term Contract Number 25100000-23-STC (Motor Vehicles), Scope of Work, Manufacturer’s Last Order Date and Production Schedule Changes section, to the Department’s Contract Manager. Should the Contractor fail to notify a Customer or the Department of a Manufacturer’s Last Order Date, it may be grounds for the termination of the Customer Order or Contract. For any correspondence, please reference your Customer Order Number or the Production Number(s). CONTRACTOR: Click or tap here to enter text. ADDRESS: Click or tap here to enter text. CITY: Click or tap here to enter text. STATE: FL ZIP: Click or tap here to enter text. SIGNATURE: _____________________________________________________ Date: ____________________ ADDITIONAL COMMENTS (IF ANY): Click or tap here to enter text. DocuSign Envelope ID: 94796B08-4D2C-4C7E-A964-6A3D78E8F979 VILLAGE OF NORTH PALM BEACH FINANCE DEPARTMENT TO: Honorable Mayor and Council THRU: Chuck Huff, Village Manager FROM: Samia Janjua, Deputy Village Manager DATE: May 9, 2024 SUBJECT: RESOLUTION – Increasing the blanket purchase order issued to Precision Landscape Company of Palm Beach County, Inc. for miscellaneous landscaping and grounds maintenance services for various Village Departments by an additional $100,000 Through the adoption of Resolution No. 2023-107 on December 14, 2023, the Village Council approved the issuance of a blanket purchase order in the amount of $150,000 with Precision Landscape Company of Palm Beach County, Inc. (Precision) for miscellaneous landscaping and grounds maintenance projects utilizing pricing established in the existing Contract for Landscaping and Grounds Maintenance Services executed in 2019. Village staff is estimating that an additional $100,000 will be expended for these services for the remainder of the current fiscal year and is therefore requesting an increase to the blanket purchase order to $250,000. Account Information: Fund Department Account Number Account Description Amount Fund/Account/Department is based on the service location The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney. Recommendation: Village staff requests Council consideration and approval of the attached Resolution increasing the blanket purchase order issued to Precision Landscape Company of Palm Beach County, Inc. by an additional $100,000 (for a total of $250,000) for miscellaneous landscaping and grounds maintenance services in accordance with Village policies and procedures. RESOLUTION 2024-___ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA INCREASING THE FISCAL YEAR 2024 BLANKET PURCHASE ORDER WITH PRECISION LANDSCAPE COMPANY OF PALM BEACH COUNTY, INC. BY $100,000 FOR MISCELLANEOUS LANDSCAPING AND GROUNDS MAINTENANCE SERVICES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village’s Purchasing Policies and Procedures authorize the use of blanket purchase orders for materials purchased over a period of time not to exceed a single fiscal year and require Village Council approval for blanket purchase orders exceeding of $25,000; and WHEREAS, through the adoption of Resolution No. 2023-107 on December 14, 2023, the Village Council approved a blanket purchase order for $150,000 with Precision Landscape Company of Palm Beach County, Inc. for miscellaneous landscaping and grounds maintenance projects utilizing pricing establishing in the existing Contract for Landscaping and Grounds Maintenance Services executed in 2019; and WHEREAS, Village Staff estimates that an additional $100,000 is required for Fiscal Year 2024; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby increases the Fiscal Year 2024 blanket purchase order with Precision Landscape Company of Palm Beach County, Inc. by $100,000 (for a total of $250,000) for miscellaneous landscaping and grounds maintenance projects for various Village departments, with funds expended to the appropriate account based on the service location and requesting department. Section 3. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF __________________, 2024. (Village Seal) MAYOR ATTEST: VILLAGE CLERK