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Agenda 03-05-24The City of Boynton Beach City Commission Agenda Tuesday, March 5, 2024, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Ty Penserga, Mayor (At Large) Thomas Turkin, Vice Mayor (District III) Angela Cruz, Commissioner (District I) Woodrow L Hay, Commissioner (District II) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 1.Openings A.Call to Order - Mayor Ty Penserga 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.Recognition of Sponsors and Partners for Magic Wheels and Special Deals and Barrier Free 5K. Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Roll Call. Invocation by Commissioner Woodrow Hay. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. The City of Boynton Beach Recreation & Parks Department hosted the annual Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals event. At this time, the City of Boynton Beach would like to acknowledge Joe DiMaggio Children's Health Specialty Center for its donation, as the event's title sponsor, Chariots on Ice, and Littlewolf Carpentry for their construction of this year's Magic Wheels and the Greater Boynton Beach Foundation and the Broward, Palm Beaches & St. Lucie Realtors group for hosting the Barrier Free 5K that supports Congress 3 B.Proclamation- Let's Move Palm Beach County Month. 4.Public Audience 5.Administrative 6.Consent Agenda A.Proposed Resolution No. R24-040- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement services and/or commodities under $100,000 as described in the written report for March 5, 2024 - " Request for Extensions and/or Piggy-Backs." B.Proposed Resolution No. R24-041- Approve and authorize the Mayor to sign the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Circuit Transit, Inc., for the BBCRA Pilot Ride Share Program. C.Proposed Resolution No. R24-042- Approve and authorize the City Manager to sign an Agreement with Elite Medical Specialists, LLC, of Jupiter, Florida, for Medical Director for Fire Rescue Services. D.Proposed Resolution No. R24-043- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding adding the language for the new group insurance retroactively effective October 1, 2023. Proposed Resolution No. R24- 044- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit regarding adding the language for the new group insurance retroactively effective October 1, 2023. E.Proposed Resolution No. R24-045- Approve and authorize the City Manager to sign a Memorandum of Understanding (MOU) as an addendum to the White Collar SEIU Collective Bargaining Agreement, between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding wages and classifications for the Communication Dispatch Division of the Police Department. Avenue Barrier Free Park. Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Cassy Romelus, Director of Operations of Digital Vibez, Inc. Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Staff recommends approval of Proposed Resolution No. R24-040. Staff recommends approval of Proposed Resolution No. R24-041. Staff recommends approval of Proposed Resolution No. R24-042. Staff recommends approval of Proposed Resolution No. R24-043 and Resolution No. R24-044. Staff recommends approval of Proposed Resolution No. R24-045. 4 F.Proposed Resolution No. R24-046- Authorize the City Manager to approve the grant application, accept the grant, and execute all documents associated with the grant, subject to the approval of the City Attorney, for the Assistance to Firefighters Grant (AFG). G.Proposed Resolution No. R24-047- Approve a change order/increase for PO 220577 - Duval Ford for $48,303.00 for a total amount of $73,046.95 plus a 22% contingency for vehicle increases, should this vehicle no longer be available and a newer model be delivered. H.Commission Meeting Minutes. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-048- Approve the Piggyback of Town of Jupiter Island/South Martin Regional Utility Contract for Continuing Well Maintenance and Rehabilitation Services and authorize the City Manager to sign the piggyback agreement between the City and Centerline Drilling, Inc. B.Proposed Resolution No. R24-049- Approve utilizing Lake County, Florida, RFP No. 23-524 and authorize the City Manager to sign an agreement with Tristar Claims Management Services, Inc., of Long Beach, California, for Third-Party Administration Services with an estimated annual cost of $1,200,000. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-006- Second Reading- An Ordinance of The City Of Boynton Beach, Florida, repealing Ordinances O#37; O#47, and O#136 and any amendments thereafter, which established and revised segregation in the City Of Boynton Beach; providing for conflicts; severability; and an effective date. 9.City Manager’s Report A.Discuss rescheduling or cancelling the March 19, 2024 Commission Meeting. Staff recommends approval of Proposed Resolution No. R24-046. Staff recommends approval of Proposed Resolution No. R24-047. Approve minutes from the February 6, 2024 and February 20, 2024 Commission Meetings. Staff recommends approval of Proposed Resolution No. R24-048. Staff recommends approval of Proposed Resolution No. R24-049. Staff recommends approval of Proposed Ordinance No. 24-006 on Second Reading. Due to the March 19th Primary Election, staff would like for the Commission to 5 B.Fiscal Year 23-24 Capital Improvement Plan Update. 10.Unfinished Business 11.New Business 12.Legal 13.Future Agenda Items A.Discussion regarding regulations to support local businesses.- March 19, 2024 B.Discussion regarding existing regional programs and best practices to combat homelessness in the City. - April 2, 2024 C.Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach - TBD D.Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD E.Discussion regarding combining City properties together to create senior affordable housing . - TBD F.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD G.Discussion regarding a waiver process and criteria for workforce housing projects. - TBD H.Discussion regarding infrastructure, specifically paving in the City. - TBD I.Discussion regarding Town Square project- planned hotel site. - TBD 14.Adjournment consider rescheduling or cancelling the March 19th Commission Meeting. Presentation by the by the Public Works Department, Grants Department, and Utilities Department to provide an update on projects in this years Capital Improvement Plan. Discussion requested by Commissioner Cruz. Discussion requested by Commissioner Hay. Staff recommends approval of the 2023-2028 Strategic Plan. Requested by Vice Mayor Turkin. Requested by Mayor Penserga. Requested by Commission Hay. Requested by Vice Mayor Turkin. Requested by Vice Mayor Turkin and Commissioner Cruz. Requested by Vice Mayor Turkin. Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) 6 The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 7 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 03/ 5/2024 Meeting Date: 03/ 5/2024 Recognition of Sponsors and Partners for Magic Wheels and Special Deals and Barrier Free 5K. Requested Action: The City of Boynton Beach Recreation & Parks Department hosted the annual Joe DiMaggio Children's Health Specialty Center Magic Wheels & Special Deals event. At this time, the City of Boynton Beach would like to acknowledge Joe DiMaggio Children's Health Specialty Center for its donation, as the event's title sponsor, Chariots on Ice, and Littlewolf Carpentry for their construction of this year's Magic Wheels and the Greater Boynton Beach Foundation and the Broward, Palm Beaches & St. Lucie Realtors group for hosting the Barrier Free 5K that supports Congress Avenue Barrier Free Park. Explanation of Request: Chariots on Ice and Littlewolf Carpentry constructed the Magic Wheels mobility device for this year recipient, Leandro Lencina-Medina How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: BBRP_020924_009.jpg 8 9 City of Boynton Beach Agenda Item Request Form 3.B Announcements, Community and Special Events And Presentations 03/ 5/2024 Meeting Date: 03/ 5/2024 Proclamation- Let's Move Palm Beach County Month. Requested Action: Mayor Penserga will read the proclamation into the record. The proclamation will be accepted by Cassy Romelus, Director of Operations of Digital Vibez, Inc. Explanation of Request: NA How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Let's Move.docx 10 Proclamation WHEREAS, the City of Boynton Beach takes special notice and acknowledges exceptional organizations that help residents who live, work and play within the jurisdiction; and WHEREAS, in 2010 Digital Vibez was founded to reach out to underserved youth in Palm Beach County by empowering them through dance fitness, technology and the arts; and WHEREAS, Digital Vibez, Inc. and Palm Health Foundation present the annual challenge, which takes place annually from March 1-31 and encourages individuals within and beyond Palm Beach County to take charge of their health by participating in fun fitness exercises;and WHEREAS, The Let’s Move initiative was originally introduced on a national level, by First Lady Michelle Obama in 2010, with the goal of decreasing childhood obesity throughout the United States due to the fact that nearly one in three children in the United States are overweight or obese and if this problem persists, 1/3 of all children born in 2000 or later will suffer from diabetes at some point in their lives, or will face other obesity-related health problems such as heart disease, high blood pressure, asthma and cancer; and WHEREAS, Digital Vibez and the Palm Health Foundation invite all residents to take the challenge to MOVE by forming teams, registering online, committing to exercising for at least 30 minutes a day throughout the month of March, and logging their minutes on the Let’s Move website, www.letsmovePBC.org.In 2012, Palm Beach County logged 100,000 minutes in the first year of the challenge and we have met the challenge each year since, rising in 2023 to over 100 million minutes logged! NOW THEREFORE, I,Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of March,Two Thousand Twenty-Four as: Let’s Move Palm Beach County Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of March, Two Thousand Twenty- Four. Ty Penserga , Mayor ATTEST: Maylee De Jesús, MMC, City Clerk 11 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-040- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement services and/or commodities under $100,000 as described in the written report for March 5, 2024 - " Request for Extensions and/or Piggy-Backs." Requested Action: Staff recommends approval of Proposed Resolution No. R24-040. Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission, requests for approval to enter into contracts and agreements as the result of formal solicitations, and to piggy-back governmental contracts. Options to extend or renew are noted in the “Agenda Request Item” presented to the Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S)DESCRIPTION OF SOLICIATION SOLICIATION NUMBER RENEWAL TERM AMOUNT Information Consultants, Inc. Annual Laserfiche Maintenance and Support Services City of Boynton Beach Service Agreement 010- 1510-21/RW January 5, 2024 - January 4, 2025 Annual Estimated Expenditure $45,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements, and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Attachments: 12 Resolution No. R24-040- Approving one-year extension for RFPs-RFQs-Bids and or piggy- backs Agenda Item 1249-23 Ex A. _100K_under_REQUEST_FOR_BID_EXTENSIONS_March_5_2024_Report (1).pdf Renewal Interest Letter-Laserfiche Support Maint Inform Consultants 24-25 Signed.pdf 13 S:\CA\RESO\Resolutions 2024\March 5, 2024 RESOLUTION NO. R24-040 1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE ONE-YEAR EXTENSION 5 FOR RFPS/RFQS/BIDS AND/OR PIGGY-BACKS FOR THE 6 PROCUREMENT OF SERVICES AND/OR COMMODITIES 7 UNDER $100,000, AS DESCRIBED IN THE WRITTEN 8 REPORT FOR MARCH 5, 2024; AND PROVIDING AN 9 EFFECTIVE DATE.10 11 12 WHEREAS,the Finance/Procurement Department submits requests for award to the 13 Commission; requests for approval to enter into contracts and agreements as the result of 14 formal solicitations; and to piggy-back governmental contracts; and15 WHEREAS,options to extend or renew are noted in the “Agenda Request Item” 16 presented to the Commission as part of the initial approval process; and17 WHEREAS,to provide an accurate and efficient method to keep the City Commission 18 informed of pending renewals and the anticipated expenditures, a monthly summary report of 19 each renewal and/or extension is produced; and20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve 22 the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of 23 services and/or commodities under $100,000 as described in the written report for March 5, 24 2024.25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT:27 SECTION 1.The foregoing “Whereas” clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution 29 upon adoption hereof. 30 SECTION 2.The City Commission hereby approves the one-year extension for 31 RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or 32 commodities under $100,000 as described in the written report for March 5, 33 2024. A copy of the written report for March 5, 2024, is attached hereto and 34 incorporated herein as Exhibit “A.”35 14 S:\CA\RESO\Resolutions 2024\March 5, 2024 SECTION 3.This Resolution shall become effective immediately upon passage.36 37 38 PASSED AND ADOPTED this 5th day of March 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 41 YES NO42 43 Mayor – Ty Penserga _____ _____44 45 Vice Mayor – Thomas Turkin _____ _____46 47 Commissioner – Angela Cruz _____ _____48 49 Commissioner – Woodrow L. Hay _____ _____50 51 Commissioner – Aimee Kelley _____ _____52 53 VOTE ______54 55 56 57 ATTEST:58 59 60 ___________________________________________________________61 Maylee De Jesús, MPA, MMC Ty Penserga62 City Clerk Mayor63 64 65 APPROVED AS TO FORM:66 (Corporate Seal)67 _______________________________68 Shawna G. Lamb69 City Attorney70 71 15 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS UNDER $100,000 March 5, 2024 REQUESTING DEPARTMENT: ITS DEPARTMENT CONTACT: Fred Harris TERM: January 5, 2024 to January 4, 2025 SOURCE FOR PURCHASE: City of Boynton Beach Service Agreement No. 010-1510-21/RW (Laserfiche Support) ACCOUNT NUMBER: Various City Departments VENDOR(S): INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATE: $45,000 DESCRIPTION: On January 5, 2021, Commission approved the Vendor Service Agreement for the Solution Provider Services and Software Maintenance and Support of Laserfiche, the City’s Enterprise Content Management System with Information Consultants, Inc. of Miami, Florida. The Agreement allows for an initial (1) year period with four (4) one-year renewal periods. The vendor has agreed to renew the Agreement for the 3rd one-year renewal term with the same prices, terms, and conditions. 16 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith@icons-inc.com;corp@icons-inc.com QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW CURRENT BID TERM: JANUARY 5, 2024 – JANUARY 4, 2025 Dear Mr. Smith: The current bid term for “LASERFICHE ANNUAL MAINTENANCE AND SUPPORT” expires on January 4, 2024. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 17820 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 QUOTE: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2024 – JANUARY 4, 2025 _____ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ INFORMATION CONSULTANTS, INC. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 954-989-37041/31/2024 psmith@icons-inc.com Pierre Smith President 18821 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-041- Approve and authorize the Mayor to sign the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Circuit Transit, Inc., for the BBCRA Pilot Ride Share Program. Requested Action: Staff recommends approval of Proposed Resolution No. R24-041. Explanation of Request: On January 18, 2024, the CRA Board approved a contract with Circuit Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand transportation services. The CRA is coordinating with the City to provide four dedicated parking stalls in the north parking lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., including three Level 2 EV charging stations adjacent to the existing electrical service. Additionally, the relationship between the City and the CRA will expand the ride-share program from the CRA district to Oceanfront Park. In order to provide dedicated parking locations, electrical service for the charging, ride s h a r e service to the Oceanfront Park, and potential fixed route ride share service for City Events, an Interlocal Agreement is required to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. How will this affect city programs or services? The service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the BBCRA boundaries and transportation to Oceanfront Park. Fiscal Impact: Fully budgeted. Estimated cost $60,000.00. Attachments: Resolution No. R24-041- ILA City and CRA Circuit Transit- Pilot Ride Share Program.docx 24_0205 Final ILA with Exhibits.pdf 23_0129 Fully Executed Circuit Agreement.pdf 19 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@640B738C\@BCL@640B738C.Docx RESOLUTION NO. R24-0411 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 2 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 3 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 4 OF BOYNTON BEACH AND THE BOYNTON BEACH 5 COMMUNITY REDEVELOPMENT AGENCY REGARDING 6 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 7 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.8 WHEREAS,on January 18, 2024, the CRA Board approved a contract with Circuit 9 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 10 transportation services; and11 WHEREAS, the City and CRA desire to provide an additional route from the CRA 12 district to Ocean Front Beach Park, along with four dedicated parking stalls in the north parking 13 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 14 EV charging stations adjacent to the existing electrical service; and15 WHEREAS, in order to provide dedicated parking locations, electrical service for the 16 charging, ride share service to the Ocean Front Beach Park, and potential fixed route ride share 17 service for City Events, an Interlocal Agreement is required to fund any service outside of the 18 CRA boundaries and allow reimbursement of EV charging costs; and19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve and 21 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 22 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 23 BBCRA Pilot Ride Share Program.24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1.Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference.28 Section 2.The City Commission of the City of Boynton Beach, Florida, does 29 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 30 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit 31 20 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@640B738C\@BCL@640B738C.Docx Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is32 attached hereto and incorporated herein as Exhibit “A.”33 Section 3.That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 5th day of March 2024.35 CITY OF BOYNTON BEACH, FLORIDA36 YES NO37 38 Mayor – Ty Penserga _____ _____39 40 Vice Mayor – Thomas Turkin _____ _____41 42 Commissioner – Angela Cruz _____ _____43 44 Commissioner – Woodrow L. Hay _____ _____45 46 Commissioner – Aimee Kelley _____ _____47 48 VOTE ______49 50 ATTEST:51 52 53 ___________________________________________________________54 Maylee De Jesús, MPA, MMC Ty Penserga55 City Clerk Mayor56 57 APPROVED AS TO FORM:58 (Corporate Seal)59 60 _______________________________61 Shawna G. Lamb62 City Attorney63 21 4859-3315-2162, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT (“Agreement”) is made this day of 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). The City and BBCRA may be referred to herein individually as a “party” and collectively as the “parties.” WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. (“Circuit”), a copy of which is attached hereto as Exhibit A (“Circuit Agreement”); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the “Services”) as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA’s boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA’s boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA’s boundaries; and WHEREAS, Zone 2 is outside the BBCRA’s boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA’s boundaries, and otherwise contribute to the pilot program as 22 4859-3315-2162, v. 1 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan (“CRA Plan”) calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement (including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 23 4859-3315-2162, v. 1 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: [(total invoice amount) x (percentage of rides starting or ending within Zone 2)] – [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events (“Special Event Services”), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 24 4859-3315-2162, v. 1 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount (“Sales Promotion”) on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4. Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact (“City Project Manager”) for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact (“BBCRA Project Manager”) for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 25 4859-3315-2162, v. 1 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City’s request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the “Parking Spaces”) for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 26 4859-3315-2162, v. 1 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City’s logo on marketing and advertising pursuant to the Circuit Agreement (“Promotional Materials”) at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8. Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 27 4859-3315-2162, v. 1 email delivery shall be deemed “written” or “in writing” for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA: Kathryn Rossmell Lewis, Longman & Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell@llw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambs@bbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement (“Effective Date”). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party’s books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 28 4859-3315-2162, v. 1 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party’s failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 29 4859-3315-2162, v. 1 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other party’s absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 30 4859-3315-2162, v. 1 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Termination Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST:_________________________ By: _________________________________ Print Name:__________________________ Title:_______________________________ Date: ______________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ CRA Attorney City of Boynton Beach, Florida ATTEST:_________________________ By: _________________________________ Print Name: __________________________ Title: ________________________________ Date:_________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By:________________________ City Attorney 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 4 Circuit Designated EV Parking Spaces E Boynton Beach Blvd NE 1st Ave NE 1st St 52 4859-3315-2162, v. 1 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City’s regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City’s regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City’s utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-042- Approve and authorize the City Manager to sign an Agreement with Elite Medical Specialists, LLC, of Jupiter, Florida, for Medical Director for Fire Rescue Services. Requested Action: Staff recommends approval of Proposed Resolution No. R24-042. Explanation of Request: The City has had a Medical Director to oversee the City's Emergency Medical Services (EMS) as required to maintain the Fire Rescue Certificate of Public Convenience and Necessity for Advance Life Support and Basic Life Support services, per Chapter 401, Florida Statutes, and the Florida Administrative Code, Rule 64J-1. The Initial Term of the Agreement shall be for five (5) years with the option to renew for two (2) additional one-year terms at the discretion of the City. The annual fee for years one (1) and two (2) is $49,000. The vendor is entitled to a yearly increase of 4% in rates for years three (3), four (4), and five (5). How will this affect city programs or services? The Medical Director will be available for consultation on all related EMS issues. The Medical Director will continue to develop medically correct protocols that permit specified procedures, develop and implement a patient care quality assurance system, and ensure and certify that the security procedures of the EMS provider for medications, fluids, and controlled substances comply with applicable regulations —additionally, ensuring that all Emergency Medical Technicians and Paramedics are trained in using the trauma scorecard methodologies and serving as the liaison between governmental regulatory agencies and other local EMS providers and hospitals. Fiscal Impact: These services are included in the Fire Rescue Departments budget under line item #001-2210-522-34-51. Attachments: Resolution No. R24-042- Elite Medical Specialist- Medical Director Agreement - Medical Services Director for Fire-Rescue.pdf 73 S:\CA\RESO\Resolutions 2024\March 5, 2024\Elite Medical Specialist RESOLUTION NO. R24 - 042 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AUTHORIZING THE CITY MANAGERTO SIGN A PROFESSIONAL 4 SERVICES AGREEMENT WITH ELITE MEDICAL SPECIALISTS, LLC,5 OF JUPITER, FLORIDA, FOR MEDICAL SERVICES DIRECTOR FOR 6 FIRE-RESCUE SERVICES; AND PROVIDING AN EFFECTIVE DATE.7 8 9 WHEREAS, the City of Boynton Beach, Florida, is seeking to engage a Medical 10 Director to oversee the Emergency Medical Services as provided by Fire Rescue, 11 Paramedics, and Lifeguards, as well as other departmental administrative purposes and 12 functions; and13 WHEREAS, the Medical Director will be an independent contractor supervising 14 and accepting responsibility for the medical performance of Emergency Medical 15 Technicians (EMTs), Paramedics and first responders, and Lifeguards functioning in the 16 Fire and Emergency Medical Services Department and the Parks and Recreation 17 Department under applicable provisions of Chapter 401, Florida Statutes, and FAC 64-J-18 1.004.; and19 WHEREAS, staff has recommended that the City Commission approve and 20 authorize the City Manager to sign a Professional Services Agreement with Elite Medical 21 Specialists, LLC, of Jupiter, Florida, for a period of five (5) years in the annual amount of 22 $49,000, with the option to renew for two (2) additional one-year terms at the discretion of 23 the City.24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT:26 SECTION 1.The foregoing “Whereas” clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution 28 upon adoption hereof. 29 SECTION 2.The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes and directs the City Manager to approve and authorize the City 31 Manager to sign a Professional Services Agreement with Elite Medical 32 Specialists, LLC, of Jupiter, Florida, for a period of five (5) years in the annual 33 74 S:\CA\RESO\Resolutions 2024\March 5, 2024\Elite Medical Specialist amount of $49,000, with the option to renew for two (2) additional one-year 34 terms at the discretion of the City, a copy of which is attached hereto as Exhibit 35 “A”.36 SECTION 3.This Resolution shall become effective immediately upon passage.37 38 PASSED AND ADOPTED this 5th day of March 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 41 YES NO42 43 Mayor – Ty Penserga _____ _____44 45 Vice Mayor – Thomas Turkin _____ _____46 47 Commissioner – Angela Cruz _____ _____48 49 Commissioner – Woodrow L. Hay _____ _____50 51 Commissioner – Aimee Kelley _____ _____52 53 VOTE ______54 55 56 57 ATTEST:58 59 60 ___________________________________________________________61 Maylee De Jesús, MPA, MMC Ty Penserga62 City Clerk Mayor63 64 65 APPROVED AS TO FORM:66 (Corporate Seal)67 _______________________________68 Shawna G. Lamb69 City Attorney70 71 75 Medical Director Services (2.7.24 SRW) FR24-029 1 City of Boynton Beach Contract #FR24-029 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ELITE MEDICAL SPECIALISTS, LLC, FOR MEDICAL SERVICES DIRECTOR THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter the “Agreement” or “Contract”) is between the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter referred to as the “CITY”, and Elite Medical Specialists, LLC, a Florida limited liability company, authorized to do business in the State of Florida, hereinafter referred to as the “VENDOR” for the Medical Director of Emergency Medical Services, each a “party” and collectively the “parties.” Background The City of Boynton Beach and VENDOR hereby agree that the terms of this Contract provide an outline of the working relationships and responsibilities of the CITY and the VENDOR for the City’s Emergency Medical Services Program (EMS), which is part of the CITY’S Municipal Fire Department. The items in this Contract are intended to identify the VENDOR's general relationship with the CITY, his responsibility for supervising the direct medical-related activities of the EMS Program, and the VENDOR’s responsibility for local training and certification of the Paramedics. This Contract further supports the principle that the VENDOR will receive support from the Fire Department Administration and will direct his requests for equipment and equipment assignments; manpower and manpower assignments; and supplies to the Fire Department Administration. VENDOR recognizes that assignments to the Paramedic Program will be made by the Fire Chief in accordance with the overall resources and needs of the Fire Department. Now therefore, in consideration of the mutual benefits, terms, and conditions hereinafter specified, the parties agree as follows: 1. GENERAL SCOPE OF WORK. The CITY hereby contracts with the VENDOR and the VENDOR accepts this contract as Medical Services Director for the City of Boynton Beach Emergency Medical Services Program under the provisions of Section 401.46, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said VENDOR, or upon notice from the CITY that such additional duties have been established by the Florida Department of Health and Rehabilitative Services. It is recognized that the VENDOR’S contract with the CITY preserves the VENDOR’S right to practice as an independent physician at all times. The VENDOR shall perform all services required pursuant to Florida Statutes Chapter 401, Section 401.46, Chapter 64-J-1.004, Florida Administrative Code; duties and regulations promulgated by the Florida Department of Health and Rehabilitative Services; and all present rules and regulations of any governmental agencies implementing said Chapter or other established duties required to be performed by said VENDOR. In accordance with Section 401.265, Florida Statutes, Elite Medical Specialists, LLC , has designated Dr. Kenneth A. Scheppke as the Medical Director and Dr. Rich Giroux and Dr. Adam Leisy as Associate Medical Directors. The Medical Director will ensure the continuous availability of at least one qualified physician as outlined in this agreement, who shall serve as Acting Medical Director in the absence of the Medical Director. The VENDOR will notify the Boynton Beach Fire Rescue Department whenever he/she will be unavailable for whatever reason, and will attempt to provide twenty-four (24) hour prior notification of such unavailability except under emergency circumstances. The no tification shall be 76 Medical Director Services (2.7.24 SRW) FR24-029 2 given to the Office of the Fire Chief, and shall include the name and telephone numbers of the Acting Medical Director. The VENDOR hereby agrees to perform all duties set forth in Exhibit A, attached hereto and incorporated herein by reference. 2. REPORTING. The VENDOR shall report directly to the Chief of the Fire and Emergency Medical Services Department of the City.; however, nothing herein shall in any way authorize any limitations or restrictions by the CITY on the professional acts or advice of the Medical Director. 3. ESTABLISHMENT OF PROCEDURES. The Fire Chief, through the Department’s staff and operation procedure, will establish Department policy for equipment and equipment assignment, and for supply purchase and use. The VENDOR, in conjunction with the Fire Chief, shall establish dispatch procedures and priorities. The Fire Chief will establish Department policy for manpower assignment in conjunction with recommendations made by the VENDOR. 4. LICENSE / AUTHORITY TO PRACTICE. The VENDOR hereby represents and warrants that the Medical Director, the Associate Medical Director, and any backup physicians, have and will continue to maintain all licenses and approvals required to conduct their business and that they will at all times conduct their business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the CITY upon request. The VENDOR further represents and warrants that the Medical Director, the Associate Medical Director, and any back-up physicians possess and will continue to maintain the requisite qualifications, knowledge, and experience required of a medical director by Section 401.265, Florida Statutes and Rule 641-1.004, F.A.C., and any other applicable laws and regulations. VENDOR shall notify the CITY and shall immediately cease performance hereunder if any such license or accreditation is suspended or revoked. Failure to maintain all requisite licenses or accreditations shall be cause for immediate termination of this agreement for cause. 5. TRAINING COSTS AND QUALITY ASSURANCE. Costs for supplying necessary in-service instruction material will be assumed by the CITY and the material will become the property of the CITY. Furthermore, the City’s EMS Coordinator shall be the VENDOR’s agent for the purpose of quality assurance pursuant to Florida law. 6. SUPERVISION. The VENDOR shall utilize the services of the CITY’s Departmental training program, facility, and staff to assist in carrying out training requirements for the EMS. VENDOR shall participate in daily in-service training scheduled by the Fire Department. 7. INSURANCE. The VENDOR shall be eligible as a member as defined under Section IV; Members of the Agreement between the City of Boynton Beach and Florida as Municipal Liability Self Insurance Program. Coverage under this Agreement shall be limited to the scope of duties as VENDOR for the City of Boynton Beach Fire Department as outlined in Florida Statute, Section 401.46, and Florida Administrative Code, Chapter 64-J-1.004 as set forth in Exhibit A to this Agreement. The VENDOR shall provide the Fire Chief with written reports as required by the Fire Chief regarding efficiency, effectiveness, and general performance of the CITY’s Emergency Medical Services System. Notwithstanding the foregoing, this section shall not alter or waive CITY’s entitlement to sovereign immunity, or extend CITY’s liability beyond the limits established in Section 768.28, Florida Statutes, as amended. The CITY will obtain and pay the annual premium on a general liability insurance policy insuring the Medical Director/Associate Medical Director against liability arising out of negligent acts or omissions, solely while acting within the course and scope of their duties as Medical Director, during the term of this Agreement and as outlined in Florida Statue 401.265. 8. EMPLOYEE DISCIPLINE. In matters of employee relations and concern, the VENDOR, under the terms of this contract is considered to be a member of the administration and supervisory division of the Fire Chief, as the Fire Chief carries out grievance procedures, discipline, interviewing paramedics, paramedic school assignments, and union contract administrative requirements. 77 Medical Director Services (2.7.24 SRW) FR24-029 3 a. The VENDOR will be expected to report to the Fire Chief his/her decisions relating to any employees for the Emergency Medical Services System such as discipline, de-certification, or promotion in which the VENDOR is involved. b. The VENDOR agrees to participate as required at personnel hearing boards such as grievance procedures of the union contract, etc. as part of his Department administrative responsibilities of the Department without additional compensation. c. The VENDOR agrees to participate in the oral interview and skills test administered to all new firefighter applicants who have a paramedic certificate prior to their employment. The VENDOR retains the right to prevent the hiring of any such individual for the purpose of employment as a paramedic if he or she does not perform satisfactorily during the interview and/or skills test. The content of the skills test will be in accordance with curr ent standardized criteria set up by the American Heart Association and American College of Emergency Physicians. d. The VENDOR agrees that anytime a firefighter employed by the City of Boynton Beach wants to attend paramedic classes for purposes of becoming a licensed paramedic, they must have written approval by the VENDOR prior to attending and/or enrolling in such classes. 9. ATTENDANCE AT MEETINGS. From time to time the VENDOR will be expected to attend Department Administrative staff meetings so that he can give input to the City’s administrative staff on the needs and status of the EMS Program so that he can become involved and informed of Departmental Standard Operating Procedures relating to: a. Response procedures b. Equipment and personnel allocations c. Department priorities d. Departmental procedures for handling emergencies e. Working with other departments f. Emergency medical dispatching g. Infectious Disease procedures 10. STAFFING CHANGES. Any staffing changes that result in modifying the Department’s current EMS response protocols must be cleared through the VENDOR. 11. TERM. The term of this Agreement shall be for five (5) years effective upon the date this Agreement is fully executed by all parties. 12. FEE. The CITY will pay the VENDOR the annual sum of $49,000 payable in twelve equal monthly installments of $4,083.33, payable at the end of each month for services outlined in the Contract. This rate shall remain firm for the first two years of this Contract. At the conclusion of the year (2) anniversary date of the Contract, for years three (3), four (4), and five (5) the VENDOR shall be entitled to a yearly increase of 4% in rates for the Medical Services Director services. Payment as provided in this section by the CITY shall be full compensation for all work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work including, but not limited to, all salary, general administrative expense, travel, mileage, overhead, and fee/profit. The VENDOR’s records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and the State of Florida for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 13. OWNERSHIP AND DISCLOSURE OF DOCUMENTS. All documents, records, and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the City. To the extent permitted by law, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by CITY or at its expense will be kept confidential by VENDOR and will not be disclosed to any other party, directly or indirectly, without the CITY's prior written consent unless required by a lawful order 78 Medical Director Services (2.7.24 SRW) FR24-029 4 or otherwise required by law. The CITY and VENDOR shall comply with the provisions of Chapter 119, Florida Statute (Public Records Law), HIPAA, HITECH, HIPAA Regulations, and any other applicable laws relating to records and/or confidentiality of records. 14. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this agreement. 15. INDEMNIFICATION. VENDOR shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereof, including attorney’s fees and costs through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, Medical Director, Associate Medical Directors, and/or any backup physicians, and its employees, agents, partners, principals or subcontractors, including those arising from injury or death to persons, including injuries, sickness, disease or death to VENDOR’s own employees, or damage to property occasioned by a negligent act, omission or failure of the VENDOR. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive CITY’s rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time 16. INDEPENDENT CONTRACTOR/VENDOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to the VENDOR’s sole direction, supervision, and control. The VENDOR, through the Medical Director, shall exercise control over the means and manner in which it and its employees, agents, subcontractors, Associate Medical Director(s), and back -up physicians perform the work, and in all respects, the VENDOR’s relationship, and the relationship of its employees, agents, subcontractors, Medical Director, Associate Medical Director(s), and back -up physicians to the CITY shall be that of an independent contractor and not as employees or agents of the CITY. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 17. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to terminate this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 18. TRUTH-IN-NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged to the VENDOR’s most favored customer for the same or substantially similar service. 79 Medical Director Services (2.7.24 SRW) FR24-029 5 B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non - current wage rates or due to inaccurate representations of fees paid to out side contractors. The CITY shall exercise its rights under this “Certificate” within one (1) year following payment. 19. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, disability, marital status, political affiliation, pregnancy, gender identity and expression, sex, or the presence of any physical or sensory handicap in the selection and retention of employees , procurement of materials or supplies, or the performance of this Agreement. 20. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 21. NON-WAIVER. A waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 22. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) business days of written notice by the CITY to the VENDOR in which event the VENDOR shall be paid its compensation for services performed through the termination date, including services reasonably related to termination. In the event that the VENDOR abandons this Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. This Agreement may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within thirty (30) calendar days after receipt of written notice from the aggrieved party identifying the breach. This Agreement may be terminated for cause by CITY for reasons including, but not limited to, VENDOR’s failure to suitably or continuously perform the services in a manner calculated to meet or accomplish the objectives in this Agreement, or repeated submis sion (whether negligent or intentional) for payment of false or incorrect bills or invoices. C. In the event of the death of a member, partner, or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the CITY. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR and the CITY, if the CITY so chooses. D. Notice of termination shall be provided in accordance with the “Notices” section of this Agreement. E. In addition to any termination rights stated in this Agreement, CITY shall be entitled to seek any and all available contractual or other remedies available at law or in equity including recovery of costs incurred by CITY due to VENDOR’s failure to comply with any term(s) of this Agreement. 23. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 24. UNCONTROLLABLE FORCES. Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” 80 Medical Director Services (2.7.24 SRW) FR24-029 6 shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non -performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if non -performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 25. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Notices to VENDOR shall be sent to the following address: Elite Medical Specialists, LLC Attn: Dr. Kenneth A. Scheppke, MD PO Box 2764 Jupiter, FL 33468 26. SOVEREIGN IMMUNITY. CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in this Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be amended from time to time, or any successor statute thereof. To the cont rary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation from liability provided to any successor statute thereof. 27. E-VERIFY. 27.1 VENDOR is used interchangeably with CONTRACTOR throughout this Section. VENDOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 27.1.1 Definitions for this Section. A. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. “Contractor” include s, but is not limited to, a vendor or consultant. B. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 27.1.2 Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall 81 Medical Director Services (2.7.24 SRW) FR24-029 7 register for and utilize the U.S. Department of Homeland Security’s E-Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 28. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701. VENDOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider a VENDOR's social, political, or ideological interests when determining if the VENDOR is a responsible VENDOR. VENDOR is further notified that the City's governing body may not give preference to a VENDOR based on the VENDOR's social, political, or ideological interests. 29. PUBLIC RECORDS. The CITY is a public agency subject to Chapter 119, Florida Statutes. The VENDOR shall comply with Florida’s Public Records Law. Specifically, the VENDOR shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, VENDOR shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the CITY; and D Upon completion of the contract, VENDOR shall transfer to the CITY, at no cost to the CITY, all public records in Vendor’s possession. All records stored electronically by VENDOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 82 Medical Director Services (2.7.24 SRW) FR24-029 8 E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 30. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By entering into this Agreement, VENDOR certifies that VENDOR is not participating in a boycott of Israel. VENDOR further certifies that VENDOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities i n Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has VENDOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to VEND OR of the CITY's determination concerning the false certification. VENDOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, VENDOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If VENDOR does not demonstrate that the CITY's determination of false certification was made in err or then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 31. MISCELLANEOUS. A. Assignment. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this agreement. B. Binding Authority. CITY and VENDOR each bind itself, their partners, successors, assigns, and legal representatives to the other party hereto, their partners, successors, assigns , and legal representatives in respect of all covenants, agreements , and obligations contained in this agreement. C. Attorney’s Fees. In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. D. Final Payment. Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the VENDOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by VENDOR shall release City from all claims of liability by VENDOR in connection with this Agreement. 83 Medical Director Services (2.7.24 SRW) FR24-029 9 E. Protection of CITY Property. At all times during the performance of this Agreement, VENDOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. F. Compliance with Laws. It shall be the VENDOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. G. Entire Agreement, Priority of Provisions. This Agreement represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. This Agreement may be amended only by written instrument signed by both CITY and VENDOR. In the event of a conflict between this Agreement and any exhibits, this Agreement shall govern. H. Effective Date. This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agre ement. Execution and delivery of this Agreement by the parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 32. HIPAA COMPLIANCE. CITY has access to protected health information (“PHI”) that is subject to the requirements of 45 C.F.R. Parts 160, 162, and 164 and related regulations. VENDOR is considered by CITY to be a covered entity or business associate and is required to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”), VENDOR shall fully protect individually identifiable health informat ion as required by HIPAA or HITECH and shall execute a Business Associate Agreement in the form attached hereto as Exhibit B. The City Manager is authorized to execute a Business Associate Agreement on behalf of CITY. Where required, VENDOR shall handle and secure such PHI in compliance with HIPAA, HITECH, and related regulations and, if required by HIPAA, HITECH, or other Appl icable Law, include in its “Notice of Privacy Practices” notice of VENDOR’s and CITY’s uses of client’s PHI. The requirement to comply with this provision, HIPAA, and HITECH shall survive the expiration or earlier termination of this Agreement. VENDOR shall ensure that the requirements of this section are included in all agreements with subcontractors. 33. ENTITIES OF FOREIGN CONCERN. VENDOR represents and certifies: (i) VENDOR is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in VENDOR; and (iii) VENDOR is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the Effective Date, VENDOR and any subcontractor that will have access to personal identifying information shall submit to CIT Y executed affidavit(s) under penalty of perjury, in a form approved by CITY attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requiremen ts of a proper invoice for purposes of payment. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 84 Medical Director Services (2.7.24 SRW) FR24-029 10 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this _____ day of ________________________________________, 20 24. CITY OF BOYNTON BEACH ELITE MEDICAL SPECIALISTS, LLC _________________________________ __________________________________ Daniel Dugger, City Manager Signature of Authorized Official, (Vendor) Date: _____________________________ __Kenneth A Scheppke, MD____________ Printed Name of Authorized Official __President__________________________ Title __February 8, 2024____________________ Date (Corporate Seal) _________________________________ Witness _________________________________ Print Name Approved as to Form: _________________________________ Shawna G. Lamb, Office of the City Attorney Attest/Authenticated: _________________________________ Maylee De Jesus, City Clerk 85 Medical Director Services (2.7.24 SRW) FR24-029 11 EXHIBIT A SCOPE OF SERVICES 1. SCOPE OF SERVICES The City of Boynton Beach is seeking to employ a Medical Director to oversee the Emergency Medical Services as provided by Fire Rescue, Paramedics, and Lifeguards, as well as other departmental administrative purposes and functions. The Medical Director wi ll be an independent contractor supervising and accepting responsibility for the medical performance of Emergency Medical Technicians (EMTs), Paramedics and first responders, and Lifeguards functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department under applicable provisions of Florida Statutes Chapter 401, and FAC 64-J-1.004. I. VENDOR WILL PROVIDE THE FOLLOWING SERVICES: 1. Advise the Advanced Life Support (ALS) – City’s Paramedics and staff (i.e. Chief Officers) as to VENDOR’s assessment of the competence of each of the paramedics and for making recommendations regarding the medical procedures which each paramedic should be authorized to perform. Such assessment should be made by utilizing responsible evaluative processes and techniques and should include at least one assessment of each paramedic’s ability to: a. Appropriately evaluate emergency medical patients and determine proper priorities for emergency medical care. b. Communicate the findings of such evaluations to a physician who has agreed, in writing, to provide responsible supervision of that paramedic. c. Receive and understand proper orders from a physician providing direct supervision of the paramedic. d. Understand and properly apply any standing orders authorized by the Medical Director. e. Understand legal relationship between the paramedic, Medical Director, physician(s) under agreement to provide responsible supervision of the paramedic, and any other physician. f. Insure that any ALS performed by the paramedic is done with responsible physician supervision. g. Perform the specific medical procedure(s), which the paramedic is specifically authorized by the Medical Director and by the ALS provider to perform. 2. Continually evaluate the medical capability of the paramedics and the ALS provider and advise ALS provider regarding the appropriate level and standard of care that the ALS provider should seek to achieve. 3. Assist in identifying the specific medical skills and knowledge that paramedics must possess to achieve the desired level and standard of care. 4. Assist in identifying the training and experience necessary for the paramedics to acquire the desired skills and knowledge and, in cooperation with approved educations programs, in assuring that each paramedic receives such training and experience as required. 5. Develop and implement an appropriate process for periodic audit and review of medical procedures performed by paramedics. Such audit and review process must comply with 86 Medical Director Services (2.7.24 SRW) FR24-029 12 such standards and requirements as may be set forth by the City from time to time. 6. Develop and authorize or review and authorize standing orders , which allow the paramedics to properly manage certain medical emergencies when voice communications with the responsible physician is not available. Such standing orders must be specified and must at a minimum provide for managing immediately life-threatening emergencies though they are not required to be so comprehensive as to include all possible medical emergencies. 7. Responsibility for the medical correctness of any standing order which he/she authorizes for use by the paramedics and for properly instructing the paramedics regarding the correct use of standing orders. 8. Assist the ALS provider in assuring continuous availability of at least one responsible physician. Determine the qualifications necessary for a physician to provide responsible supervision of the paramedics. 9. Retain the ultimate authority to permit and/or prohibit any system paramedic to utilize ALS techniques. (Specific authority 401.35, 401.46, 401.47, 381.031(1)(g), and 20.05(5) Florida Statutes). II. VENDOR RESPONSIBILITIES: A. The Medical Director serves as the Fire Department’s physician for the purpose of advising the Fire Chief on matters pertaining to occupational safety and health. B. The Medical Director serves as the Medical Director for the City’s Ocean Rescue/Lifeguards, who may be certified as Emergency Medical Technicians. C. The Medical Director agrees to directly and indirectly supervise and accept responsibility for the medical performance of Emergency Medical Technicians, Paramedics, Lifeguards, and Certified Emergency Medical Dispatchers employed by the CITY and functioning in the Fire and Emergency Medical Services Department and the Parks and Recreation Department. Such supervision shall be accomplished by, but not limited to: 1. Actual accompaniment of Paramedics and EMTs on rescue calls; 2. Monitoring of radio transmissions to and from hospital emergency departments and related facilities; 3. Review of rescue incident reports and associated documentation; 4. Conference and/or meetings in both individual and group situations; 5. Review of Standard Operating Procedures and Protocols involving multi- agency responses to medical emergencies; 6. Active participation in daily in-service training scheduled by the Fire Department. These duties will be performed periodically by the Medical Director at his/her convenience and as often as is necessary to ensure that proper medical standards and procedures are being followed. The Medical Director shall provide the Fire Chief with written reports as required by the Fire Chief regarding efficiency and effectiveness and general performance of the City’s Emergency Medical Services System. D. The Medical Director shall perform all services required of him/her pursuant to Chapter 401, Florida Statutes, and the applicable rules of any governmental agency implementing said Chapter or other established duties required to be performed by said Medical Director or upon promulgation of additional duties by the Florida Department of Health. E. The Medical Director shall give necessary instructions to the City’s Emergency Medical Technicians (EMTs), Paramedics, and Lifeguards. The Medical Director will also 87 Medical Director Services (2.7.24 SRW) FR24-029 13 supervise and arrange such in-service instructional sessions, and promulgate such rules and directives, as may be necessary to assure that all medical services performed by EMTs, Paramedics, and Lifeguards are in accordance with proper medical standards and procedures. In addition, the Medical Director shall participate in general Paramedic staff meetings at a time and date mutually agreeable with the Medical Director and the Fire and Emergency Medical Services Department; provide sufficient didactic lecture and instruction to ensure that standards of emergency medical care are maintained, review and comment on content and emphasis on in-service training and testing procedures; and shall initiate a review of all pre-hospital emergency medical service protocols and levels of personnel and equipment response at least every six months to determine their applicability and appropriateness with respect to currently accepted emergency procedures. Recommended revisions of said protocols or response procedures shall be furnished to the Fire Chief in writing. F. The Medical Director shall be knowledgeable with the standards as set by the National Fire Protection Association on Fire Rescue Department Infection Control. G. The Medical Director shall have a working knowledge of the Incident Command System and participate in the development and ongoing review of Dispatch Protocols followed by the CITY. The Medical Director shall have a period of one (1) year to obtain NIMS IS-100, IS-200, IS-700, and IS-800 to meet NIMS compliance. III. ADDITIONAL SERVICES AND RESPONSIBILITIES: 1. The Medical Director will assure the continuous availability of at least one qualified physician as outlined in Section I, who shall serve as Acting Medical Director in the absence of the Medical Director. 2. The Medical Director may provide liaison services as required and requested between the Fire and Emergency Medical Services Department of the CITY and other departments, divisions, boards, and bodies of the CITY, County, and State of Florida, as well as educational, institutions, medical societies, and other agencies or institutions relating to the provision of Emergency Medical Services. A. The Medical Director will retain ultimate authority to permit or deny any Paramedic or EMT the utilization or advanced life support techniques, basic life support, patient assessment, or patient stabilization procedures. Upon request, the Medical Director shall advise the Fire Chief or the Director of Parks and Recreation, if appropriate, on disciplinary recommendations related to medical care. B. The Medical Director shall administer a protocol examination and/or practical test as he/she sees fit to determine the competence of all Emergency Medical Services personnel covered by this Agreement. C. Upon request, the Medical Director may participate in the design and structure of selection procedures for entry-level personnel for the City of Boynton Beach. D. Upon request, the Medical Director will consult with the Fire Chief regarding promotional testing criteria for incumbent personnel. E. Upon request, the Medical Director may advise the department on appropriate procedures to address incidents in which an employee of the Fire and Emergency Services Department or the Parks and Recreation Department’s Lifeguard Unit has been or may have been exposed to infectious diseases or hazardous materials. F. Upon request, the Medical Director will maintain data regarding the status of employees who have been, or may have been, exposed to infectious diseases or hazardous materials. 88 Medical Director Services (2.7.24 SRW) FR24-029 14 G. Upon request, the Medical Director will provide oversight and instruction to assist in the preparation of personnel in the Fire and Emergency Service Department in professional competitions which may be selected by the Department. H. At his/her election, the Medical Director may utilize the services of a Licensed Physician Assistant who shall be designated as a Deputy Medical Director to facilitate the delivery of the services enumerated in the Medical Director’s contract. However, responsibility for the efficient delivery of these services shall remain with the Medical Director and no increase in the annual fee shall occur based on this election. I. The Medical Director will oversee and provide instruction during department scheduled in-service training, for a minimum of six hours per month. IV. RESPONSIBILITIES OF CITY A. Appropriate communications equipment such as a portable radio, digital pager, cell phone, etc., may be provided to the Medical Director, if applicable, by the City. All equipment shall remain the property of the City. B. The Fire and Emergency Medical Services Department will provide limited administrative and secretarial support to the Medical Director through the Office of the Fire Chief. C. The Fire and Emergency Medical Services Department, through the Office of the Fire Chief and the Parks and Recreation Department, shall cooperate to the greatest possible extent in the delivery of competent emergency medical care, including implementation of the policies established by the Medical Director and approved by the Fire Chief. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 89 Medical Director Services (2.7.24 SRW) FR24-029 15 EXHIBIT B BUSINESS ASSOCIATE AGREEMENT WITH CITY OF BOYNTON BEACH This Business Associate Agreement (“BAA”) is entered into between the undersigned entity (“Business Associate”) and City of Boynton Beach (“City”). RECITALS A. Business Associate provides services related to the operation of certain activities/programs that involve the use or disclosure of Protected Health Information (“PHI”). B. The operation of such activities/programs is subject to the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the American Recovery and Reinvestment Act of 2009 (“ARRA”), and the Health Information Technology for Economic and Clinical Health Act (“HITECH”). C. HIPAA, ARRA, and HITECH mandate that certain responsibilities of contractors with access to PHI be documented through a written agreement. D. City and Business Associate desire to comply with the requirements of HIPAA, ARRA, and HITECH and acknowledge their respective responsibilities. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1: Definitions 1.1 All terms used in this BAA not otherwise defined herein shall have the meanings stated in the Privacy and Security Rules, 45 C.F.R. Parts 160, 162, 164, and 42 U.S.C. § 17921. 1.2 “HIPAA Laws” means collectively HIPAA, ARRA, HITECH, 42 C.F.R. Part 2 (if applicable), and the related regulations and amendments. 1.3 “Penalties” as used in Section 4.21 below is defined as civil penalties that may be applied to the Business Associate and its workforce members by the Secretary (“Secretary”) of Health and Human Services (“HHS”). The amount of the penalties range depending on the type of violation. In determining penalties, the Secretary may take into account: a. the nature and extent of the violation; b. the nature and extent of harm resulting from such violation; c. the degree of culpability of the covered entity or business associate; d. the history of prior compliance with the administrative simplification provision including violations by the covered entity or business associate; e. the financial condition of the covered entity or business associate; and f. such other matters as justice may require. 1.4 “Master Agreement” means the separate, written, executed agreement between C ity and the Business Associate, if any, that involves the use or disclosure of PHI and that is identified on the signature page below. 90 Medical Director Services (2.7.24 SRW) FR24-029 16 1.5 When the term “PHI” is used in this BAA, it includes electronic Protected Health Information (also known as “EPHI”). Section 2: Effective Dates This BAA shall become effective the earliest of the following: (a) the effective date of the Master Agreement; (b) the date this BAA is executed by the Parties; or (c) the date Business Associate begins to receive PHI for purposes of this BAA (the “Effective Date”). Section 3: Confidentiality 3.1 City and Business Associate shall comply with all federal and state laws governing the privacy and security of PHI. 3.2 ☐ If this box is checked, this BAA also constitutes a Qualified Service Organization Agreement, and City and Business Associate are required to comply with 42 C.F.R. Part 2 with respect to patient identifying information concerning substance use disorder treatment. Accordingly, information obtained by Business Associate relating to individuals who may have been diagnosed as needing, or who have received, substance use disorder treatment services shall be maintained and used only for the purposes intended under this BAA and in conformity with all applicable provisions of 42 C.F.R. Part 2. If necessary, Business Associate will resist any efforts in judicial proceedings to obtain access to PHI except as permitted by 42 C.F.R. Part 2. Section 4: Obligations and Activities of Business Associate Use and Disclosure of PHI 4.1 Business Associate shall not use or disclose PHI other than as permitted or required by this BAA or as required by law. Business Associate may: a. Use and disclose PHI only as necessary to perform its obligations under the Master Agreement or this BAA, provided that such use or disclosure would not violate HIPAA Laws if done by City; b. Use the PHI received in its capacity as a Business Associate of C ity for its proper management and administration and to fulfill any legal responsibilities of Business Associate; c. Disclose PHI in its possession to a third party for the proper management and administration of Business Associate, or to fulfill any legal responsibilities of Business Associate, provided that the disclosure would not violate HIPAA Laws if made by City or is required by law, and Business Associate has received from the third party written assurances that (i) the information will be kept confidential and used or further disclosed only for the purposes for which it was disclosed to the third party or as required by law; (ii) the third party will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information may have been breached; and (iii) the third party has agreed to implement reasonable and appropriate steps to safeguard the information; d. Use PHI to provide data aggregation activities relating to the operations of City; and e. De-identify any and all PHI created or received by Business Associate under the Master Agreement or this BAA, provided that the de-identification conforms to the requirements of the HIPAA Laws. 91 Medical Director Services (2.7.24 SRW) FR24-029 17 4.2 Business Associate is prohibited from selling PHI, using PHI for marketing purposes, or attempting to re-identify any PHI information in violation of HIPAA Laws. Business Associate agrees to comply with the “Prohibition on Sale of Electronic Health Records or Protected Health Information,” as provided in Section 13405(d) of Subtitle D (Privacy) of ARRA, the “Conditions on Certain Contracts as Part of Health Care Operations,” as provided in Section 13406 of Subtitle D (Privacy) of ARRA, and related guidance issued by the Secretary from time to time. 4.3 Business Associate acknowledges that, effective on the Effective Date of this BAA, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. §§ 1320d -5 and 1320d-6, as amended, for failure to comply with any of the use a nd disclosure requirements of this BAA or any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. Administrative, Physical, and Technical Safeguards 4.4 Business Associate shall implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R. § 164.310, the technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at 45 C.F.R. § 164.316, to reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that it creates, receives, maintains, or transmits on behalf of City. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to C ity, and (b) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. §§ 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements. 4.5 Business Associate shall require all of its subcontractors, agents, and other third parties that receive, use, transmit, maintain, store, or have access to PHI to agree, in writing, to the same restrictions, conditions, and requirements that apply to Busin ess Associate pursuant to this BAA and the HIPAA Laws. Access of Information; Amendment of Information; Accounting of Disclosures 4.6 Business Associate shall make available to C ity all PHI in designated record sets within ten (10) days after City’s request to enable City to meet the requirements under 45 C.F.R. § 164.524. 4.7 Business Associate shall make any amendments to PHI in a designated record set as directed or agreed to by City pursuant to 45 C.F.R. § 164.526, and in the time and manner reasonably designated by City. 4.8 Business Associate agrees to comply with an individual’s request to restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522, except where such use, disclosure, or request is required or permitted under applicable law. 4.9 Business Associate agrees that, when requesting, using, or disclosing PHI in accordance with 45 C.F.R. § 164.502(b)(1), such request, use, or disclosure shall be to the minimum extent necessary, including the use of a “limited data set” as defined in 45 C.F.R. § 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time. 4.10 Business Associate shall timely document such disclosures of PHI and maintain information related to such disclosures as would be required for City to respond to an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. Further, Business Associate shall provide 92 Medical Director Services (2.7.24 SRW) FR24-029 18 to City an accounting of all disclosures of PHI during the term of this BAA within ten (10) days after termination of this BAA, or sooner if reasonably requested by C ity for purposes of any monitoring/auditing compliance with HIPAA Laws. 4.11 Business Associate shall provide City, or an individual under procedures approved by C ity, information and documentation collected in accordance with the preceding section to respond to an individual requesting an accounting for disclosures as provided under 45 C.F.R. § 164.528 or HIPAA Laws. Notification of Breach 4.12 Business Associate shall notify City of any impermissible access, acquisition, use, or disclosure of any Unsecured PHI (collectively and individually, a “Breach”) within twenty -four (24) hours after Business Associate discovering such Breach. “Unsecured PHI” shall refer to such PHI that is not secured through use of a technology or methodology specified by the Secretary that renders such PHI unusable, unreadable, or indecipherable to unauthorized individuals. A Breach of Unsecured PHI shall be treated as discovered by Business Associate as of the first day on which such Breach is known to the Business Associate or, by exercising reasonable diligence, would have been known to Business Associate, including any employee, officer, contractor, subcontractor, or other agent of Business Associate. I n addition, Business Associate’s notification under this section shall comply in all respects with each applicable provision the HIPAA Rules and all related guidance issued by the Secretary or the delegate of the Secretary from time to time. 4.13 Business Associate shall submit a written report of a Breach to C ity within ten (10) business days after initial notification, which report shall document the following: a. The identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate, to have been accessed, acquired, used, or disclosed during the Breach; b. A brief description of what occurred, including the date of the Breach, if known, and the date of the discovery of the Breach; c. A description of the types of Unsecured PHI that were involved in the Breach (such as full name, social security number, date of birth, home address, account number, diagnosis, etc.); d. A description of what is being done to investigate the Breach and to mitigate harm to individuals, and the reasonable and appropriate safeguards being taken to protect against future Breaches; e. Any steps City or the individual(s) impacted by the Breach should take to protect themselves from potential harm resulting from the Breach; f. Contact procedures for the Business Associate to enable individuals to ask questions or learn additional information, which may include, in the discretion of C ity, a toll-free telephone number, e-mail address, website, or postal address, depending upon the available contact information that Business Associate has for the affected individuals; and g. Any other reasonable information requested by C ity. 4.14 City, in its sole discretion, will determine whether C ity or Business Associate shall be responsible to provide notification to individuals whose Unsecured PHI has been impermissibly accessed, acquired, used, or disclosed, as well as to the Secretary and the media. Such notification shall be provided as follows: 93 Medical Director Services (2.7.24 SRW) FR24-029 19 a. Notification will be by first-class mail, or by electronic mail, if the individual has specified notice in the manner as a preference. b. Information may be posted on City’s and Business Associate’s website(s) where the Business Associate experienced, or is reasonably believed to have experienced, an impermissible access, acquisition, use, or disclosure of Unsecured PHI that compromised the security or privacy of more than ten (10) individuals when no other current information is available to inform such individuals. c. Notice shall be provided to prominent media outlets with information on an incident where the Business Associate experienced an impermissible access, acquisition, use or disclosure of Unsecured PHI that compromised the security or privacy of more than five hundred (500) individuals within the same state or jurisdiction. 4.15 In the event of the impermissible access, acquisition, use, or disclosure of Unsecured PHI in violation of the HIPAA Laws, Business Associate bears the burden of demonstrating that all notification(s) required by Sections 4.10 through 4.12 (as applicable) were made, including evidence demonstrating the necessity of any delay, or that the use or disclosure did not constitute a Breach of Unsecured PHI. 4.16 Business Associate shall pay the costs of providing all notification(s) required by Sections 4.12 through 4.14 (as applicable) of this BAA. Mitigation of Breach 4.17 Business Associate shall mitigate to the extent possible, at its own expense, any harmful effects that are known to Business Associate regarding any access, use, or disclosure of Unsecured PHI in violation of the requirements of this BAA or applicable law. 4.18 Business Associate shall take appropriate disciplinary action against any members of its workforce who use or disclose Unsecured PHI in any manner not authorized by this BAA or applicable law. 4.19 Business Associate shall have established procedures to investigate a Breach, mitigate losses, and protect against any future breaches, and shall provide such procedures and any specific findings of the investigation to City in the time and manner reasonably requested by City. 4.20 In the event of a Breach, Business Associate shall, in consultation with and at the direction of C ity, assist City in conducting a risk assessment of the Breach and mitigate, to the extent practicable, any harmful effects of such Breach known to Business Associate. Business Associate shall pay the costs for mitigating damages, including, but not limited to, the expe nses for credit monitoring, if City determines that the Breach warrants such measures. The mitigation described in this section shall be in addition to, and not in lieu of, any other remedy City may have for the Breach, including, but not limited to, indemnification and any action for damages available to C ity under contract or at law or in equity. 4.21 Business Associate is liable to City for any civil penalties imposed on City under the HIPAA Laws in the event of a violation of the HIPAA Laws as a result of any practice, behavior, or conduct of Business Associate or its agents or employees. 4.22 The requirement to comply with the Notification of Breach and Mitigation of Breach sections of this BAA shall survive the expiration or earlier termination of this BAA. 94 Medical Director Services (2.7.24 SRW) FR24-029 20 Available Books and Records 4.23 Business Associate shall make its internal practices and books, related to the Master Agreement or the BAA, including all policies and procedures required by HIPAA Laws, available to City within five (5) business days after the Effective Date. 4.24 Business Associate shall make its internal practices, books, and records, including all policies and procedures required by HIPAA Laws, relating to the use and disclosure of PHI received from C ity or created or received on behalf of City, available to City or to the Secretary or its designee within five (5) business days after request for the purposes of determining Business Associate’s compliance with HIPAA Laws. Section 5: Obligations of City 5.1 City shall notify Business Associate of any limitations in its notice of privacy practices in accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect the Business Associate’s use of PHI. 5.2 City shall notify Business Associate of any changes in, or revocation of, permission by an individual to use or disclose PHI, to the extent that such changes may affect Business Associate’s use of PHI. 5.3 City shall notify Business Associate of any restriction to the use or disclosure of PHI to which C ity has agreed in accordance with 45 C.F.R. § 164.522, to the extent that such changes may affect Business Associate’s use of PHI. 5.4 City shall not request Business Associate use or disclose PHI in any manner that would not be permissible under the HIPAA Laws if done by City. 5.5 City may report, at least annually, any impermissible access, use, or disclosure of unsecured PHI by Business Associate to the Secretary as required by HIPAA Laws. Section 6: Term and Termination 6.1 This BAA shall be effective upon the Effective Date, and shall terminate upon the later of (a) expiration or earlier termination of the Master Agreement, or (b) return or destruction of all PHI within the possession or control of the Business Associate as a result of the Master Agreement or this BAA. 6.2 Upon City’s knowledge of a material breach of this BAA by Business Associate, C ity may: a. Provide an opportunity for Business Associate to cure the breach within the time for cure set forth in City’s written notice to Business Associate, and terminate if Business Associate does not cure the breach within the time specified by City; or b. Immediately terminate this BAA and the Master Agreement if Business Associate has breached a material term of this BAA and a cure is not possible; or c. If neither termination nor cure is feasible, City shall report the violation to the Secretary of HHS. 6.3 Upon expiration or termination of the Master Agreement, Business Associate agrees, at C ity’s option, to return to City or destroy all PHI gathered, created, received, or processed pursuant to the Master Agreement or this BAA. No PHI related to the Master Agreement or this BAA will be retained by Business Associate, or a contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted in writing by C ity. 95 Medical Director Services (2.7.24 SRW) FR24-029 21 6.4 If returning or destroying PHI is infeasible, Business Associate shall provide to C ity a written statement that it is infeasible to return or destroy the PHI and describe the conditions that make return or destruction of the PHI infeasible. Under that circumstance, Business Associate shall extend the protections of this BAA to the PHI retained and limit further uses and disclosures of such PHI to those purposes that make return or destruction infeasible, for so long as Business Associate maintains the PHI. Business Associate’s obligations under this section shall survive termination of this BAA. Section 7: Miscellaneous 7.1 Amendment. City and Business Associate shall take such action as is necessary to amend this BAA for City to comply with the requirements of HIPAA Laws or other applicable law. 7.2 Interpretation. Any ambiguity in this BAA shall be resolved to permit City to comply with HIPAA Laws. Any inconsistency between the HIPAA Laws, as interpreted by the HHS, a court, or another regulatory agency with authority over the Parties, and this BAA shall be interpreted in favor of the HIPAA Laws as interpreted by the HHS, the court, or the regulatory agency. Any provision of this BAA that differs from the requirements of the HIPAA Laws, but is nonetheless permitted by the HIPAA Laws, shall be adhered to as stated in this BAA. 7.3 Florida Electronic Health Records Exchange Act. If Business Associate is a healthcare provider, as that term is used in Section 408.051(2), Florida Statutes, Business Associate shall comply with the requirements of the Florida Electronic Health Records Exchange Act (“FEHREA”), Section 408.051, Florida Statutes. The requirement to comply with this provision and FEHREA shall survive the expiration or earlier termination of this BAA. 7.4 Successors and Assignment. This BAA will be binding on the successors and assigns of City and Business Associate. However, this BAA may not be assigned, in whole or in part, without the written consent of the other Party. Any attempted assignment in violation of this provision shall be null and void. 7.5 Standard Agreement Terms and Conditions. The terms and conditions of the Master Agreement are expressly incorporated as if fully set forth herein: The remainder of this page is intentionally blank. 96 Medical Director Services (2.7.24 SRW) FR24-029 22 BUSINESS ASSOCIATE AGREEMENT WITH CITY OF BOYNTON BEACH WHEREAS, the Parties have made and executed this Business Associate Agreement on the respective dates under each signature: City of Boynton Beach, through its City Manager, authorized to execute same, and Business Associate, signing by and through its _President_______, duly authorized to execute same. Master Agreement: Professional Services Agreement Between the City of Boynton Beach And Elite Medical Specialists, LLC, For Medical Services Director. CITY CITY OF BOYNTON BEACH _________________________________ Daniel Dugger, City Manager Approved as to Form: _________________________________ Shawna G. Lamb, Office of the City Attorney 97 Medical Director Services (2.7.24 SRW) FR24-029 23 BUSINESS ASSOCIATE AGREEMENT WITH CITY OF BOYNTON BEACH BUSINESS ASSOCIATE Entity Name: Elite Medical Specialists, LLC Signature: Print Name: Kenneth A Scheppke, MD Title: President Date: February 8, 2024 Business Associate Contact information: Contact person: Kenneth A Scheppke Address: PO Box 2764 Jupiter FL 33468 Telephone: 561-436-2291 E-mail: KScheppke@EliteMedical.net 98 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-043- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding adding the language for the new group insurance retroactively effective October 1, 2023. Proposed Resolution No. R24-044- Approve the Memorandum of Understanding (MOU) between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit regarding adding the language for the new group insurance retroactively effective October 1, 2023. Requested Action: Staff recommends approval of Proposed Resolution No. R24-043 and Resolution No. R24- 044. Explanation of Request: On September 25, 2023, the City Commission approved a new group medical, dental, and vision plan to commence on October 1, 2023. The City and SEIU Public Services Union engaged in impact bargaining on November 30, 2023, regarding City policies and practices related to group insurance for White Collar and Blue Collar units. How will this affect city programs or services? Provides bargaining unit members and management with direction on the current terms and conditions of group insurance which are in effect. Fiscal Impact: There is no non-budgeted fiscal impact. The changes made to the collective bargaining agreements include the revision of the effective dates to match the contract year and the inclusion of the new health plans. Attachments: Resolution No. R24-043- SEIU MOU White Collar (2).docx Agenda Item 1254-2023 Exhibit A - White Collar Resolution No. R24-044- SEIU MOU- Blue Collar.docx Agenda Item 1254-2023 Exhibit A - Blue Collar 99 S:\CA\RESO\Resolutions 2024\March 5, 2024\SEIU MOU White Collar RESOLUTION NO. R24-0431 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO EXECUTE A MEMORANDUM OF 5 UNDERSTANDING WITH SEIU FLORIDA PUBLIC SERVICES 6 UNION, CTW, CLC- WHITE COLLAR UNIT AMENDING 7 ARTICLE 25 – INSURANCE PROVISION OF THE COLLECTIVE 8 BARGAINING AGREEMENT; AND PROVIDING AN EFFECTIVE 9 DATE.10 11 WHEREAS, on August 15, 2023, the City Commission approved a Collective 12 Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC-13 White Collar Unit; and14 WHEREAS, on September 25, 2023, the City Commission approved a new Group 15 Medical, Dental, and Vision plan to commence on October, 1, 2023; and16 WHEREAS, the Union and the City engaged in impact bargaining on November 17 30, 2023, regarding City policies and practices to Group Insurance; and18 WHEREAS, the City and Union agree to modify Article 25 – Insurance provision 19 of the October 1, 2023, to September 30, 2026 Collective Bargaining Agreement; and20 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 21 the best interests of the residents and citizens of the City to approve and authorize the City 22 Manager to execute a Memorandum of Understanding with SEIU Florida Public Services 23 Union, CTW, CLC- White Collar Unit amending Article 25 – Insurance provision of the 24 collective bargaining agreement. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT:27 SECTION 1.The foregoing "WHEREAS" clauses are true and correct and hereby 28 ratified and confirmed by the City Commission.29 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the City Manager execute a Memorandum of 31 Understanding with SEIU Florida Public Services Union, CTW, CLC-32 White Collar Unit, attached hereto and incorporated herein by reference as 33 “Exhibit A.”34 SECTION 3.This Resolution will become effective immediately upon passage.35 100 S:\CA\RESO\Resolutions 2024\March 5, 2024\SEIU MOU White Collar 36 PASSED AND ADOPTED this 5th day of March 2024.37 CITY OF BOYNTON BEACH, FLORIDA38 39 YES NO40 41 Mayor – Ty Penserga _____ _____42 43 Vice Mayor – Thomas Turkin _____ _____44 45 Commissioner – Angela Cruz _____ _____46 47 Commissioner – Woodrow L. Hay _____ _____48 49 Commissioner – Aimee Kelley _____ _____50 51 VOTE ______52 53 ATTEST:54 55 56 ___________________________________________________________57 Maylee De Jesús, MPA, MMC Ty Penserga58 City Clerk Mayor59 60 APPROVED AS TO FORM:61 (Corporate Seal)62 63 _______________________________64 Shawna G. Lamb65 City Attorney66 67 101 102 103 104 S:\CA\RESO\Resolutions 2024\March 5, 2024\SEIU MOU Blue Collar RESOLUTION NO. R24-0441 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO EXECUTE A MEMORANDUM OF 5 UNDERSTANDING WITH SEIU FLORIDA PUBLIC SERVICES 6 UNION, CTW, CLC - BLUE COLLAR UNIT, AMENDING 7 ARTICLE 25 – INSURANCE PROVISION OF THE COLLECTIVE 8 BARGAINING AGREEMENT; AND PROVIDING AN EFFECTIVE 9 DATE.10 11 WHEREAS, on May 16, 2023, the City Commission approved a Collective 12 Bargaining Agreement between SEIU Florida Public Services Union, CTW, CLC – Blue 13 Collar Unit; and14 WHEREAS, on September 25, 2023, the City Commission approved a new Group 15 Medical, Dental, Vision plan to commence on October 1, 2023; and 16 WHEREAS, the City and Union agree to modify Article 25- Insurance provision 17 of the May 1, 2023, to April 30, 2026 Collective Bargaining Agreement; and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 19 the best interests of the residents and citizens of the City to approve and authorize the City 20 Manager to execute a Memorandum of Understanding with SEIU Florida Public Services 21 Union, CTW, CLC –Blue Collar Unit, amending Article 25 – Insurance provision of the 22 collective bargaining agreement. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH, FLORIDA, THAT:25 SECTION 1.The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission.27 SECTION 2.The City Commission of the City of Boynton Beach, Florida, does 28 hereby approve and authorize the City Manager execute a Memorandum of 29 Understanding with SEIU Florida Public Services Union, CTW, CLC - Blue 30 Collar Unit, attached hereto and incorporated herein by reference as 31 “Exhibit A”.32 SECTION 3.This Resolution will become effective immediately upon passage.33 PASSED AND ADOPTED this 5th day of March 2024.34 CITY OF BOYNTON BEACH, FLORIDA35 105 S:\CA\RESO\Resolutions 2024\March 5, 2024\SEIU MOU Blue Collar 36 YES NO37 38 Mayor – Ty Penserga _____ _____39 40 Vice Mayor – Thomas Turkin _____ _____41 42 Commissioner – Angela Cruz _____ _____43 44 Commissioner – Woodrow L. Hay _____ _____45 46 Commissioner – Aimee Kelley _____ _____47 48 VOTE ______49 50 ATTEST:51 52 53 ___________________________________________________________54 Maylee De Jesús, MPA, MMC Ty Penserga55 City Clerk Mayor56 57 APPROVED AS TO FORM:58 (Corporate Seal)59 60 _______________________________61 Shawna G. Lamb62 City Attorney63 64 106 107 108 109 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-045- Approve and authorize the City Manager to sign a Memorandum of Understanding (MOU) as an addendum to the White Collar SEIU Collective Bargaining Agreement, between the City of Boynton Beach and SEIU Florida Public Services Union, CTW, CLC White Collar Unit regarding wages and classifications for the Communication Dispatch Division of the Police Department. Requested Action: Staff recommends approval of Proposed Resolution No. R24-045. Explanation of Request: On August 15, 2023, the City Commission ratified the collective bargaining agreement for the City's SEIU White Collar employees. The City and SEIU Public Services Union engaged in impact bargaining relating to the wages and classifications for the Communication Dispatch Division of the Police Department. The City and the Union desire to memorialize their agreement to include the foregoing positions in the White Collar bargaining unit and to set forth their respective pay plans included in the MOU. How will this affect city programs or services? It will help with the recruitment and retention of employees within the Communications Dispatch Divisions, which in turn will allow the department to maintain a high level of service to the residents of Boynton Beach and neighboring cities. Fiscal Impact: The pay increases were negotiated within the SEIU White Collar bargaining agreement as follows: Year one (1) - 8% increase to the step due to the negotiated wage increase. Year two (2) - 5% increase to the step due to the negotiated wage increase. Year three (3) - 2% increase to the step due to the negotiated wage increase. Four employees in the Communications Department would receive adjustments to the proposed hourly rates in the attachment. While their adjustment increases their overall hourly rate and earning potential, the budgetary fiscal impact is only a net increase of approximately $5k (not taking into account overtime hours). Attachments: Resolution No. R24-045- SEIU_MOU_White_Collar__Communications__-_Reso.docx SEIU MOU - Communications Pay Plan - Signed.pdf 110 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A40B0B6B\@BCL@A40B0B6B.docx RESOLUTION R24-0451 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING 5 TO AMEND THE OCTOBER 1, 2023,THROUGH SEPTEMBER 30, 6 2026, WHITE COLLAR SEIU COLLECTIVE BARGAINING 7 AGREEMENT, BETWEEN THE CITY OF BOYNTON BEACH 8 AND SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC 9 WHITE COLLAR UNIT REGARDING WAGES AND 10 CLASSIFICATIONS FOR THE COMMUNICATION DISPATCH 11 DIVISION OF THE POLICE DEPARTMENT; AND PROVIDING 12 AN EFFECTIVE DATE.13 14 WHEREAS, on August 15, 2023, the City Commission ratified the collective 15 bargaining agreement for the City's SEIU White Collar employees; and16 WHEREAS, the City and SEIU Public Services Union engaged in impact 17 bargaining relating to the wages and classifications for the Communication Dispatch 18 Division of the Police Department; and19 WHEREAS,the City and the Union desire to memorialize their agreement to 20 include the Communications Operator positions in the White Collar bargaining unit and to 21 set forth their respective pay plans included in the Memorandum of Understanding; and22 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 23 the best interests of the residents and citizens of the City to approve and authorize the City 24 Manager to sign a Memorandum of Understanding to amend the October 1, 2023, through 25 September 30, 2026, White Collar SEIU Collective Bargaining Agreement, between the 26 City of Boynton Beach and SEIU Florida Public Services Union, CTC, CLC White Collar 27 unit regarding wages and classifications for the Communication Dispatch Division of the 28 Police Department.29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:31 Section 1.The foregoing "WHEREAS" clauses are true and correct and hereby 32 ratified and confirmed by the City Commission.33 Section 2.The City Commission of the City of Boynton Beach, Florida, does 34 hereby approve and authorize the City Manager to sign a Memorandum of Understanding35 to amend the October 1, 2023, through September 30, 2026, White Collar SEIU Collective 36 111 C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A40B0B6B\@BCL@A40B0B6B.docx Bargaining Agreement between the City of Boynton Beach and SEIU Florida Public 37 Services Union, CTC, CLC White Collar unit regarding wages and classifications for the 38 Communication Dispatch Division of the Police Department. A copy of the Memorandum 39 of Understanding is attached hereto and incorporated herein by reference as Exhibit "A."40 Section 3.This Resolution will become effective immediately upon passage.41 PASSED AND ADOPTED this 5th day of March 2024.42 CITY OF BOYNTON BEACH, FLORIDA43 44 YES NO45 46 Mayor – Ty Penserga _____ _____47 48 Vice Mayor – Thomas Turkin _____ _____49 50 Commissioner – Angela Cruz _____ _____51 52 Commissioner – Woodrow L. Hay _____ _____53 54 Commissioner – Aimee Kelley _____ _____55 56 VOTE ______57 58 ATTEST:59 60 61 ___________________________________________________________62 Maylee De Jesús, MPA, MMC Ty Penserga63 City Clerk Mayor64 65 APPROVED AS TO FORM:66 (Corporate Seal)67 68 _______________________________69 Shawna G. Lamb70 City Attorney71 72 112 113 114 115 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-046- Authorize the City Manager to approve the grant application, accept the grant, and execute all documents associated with the grant, subject to the approval of the City Attorney, for the Assistance to Firefighters Grant (AFG). Requested Action: Staff recommends approval of Proposed Resolution No. R24-046. Explanation of Request: The Fire Department is applying for the Assistance to Firefighters Grant (AFG). The program aims to fund equipment. The City is submitting an application for funding for the AFG. The requested grant funding for the project is up to $1,000,000 with a local match of 10%. The Notice of Funding Opportunity (Attachment 1) was published on January 29, 2024, and the application deadline is March 8, 2024. How will this affect city programs or services? The City of Boynton Beach is committed to the health and well-being of its residents, and finds it imperative to provide to the residents. Fiscal Impact: The AFG grant is expected to cost up to $1,000,000 overall throughout the project's lifecycle. Only 10% will be the City's fiscal responsibility, which will be added to the fiscal year 2025 budget. Attachments: Resolution No. R24-046- FEMA Assistance to Firefighters Grant.docx AFG Application Checklist.pdf FY 2023 AFG NOFO 508AB.pdf 116 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@BC0A56EB\@BCL@BC0A56EB.Docx RESOLUTION NO. R24-0461 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING THE GRANT APPLICATION TO DHS FEMA FOR 4 THE ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM (THE 5 “GRANT”), IN THE AMOUNT NOT TO EXCEED $1,000,000, WITH 6 A CITY MATCH NOT TO EXCEED 10 PERCENT; AUTHORIZING 7 THE CITY MANAGER TO EXECUTE THE APPLICATION, AND IF 8 AWARDED, THE GRANT AGREEMENT, SUBJECT TO REVIEW 9 FOR LEGAL SUFFICIENCY BY THE OFFICE OF THE CITY 10 ATTORNEY; AUTHORIZING THE CITY MANAGER TO TAKE 11 ALL ADMINISTRATIVE AND BUDGETARY ACTIONS 12 NECESSARY TO IMPLEMENT THE GRANT; AND AUTHORIZING 13 THE CITY MANAGER TO EXECUTE ANY AMENDMENTS TO THE 14 GRANT AGREEMENT THAT DO NOT INCREASE THE CITY'S 15 FINANCIAL OBLIGATIONS, SUBJECT TO REVIEW BY THE 16 OFFICE OF THE CITY ATTORNEY FOR LEGAL SUFFICIENCY; 17 AND PROVIDING AN EFFECTIVE DATE.18 19 20 WHEREAS,the Department of Homeland Security (DHS) and Federal Emergency 21 Management Agency (FEMA) have issued a Notice of Funding Opportunity for Fiscal Year 22 2023 Assistance to Firefighters Grant (AFG) Program, with a focus on enhancing the safety of 23 firefighters and, therefore, the public with respect to fire and fire-related hazards; and24 WHEREAS, the AFG Program provides financial assistance directly to eligible fire 25 departments, nonaffiliated emergency medical service (EMS) organizations, and State Fire 26 Training Academies (SFTAs) for critical training and equipment; and27 WHEREAS, the City’s Fire Department is applying for the Assistance to Firefighters28 Grant Program in the amount not to exceed $1,000,000, with a City match not to exceed 1029 percent, for the purpose of funding equipment; and30 WHEREAS, upon recommendation of staff, the City Commission finds it in the best 31 interest of the citizens and residents of the City of Boynton Beach to approve the grant 32 application to DHS FEMA for the Assistance to Firefighters Grant Program, in the amount not 33 to exceed $1,000,000, with a City match not to exceed 10%; authorize the City Manager to 34 execute the application, and if awarded, the Grant Agreement, subject to review for legal 35 sufficiency by the office of the City Attorney; authorize the City Manager to take all 36 administrative and budgetary actions necessary to implement the grant; and authorize the City 37 Manager to execute any amendments to the Grant Agreement that do not increase the City’s38 117 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@BC0A56EB\@BCL@BC0A56EB.Docx financial obligations, subject to review by the office of the City Attorney for legal sufficiency.39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 40 CITY OF BOYNTON BEACH, FLORIDA, THAT:41 SECTION 1.The foregoing “Whereas” clauses are hereby ratified and confirmed as 42 being true and correct and are hereby made a specific part of this Resolution 43 upon adoption hereof. 44 SECTION 2.The City Commission approvesthe grant application to DHS FEMA for 45 the assistance to Firefighters Grant Program, in the amount not to exceed 46 $1,000,000, with a City match not to exceed 10 percent; authorizing the City 47 Manager to execute the application, and if awarded, the Grant Agreement, 48 subject to review for legal sufficiency by the office of the City Attorney; 49 authorizing the City Manager to take all administrative and budgetary actions 50 necessary to implement the grant; and authorizing the City Manager to execute 51 any amendments to the Grant Agreement that do not increase the City’s52 financial obligations, subject to review by the office of the City Attorney for 53 legal sufficiency.54 SECTION 3.This Resolution shall become effective immediately upon passage.55 56 57 58 59 60 61 [signatures on following page]62 63 64 65 66 67 68 PASSED AND ADOPTED this 5th day of March 2024.69 118 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@BC0A56EB\@BCL@BC0A56EB.Docx CITY OF BOYNTON BEACH, FLORIDA70 71 YES NO72 73 Mayor – Ty Penserga _____ _____74 75 Vice Mayor – Thomas Turkin _____ _____76 77 Commissioner – Angela Cruz _____ _____78 79 Commissioner – Woodrow L. Hay _____ _____80 81 Commissioner – Aimee Kelley _____ _____82 83 VOTE ______84 85 ATTEST:86 87 88 ___________________________________________________________89 Maylee De Jesús, MPA, MMC Ty Penserga90 City Clerk Mayor91 92 APPROVED AS TO FORM:93 (Corporate Seal)94 95 _______________________________96 Shawna G. Lamb97 City Attorney98 119 1 FEMA - AFG Application Checklist Assistance to Firefighters Grants Application Checklist Completing this checklist will help you prepare your Assistance to Firefighters Grant (AFG) application. Collecting this information beforehand will reduce the time and energy needed to complete your application when the next grant cycle opens. AFG Program Application Checklist Table 1: SAM.gov Profile AFG Program Application Checklist Table 2: Applicant Characteristics Applicant Characteristics ☐Applicant type?☐Fire Department☐Nonaffiliated Emergency Medical Service (EMS)☐State Fire Training Academy (SFTA) ☐Is this grant application a Regional request? If yes, please list all eligible participating partners POC name(s), POC phone number(s), Employer Identification Number for each partner. Do you have a Memorandum of Understanding (MOU) with the participating partners? If yes, please upload the MOU with your application. Note: Community identification characteristic (e.g., Rural, Urban, Suburban) and the organizational status of the host applicant (e.g., Career, Combination, Volunteer) will be entered and used for the Regional application, SAM.gov Profile ☐Is your System for Award Management (SAM) registration current?☐Yes ☐No ☐What is the expiration date for your SAM registration? ☐Do you know your Unique Entity Identifier (UEI) number issued by SAM? ☐Has your E-Business point of contact in SAM established your organization in the FEMA Grants Outcomes (FEMA GO) System? ☐Have you registered in the FEMA GO System? Search the SAM.gov website to confirm you UEI number matches your SAM.gov registration. You will also find your expiration date through this search. Click here for help with FEMA GO registration. 120 AFG Program Application Checklist Learn more at fema.gov 2 Applicant Characteristics regardless of the composition of the participating partners. For additional information on Regional applications and MOU requirements, please refer to the AFG Program Notice of Funding Opportunity. ☐What kind of organization do you represent?☐All Paid/Career ☐Volunteer ☐Combination (Majority Career) ☐Combination (Majority Volunteer) ☐How many active firefighters does your department have who perform firefighting duties? ☐How many of your active firefighters are trained to the level of Firefighter I or equivalent? ☐Are you requesting training funds in this application to bring 100% of your firefighters into compliance with National Fire Protection Association (NFPA) 1001? ☐Which of the following standards does your organization meet regarding physicals? If physicals are not required, do not select any option. ☐Meets NFPA or 1582 Standard ☐Meets National Transportation Safety Board (NSTB) or U.S. Department of Transportation (DOT) standard ☐How many members in your department are trained to the level of Emergency Medical Responder or Emergency Medical Technician (EMT), Advanced EMT, or Paramedic? ☐Does your department have a Community Paramedic program? ☐How many stations are operated by your department? ☐Does your organization protect critical infrastructure of the state? ☐Do you currently report to the National Fire Incident Reporting System (NFIRS)? You will be required to report to NFIRS for the entire period of the grant. If yes, make note of your Fire Department Identifier (FDID) number. ☐Do you offer live fire training? AFG Program Application Checklist Table 3: Operating Budget Operating Budget ☐What is your operating budget for the current and two previous fiscal years? ☐What percentage of the declared operating budget is dedicated to personnel costs (salary, benefits, overtime costs, etc.)? ☐Does your department have any rainy-day reserves, emergency funds, or capital outlay? If yes, what is that ?f f ☐The percentage of your budget derived from: (whole percentage) Taxes % % % 121 AFG Program Application Checklist Learn more at fema.gov 3 Operating Budget Bond issues % % % EMS billing % % % Grants % % % Donations % % % Fund drives % % % Fee for service % % % Other (please explain ‘Other’ portion of the budget) % % % Total percentage must equal 100% Use the information above in your financial narrative. It is important that your application remain consistent throughout. When breaking down the budget, be sure to account for all funding received. (Budget breakdown should account for 100% of the budget.) Financial Need Narrative Describe your financial need and how consistent it is with AFG’s intent. Include details describing your organization’s financial distress such as summarizing budget constraints, unsuccessful attempts to secure other funding, and proving the financial distress is out of your control. This section must be no more than 4,000 characters. Click here for additional guidance in developing your narrative. ☐Does your organization intend to apply for an Economic Hardship Waiver? Please attach your request for a waiver to your application. Guidance for requesting waivers can be found here: https://www.fema.gov/sites/default/files/2020- 04/Eco_Hardship_Waiver_FPS_SAFER_AFG_IB_FINAL.pdf ☐Cost Share ☐Maintenance of effort Other Funding Sources ☐This fiscal year, are you receiving federal funding from any other grant program for the same purpose for which you are applying for this grant? ☐Yes ☐No ☐This fiscal year, are you receiving federal funding from any other grant program regardless of purpose? ☐Yes ☐No 122 FEMA - AFG Application Checklist Learn more at fema.gov 4 AFG Program Application Checklist Table 4: Applicant and Community Trends Applicant and Community Trends Injuries and fatalities Most recent full calendar year e.g., 2023 Previous calendar year e.g., 2022 A year before the previous calendar year e.g., 2021 ☐What is the total number of fire-related civilian fatalities in your jurisdiction over the past three calendar years? ☐What is the total number of fire-related civilian injuries in your jurisdiction over the past three calendar years? ☐What is the total number of line-of-duty member injuries in your jurisdiction over the past three calendar years? ☐What is the total number of members with self- inflicted fatalities over the past three calendar years? AFG Program Application Checklist Table 5: Vehicle Inventory Vehicle Inventory How many vehicles does your organization have in each of the type or class of vehicle listed below? You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Front Line Vehicle: a vehicle that is fully equipped and ready to respond to emergency calls (first due, second due, ready-reserve vehicle). Reserve Vehicle: a vehicle that is not fully equipped and not ready to respond. Do not list vehicles that are permanently out of service. Vehicle Inventory List the number of: Front Line Reserve Seated Positions Engines or Pumpers Ambulances Tankers or Tenders Aerial Apparatus Brush/Quick Attack Rescue Vehicles Additional vehicles 123 FEMA - AFG Application Checklist Learn more at fema.gov 5 How many Advanced Life Support response vehicles are in your fleet? ☐Is your department facing a new risk, expanding service to a new area, or experiencing an increased call volume? If yes, please explain. AFG Program Application Checklist Table 6: Community Description Community Description ☐Type of jurisdiction served ☐What type of community does your organization serve?☐Urban ☐Suburban ☐Rural ☐What is the square mileage of your first due response zone/jurisdiction served? ☐What percentage of your primary response area is protected by hydrants?% ☐What percentage of your primary response area is for the following: Agriculture, wild land, open space, or undeveloped properties % Commercial/industrial % Residential % ☐What is the permanent resident population of first-due response area? ☐Do you have a seasonal increase in population? If yes, what is your seasonal increase in population (number of people)? Community Description Narrative Please describe your organization and/or community that you serve. This section must be no more than 4,000 characters. Click here for additional guidance in developing your narrative. AFG Program Application Checklist Table 7: Call Volume Call Volume Please provide the total number of incidents that your organization responded to for each year of the previous three calendar year period. Include only those alarms which your organization was a primary responder and not second due or giving mutual aid. 124 Call Volume Note: Each incident must be counted only once regardless of the number of units or agencies that responded to that incident (e.g., a vehicle fire with entrapment and injuries may be counted as a vehicle fire or a rescue call or an EMS call, but not all three). Summary *How many responses per year by category? (Enter whole number(s) only. If you have no calls for any of the categories, enter 0) Most recent full calendar year e.g., 2023 Previous calendar year e.g., 2022 A year before the previous calendar year e.g., 2021 NFIRS Series 100: Fire NFIRS Series 200: Overpressure Rupture, Explosion, Overheat (No Fire) NFIRS Series 300: Rescue & Emergency Medical Service Incident NFIRS Series 400: Hazardous Condition (No Fire) NFIRS Series 500: Service Call NFIRS Series 600: Good Intent Call NFIRS Series 700: False Alarm & False Call NFIRS Series 800: Severe Weather & Natural Disaster NFIRS Series 900: Special Incident Type Fire * How many responses per year by category? (Enter whole number(s) only. If you have no calls for any of the categories, Enter 0) Most recent full calendar year e.g., 2023 Previous calendar year e.g., 2022 A year before the previous calendar year e.g., 2021 Of the NFIRS Series 100 calls, how many are "Structure Fire" (NFIRS Codes 111- 123)? Of the NFIRS Series 100 calls, how many are "Vehicle Fire" (NFIRS Codes 130-138)? Of the NFIRS Series 100 calls, how many are "Vegetation Fire" (NFIRS Codes 140- 143)? What is the total acreage of all vegetation fires? Enter whole numbers only. If you have no vegetation fires, enter 0. Rescue and Emergency Medical Service Incidents * How many responses per year by category? (Enter whole number(s) only. If you have no calls for any of the categories, Enter 0) Most recent full calendar year e.g., 2023 Previous calendar year e.g., 2022 A year before the previous calendar year e.g., 2021 Of the NFIRS Series 300 calls, how many are "Motor Vehicle Accidents" (NFIRS Codes 322-324)? Of the NFIRS Series 300 calls, how many are "Extrications from Vehicles" (NFIRS Code 352)? Of the NFIRS Series 300 calls, how many are "Rescues" (NFIRS Codes 300, 351, 353-381)? FEMA-AFG Application Checklist 6Learn more at fema.gov 125 Call Volume How many EMS-BLS Response Calls? How many EMS-ALS Response Calls? How many EMS-BLS Scheduled Transports? How many EMS-ALS Scheduled Transports? How many Community Paramedic Response Calls? Mutual and Automatic Aid * How many responses per year by category? (Enter whole number(s) only. If you have no calls for any of the categories, enter 0) Most recent full calendar year e.g., 2023 Previous calendar year e.g., 2022 A year before the previous calendar year e.g., 2021 How many times did your organization receive mutual aid? How many times did your organization receive automatic aid? How many times did your organization provide mutual aid? How many times did your organization provide automatic aid? Of the Mutual and Automatic Aid responses, how many were structure fires? AFG Program Application Checklist Table 8: Grant Request Details Grant Request Details ☐Are you requesting a Micro Grant? A Micro Grant is limited to $50,000 in federal resources. ☐Yes ☐No ☐Add Activity to Request Details ☐Equipment ☐Modify Facilities ☐Personal Protective Equipment (PPE) ☐Training ☐Wellness and Fitness ☐Grant Writer Fee ☐Vehicle Acquisition Please note that Fire Department and nonaffiliated EMS applicants applying for Operations and Safety Activities (Equipment, PPE, Modify Facilities, Wellness and Fitness, and Training) and that wish to apply for a vehicle must start a separate application. The number of applications that can be submitted in the same application cycle is limited based on the type of applicant/application selected. Please refer to the AFG funding notice for details. FEMA-AFG Application Checklist 7Learn more at fema.gov 126 AFG Program Application Checklist Learn more at fema.gov 8 Grant Request Details ☐Add Narratives to the Selected Activity Note: each narrative section must be no more than 4,000 characters. Click here for additional guidance in developing your narrative. ☐Project Description and Budget Narrative ☐Cost Benefit Narrative ☐Statement of Effect on Operations Narrative ☐Add Item(s) to Selected Activity Select items based on Activity (add quantity, unit price, budget class and description of item requested). Please see examples of questions below. ☐Answer additional questions based on Activity/item selected Additional questions vary based on the item and activity selected. Please see examples of questions below. AFG Program Application Checklist: Examples of Additional Questions Based on Selected Activity Additional Questions Table 1: Equipment Activity Equipment Activity 1. Add Item to Equipment Activity Add quantity, unit price, budget category and description of the item. What is the purpose of this request? ☐Obtain equipment to achieve minimum operational and deployment standards for existing missions ☐Replace noncompliant equipment to current standard ☐Obtain equipment for new mission ☐Upgrade technology to current standard ☐Will the equipment being requested bring the organization into voluntary compliance with a national standard? In your narrative statement, please explain how this equipment will bring the organization into voluntary compliance. ☐Yes ☐No ☐At what level of service will this equipment be used if awarded this grant?Select appropriate option ☐Is your department trained in the proper use of the equipment being requested?☐Yes ☐No ☐Are you requesting funding to be trained for this item(s)? (Funding for requested training should be requested as additional funding.) ☐Yes ☐No ☐If you are not requesting training funds through this application, will you obtain training for this equipment through other sources? ☐Yes ☐No 127 AFG Program Application Checklist Learn more at fema.gov 9 Additional Questions Table 2: Modify Facilities Activity Modify Facilities Activity 1. Add Project to Modify Facilities Activity Note: Additional Funding project must complement the Facility project. Do not select Additional Funding only. ☐Facility ☐Additional Funding Facility Identification Does this facility have a fire alarm system? ☐Yes ☐No Does this facility have a fire sprinkler system? ☐Yes ☐No Does this facility have a diesel/smoke removal system? ☐Yes ☐No ☐When did the last major renovation to this facility occur? Please enter date built if no renovations have occurred. MM/DD/YYYY 2.Add Item to the selected Project ☐Air Quality System(s) ☐Generator(s) (fixed/primary/backup) ☐Source Capture Exhaust System(s) ☐Sprinkler System(s) ☐Smoke/Carbon Monoxide/Alarm System(s) ☐What is the square footage of the area that your modification will directly affect? ☐Does the facility you wish to modify have a drive-through bay?☐Yes ☐No ☐What is the age of the facility that is being modified? ☐What type of facility will be modified?☐Station with sleeping quarters (to include marine fire facilities) ☐Station without sleeping quarters ☐Training facilities ☐Dispatch, administrative, maintenance, storage ☐What is the level of occupancy for the facility you wish to modify? Note: The occupancy is defined by the number of hours the facility is used within a single 24-hour time period. ☐Full-Time (24/7) ☐Part-Time (daily, but not 24/7) ☐Occasional If requesting Source Capture Exhaust System: ☐Will the installation of this unit upgrade, replace, or refurbish an existing system in place? ☐Yes ☐No 128 AFG Program Application Checklist Learn more at fema.gov 10 Additional Questions Table 3: PPE Activity PPE Activity 1. Add Item to PPE Add quantity, unit price, budget category, and description of the item ☐What is the purpose of this request?☐Increase supply for new hires and/or existing firefighters that do not have one set of turnout gear (PPE) or allocated seated positions (Self-Contained Breathing Apparatus [SCBA]). This includes replacing out of service PPE-Turnout Gear and SCBA. ☐Replace in-service or in-use damaged/unsafe/unrepairable PPE/SCBA to meet current standard. ☐Replace in-service/in-use/expired/noncompliant PPE/SCBA to current standard. ☐Replace PPE and SCBA to upgrade technology Are you requesting for members that currently do not have above-mentioned item? (for PPE only) ☐Yes ☐No Is your department trained in the proper use of the PPE/SCBA being requested? ☐Yes ☐No Are you requesting funding for training for this PPE/SCBA? ☐Yes ☐No If you are not requesting training funds through this application, will you obtain training for this PPE/SCBA through other sources? ☐Yes ☐No How many of your on-duty active members currently have PPE that meets applicable NFPA and Occupational Safety and Health Administration (OSHA) standards? Or how many of your seated riding positions currently have compliant SCBA assigned to it? ☐When requesting PPE (any PPE other than SCBA), what are the ages of your PPE in years? Years Old # of items 1 2 3 4 5 6 7 8 9 10 11 12 129 AFG Program Application Checklist Learn more at fema.gov 11 PPE Activity 13 14 15 16 17 18 19 20 21 22 23 24 25 or older When requesting SCBA, to which edition(s) of the NFPA standard are your SCBA compliant? Year Current Inventory Being Replaced SCBA Cylinder SCBA Cylinder 2018 Edition 2013 Edition 2007 Edition and older Obsolete/non-compliant Additional Questions Table 4: Training Activity Training Activity 1. Add Project to the Training Activity Provide a detailed description of the training program you selected. Generally, this program can best be categorized as: ☐Training that is evaluated using national or state standards ☐Training that does not result in certification How many personnel will be trained by this program? Generally, the training program provided under this grant will: ☐Bring your department into compliance with recommended NFPA or other national standards ☐Bring your department info compliance with mandates from national, state, or local training requirements ☐Address an identified risk for your department or community 130 AFG Program Application Checklist Learn more at fema.gov 12 Training Activity Will this training enhance your ability to perform mutual aid? ☐Yes ☐No Will this training include members from other fire departments and/or nonaffiliated EMS organizations? ☐Yes ☐No Will this training be: ☐Instructor-led ☐Self-directed/test-validated ☐None of the above 2. Add Item to the selected Training Project Enter quantity, unit price, budget category, and description Additional Questions Table 5: Wellness and Fitness Activity Wellness and Fitness Activity 1.Add Project to Wellness and Fitness Activity Note: Applicants that have some of the Priority 1 programs in place must apply for funds to implement the missing Priority 1 programs before applying for funds for any additional program or equipment within this activity. Please refer to the AFG funding notice for additional information. Does your organization currently offer this activity? Will this program be mandatory? Will this program be offered to all? Initial Physical Exam ☐Yes ☐No ☐Yes ☐No ☐Yes ☐No Job-Related Immunization Program ☐Yes ☐No ☐Yes ☐No ☐Yes ☐No Periodic Physical Exam/Health Screening ☐Yes ☐No ☐Yes ☐No ☐Yes ☐No Behavioral Health NFPA 1500 or equivalent ☐Yes ☐No ☐Yes ☐No ☐Yes ☐No Cancer Screening Program/Equipment ☐Yes ☐No ☐Yes ☐No ☐Yes ☐No 2. Add item to the selected Project Enter quantity, unit price, budget class, and description 131 AFG Program Application Checklist Learn more at fema.gov 13 Additional Questions Table 6: Vehicle Acquisition Activity Vehicle Acquisition Activity 1. Add Item to Vehicle Acquisition Enter quantity, unit price, budget class, and description If applying for more than one vehicle, please select ‘Add item to vehicle acquisition’ again for separate narrative sections and questions. If Additional Funding for the vehicle acquisition is needed, please use ‘+Add cost’ link located above vehicle description. Please provide the model year, pumping capacity, and carrying capacity for each vehicle within your organization's inventory. The list of vehicles will be prepopulated based on your inputs to the Applicant and Community trends section of the application. Vehicle Type or Class Model Year (e.g., 2002) Pumping Capacity (GPM) Carrying Capacity (gallons) Add Item to Vehicle Acquisition Activity Is the vehicle you propose to buy: ☐Replacement of an existing apparatus ☐New purchase Do you have a driver-training program equivalent to national or NFPA standards? ☐Yes ☐No Are you requesting funding for training specific to the vehicle acquisition? ☐Yes ☐No If awarded, will you develop and/or enforce standard operating policies/procedures that require: 1) all occupants to use seatbelts, 2) all drivers of the recipient's apparatus must adhere to all traffic signs, signals, and state traffic regulations? ☐Yes ☐No Will this vehicle be used on Automatic and/or Mutual Aid? ☐Automatic Aid ☐Mutual Aid ☐Both ☐None ☐How many vehicles of this type or class in your fleet were manufactured prior to 2002? If applying for fire apparatus, was the vehicle you are requesting to replace built before the applicable NFPA vehicle standard from 1992? ☐Yes ☐No 132 1 FY 2023 AFG NOFO The Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2023 Assistance to Firefighters Grant Program All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the system. Requesting a UEI using Sam.gov can be found at https://sam.gov/content/entity-registration. Grants.gov registration information can be found at https://www.grants.gov/web/grants/register.html. Planned UEI Updates in Grant Application Forms: On April 4, 2022, the Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by, the System for Award Management (SAM.gov). This new identifier is the Unique Entity Identifier (UEI). Additional Information can be found on Grants.gov. Table of Contents A. Program Description ................................................................................................................ 5 1. Issued By .......................................................................................................................... 5 2. Assistance Listings Number ............................................................................................ 5 3. Assistance Listings Title .................................................................................................. 5 4. Funding Opportunity Title ............................................................................................... 5 5. Funding Opportunity Number.......................................................................................... 5 6. Authorizing Authority for Program ................................................................................. 5 7. Appropriation Authority for Program .............................................................................. 5 8. Announcement Type ........................................................................................................ 5 9. Program Category ............................................................................................................ 5 10. Program Overview, Objectives, and Priorities ................................................................ 5 11. Performance Measures ..................................................................................................... 6 B. Federal Award Information ..................................................................................................... 7 1. Available Funding for the NOFO: $324 million............................................................. 7 2. Projected Number of Awards: 2,000 ............................................................................. 7 3. Period of Performance: 24 months .............................................................................. 7 4. Projected Period of Performance Start Date(s): N/A ...................................................... 8 5. Projected Period of Performance End Date(s): N/A ....................................................... 8 6. Funding Instrument Type: Grant ................................................................................. 8 C. Eligibility Information ............................................................................................................. 8 1. Eligible Applicants........................................................................................................... 8 2. Applicant Eligibility Criteria ........................................................................................... 9 3. Other Eligibility Criteria/Restrictions .............................................................................. 9 a. National Fire Incident Reporting System (NFIRS) ..................................................... 9 133 2 FY 2023 AFG NOFO b. National Incident Management System (NIMS) ....................................................... 10 4. Maintenance of Effort (MOE) ....................................................................................... 10 5. Cost Share or Match....................................................................................................... 10 a. Types of Cost Share ........................................................................................ 11 b. Economic Hardship Waivers ..................................................................................... 11 D. Application and Submission Information .............................................................................. 11 1. Key Dates and Times ..................................................................................................... 11 a. Application Start Date: January 29, 2024 at 8 a.m. ET ......................................... 11 b. Application Submission Deadline: March 8, 2024 at 5 p.m. ET ............................. 11 c. Anticipated Funding Selection Date: ........................................................................ 12 d. Anticipated Award Date: ........................................................................................ 12 e. Other Key Dates ........................................................................................ 12 2. Agreeing to Terms and Conditions of the Award .......................................................... 12 3. Address to Request Application Package ...................................................................... 12 5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application ......................................................... 13 6. Electronic Delivery ........................................................................................................ 14 7. How to Register to Apply .............................................................................................. 14 a. General Instructions: ........................................................................................ 14 b. Obtain an UEI Number: ........................................................................................ 14 c. Obtain Employer Identification Number ................................................................... 15 d. Create a login.gov account: ....................................................................................... 15 e. Register with SAM: ........................................................................................ 15 f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR: ........................................................................................ 16 8. Submitting the Application ............................................................................................ 16 9. Timely Receipt Requirements and Proof of Timely Submission .................................. 16 10. Content and Form of Application Submission ............................................................... 17 a. Standard Required Application Forms and Information ........................................... 17 b. Program-Specific Required Forms and Information ................................................. 17 11. Funding Restrictions and Allowable Costs .................................................................... 18 a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services ........................................................................................ 18 b. Pre-Award Costs ........................................................................................ 20 c. Management and Administration (M&A) Costs ....................................................... 20 d. Indirect Facilities & Administrative (F&A) Costs .................................................... 20 e. Other Direct Costs ........................................................................................ 21 E. Application Review Information ........................................................................................... 22 1. Application Evaluation Criteria ..................................................................................... 22 a. Programmatic Criteria ........................................................................................ 22 b. Financial Integrity Criteria ........................................................................................ 23 c. Supplemental Financial Integrity Criteria and Review ............................................. 23 2. Review and Selection Process ....................................................................................... 24 a. Pre-Scoring Process ........................................................................................ 24 b. Peer Review Panel Process ........................................................................................ 24 c. Technical Evaluation Process (TEP) ......................................................................... 25 134 3 FY 2023 AFG NOFO F. Federal Award Administration Information .......................................................................... 26 1. Notice of Award ............................................................................................................. 26 2. Difference between Application Request and Award .................................................... 26 3. Turndown Notifications ................................................................................................. 26 4. Administrative and National Policy Requirements ........................................................ 26 a. DHS Standard Terms and Conditions ....................................................................... 27 b. Ensuring the Protection of Civil Rights .................................................................... 27 c. Environmental Planning and Historic Preservation (EHP) Compliance ................... 27 5. Reporting........................................................................................................................ 29 a. Financial Reporting Requirements ............................................................................ 29 b. Programmatic Performance Reporting Requirements ............................................... 29 c. Closeout Reporting Requirements ............................................................................. 30 d. Additional Reporting Requirements .......................................................................... 31 G. DHS Awarding Agency Contact Information ....................................................................... 33 1. Contact and Resource Information ................................................................................ 33 a. AFG Program Office Contact .................................................................................... 33 b. FEMA Grants News ........................................................................................ 33 c. Grant Programs Directorate (GPD) Award Administration Division ....................... 34 d. FEMA Regional Offices ........................................................................................ 34 e. Equal Rights ........................................................................................ 34 f. Environmental Planning and Historic Preservation .................................................. 34 2. Systems Information ...................................................................................................... 34 a. FEMA GO ........................................................................................ 34 H. Additional Information .......................................................................................................... 34 1. Termination Provisions .................................................................................................. 34 a. Noncompliance ........................................................................................ 34 b. With the Consent of the Recipient ............................................................................ 35 c. Notification by the Recipient .................................................................................... 35 2. Program Evaluation ....................................................................................................... 35 3. Period of Performance Extensions ................................................................................. 36 4. Disability Integration ..................................................................................................... 37 5. Conflicts of Interest in the Administration of Federal Awards or Subawards ............... 38 6. Procurement Integrity .................................................................................................... 38 a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 ......................... 39 b. Competition and Conflicts of Interest ....................................................................... 39 c. Supply Schedules and Purchasing Programs ............................................................. 41 d. Procurement Documentation ..................................................................................... 42 7. Financial Assistance Programs for Infrastructure .......................................................... 43 a. Build America, Buy America Act ............................................................................. 43 b. Waivers ........................................................................................ 43 c. Definitions ........................................................................................ 44 8. Record Retention ........................................................................................................... 45 a. Record Retention Period ........................................................................................ 45 b. Types of Records to Retain ....................................................................................... 45 9. Actions to Address Noncompliance ............................................................................... 46 10. Audits ............................................................................................................................. 47 135 4 FY 2023 AFG NOFO 11. Payment Information ..................................................................................................... 48 12. Whole Community Preparedness ................................................................................... 48 13. Appendix A – FY 2023 AFG Program Updates ............................................................ 49 14. Appendix B – Programmatic Information and Priorities ............................................... 51 a. Ineligible Applications and/or Organizations ............................................................ 51 b. Supporting Definitions for this NOFO ...................................................................... 52 c. Community Classifications ....................................................................................... 53 d. Application Tips ........................................................................................ 54 e. Restrictions on Uses of Award Funds ........................................................................ 54 f. Funding Priorities ........................................................................................ 55 g. Regional Applications ........................................................................................ 74 h. Vehicle Acquisition ........................................................................................ 76 15. Appendix C – Award Administration Information ........................................................ 82 a. Help FEMA Prevent Fraud, Waste, and Abuse ......................................................... 82 b. Economic Hardship Waivers of Cost Share and Maintenance of Effort ................... 82 c. Grant Writer/Preparation Fees ................................................................................... 82 d. Maintenance and Sustainment for AFG Programs .................................................... 83 e. Taxes, Fees, Levies, and Assessments ...................................................................... 84 f. Excess Funds ........................................................................................ 84 g. Payments and Amendments ...................................................................................... 85 h. Disposition of Grant Funded Equipment ................................................................... 87 136 5 FY 2023 AFG NOFO A. Program Description 1. Issued By U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA)/Grant Programs Directorate (GPD) 2. Assistance Listings Number 97.044 3. Assistance Listings Title Assistance to Firefighters Grant (AFG) 4. Funding Opportunity Title Fiscal Year 2023 Assistance to Firefighters Grant (AFG) 5. Funding Opportunity Number DHS-23-GPD-044-00-98 6. Authorizing Authority for Program Section 33 of the Federal Fire Prevention and Control Act of 1974, Pub. L. No. 93-498, as amended (15 U.S.C § 2229) 7. Appropriation Authority for Program Title III, Division F of the Department of Homeland Security Appropriations Act, 2023 (Pub. L. No. 117-328) 8. Announcement Type Initial 9. Program Category Preparedness: Fire and Life Safety 10. Program Overview, Objectives, and Priorities a. Overview The Fiscal Year (FY) 2023 Assistance to Firefighters Grant (AFG) Program is one of three grant programs that constitute the Department of Homeland Security (DHS), Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the safety of the firefighters and therefore public with respect to fire and fire-related hazards. The AFG Program provides financial assistance directly to eligible fire departments, nonaffiliated emergency medical service (EMS) organizations, and State Fire Training Academies (SFTAs) for critical training and equipment. The AFG Program has awarded approximately $8.4 billion in grant funding to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. Since FY 2018, the AFG Program has awarded more than 600 fire apparatuses, 102,000 personal protective equipment items, and 124,000 other fire equipment to more than 3,800 unique recipients. During the same period, the AFG Program awarded 588 recipients approximately $90 137 6 FY 2023 AFG NOFO million to modify department facilities or implement wellness and fitness priorities to protect firefighter health. Information about success stories for this program can be found at Assistance to Firefighters Grants Program | FEMA.gov. The AFG Program represents part of a comprehensive set of measures authorized by Congress and implemented by DHS. Among the five basic homeland security missions noted in the DHS Strategic Plan for Fiscal Years 2020-2024, the AFG Program supports the goal to Strengthen Preparedness and Resilience. In awarding grants, the FEMA Administrator is required to consider: • The findings and recommendations of the Technical Evaluation Panel (TEP); • The degree to which an award will reduce deaths, injuries and property damage by reducing the risks associated with fire related and other hazards; • The extent of an applicant’s need for an AFG Program grant and the need to protect the United States as a whole; and • The number of calls requesting or requiring a firefighting or emergency medical response received by an applicant. The 2022-2026 FEMA Strategic Plan creates a shared vision for the field of emergency management and sets an ambitious, yet achievable, path forward to unify and further professionalize emergency management across the country. The AFG Program directly supports Goal 3 to Promote and Sustain a Ready FEMA and Prepared Nation. We invite all our stakeholders and partners to join us in building a more prepared and resilient nation. b. Objectives The goal of the AFG Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards. The objectives of the AFG Program are to provide critically needed resources that equip and train emergency personnel to recognized standards, outfit responders with compliant personal protective equipment to increase responders’ physical protection against hazards during incident response, provide funding to retrofit or modify facilities to protect personnel from known health hazards, acquire emergency response vehicles, design and implement health, wellness and resiliency programs that prepare responders for incident response, enhance operational efficiencies, foster interoperability, and support community resilience. c. Priorities Information on program priorities and objectives for the FY 2023 AFG Program can be found in Appendix B – Programmatic Information and Priorities. 11. Performance Measures The grant recipient is required to collect data to allow FEMA to measure performance of the awarded grant in supporting AFG Program metrics, which are tied to the programmatic objectives and priorities. To measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient must submit sufficient information to demonstrate it has met the performance goal as stated in its award. FEMA will measure the recipient’s performance of the grant by 138 7 FY 2023 AFG NOFO comparing the number of items, supplies, projects, and activities needed and requested in its application with the number acquired and delivered by the end of the period of performance using the following programmatic metrics: • Percentage of AFG Program personal protective equipment (PPE) recipients who equipped 100% of on-duty active members with PPE in compliance with applicable NFPA and Occupational Safety and Health Administration (OSHA) standards. • Percentage of AFG Program equipment recipients who reported that the grant award brought them into compliance with either state, local, NFPA or OSHA standards. • Number of AFG Program grant recipients who reported having successfully replaced their fire vehicles in accordance with industry standards. • Percentage of AFG Program training recipients who reported that the grant award allows their members to achieve firefighter training level I and firefighter training level II within one year of coming into service. • Percentage of AFG Program wellness and fitness recipients who reported that the grant award allows their members to achieve minimum physical and/or mental operational readiness requirements through tailored health-related fitness programs. • Percentage of AFG Program grant recipients for modifications to facilities projects who reported that the grant award brought them into compliance with either state, local, NFPA, or OSHA standards on housing and readiness posture. Please see Appendix B for additional information on the criteria used to evaluate the program priorities. B. Federal Award Information 1. Available Funding for the NOFO: $324 million 1 2. Projected Number of Awards: 2,000 3. Period of Performance: 24 months Although all recipients are expected to complete the awarded activities within the period of performance specified in the award package, extensions to the period of performance are allowed. For additional information on period of performance extensions, please refer to Section H. FEMA awards under most programs, including this program, only include one budget period, so it will be the same as the period of performance. See 2 C.F.R. § 200.1 for definitions of “budget period” and “period of performance.” 1 Note that this figure differs from the total amount appropriated under the Title III, Division F of Department of Homeland Security Appropriations Act, 2023, Pub. L. No. 117-328. In this FY 2023 AFG Program NOFO, percentages of “available grant funds” refers to the total amount appropriated—$360,000,000—by Pub. L. No. 117-103 to meet the statutory requirements of § 33 of the Federal Fire Prevention and Control Act of 1974, as amended (codified at 15 U.S.C. § 2229). A portion of these “available grant funds” will be allocated to the Fire Prevention and Safety (FP&S) Program, which will have a separate NOFO and application period. $36,000,000 will be allocated to FP&S for FY 2023. 139 8 FY 2023 AFG NOFO 4. Projected Period of Performance Start Date(s): N/A 2 5. Projected Period of Performance End Date(s): N/A 6. Funding Instrument Type: Grant C. Eligibility Information 1. Eligible Applicants • Fire Departments: Fire departments operating in any of the 50 states, as well as fire departments in the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico,3 or any federally recognized Indian tribe or tribal organization. A fire department is an agency or organization having a formally recognized arrangement with a state, local, tribal or territorial authority (city, county, parish, fire district, township, town or other governing body) to provide fire suppression to a population within a geographically fixed primary first due response area. • Nonaffiliated EMS organizations: Nonaffiliated EMS organizations operating in any of the 50 states, as well as the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of Puerto Rico,3 or any federally recognized Indian tribe or tribal organization. A nonaffiliated EMS organization is an agency or organization that is a public or private nonprofit emergency medical service entity providing medical transport that is not affiliated with a hospital and does not serve a geographic area in which emergency medical services are adequately provided by a fire department. FEMA considers the following as hospitals under the AFG Program: o Clinics; o Medical centers; o Medical colleges or universities; o Infirmaries; o Surgery centers; and o Any other institution, association, or foundation providing medical, surgical or psychiatric care and/or treatment for the sick or injured. 2 FEMA funds AFG Program awards on a rolling basis; as such, the date the FEMA Assistant Administrator for the Grant Programs Directorate signs the obligating document dictates the unique Period of Performance start and end dates for each award. 3 The District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto Rico are all defined as “States” in the Federal Fire Prevention and Control Act of 1974. See 15 U.S.C. § 2203(10). 140 9 FY 2023 AFG NOFO • State Fire Training Academies: A SFTA operates in any of the 50 states, as well as the District of Columbia, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of Puerto Rico.3 Applicants must be designated either by legislation or by a governor’s declaration as the sole fire service training agency within a state, territory, or the District of Columbia and recognized by the National Fire Academy. The designated SFTA shall be the only agency, bureau, division or entity within that state, territory, or the District of Columbia, to be an eligible SFTA applicant under the AFG Program. • Non-federal airport and/or port authority fire or EMS organizations are eligible only if they have a formally recognized arrangement with the local jurisdiction to provide fire suppression or emergency medical services on a first-due basis outside the confines of the airport or port facilities. Airport or port authority fire and EMS organizations whose sole responsibility is suppression of fires or EMS response on the airport grounds or port facilities are not eligible for funding under the AFG Program. An application submitted by an otherwise eligible non-federal entity (i.e., the applicant) may be deemed ineligible when the person that submitted the application is not: 1) a current employee, personnel, official, staff or leadership of the non-federal entity; and 2) duly authorized to apply for an award on behalf of the non-federal entity at the time of application. Further, the Authorized Organization Representative (AOR) must be a duly authorized current employee, personnel, official, staff or leadership of the recipient and provide an email address unique to the recipient at the time of application and upon any change in assignment during the period of performance. Consultants or contractors of the recipient are not permitted to be the AOR of the recipient. 2. Applicant Eligibility Criteria The FY 2023 AFG Program has three activities: • Operations and Safety; • Vehicle Acquisition; and • Regional Projects. Each activity has its own eligibility requirements. These requirements are outlined in Appendix B– Programmatic Information and Priorities. 3. Other Eligibility Criteria/Restrictions a. National Fire Incident Reporting System (NFIRS) Although NFIRS reporting is not a requirement to apply for AFG Program funding, fire departments that receive funding under this program must agree to provide information to the NFIRS for the period of performance covered by the assistance. If a recipient does not currently participate in the incident reporting system and does not have the capacity to report at the time of the award, that recipient must agree to provide information to the system for a 12-month period commencing as soon as possible after they develop the capacity to report. Capacity to report to NFIRS must be established prior to the end of the 24-month 141 10 FY 2023 AFG NOFO performance period. The recipient may be asked by FEMA to provide proof of compliance in reporting to NFIRS. Any recipient that stops reporting to NFIRS during their grant’s period of performance may be subject to the remedies for noncompliance at 2 C.F.R. § 200.339, unless it has yet to develop the capacity to report to NFIRS, as described above. There is no NFIRS reporting requirement for nonaffiliated EMS organizations or SFTAs. Note: Although data collection is an important tool for understanding and justifying assistance, participation in other data sources (e.g., National Fire Operations Reporting System [NFORS]) does not satisfy the requirement for reporting to NFIRS. b. National Incident Management System (NIMS) AFG Program applicants are not required to comply with NIMS to apply for AFG Program funding or to receive an AFG Program award. However, any applicant who receives an FY 2023 AFG Program award must achieve the level of NIMS compliance required by the Authority Having Jurisdiction (AHJ) over the applicant’s emergency service operations (e.g., a local government) prior to the end of the grant’s period of performance. 4. Maintenance of Effort (MOE) Pursuant to 15 U.S.C. § 2229(k)(3), an applicant seeking an AFG Program grant shall agree to maintain, during the term of the grant, the applicant’s aggregate expenditures relating to activities allowable under this NOFO, at not less than 80% of the average amount of such expenditures in the two fiscal years prior to the fiscal year an AFG Program grant is awarded. In other words, an applicant agrees that if it receives a grant award, the applicant will keep its overall expenditures during the award’s period of performance to at least 80% or more of the average of what the applicant spent on such costs for those activities in fiscal years 2021 and 2022. This includes those funded with non-federal funding for activities that could be allowable costs under this NOFO. 5. Cost Share or Match Recipient cost sharing is generally required as described below and pursuant to 15 U.S.C.§ 2229(k)(1). In general, eligible applicants shall agree to make available non-federal funds to carry out an AFG Program award in an amount equal to not less than 15% of the federal funds awarded. Exceptions to this general requirement apply to entities serving smaller communities as follows: • When serving a jurisdiction of 20,000 residents or fewer, the applicant shall agree to make available non-federal funds in an amount equal to not less than 5% of the grant awarded; • When serving a jurisdiction of more than 20,000 residents but not more than 1 million residents, the applicant shall agree to make available non-federal funds in an amount equal to not less than 10% of the grant awarded; • When serving a jurisdiction of more than 1 million residents, the applicant shall agree to make available non-federal funds in an amount equal to not less than 15% of the grant awarded. 142 11 FY 2023 AFG NOFO The cost share for SFTAs will apply the requirements above based on the total population of the state. The cost share for a Regional application will apply the requirements above based on the aggregate population of the primary first due response areas of the host and participating partner organizations that execute a Memorandum of Understanding as described in Appendix B.g- Regional Applications. FEMA has developed a cost share calculator tool to assist applicants with determining their cost share. The cost share tool is available on the FEMA website at Assistance to Firefighters Grants. a. Types of Cost Share i. Cash (Hard Match): Cost share of non-federal cash is the only allowable recipient contribution for AFG Program activity (Vehicle Acquisition, Operations and Safety, and Regional). ii. Trade-In Allowance/Credit: On a case-by-case basis, FEMA may allow recipients already owning assets acquired with non-federal cash to use the trade-in allowance/credit value of those assets as cash for the purpose of meeting their cost share obligation. For FEMA to consider a trade-in allowance/credit value as cash, the allowance amount must be reasonable, and the allowance amount must be a separate entry clearly identified in the acquisition documents. iii. In-kind (Soft Match): In-kind cost share is not allowable for the AFG Program. The award budget will not account for any voluntary committed cost sharing or overmatch. The use of an overmatch is not given additional consideration when scoring applications. b. Economic Hardship Waivers The FEMA Administrator may waive or reduce recipient cost share or Maintenance of Effort (MOE) requirements in cases of demonstrated economic hardship. Please see Appendix C – Award Administration Information for additional information. D. Application and Submission Information 1. Key Dates and Times a. Application Start Date: January 29, 2024 at 8 a.m. ET b. Application Submission Deadline: March 8, 2024 at 5 p.m. ET All applications must be received by the established deadline. FEMA’s Grants Outcomes System (FEMA GO) automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the Authorized Organization Representative (AOR) role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission. For additional information on how an applicant will be notified of application receipt, see the subsection titled “Timely Receipt Requirements and Proof of Timely Submission” in Section D.8 of this NOFO. 143 12 FY 2023 AFG NOFO FEMA will not review applications that are received after the deadline or consider these late applications for funding. FEMA may, however, extend the application deadline on request for any applicant who can demonstrate that good cause exists to justify extending the deadline. Good cause for an extension may include technical problems outside of the applicant’s control that prevent submission of the application by the deadline, other exigent or emergency circumstances, or statutory requirements for FEMA to make an award. Applicants experiencing technical problems outside of their control must notify FEMA as soon as possible and before the application deadline. Failure to timely notify FEMA of the issue that prevented the timely filing of the application may preclude consideration of the award. “Timely notification” of FEMA means the following: prior to the application deadline and within 48 hours after the applicant became aware of the issue. A list of FEMA contacts can be found in Section G of this NOFO “DHS Awarding Agency Contact Information.” For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9 a.m. – 6 p.m. ET. For programmatic or grants management questions, please contact your Program Analyst or Grants Management Specialist. If applicants do not know who to contact or if there are programmatic questions or concerns, please contact the AFG Program Helpdesk at (866) 274-0960 or by e-mail at FireGrants@fema.dhs.gov. The AFG Program Helpdesk is open Monday through Friday, 8 a.m. – 4:30 p.m. ET. c. Anticipated Funding Selection Date: No later than April 30, 2024 d. Anticipated Award Date: Beginning on approximately April 30, 2024 and continuing thereafter until all FY 2023 AFG Program grant awards are issued (but no later than September 30, 2024). e. Other Key Dates 2. Agreeing to Terms and Conditions of the Award By submitting an application, applicants agree to comply with the requirements of this NOFO and the terms and conditions of the award, should they receive an award. 3. Address to Request Application Package Event Suggested Deadline for Completion Obtaining Unique Entity Identifier (UEI) number Four weeks before actual submission deadline Obtaining a valid Employer Identification Number (EIN) Four weeks before actual submission deadline Creating an account with login.gov Four weeks before actual submission deadline Registering in SAM or updating SAM registration Four weeks before actual submission deadline Registering Organization in FEMA GO Prior to beginning application Submitting complete application in FEMA GO One week before actual submission deadline 144 13 FY 2023 AFG NOFO Applications are processed through the FEMA GO system. To access the system, go to https://go.fema.gov/. Note: Hard copies of the application are not available. However, the Telephone Device for the Deaf (TDD) and/or Federal Information Relay Service (FIRS) number available for this Notice is (800) 462-7585. 4. Requirements: Obtain a Unique Entity Identifier (UEI) and Register in the System for Award Management (SAM) Each applicant, unless they have a valid exception under 2 CFR 25.110, must: 1) Be registered in Sam.Gov before application submission. 2) Provide a valid Unique Entity Identifier (UEI) in its application. 3) Continue to always maintain an active System for Award Management (SAM) registration with current information during the Federal Award process. 5. Steps Required to Obtain a Unique Entity Identifier, Register in the System for Award Management (SAM), and Submit an Application Applying for an award under this program is a multi-step process and requires time to complete. Applicants are encouraged to register early as the registration process can take four weeks or more to complete. Therefore, registration should be done in sufficient time to ensure it does not impact your ability to meet required submission deadlines. Please review the table above for estimated deadlines to complete each of the steps listed. Failure of an applicant to comply with any of the required steps before the deadline for submitting an application may disqualify that application from funding. To apply for an award under this program, all applicants must: a. Apply for, update, or verify their Unique Entity Identifier (UEI) number and Employer Identification Number (EIN) from the Internal Revenue Service; b. In the application, provide an UEI number; c. Have an account with login.gov; d. Register for, update, or verify their SAM account and ensure the account is active before submitting the application; e. Register in FEMA GO, add the organization to the system, and establish the Authorized Organizational Representative (AOR). The organization’s electronic business point of contact (eBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see the FEMA GO Startup Guide f. Submit the complete application in FEMA GO; and g. Continue to maintain an active SAM registration with current information at all times during which it has an active federal award or an application or plan under consideration by a federal awarding agency. As part of this, applicants must also provide information on an applicant’s immediate and highest-level owner and subsidiaries, as well as on all predecessors that have been awarded federal contracts or federal financial assistance within the last three years, if applicable. Applicants are advised that FEMA may not make a federal award until the applicant has 145 14 FY 2023 AFG NOFO complied with all applicable SAM requirements. Therefore, an applicant’s SAM registration must be active not only at the time of application, but also during the application review period and when FEMA is ready to make a federal award. Further, as noted above, an applicant’s or recipient’s SAM registration must remain active for the duration of an active federal award. If an applicant’s SAM registration is expired at the time of application, expires during application review, or expires any other time before award, FEMA may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. Per 2 C.F.R. § 25.110(c)(2)(iii), if an applicant is experiencing exigent circumstances that prevents it from obtaining an UEI number and completing SAM registration prior to receiving a federal award, the applicant must notify FEMA as soon as possible by contacting FireGrants@fema.dhs.gov and providing the details of the circumstances that prevent completion of these requirements. If FEMA determines that there are exigent circumstances and FEMA has decided to make an award, the applicant will be required to obtain an UEI number, if applicable, and complete SAM registration within 30 days of the federal award date. 6. Electronic Delivery DHS is participating in the Grants.gov initiative to provide the grant community with a single site to find and apply for grant funding opportunities. DHS encourages or requires applicants to submit their applications online through Grants.gov, depending on the funding opportunity. For this funding opportunity, FEMA requires applicants to submit applications through FEMA GO. 7. How to Register to Apply a. General Instructions: Registering and applying for an award under this program is a multi-step process and requires time to complete. Read the instructions below about registering to apply for FEMA funds. Applicants should read the registration instructions carefully and prepare the information requested before beginning the registration process. Reviewing and assembling the required information before beginning the registration process will alleviate last-minute searches for required information. The registration process can take up to four weeks to complete. To ensure an application meets the deadline, applicants are advised to start the required steps well in advance of their submission. Organizations must have an UEI number, an EIN, an active SAM registration and FEMA GO account to apply for grants. b. Obtain an UEI Number: All entities applying for funding, including renewal funding, must have a UEI number. Applicants must enter the UEI number in the applicable data entry field on the SF-424 form. For more detailed instructions for obtaining a UEI number, refer to Sam.gov. 146 15 FY 2023 AFG NOFO c. Obtain Employer Identification Number All entities applying for funding must provide an Employer Identification Number (EIN). The EIN can be obtained from the IRS by visiting Apply for an Employee Identification Number (EIN) Online. d. Create a login.gov account: Applicants must have a login.gov account to register with SAM or update their SAM registration. Applicants only have to create a login.gov account once. For applicants that are existing SAM users, use the same email address for the login.gov account as with SAM.gov so that the two accounts can be linked. For more information on the login.gov requirements, visit SAM registration. e. Register with SAM: All organizations applying online through Grants.gov must register with SAM. Failure to register with SAM will prevent your organization from applying through Grants.gov. SAM registration must be renewed annually and must remain active throughout the entire grant life cycle. Organizations will be issued a UEI number with the completed SAM registration. For more detailed instructions for registering with SAM, refer to Register with SAM. Note: As a new requirement per 2 C.F.R. § 25.200, applicants must also provide the applicant’s immediate and highest-level owner, subsidiaries, and predecessors that have been awarded federal contracts or federal financial assistance within the past three years, if applicable. I. ADDITIONAL SAM REMINDERS Existing SAM.gov account holders should check their account to make sure it is “ACTIVE.” SAM registration should be completed at the very beginning of the application period and should be renewed annually to avoid being “INACTIVE.” Please allow plenty of time before the grant application submission deadline to obtain an UEI number and then to register in SAM. It may be four weeks or more after an applicant submits the SAM registration before the registration is active in SAM, and then it may be an additional 24 hours before FEMA’s system recognizes the information. It is imperative that the information applicants provide is correct and current. Please ensure that your organization’s name, address, and EIN are up to date in SAM and that the UEI number used in SAM is the same one used to apply for all other FEMA awards. Payment under any FEMA award is contingent on the recipient’s having a current SAM registration. II. HELP WITH SAM The SAM quick start guide for new recipient registration and SAM video tutorial for new applicants are tools created by the General Services Administration (GSA) to assist those registering with SAM. If applicants have questions or concerns about a SAM registration, 147 16 FY 2023 AFG NOFO please contact the Federal Support Desk or call toll-free (866) 606-8220 Monday through Friday, 8 a.m. - 8 p.m. ET. f. Register in FEMA GO, Add the Organization to the System, and Establish the AOR: Applicants must register in FEMA GO and add their organization to the system. The organization’s electronic business point of contact (EBiz POC) from the SAM registration may need to be involved in this step. For step-by-step instructions, see FEMA GO Startup Guide. Note: FEMA GO will support only the most recent major release of the following browsers: • Google Chrome; • Internet Explorer; • Mozilla Firefox; • Apple Safari; and • Microsoft Edge, Users who attempt to use tablet type devices or other browsers may encounter issues with using FEMA GO. 8. Submitting the Application Applicants will be prompted to submit the standard application information and any program-specific information required as described in Section D.9 of this NOFO, “Content and Form of Application Submission.” The Standard Forms (SF) may be accessed in the Forms tab under the SF-424 family on Grants.gov. Applicants should review these forms before applying to ensure they have all the information required. After submitting the final application, FEMA GO will provide either an error message or a successfully received transmission in the form of an email sent to the AOR that submitted the application. Applicants using slow internet connections, such as dial-up connections, should be aware that transmission can take some time before FEMA GO receives your application. For additional application submission requirements, including program-specific requirements, please refer to the subsection titled “Content and Form of Application Submission” under Section D.9 of this NOFO. 9. Timely Receipt Requirements and Proof of Timely Submission All applications must be completed in FEMA GO by the application deadline. FEMA GO automatically records proof of timely submission and the system generates an electronic date/time stamp when FEMA GO successfully receives the application. The individual with the AOR role that submitted the application will also receive the official date/time stamp and a FEMA GO tracking number in an email serving as proof of their timely submission on the date and time that FEMA GO received the application. Applicants who experience system-related issues will be addressed until 3 p.m. ET on the date applications are due. No new system-related issues will be addressed after this 148 17 FY 2023 AFG NOFO deadline. Applications not received by the application submission deadline will not be accepted. 10. Content and Form of Application Submission a. Standard Required Application Forms and Information The following forms or information are required to be submitted via FEMA GO. The Standard Forms (SF) are also available on Grants.gov SF-424 Family. • SF-424, Application for Federal Assistance • Grants.gov Lobbying Form, Certification Regarding Lobbying • SF-424A, Budget Information (Non-Construction) • SF-424B, Standard Assurances (Non-Construction) • SF-LLL, Disclosure of Lobbying Activities • Indirect Cost Agreement or Proposal if the budget includes indirect costs and the applicant is required to have an indirect cost rate agreement or proposal. If the applicant does not have or is not required to have an indirect cost rate agreement or proposal, please see Section D.10 of this NOFO, “Funding Restrictions and Allowable Costs,” for further information regarding allowability of indirect costs and whether alternatives to an indirect cost rate agreement or proposal might be available, or contact the relevant FEMA staff identified in Section G of this NOFO, “DHS Awarding Agency Contact Information” for further instructions. b. Program-Specific Required Forms and Information For program-specific required and optional forms and information, please see the Appendices to this NOFO. Note: FEMA evaluates each application on its merit, veracity, and accuracy to ascertain how the narrative statement(s) outlined within the application depicts the applicant’s and their community’s uniqueness, their particular risks, and how selecting them over a similarly situated applicant advances the objectives of AFG to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. At any time during application review process, including the technical review stage, FEMA may request additional documentation from applicants, including but not limited to: • Copies of official or certified documents demonstrating the claimed financial need; • Copies of the applicant’s needs assessment report, survey, or any documented other efforts undertaken to identify the applicant’s unique project objectives; • Copies of the risk analysis conducted to ascertain how said project will address the applicant’s unique needs in alignment with their mission and AFG grant purpose; • Additional information or evidence detailing the applicant’s particular risks; and • Any other information deemed necessary to adequately weigh the applicant’s assistance request for funding under this discretionary-competitive grant program. No applicant is guaranteed funding. The narrative statement blocks do not allow for formatting. Do not type the narrative statements using only capital letters. Additionally, do not include tables, special characters, 149 18 FY 2023 AFG NOFO fonts (e.g., quotation marks, bullets), or graphs. Space for the narrative statements is limited. Although each element must have a minimum of 200 characters, the maximum number of characters varies based on the questions being asked. 11. Funding Restrictions and Allowable Costs All costs charged to awards covered by this NOFO must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements at 2 C.F.R. Part 200, unless otherwise indicated in the NOFO or the terms and conditions of the award. This includes, among other requirements, that costs must be incurred, and products and services must be delivered, within the period of performance of the award. See 2 C.F.R. § 200.403(h) (referring to budget periods, which for FEMA awards under this program is the same as the period of performance). In general, the Cost Principles establish standards for the allowability of costs, provide detailed guidance on the cost accounting treatment of costs as direct or administrative costs, and set forth allowability principles for selected items of cost. More specifically, except as otherwise stated in this NOFO, the terms and condition of an award, or other program materials, costs charged to awards covered by this NOFO must be consistent with the Cost Principles for Federal Awards located at 2 C.F.R. Part 200, Subpart E. To be allowable, all costs charged to a FEMA award or applied to the cost share must be reasonable in nature and amount and allocable to the particular FEMA award. Additionally, all costs charged to awards must comply with the grant program’s applicable statutes, policies, requirements in this NOFO as well as with the terms and conditions of the award. If FEMA staff identify costs that are inconsistent with any of these requirements, these costs may be disallowed, and FEMA may recover funds as appropriate, consistent with applicable laws, regulations, and policies. As part of those requirements, grant recipients and subrecipients may only use federal funds or funds applied to a cost share for the purposes set forth in this NOFO and the terms and conditions of the award, and those costs must be consistent with the statutory authority for the award. Grant funds may not be used for matching funds for other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings. In addition, federal funds may not be used to sue the federal government or any other government entity. Additionally, federal employees are prohibited from serving in any capacity (paid or unpaid) on the development of any proposal submitted under this program. a. Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services Recipients and subrecipients of FEMA federal financial assistance are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 150 19 FY 2023 AFG NOFO 2020, the statute – as it applies to FEMA recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Guidance is available at Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, FEMA Policy #405-143-1 or superseding document. Additional guidance is available at Contract Provisions Guide: Navigating Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. Effective August, 13, 2020, FEMA recipients and subrecipients may not use any FEMA funds under open or new awards to: • Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; • Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or • Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. I. REPLACEMENT EQUIPMENT AND SERVICES FEMA grant funding may be permitted to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the NOFO. II. DEFINITIONS Per section 889(f)(2)-(3) of the FY 2019 NDAA and 2 C.F.R. § 200.216, covered telecommunications equipment or services means: i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); ii. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); iii. Telecommunications or video surveillance services provided by such entities or using such equipment; or iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of 151 20 FY 2023 AFG NOFO Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People’s Republic of China. Examples of the types of products covered by this prohibition include phones, internet, video surveillance, and cloud servers when produced, provided, or used by the entities listed in the definition of “covered telecommunications equipment or services.” See 2 C.F.R. § 200.471. b. Pre-Award Costs Generally, grant funds cannot be used to pay for products and services contracted for or obligated prior to the effective date of the award. Fees for grant writers are considered an exception and may be included as a pre-award expenditure, see Appendix C for details. Further, other costs incurred after the application deadline, but prior to an offer of award, may be eligible for reimbursement only if the following conditions are met: • The recipient must request approval from FEMA to incur such pre-award costs. Requests must be sent via email to FireGrants@fema.dhs.gov and include the application number and justification narrative. Please note, the recipient must seek approval at the time of acquisition and before the award is announced. • The recipient must receive written confirmation from FEMA that the expenses have been reviewed and that FEMA has determined the costs to be justified, unavoidable, and consistent with the grant’s scope of work. • The pre-award cost must meet the requirements of 2 C.F.R. § 200.458, which provides that the costs must be necessary for efficient and timely performance of the grant’s scope of work. Note: FEMA reserves the right to re-evaluate and disallow pre-award costs at time of award monitoring if it is later determined that the services were not properly procured or do not satisfy the requirements of 2 C.F.R. § 200.458. See Appendix C for further information regarding grant writer fees and Section H-Additional Information of this NOFO for general procurement under grants requirements. c. Management and Administration (M&A) Costs M&A activities are those directly related to the management and administration of the AFG award funds, such as financial management and monitoring. M&A expenses should be based only on actual expenses or known contractual costs. Requests that are simple percentages of the award, without supporting justification or adequate documentation, will not be allowed or considered for an award. In addition, reimbursement for fees associated with hiring grants management services is now capped at $1,500. No more than 3% of the federal share of AFG Program funds awarded may be expended by the recipient for M&A for purposes associated with the AFG Program award. d. Indirect Facilities & Administrative (F&A) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Applicants with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Not all applicants are required to have a 152 21 FY 2023 AFG NOFO current negotiated indirect cost rate agreement. Applicants that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at the time of application. Applicants who do not have a current negotiated indirect cost rate agreement (including a provisional rate) and wish to charge the de minimis rate must reach out to the FireGrants@fema.dhs.gov for further instructions. Applicants who wish to use a cost allocation plan in lieu of an indirect cost rate must also reach out to the FireGrants@fema.dhs.gov for further instructions. e. Other Direct Costs • Construction: Construction costs are not eligible under the AFG Program. Construction includes major alterations to a building that changes the profile or footprint of the structure. Modifications to facilities activities described in Appendix B.f- Funding Priorities, are not considered construction costs for purposes of general award cost categorization and may be eligible. However, modifications to facilities activities might be considered “construction” for purposes of applicable procurement under grants requirements or environmental protection and historic preservation purposes. • Fire Departments and Nonaffiliated EMS organizations funding restrictions: The total amount of funding a fire department or nonaffiliated EMS organization recipient may receive under an AFG Program award is limited to the maximum amounts set by § 33(c)(2) of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. § 2229(c)(2)). These award limits are based on two factors: (1) population served and (2) a 1% aggregate amount of available grant funds. The population of the jurisdiction served by the recipient will determine the maximum amount of AFG Program funding a recipient is eligible to receive but no recipient may receive an award that exceeds 1% of available grant funds in FY 2023, or $3.2 million. FEMA may waive this aggregate cap in individual cases where FEMA determines that a recipient has an extraordinary need for a grant that exceeds the aggregate cap. FEMA may not waive the statutory funding caps based on population. The following table explains the maximum funding that a recipient may receive in FY 2023: Population of the jurisdiction served by the recipient Maximum award in FY 2023 Statutory waiver available subject to extraordinary need? 100,000 or fewer people No more than $1 million None available 100,001 – 500,000 people No more than $2 million None available 500,001 – 1,000,000 people No more than $3 million None available 1,000,001 – 2,500,000 people No more than $3.2 million Yes, but no more than $6 million More than 2,500,000 people No more than $3.2 million Yes, but no more than $9 million Regional applicants will be subject to the funding limitations based on the total population served by the host of the application and the participating partners. For 153 22 FY 2023 AFG NOFO example, if the host and partners serve a population of 100,000 or fewer and are the recipients of a Regional award for $1 million, then the host has met their cap and is no longer eligible for additional funds under the AFG Program. • Allocations and Restrictions of Available Grant Funds by Organization Type o Fire Departments: Not less than 25% of available grant funds shall be awarded to career, combination, or volunteer department types (total of 75%). o Nonaffiliated EMS Organizations: Not more than 2% of available grant funds shall be collectively awarded to all nonaffiliated EMS organization recipients. o Emergency Medical Services Providers: Not less than 3.5% of available grant funds shall fund emergency medical services provided by fire departments and nonaffiliated EMS organizations. o State Fire Training Academy: Not more than 3% of available grant funds shall be collectively awarded to all SFTA recipients. Further, not more than $500,000 of available federal grant funds may be awarded per SFTA applicant. o Vehicles: Not more than 25% of available grant funds may be used by recipients for the purchase of vehicles. Of that amount, based on stakeholder recommendations, FEMA intends to allocate 10% of the total vehicle funds for ambulances. o Micro Grants: The selection of the voluntary Micro Grant option (cumulative federal funding of $75,000) for eligible High Priority Operations and Safety activities does not impact an applicant’s request or participation under the Vehicle Acquisition or Regional projects. Applicants who select Micro Grants under Operations and Safety as a funding opportunity choice may still apply for a Vehicle Acquisition or Regional project. Of the 25% allocated to each of the career, combination, and volunteer departments, FEMA will aim to fund no less than 25% of the allocation for Micro Grants. E. Application Review Information 1. Application Evaluation Criteria a. Programmatic Criteria Funding priorities and programmatic criteria for evaluating AFG Program applications are established by FEMA based on the recommendations from the Criteria Development Panel (CDP). Each year, FEMA convenes a panel of fire service professionals to develop funding priorities for the AFG Program. The panel makes recommendations about funding priorities as well as developing criteria for awarding grants. The nine major fire service organizations represented on the panel are: • International Association of Fire Chiefs • International Association of Fire Fighters • National Volunteer Fire Council • National Fire Protection Association • National Association of State Fire Marshals • International Association of Arson Investigators • International Society of Fire Service Instructors 154 23 FY 2023 AFG NOFO • North American Fire Training Directors • Congressional Fire Service Institute The CDP is charged with making recommendations to FEMA regarding the creation or modification of previously established funding priorities as well as developing criteria for awarding grants. The FEMA Administrator reviews and approves the CDP’s recommendations. The content of this NOFO reflects implementation of the CDP’s recommendations with respect to the priorities, direction, and criteria for awards. FEMA will rank all complete and submitted applications based on how well they match the program priorities for the type of jurisdiction(s) served. Answers to the application’s activity specific questions provide information used to determine each application’s ranking relative to the stated program priorities. b. Financial Integrity Criteria Prior to making a federal award, FEMA is required by 31 U.S.C. § 3354, as enacted by the Payment Integrity Information Act of 2019, Pub. L. No. 116-117 (2020); 41 U.S.C. § 2313; and 2 C.F.R. § 200.206 to review information available through any Office of Management and Budget (OMB)-designated repositories of governmentwide eligibility qualification or financial integrity information, including whether the applicant is suspended or debarred. FEMA may also pose additional questions to the applicant to aid in conducting the pre-award risk review. Therefore, application evaluation criteria may include the following risk-based considerations of the applicant: i. Financial stability; ii. Quality of management systems and ability to meet management standards; iii. History of performance in managing federal award; iv. Reports and findings from audits; and v. Ability to effectively implement statutory, regulatory or other requirements. c. Supplemental Financial Integrity Criteria and Review Prior to making a federal award where the anticipated total federal share will be greater than the simplified acquisition threshold, currently $250,000: i. FEMA is required to review and consider any information about the applicant, including information on the applicant’s immediate and highest-level owner, subsidiaries, and predecessors, if applicable, that is in the designated integrity and performance system accessible through the SAM, which is currently the Federal Awardee Performance and Integrity Information System (FAPIIS). ii. An applicant, at its option, may review information in FAPIIS and comment on any information about itself that a federal awarding agency previously entered. iii. FEMA will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 155 24 FY 2023 AFG NOFO 2. Review and Selection Process AFG Program applications are reviewed through a multi-phase process. All applications are electronically pre-scored and ranked based on how well they align with the funding priorities outlined in this funding notice. Applications with the highest pre-score rankings are then scored competitively by no less than three members of a Peer Review Panel. Applications will also be evaluated through a series of internal FEMA review processes for completeness, adherence to programmatic guidelines, technical feasibility, and anticipated effectiveness of the proposed project(s). Below is the process by which applications will be reviewed: a. Pre-Scoring Process The application undergoes an electronic pre-scoring process based on established program priorities listed in Appendix B and answers to activity-specific questions within the online application. Application Narratives are not reviewed during the pre-score process. “Request Details” and “Budget” information should comply with program guidance and statutory funding limitations. The pre-score is half of the total application score. b. Peer Review Panel Process Applications with the highest rankings from the pre-scoring process will undergo a Peer Review Panel process. A panel of peer reviewers is composed of fire service representatives recommended by the national organizations from the CDP. Peer reviewers will assess each application’s merits based on the narrative statement on the requested activity. The evaluation elements listed in the “Narrative Evaluation Criteria” below will be used to calculate the narrative’s score for each activity requested. Panelists will independently score each requested activity within the application, discuss the merits and/or shortcomings of the application with his or her peers, and document the findings. A consensus is not required. The panel score is half of the total application score. I. NARRATIVE EVALUATION CRITERIA The Narrative Statements must provide specific details about the activity for which the applicants seek funding. Applicants must explain how the proposed activity(ies) relate to the Operations and Safety Activity or the Vehicle Acquisition Activity. FEMA reviews and compares applications for duplication including narratives and statistical data. Therefore, all elements of the Narrative Statements must be original, and all statistical data must be accurate. Applications with narratives that have substantial copying of sentences or paragraphs and/or inaccurate data that may mislead reviewers may be disqualified. Falsification, fabrication, or plagiarism of other grant proposals will disqualify the application(s). FEMA has developed a Narrative Development Toolkit and Self Evaluation Sheets available on the FEMA GO Assistance to Firefighters Grants Program website: https://www.fema.gov/grants/preparedness/firefighters/assistance-grants/documents. The documents are designed to assist applicants with narrative preparation and provide specific 156 25 FY 2023 AFG NOFO criteria used by Peer Review Panelists when evaluating each application. FEMA encourages applicants to use these documents to prepare their applications. Peer Review Panelists will evaluate and select a score of Strongly Agree, Agree, Neither Agree nor Disagree, Disagree or Strongly Disagree for each narrative section based on the following narrative elements within each activity. Financial Need (25%) Applicants should describe their financial need and how consistent it is with the intent of the AFG Program. The financial need statement should include details describing the applicant’s financial distress, such as summarizing budget constraints, unsuccessful attempts to secure other funding, and proving the financial distress is out of their control. Project Description and Budget (25%) The Project Description and Budget statement should clearly explain the applicant’s project objectives and their relationship to the applicant’s budget and risk analysis. The applicant should describe various activities, including program priorities or facility modifications, ensuring consistency with project objectives, the applicant’s mission, and national, state, local, or tribal requirements. Applicants should link the proposed expenses to operations and safety, as well as to the completion of the project’s goals. Cost Benefit (25%) Applicants should describe how they plan to address the operational and personnel safety needs of the organization, including cost effectiveness and sharing assets. The Operations and Safety/Cost Benefit statement should also include details about gaining the maximum benefits from grant funding by citing reasonable or required costs, such as specific overhead and administrative costs. The applicant’s request should also be consistent with their mission and identify how funding will benefit their organization and affected personnel. Statement of Effect on Operations (25%) The Statement of Effect on Operations should explain how this funding request will enhance an organization’s overall effectiveness. It should address how an award will improve daily operations and reduce an organization’s risk(s). Applicants should include how frequently the requested item(s) will be used and in what capacity. Applicants should also indicate how the requested item(s) will help the community and increase an organization’s ability to save additional lives and property. Jurisdictions that demonstrate their commitment and proactive posture to reducing fire risk, by explaining their code enforcement (to include Wildland Urban Interface code enforcement) and mitigation strategies (including whether the jurisdiction has a FEMA-approved mitigation strategy) may receive stronger consideration under this criterion. c. Technical Evaluation Process (TEP) The highest ranked applications will be considered within the fundable range. Applications that are in the fundable range will undergo both a Technical Review by a subject-matter expert as well as a FEMA Program Office review before being recommended for award. The FEMA Program Office will make a final assessment of the application with respect to costs, 157 26 FY 2023 AFG NOFO quantities, feasibility, eligibility, and recipient responsibility prior to recommending any application for award. During TEP, the information in Appendix B is used to make final corrections to any request not meeting program eligibility requirements. This is not a scored phase of the application process. Requests may be recommended for partial funding based on findings made during this assessment. F. Federal Award Administration Information In addition to the language below, please see Appendix C of this NOFO for additional award administration information. 1. Notice of Award Before accepting the award, the AOR and recipient should carefully read the award package. The award package includes instructions on administering the grant award and the terms and conditions associated with responsibilities under federal awards. Recipients must accept all conditions in this NOFO as well as any specific terms and conditions in the Notice of Award to receive an award under this program. FEMA will provide the federal award package to the applicant electronically via FEMA GO. Award packages include an Award Letter, Summary Award Memo, Agreement Articles, and Obligating Document. An email notification of the award package will be sent through FEMA’s grant application system to the (AOR) that submitted the application. Recipients must accept their awards no later than 30 days from the award date. The recipient shall notify FEMA of its intent to accept and proceed with work under the award through the FEMA GO system. Funds will remain on hold until the recipient accepts the award through the FEMA GO system and all other conditions of the award have been satisfied or until the award is otherwise rescinded. Failure to accept a grant award within the specified timeframe may result in a loss of funds. 2. Difference between Application Request and Award During the review process for an AFG Program award, FEMA may modify the application request(s). These modifications will be identified in the award package provided upon the offer of an award. If the awarded activities, scope of work, or requested dollar amount(s) do not match the application as submitted, the recipient shall only be responsible for completing the activities actually funded by FEMA. The recipient is under no obligation to start, modify, or complete any activities requested but not funded by the award. The award package will identify any such differences under the Approved Scope of Work section. 3. Turndown Notifications FEMA GO will provide all applicants who do not receive an FY 2023 AFG Program award with a turndown notification. 4. Administrative and National Policy Requirements 158 27 FY 2023 AFG NOFO In addition to the requirements of in this and in this NOFO, FEMA may place specific terms and conditions on individual awards in accordance with 2 C.F.R. Part 200. a. DHS Standard Terms and Conditions All successful applicants for DHS grant and cooperative agreements are required to comply with DHS Standard Terms and Conditions. The applicable DHS Standard Terms and Conditions will be those in effect at the time the award was made. What terms and conditions will apply for the award will be clearly stated in the award package at the time of award. b. Ensuring the Protection of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Recipients and subrecipients must carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 504 of the Rehabilitation Act of 1973 and Title VI of the Civil Rights Act of 1964, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. The DHS Standard Terms and Conditions include a fuller list of the civil rights provisions that apply to recipients. These terms and conditions can be found in the DHS Standard Terms and Conditions. Additional information on civil rights provisions is also available through FEMA.gov External Civil Rights Division. Monitoring and oversight requirements in connection with recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R. Part 7. In accordance with civil rights laws and regulations, recipients and subrecipients must ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. c. Environmental Planning and Historic Preservation (EHP) Compliance As a federal agency, FEMA is required to consider the effects of its actions on the environment and historic properties to ensure that all activities and programs funded by FEMA, including grant-funded projects, comply with federal EHP laws, Executive Orders, regulations, and policies, as applicable. All non-critical new construction or substantial improvement of structures in a Special Flood Hazard Area must, at a minimum, apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach unless doing so would cause the project to be unable to meet applicable program cost-effectiveness requirements. All other types of projects may choose to apply the flood elevations of the Federal Flood Risk Management Standard’s Freeboard Value Approach. See Executive Order (EO) 14030, Climate-Related Financial Risk and FEMA Policy #-206-21-0003, Partial Implementation of the Federal 159 28 FY 2023 AFG NOFO Flood Risk Management Standard for Hazard Mitigation Assistance Programs (Interim) (fema.gov). Recipients and subrecipients proposing projects that have the potential to impact the environment, including, but not limited to, the construction of communication towers, modification or renovation of existing buildings, structures, and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description along with any supporting documentation requested by FEMA in order to determine whether the proposed project has the potential to impact environmental resources or historic properties. In some cases, FEMA is also required to consult with other regulatory agencies and the public in order to complete the review process. Federal law requires EHP review to be completed before federal funds are released to carry out proposed projects. FEMA may not be able to fund projects that are not incompliance with applicable EHP laws, Executive Orders, regulations, and policies. DHS and FEMA EHP policy is found in directives and instructions available on the FEMA.gov EHP page, the FEMA website page that includes documents regarding EHP responsibilities and program requirements, including implementation of the National Environmental Policy Act and other EHP regulations and Executive Orders. Applicants may attach the EHP forms during the application period for the project(s) they wish to pursue; however, it does not guarantee award. Once the awards are announced, it is the responsibility of the grant recipients to supply the required EHP form at that time to DHS/FEMA, if they have not submitted already during the application period. Applicants can only proceed with their project(s) once the EHP review is completed and approved. DHS/FEMA may notify grant recipients via email if EHP review is required and will provide instructions on how to comply. The GPD EHP screening form is located at https://www.fema.gov/media- library/assets/documents/90195. Additionally, all recipients under this funding opportunity are required to comply with the FEMA GPD EHP Policy Guidance, FEMA Policy #108-023- 1, available at https://www.fema.gov/media-library/assets/documents/85376. All modifications to facility activities, and any renovation to facilities that would qualify as a modification to a facility supporting activities under Training, Equipment, PPE, or Wellness and Fitness, will require an EHP review. Some Equipment activities will require an EHP review as well. Such activities include but are not limited to the installation of: • Air compressor/fill station/cascade system (fixed) for filling Self-Contained; Breathing Apparatus (SCBA); • Air quality systems; • Fire/smoke/carbon monoxide alarm systems for the facility (life safety); • Generators (fixed); • Sprinklers; 160 29 FY 2023 AFG NOFO • Vehicle exhaust systems (fixed); • Washer/dryer/extractor; • Fixed communications antennas onto a building; • Building renovations such as removal of walls or installation of electrical or water lines; • Training/exercises in natural settings such as rope or swift water; • LED signs ; and • Any scope of work that involves ground disturbances. The following activities would not require the submission of the FEMA EHP Screening Form: • Planning and development of policies or processes; • Management, administrative, or personnel actions; • Classroom-based training; • Acquisition of mobile and portable equipment (not involving installation) on or in a building, and does not require a storage area to be constructed; and • Purchase of PPE and/or SCBA. 5. Reporting Recipients are required to submit various financial and programmatic reports as a condition of award acceptance. Future awards and funds drawdown may be withheld if these reports are delinquent. Recipients should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of purchasing documentation along with copies of cancelled checks or other proof of payment documentation for verification. a. Financial Reporting Requirements I. FEDERAL FINANCIAL REPORT (FFR) Recipients must report obligations and expenditures through the FFR form (SF-425) to FEMA. Recipients may review the Federal Financial Reporting Form (FFR) (SF-425) on grants.gov. Recipients must file the FFR electronically using FEMA GO. II. FFR REPORTING PERIODS AND DUE DATES Recipients are required to submit a Federal Financial Report (FFR or SF-425) on a semi- annual basis. The FFR must be submitted through FEMA GO based on the calendar year beginning with the period after the award is made. Grant recipients are required to submit an FFR throughout the entire period of performance of the grant and for closeout. Reports are due: • No later than July 30 (for the period January 1 – June 30) • No later than January 30 (for the period July 1 – December 31) • Within 120 days after the end of the Period of Performance Future awards and fund drawdowns may be withheld if these reports are delinquent, demonstrate lack of progress, or are insufficient in detail. b. Programmatic Performance Reporting Requirements 161 30 FY 2023 AFG NOFO I. PERFORMANCE PROGRESS REPORT (PPR) The recipient is responsible for completing and submitting a PPR using FEMA GO. The PPR should include: • A brief narrative of overall project(s) status; • A summary of project expenditures; and • A description of any potential issues that may affect project completion. II. PPR Periods and Due Dates The following reporting periods and due dates apply for the PPR: • No later than July 30 (for the period January 1 – June 30) • No later than January 30 (for the period July 1 – December 31) c. Closeout Reporting Requirements I. CLOSEOUT REPORTING Within 120 calendar days after the end of the period of performance for the prime award or after an amendment has been issued to close out an award before the original Period of Performance (POP) ends, recipients must liquidate all financial obligations and must submit the following: i. The final request for payment, if applicable. ii. The final FFR (SF-425). iii. The final progress report detailing all accomplishments, including a narrative summary of the impact of those accomplishments throughout the period of performance. v. Other documents required by this NOFO, terms and conditions of the award, or other FEMA guidance. In addition, pass-through entities are responsible for closing out their subawards as described in 2 C.F.R. § 200.344; subrecipients are still required to submit closeout materials within 90 calendar days of the period of performance end date. When a subrecipient completes all closeout requirements, pass-through entities must promptly complete all closeout actions for subawards in time for the recipient to submit all necessary documentation and information to FEMA during the closeout of the prime award. After the prime award closeout reports have been reviewed and approved by FEMA, a closeout notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for at least three years from the date of the final FFR. The record retention period may be longer, such as due to an audit or litigation, for equipment or real property used beyond the period of performance, or due to other circumstances outlined in 2 C.F.R. § 200.334. The recipient is responsible for refunding to FEMA any balances of unobligated cash that FEMA paid that are not authorized to be retained per 2 C.F.R. § 200.344(d). II. ADMINISTRATIVE CLOSEOUT 162 31 FY 2023 AFG NOFO Administrative closeout is a mechanism for FEMA to unilaterally move forward with closeout of an award using available award information in lieu of final reports from the recipient per 2 C.F.R. § 200.344(h)-(i). It is a last resort available to FEMA, and if FEMA needs to administratively close an award, this may negatively impact a recipient’s ability to obtain future funding. This mechanism can also require FEMA to make cash or cost adjustments and ineligible cost determinations based on the information it has, which may result in identifying a debt owed to FEMA by the recipient. When a recipient is not responsive to FEMA’s reasonable efforts to collect required reports needed to complete the standard closeout process, FEMA is required under 2 C.F.R. § 200.344(h) to start the administrative closeout process within the regulatory timeframe. FEMA will make at least three written attempts to collect required reports before initiating administrative closeout. If the recipient does not submit all required reports in accordance with 2 C.F.R. § 200.344, this NOFO, and the terms and conditions of the award, FEMA must proceed to administratively close the award with the information available within one year of the period of performance end date. Additionally, if the recipient does not submit all required reports within one year of the period of performance end date, per 2 C.F.R. § 200.344(i), FEMA must report in FAPIIS the recipient’s material failure to comply with the terms and conditions of the award. If FEMA administratively closes an award where no final FFR has been submitted, FEMA uses that administrative closeout date in lieu of the final FFR submission date as the start of the record retention period under 2 C.F.R. § 200.334. In addition, if an award is administratively closed, FEMA may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future awards. d. Additional Reporting Requirements I. DISCLOSING INFORMATION PER 2 C.F.R. § 180.335 This reporting requirement pertains to disclosing information related to government-wide suspension and debarment requirements. Before a recipient enters into a grant award with FEMA, the recipient must notify FEMA if it knows if it or any of the recipient’s principals under the award fall under one or more of the four criteria listed at 2 C.F.R. § 180.335: i. Are presently excluded or disqualified; ii. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. § 180.800(a) or had a civil judgment rendered against it or any of the recipient’s principals for one of those offenses within that time period; iii. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses listed in 2 C.F.R. § 180.800(a); or iv. Have had one or more public transactions (federal, state or local) terminated within the preceding three years for cause or default. At any time after accepting the award, if the recipient learns that it or any of its principals falls under one or more of the criteria listed at 2 C.F.R. § 180.335, the recipient must 163 32 FY 2023 AFG NOFO provide immediate written notice to FEMA in accordance with 2 C.F.R. § 180.350. II. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE Per 2 C.F.R. Part 200, Appendix I § F.3, the additional post-award reporting requirements in 2 C.F.R. Part 200, Appendix XII may apply to applicants who, if upon becoming recipients, have a total value of currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies that exceeds $10 million for any period of time during the period of performance of an award under this funding opportunity. Recipients that meet these criteria must maintain current information reported in FAPIIS about civil, criminal, or administrative proceedings described in paragraph 2 of Appendix XII at the reporting frequency described in paragraph 4 of Appendix XII. III. SINGLE AUDIT REPORT For audits of fiscal years beginning on or after December 26, 2014, recipients that expend $750,000 or more from all federal funding sources during their fiscal year are required to submit an organization-wide financial and compliance audit report, also known as the single audit report. The audit must be performed in accordance with the requirements of U.S. Government Accountability Office’s (GAO) Government Auditing Standards, and the requirements of Subpart F of 2 C.F.R. Part 200. 6. Monitoring and Oversight Per 2 C.F.R. § 200.337, FEMA, through its authorized representatives, has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, FEMA will review recipients’ files related to the award. As part of any monitoring and program evaluation activities, recipients must permit FEMA, upon reasonable notice, to review grant-related records and to interview the organization’s staff and contractors regarding the program. Recipients must respond in a timely and accurate manner to FEMA requests for information relating to the award. Effective monitoring and oversight help FEMA ensure that recipients use grant funds for their intended purpose(s); verify that projects undertaken are consistent with approved plans; and ensure that recipients make adequate progress toward stated goals and objectives. Additionally, monitoring serves as the primary mechanism to ensure that recipients comply with applicable laws, rules, regulations, program guidance, and requirements. FEMA regularly monitors all grant programs both financially and programmatically in accordance with federal laws, regulations (including 2 C.F.R. Part 200), program guidance, and the terms and conditions of the award. All monitoring efforts ultimately serve to evaluate progress towards grant goals and proactively target and address issues that may threaten grant success during the period of performance. FEMA staff will periodically monitor recipients to ensure that administrative processes, policies and procedures, budgets, and other related award criteria are meeting Federal 164 33 FY 2023 AFG NOFO Government-wide and FEMA regulations. Aside from reviewing quarterly financial and programmatic reports, FEMA may also conduct enhanced monitoring through either desk- based reviews, onsite monitoring visits, or both. Enhanced monitoring will involve the review and analysis of the financial compliance and administrative processes, policies, activities, and other attributes of each federal assistance award, and it will identify areas where the recipient may need technical assistance, corrective actions, or other support. Financial and programmatic monitoring are complementary processes within FEMA’s overarching monitoring strategy that function together to ensure effective grants management, accountability and transparency; validate progress against grant and program goals; and safeguard federal funds against fraud, waste, and abuse. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements, while programmatic monitoring seeks to validate and assist in grant progress, targeting issues that may be hindering achievement of project goals and ensuring compliance with the purpose of the grant and grant program. Both monitoring processes are similar in that they feature initial reviews of all open awards, and additional, in-depth monitoring of grants requiring additional attention. Recipients and subrecipients who are pass-through entities are responsible for monitoring their subrecipients in a manner consistent with the terms of the federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity’s responsibility to monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. In terms of overall award management, recipient and subrecipient responsibilities include, but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, or other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200. G. DHS Awarding Agency Contact Information 1. Contact and Resource Information a. AFG Program Office Contact The AFG Program Help Desk provides technical assistance to applicants for the online completion and submission of applications into FEMA GO, answers questions concerning applicant eligibility and recipient responsibilities, and helps in the programmatic administration of awards. The AFG Program Help Desk can be contacted at (866) 274-0960 or by email at FireGrants@fema.dhs.gov. Normal hours of operation are from 8 a.m. to 4:30 p.m. ET, Monday through Friday. b. FEMA Grants News FEMA Grants News is a non-emergency comprehensive management and information resource developed by FEMA for grants stakeholders. FEMA Grants News provides general information on all FEMA grant programs and maintains a comprehensive database 165 34 FY 2023 AFG NOFO containing key personnel contact information at the federal, state, and local levels. When necessary, recipients will be directed to a federal point of contact who can answer specific programmatic questions or concerns. FEMA Grants News can be reached by phone at (800) 368-6498 or by e-mail at FEMA-Grants-News@fema.dhs.gov, Monday through Friday, 9 a.m. – 5 p.m. ET. c. Grant Programs Directorate (GPD) Award Administration Division GPD’s Award Administration Division (AAD) provides support regarding financial matters and budgetary technical assistance. Additional guidance and information can be obtained by contacting the AAD’s Help Desk via e-mail at ASK-GMD@fema.dhs.gov. d. FEMA Regional Offices Each FEMA region has Fire Program Specialists who can assist applicants with application information, award administration, and technical assistance. FEMA Regional Office contact information is available on the FEMA website at; Assistance to Firefighter Grants Regional Contacts. e. Equal Rights The FEMA Office of Equal Rights (OER) is responsible for compliance with and enforcement of federal civil rights obligations in connection with programs and services conducted by FEMA and recipients of FEMA financial assistance. All inquiries and communications about federal civil rights compliance for FEMA grants under this NOFO should be sent to FEMA-CivilRightsOffice@fema.dhs.gov. f. Environmental Planning and Historic Preservation GPD’s EHP Team provides guidance and information about the EHP review process to recipients and subrecipients. All inquiries and communications about GPD projects under this NOFO or the EHP review process, including the submittal of EHP review materials, should be sent to gpdehpinfo@fema.dhs.gov. 2. Systems Information a. FEMA GO For technical assistance with the FEMA GO system, please contact the FEMA GO Helpdesk at femago@fema.dhs.gov or (877) 585-3242, Monday through Friday, 9 a.m. – 6 p.m. ET. H. Additional Information 1. Termination Provisions FEMA may terminate a federal award in whole or in part for one of the following reasons. FEMA and the recipient must still comply with closeout requirements at 2 C.F.R. §§ 200.344-200.345 even if an award is terminated in whole or in part. To the extent that subawards are permitted under this NOFO, pass-through entities should refer to 2 C.F.R. § 200.340 for additional information on termination regarding subawards. a. Noncompliance 166 35 FY 2023 AFG NOFO If a recipient fails to comply with the terms and conditions of a federal award, FEMA may terminate the award in whole or in part. If the noncompliance can be corrected, FEMA may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be corrected or the recipient is non- responsive, FEMA may proceed with a Remedy Notification, which could impose a remedy for noncompliance per 2 C.F.R. § 200.339, including termination. Any action to terminate based on noncompliance will follow the requirements of 2 C.F.R. §§ 200.341-200.342 as well as the requirement of 2 C.F.R. § 200.340(c) to report in FAPIIS the recipient’s material failure to comply with the award terms and conditions. See also the section on Actions to Address Noncompliance in this NOFO. b. With the Consent of the Recipient FEMA may also terminate an award in whole or in part with the consent of the recipient, in which case the parties must agree upon the termination conditions, including the effective date, and in the case of partial termination, the portion to be terminated. c. Notification by the Recipient The recipient may terminate the award, in whole or in part, by sending written notification to FEMA setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. In the case of partial termination, FEMA may determine that a partially terminated award will not accomplish the purpose of the federal award, so FEMA may terminate the award in its entirety. If that occurs, FEMA will follow the requirements of 2 C.F.R. §§ 200.341-200.342 in deciding to fully terminate the award. 2. Program Evaluation Federal agencies are encouraged to structure NOFOs that incorporate program evaluation activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting agency priority goal(s) and program outcomes. OMB Memorandum M-21-27, Evidence-Based Policymaking: Learning Agendas and Annual Evaluation Plans, implementing Title I of the Foundations for Evidence-Based Policymaking Act of 2018, Pub. L. No. 115-435 (2019) (Evidence Act), urges federal awarding agencies to use program evaluation as a critical tool to learn, improve equitable delivery, and elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and efficiency.” Evidence Act, § 101 (codified at 5 U.S.C. § 311). As such, recipients and subrecipients are required to participate in a DHS-, Component, or Program Office-led evaluation if selected, which may be carried out by a third-party on behalf of the DHS, its component agencies, or the Program Office. Such an evaluation may involve information collections including but not limited to surveys, interviews, or discussions with individuals who benefit from the federal award program operating personnel, and award recipients, as specified in a DHS-, component agency-, or Program Office-approved evaluation plan. More details about evaluation requirements may be provided in the federal award, if available at that time, or following the award as evaluation 167 36 FY 2023 AFG NOFO requirements are finalized. Evaluation costs incurred during the period of performance are allowable costs (either as direct or indirect) Recipients and subrecipients are also encouraged, but not required, to participate in any additional evaluations after the period of performance ends, although any costs incurred to participate in such evaluations are not allowable and may not be charged to the federal award. 3. Period of Performance Extensions Extensions to the POP for this program are allowed. Extensions to the POP identified in the award will only be considered through formal, written requests via FEMA GO and must contain specific and compelling justifications as to why an extension is required. Recipients are advised to coordinate with the FEMA Fire Program Specialist or Program Analyst as needed when preparing an extension request. All extension requests must address the following: a. The grant program, fiscal year, and award number; b. Reason for the delay –including details of the legal, policy, or operational challenges that prevent the final outlay of awarded funds by the deadline; c. Current status of the activity(ies); d. Approved POP termination date and new project completion date; e. Amount of funds drawn down to date; f. Remaining available funds, both federal and, if applicable, non-federal; g. Budget outlining how remaining federal and, if applicable, non-federal funds will be expended; h. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and i. Certification that the activity(ies) will be completed within the extended POP without any modification to the original statement of work, as described in the original statement of work and as approved by FEMA. Extension requests will be granted only due to compelling legal, policy, or operational challenges. Extension requests will only be considered for the following reasons: • Contractual commitments by the recipient or subrecipient with vendors prevent completion of the project, including delivery of equipment or services, within the existing POP; • The project must undergo a complex environmental review that cannot be completed within the existing POP; • Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. Recipients should submit all proposed extension requests to FEMA for review and approval at least 60 days before the end of the POP to allow sufficient processing time. Extensions are typically granted for no more than six months. 168 37 FY 2023 AFG NOFO Example: Recipients may request an extension when an equipment order was placed during the POP but factors beyond the recipient’s control have resulted in a delay in the expected delivery and receipt of the equipment outside of the existing POP; or where a specific statute or regulation mandates an environmental review that cannot be completed within this timeframe or where other extenuating circumstances warrant a brief extension. 4. Disability Integration Pursuant to Section 504 of the Rehabilitation Act of 1973, recipients of FEMA financial assistance must ensure that their programs and activities do not discriminate against other qualified individuals with disabilities. Grant recipients should engage with the whole community to advance individual and community preparedness and to work as a nation to build and sustain resilience. In doing so, recipients are encouraged to consider the needs of individuals with disabilities into the activities and projects funded by the grant. FEMA expects that the integration of the needs of people with disabilities will occur at all levels, including planning; alerting, notification, and public outreach; training; purchasing of equipment and supplies; protective action implementation; and exercises/drills. The following are examples that demonstrate the integration of the needs of people with disabilities in carrying out FEMA awards: • Include representatives of organizations that work with/for people with disabilities on planning committees, work groups and other bodies engaged in development and implementation of the grant programs and activities. • Hold all activities related to the grant in locations that are accessible to persons with physical disabilities to the extent practicable. • Acquire language translation services, including American Sign Language, that provide public information across the community and in shelters. • Ensure shelter-specific grant funds are in alignment with FEMA’s Guidance on Planning for Integration of Functional Needs Support Services in General Population Shelters. • If making alterations to an existing building to a primary function area utilizing federal funds, complying with the most recent codes and standards and making path of travel to the primary function area accessible to the greatest extent possible. • Implement specific procedures used by public transportation agencies that include evacuation and passenger communication plans and measures for individuals with disabilities. • Identify, create, and deliver training to address any training gaps specifically aimed toward whole-community preparedness. Include and interact with individuals with disabilities, aligning with the designated program capability. • Establish best practices in inclusive planning and preparedness that consider physical access, language access, and information access. Examples of effective communication access include providing auxiliary aids and services such as sign language interpreters, Computer Aided Real-time Translation (CART), and materials in Braille or alternate formats. 169 38 FY 2023 AFG NOFO FEMA grant recipients can fund projects towards the resiliency of the whole community, including people with disabilities, such as training, outreach, and safety campaigns, provided that the project aligns with this NOFO and the terms and conditions of the award. 5. Conflicts of Interest in the Administration of Federal Awards or Subawards For conflicts of interest under grant-funded procurements and contracts, refer to the section on Procurement Integrity in this NOFO and 2 C.F.R. §§ 200.317 – 200.327. To eliminate and reduce the impact of conflicts of interest in the subaward process, recipients and pass-through entities must follow their own policies and procedures regarding the elimination or reduction of conflicts of interest when making subawards. Recipients and pass-through entities are also required to follow any applicable federal and state, local, tribal, or territorial (SLTT) statutes or regulations governing conflicts of interest in the making of subawards. The recipient or pass-through entity must disclose to the respective Program Analyst or Program Manager, in writing, any real or potential conflict of interest that may arise during the administration of the federal award, as defined by the federal or SLTT statutes or regulations or their own existing policies, within five days of learning of the conflict of interest. Similarly, subrecipients, whether acting as subrecipients or as pass-through entities, must disclose any real or potential conflict of interest to the recipient or next-level pass- through entity as required by the recipient or pass-through entity’s conflict of interest policies, or any applicable federal or SLTT statutes or regulations. Conflicts of interest may arise during the process of FEMA making a federal award in situations where an employee, officer, or agent, any members of his or her immediate family, his or her partner has a close personal relationship, a business relationship, or a professional relationship, with an applicant, subapplicant, recipient, subrecipient, or FEMA employees. 6. Procurement Integrity Through audits conducted by the DHS Office of Inspector General (OIG) and FEMA grant monitoring, findings have shown that some FEMA recipients have not fully adhered to the proper procurement requirements at 2 C.F.R. §§ 200.317 – 200.327 when spending grant funds. Anything less than full compliance with federal procurement requirements jeopardizes the integrity of the grant as well as the grant program. To assist with determining whether an action is a procurement or instead a subaward, please consult 2 C.F.R. § 200.331. For detailed guidance on the federal procurement standards, recipients and subrecipients should refer to various materials issued by FEMA’s Procurement Disaster Assistance Team (PDAT), such as the PDAT Field Manual and Contract Provisions Guide. Additional resources, including an upcoming trainings schedule can be found on the PDAT Website: Contracting with Federal Funds for Goods and Services Before, During and After Disasters. The below highlights the federal procurement requirements for FEMA recipients when procuring goods and services with federal grant funds. FEMA will include a review of recipients’ procurement practices as part of the normal monitoring activities. All 170 39 FY 2023 AFG NOFO procurement activity must be conducted in accordance with federal procurement standards at 2 C.F.R. §§ 200.317 – 200.327. Select requirements under these standards are listed below. The recipient and any of its subrecipients must comply with all requirements, even if they are not listed below. Under 2 C.F.R. § 200.317, when procuring property and services under a federal award, states (including territories) must follow the same policies and procedures they use for procurements from their non-federal funds; additionally, states must now follow 2 C.F.R. § 200.321 regarding socioeconomic steps, 200.322 regarding domestic preferences for procurements, 200.323 regarding procurement of recovered materials, and 2 C.F.R. § 200.327 regarding required contract provisions. All other non-federal entities, such as tribes (collectively, non-state entities), must have and use their own documented procurement procedures that reflect applicable SLTT laws and regulations, provided that the procurements conform to applicable federal law and the standards identified in 2 C.F.R. Part 200. These standards include, but are not limited to, providing for full and open competition consistent with the standards of 2 C.F.R. § 200.319 and the required procurement methods at § 200.320. a. Important Changes to Procurement Standards in 2 C.F.R. Part 200 OMB recently updated various parts of Title 2 of the Code of Federal Regulations, among them, the procurement standards. States are now required to follow the socioeconomic steps in soliciting small and minority businesses, women’s business enterprises, and labor surplus area firms per 2 C.F.R. § 200.321. All non-federal entities should also, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States per 2 C.F.R. § 200.322. More information on OMB’s revisions to the federal procurement standards can be found in Purchasing Under a FEMA Award: OMB Revisions Fact Sheet. The recognized procurement methods in 2 C.F.R. § 200.320 have been reorganized into informal procurement methods, which include micro-purchases and small purchases; formal procurement methods, which include sealed bidding and competitive proposals; and noncompetitive procurements. The federal micro-purchase threshold is currently $10,000, and non-state entities may use a lower threshold when using micro-purchase procedures under a FEMA award. If a non-state entity wants to use a micro-purchase threshold higher than the federal threshold, it must follow the requirements of 2 C.F.R. § 200.320(a)(1)(iii)- (v). The federal simplified acquisition threshold is currently $250,000, and a non-state entity may use a lower threshold but may not exceed the federal threshold when using small purchase procedures under a FEMA award. See 2 C.F.R. § 200.1 (citing the definition of simplified acquisition threshold from 48 C.F.R. Part 2, Subpart 2.1). See 2 C.F.R. §§ 200.216, 200.471, and Appendix II as well as Section D.10.a of the NOFO regarding prohibitions on covered telecommunications equipment or services. b. Competition and Conflicts of Interest 171 40 FY 2023 AFG NOFO Among the requirements of 2 C.F.R. § 200.319(b) applicable to all non-federal entities other than states, in order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements. FEMA considers these actions to be an organizational conflict of interest and interprets this restriction as applying to contractors that help a non- federal entity develop its grant application, project plans, or project budget. This prohibition also applies to the use of former employees to manage the grant or carry out a contract when those former employees worked on such activities while they were employees of the non- federal entity. Under this prohibition, unless the non-federal entity solicits for and awards a contract covering both development and execution of specifications (or similar elements as described above), and this contract was procured in compliance with 2 C.F.R. §§ 200.317 – 200.327, federal funds cannot be used to pay a contractor to carry out the work if that contractor also worked on the development of those specifications. This rule applies to all contracts funded with federal grant funds, including pre-award costs, such as grant writer fees, as well as post- award costs, such as grant management fees. Additionally, some of the situations considered to be restrictive of competition include, but are not limited to: • Placing unreasonable requirements on firms for them to qualify to do business; • Requiring unnecessary experience and excessive bonding; • Noncompetitive pricing practices between firms or between affiliated companies; • Noncompetitive contracts to consultants that are on retainer contracts; • Organizational conflicts of interest; • Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and • Any arbitrary action in the procurement process. Per 2 C.F.R. § 200.319(c), non-federal entities other than states must conduct procurements in a manner that prohibits the use of statutorily or administratively imposed SLTT geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state licensing laws. When contracting for architectural and engineering services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract. Under 2 C.F.R. § 200.318(c)(1), non-federal entities other than states are required to maintain written standards of conduct covering conflicts of interest and governing the actions of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such conflicts of interest would arise when the employee, officer or agent, any member of 172 41 FY 2023 AFG NOFO his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. However, non-federal entities may set standards for situations in which the financial interest is not substantial, or the gift is an unsolicited item of nominal value. The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-federal entity. Under 2 C.F.R. 200.318(c)(2), if the recipient or subrecipient (other than states) has a parent, affiliate, or subsidiary organization that is not a state, local, tribal, or territorial government, the non-federal entity must also maintain written standards of conduct covering organizational conflicts of interest. In this context, organizational conflict of interest means that because of a relationship with a parent company, affiliate, or subsidiary organization, the non-federal entity is unable or appears to be unable to be impartial in conducting a procurement action involving a related organization. The non-federal entity must disclose in writing any potential conflicts of interest to FEMA or the pass-through entity in accordance with applicable FEMA policy. c. Supply Schedules and Purchasing Programs Generally, a non-federal entity may seek to procure goods or services from a federal supply schedule, state supply schedule, or group purchasing agreement. I. GENERAL SERVICES ADMINISTRATION SCHEDULES States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may procure goods and services from a General Services Administration (GSA) schedule. GSA offers multiple efficient and effective procurement programs for state, tribal, and local governments, and instrumentalities thereof, to purchase products and services directly from pre-vetted contractors. The GSA Schedules (also referred to as the Multiple Award Schedules and the Federal Supply Schedules) are long-term government-wide contracts with commercial firms that provide access to millions of commercial products and services at volume discount pricing. Information about GSA programs for states, tribes, and local governments, and instrumentalities thereof, can be found on the U.S General Services Administration website: State and Local Governments | GSA. For tribes, local governments, and their instrumentalities that purchase off of a GSA schedule, this will satisfy the federal requirements for full and open competition provided that the recipient follows the GSA ordering procedures; however, tribes, local governments, and their instrumentalities will still need to follow the other rules under 2 C.F.R. §§ 200.317 – 200.327, such as solicitation of minority businesses, women’s business enterprises, small businesses, or labor surplus area firms (§ 200.321), domestic preferences (§ 200.322), contract cost and price (§ 200.324), and required contract provisions (§ 200.327 and Appendix II). 173 42 FY 2023 AFG NOFO II. OTHER SUPPLY SCHEDULES AND PROGRAMS For non-federal entities other than states, such as tribes, local governments, and nonprofits, that want to procure goods or services from a state supply schedule, cooperative purchasing program, or other similar program, in order for such procurements to be permissible under federal requirements, the following must be true: • The procurement of the original contract or purchasing schedule and its use by the non-federal entity complies with state and local law, regulations, and written procurement procedures; • The state or other entity that originally procured the original contract or purchasing schedule entered into the contract or schedule with the express purpose of making it available to the non-federal entity and other similar types of entities; • The contract or purchasing schedule specifically allows for such use, and the work to be performed for the non-federal entity falls within the scope of work under the contract as to type, amount, and geography; • The procurement of the original contract or purchasing schedule complied with all the procurement standards applicable to a non-federal entity other than states under at 2 C.F.R. §§ 200.317 – 200.327; and • With respect to the use of a purchasing schedule, the non-federal entity must follow ordering procedures that adhere to applicable state, tribal, and local laws and regulations and the minimum requirements of full and open competition under 2 C.F.R. Part 200. If a non-federal entity other than a state seeks to use a state supply schedule, cooperative purchasing program, or other similar type of arrangement, FEMA recommends the recipient discuss the procurement plans with its FEMA Fire Program Specialist or Program Analyst. d. Procurement Documentation Per 2 C.F.R. § 200.318(i), non-federal entities other than states and territories are required to maintain and retain records sufficient to detail the history of procurement covering at least the rationale for the procurement method, selection of contract type, contractor selection or rejection, and the basis for the contract price. States and territories are encouraged to maintain and retain this information as well and are reminded that in order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Examples of the types of documents that would cover this information include but are not limited to: • Solicitation documentation, such as requests for quotes, invitations for bids, or requests for proposals; • Responses to solicitations, such as quotes, bids, or proposals; • Pre-solicitation independent cost estimates and post-solicitation cost/price analyses on file for review by federal personnel, if applicable; • Contract documents and amendments, including required contract provisions; and • Other documents required by federal regulations applicable at the time a grant is awarded to a recipient. 174 43 FY 2023 AFG NOFO • Additional information on required procurement records can be found on pages 24-26 of the PDAT Field Manual. 7. Financial Assistance Programs for Infrastructure a. Build America, Buy America Act Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also 2 C.F.R. Part 184 and Office of Management and Budget (OMB) Memorandum M-24-02, Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. None of the funds provided under this program may be used for a project for infrastructure unless the iron and steel, manufactured products, and construction materials used in that infrastructure are produced 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. To see whether a particular FEMA federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. b. Waivers When necessary, recipients (and subrecipients through their pass-through entity) may apply for, and FEMA may grant, a waiver from these requirements. A waiver of the domestic content procurement preference may be granted by the agency awarding official if FEMA determines that: • Applying the domestic content procurement preference would be inconsistent with the public interest. • The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality. • The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25%. 175 44 FY 2023 AFG NOFO For FEMA awards, the process for requesting a waiver from the Buy America preference requirements can be found on FEMA’s website at: "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. c. Definitions Construction materials: an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, paint, and drywall. Domestic content procurement preference: Means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. Federal financial assistance: Generally defined in 2 C.F.R. § 200.1 and includes all expenditures by a federal agency to a non-federal entity for an infrastructure project, except that it does not include expenditures for assistance authorities relating to major disasters or emergencies under sections 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act relating to a major disaster or emergency declared under section 401 or 501, respectively, or pre and post disaster or emergency response expenditures. Infrastructure: infrastructure projects which serve a public function, including at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy. Produced in the United States means the following for: • Iron and steel: All manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. • Manufactured products: The 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. • Construction Materials: All manufacturing processes for the construction material occurred in the United States. 176 45 FY 2023 AFG NOFO Project: is any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States. 8. Record Retention a. Record Retention Period Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a federal award generally must be maintained for at least three years from the date the final FFR is submitted. See 2 C.F.R. § 200.334. Further, if the recipient does not submit a final FFR and the award is administratively closed, FEMA uses the date of administrative closeout as the start of the general record retention period. The record retention period may be longer than three years or have a different start date in certain cases. These include: • Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition of the property. See 2 C.F.R. § 200.334(c). • If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. See 2 C.F.R. § 200.334(a). • The record retention period will be extended if the non-federal entity is notified in writing of the extension by FEMA, the cognizant or oversight agency for audit, or the cognizant agency for indirect costs, or pass-through entity. See 2 C.F.R. § 200.334(b). • Where FEMA requires recipients to report program income after the period of performance ends, the program income record retention period begins at the end of the recipient’s fiscal year in which program income is earned. See 2 C.F.R. § 200.334(e). • For indirect cost rate computations and proposals, cost allocation plans, or any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates), the start of the record retention period depends on whether the indirect cost rate documents were submitted for negotiation. If the indirect cost rate documents were submitted for negotiation, the record retention period begins from the date those documents were submitted for negotiation. If indirect cost rate documents were not submitted for negotiation, the record retention period begins at the end of the recipient’s fiscal year or other accounting period covered by that indirect cost rate. See 2 C.F.R. § 200.334(f). b. Types of Records to Retain FEMA requires that non-federal entities maintain the following documentation for federally funded purchases: • Specifications; • Solicitations; • Competitive quotes or proposals; • Basis for selection decisions; 177 46 FY 2023 AFG NOFO • Purchase orders; • Contracts; • Invoices; and • Canceled checks. Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g). Non-federal entities who fail to fully document all purchases may find their expenditures questioned and subsequently disallowed. 9. Actions to Address Noncompliance Non-federal entities receiving financial assistance funding from FEMA are required to comply with requirements in the terms and conditions of their awards or subawards, including the terms set forth in applicable federal statutes, regulations, NOFOs, and policies. Throughout the award lifecycle or even after an award has been closed, FEMA or the pass- through entity may discover potential or actual noncompliance on the part of a recipient or subrecipient. This potential or actual noncompliance may be discovered through routine monitoring, audits, closeout, or reporting from various sources. In the case of any potential or actual noncompliance, FEMA may place special conditions on an award per 2 C.F.R. §§ 200.208 and 200.339, FEMA may place a hold on funds until the matter is corrected, or additional information is provided per 2 C.F.R. § 200.339, or it may do both. Similar remedies for noncompliance with certain federal civil rights laws are authorized pursuant to 44 C.F.R. Parts 7 and 19. In the event the noncompliance is not able to be corrected by imposing additional conditions or the recipient or subrecipient refuses to correct the matter, FEMA might take other remedies allowed under 2 C.F.R. § 200.339. These remedies include actions to disallow costs, recover funds, wholly or partly suspend or terminate the award, initiate suspension and debarment proceedings, withhold further federal awards, or take other remedies that may be legally available. For further information on termination due to noncompliance, see the section on Termination Provisions in the NOFO. FEMA may discover and take action on noncompliance even after an award has been closed. The closeout of an award does not affect FEMA’s right to disallow costs and recover funds as long the action to disallow costs takes place during the record retention period. See 2 C.F.R. §§ 200.334, 200.345(a). Closeout also does not affect the obligation of the non-federal entity to return any funds due as a result of later refunds, corrections, or other transactions. 2 C.F.R. § 200.345(a)(2). 178 47 FY 2023 AFG NOFO The types of funds FEMA might attempt to recover include, but are not limited to, improper payments, cost share reimbursements, program income, interest earned on advance payments, or equipment disposition amounts. FEMA may seek to recover disallowed costs through a Notice of Potential Debt Letter, a Remedy Notification, or other letter. The document will describe the potential amount owed, the reason why FEMA is recovering the funds, the recipient’s appeal rights, how the amount can be paid, and the consequences for not appealing or paying the amount by the deadline. If the recipient neither appeals nor pays the amount by the deadline, the amount owed will become final. Potential consequences if the debt is not paid in full or otherwise resolved by the deadline include the assessment of interest, administrative fees, and penalty charges; administratively offsetting the debt against other payable federal funds; and transferring the debt to the U.S. Department of the Treasury for collection. FEMA notes the following common areas of noncompliance for FEMA’s grant programs: • Insufficient documentation and lack of record retention. • Failure to follow the procurement under grants requirements. • Failure to submit closeout documents in a timely manner. • Failure to follow EHP requirements. • Failure to comply with the POP deadline. 10. Audits FEMA grant recipients are subject to audit oversight from multiple entities including the DHS OIG, the GAO, the pass-through entity, or independent auditing firms for single audits, and may cover activities and costs incurred under the award. Auditing agencies such as the DHS OIG, the GAO, and the pass-through entity (if applicable), and FEMA in its oversight capacity, must have access to records pertaining to the FEMA award. Recipients and subrecipients must retain award documents for at least three years from the date the final FFR is submitted, and even longer in many cases subject to the requirements of 2 C.F.R. § 200.334. In the case of administrative closeout, documents must be retained for at least three years from the date of closeout, or longer subject to the requirements of 2 C.F.R. § 200.334. If documents are retained longer than the required retention period, the DHS OIG, the GAO, and the pass-through entity, as well as FEMA in its oversight capacity, have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.337. Additionally, non-federal entities must comply with the single audit requirements at 2 C.F.R. Part 200, Subpart F. Specifically, non-federal entities, other than for-profit subrecipients, that expend $750,000 or more in federal awards during their fiscal year must have a single or program-specific audit conducted for that year in accordance with Subpart F. 2 C.F.R. § 200.501. A single audit covers all federal funds expended during a fiscal year, not just FEMA funds. The cost of audit services may be allowable per 2 C.F.R. § 200.425, but non-federal entities must select auditors in accordance with 2 C.F.R. § 200.509, including following the proper procurement procedures. For additional information on single audit reporting requirements, see Section F.d.3 of this NOFO under the header “Single Audit Report” within the subsection “Additional Reporting Requirements”. 179 48 FY 2023 AFG NOFO The objectives of single audits are to: • Determine whether financial statements conform to generally accepted accounting principles (GAAP); • Determine whether the schedule of expenditures of federal awards is presented fairly; • Understand, assess and test the adequacy of internal controls for compliance with major programs; and • Determine whether the entity complied with applicable laws, regulations, and contracts or grants. For single audits, the auditee is required to prepare financial statements reflecting its financial position, a schedule of federal award expenditures, and a summary of the status of prior audit findings and questioned costs. The auditee also is required to follow up and take appropriate corrective actions on new and previously issued but not yet addressed audit findings. The auditee must prepare a corrective action plan to address the new audit findings. 2 C.F.R. §§ 200.508, 200.510, 200.511. Non-federal entities must have an audit conducted, either single or program-specific, of their financial statements and federal expenditures annually or biennially pursuant to 2 C.F.R. § 200.504. Non-federal entities must also follow the information submission requirements of 2 C.F.R. § 200.512, including submitting the audit information to the Federal Audit Clearinghouse within the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The audit information to be submitted include the data collection form described at 2 C.F.R. § 200.512(c) and Appendix X to 2 C.F.R. Part 200 as well as the reporting package described at 2 C.F.R. § 200.512(b). The non-federal entity must retain one copy of the data collection form and one copy of the reporting package for three years from the date of submission to the Federal Audit Clearinghouse. 2 C.F.R. § 200.512; see also 2 C.F.R. § 200.517 (setting requirements for retention of documents by the auditor and access to audit records in the auditor’s possession). FEMA, the DHS OIG, the GAO, and the pass-through entity (if applicable), as part of monitoring or as part of an audit, may review a non-federal entity’s compliance with the single audit requirements. In cases of continued inability or unwillingness to have an audit conducted in compliance with 2 C.F.R. Part 200, Subpart F, FEMA and the pass-through entity, if applicable, are required to take appropriate remedial action under 2 C.F.R. § 200.339 for noncompliance, pursuant to 2 C.F.R. § 200.505. 11. Payment Information FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. Payment requests are submitted through FEMA GO. 12. Whole Community Preparedness 180 49 FY 2023 AFG NOFO Preparedness is a shared responsibility that calls for the involvement of everyone—not just the government—in preparedness efforts. By working together, everyone can help keep the nation safe from harm and help keep it resilient when struck by hazards, such as natural disasters, acts of terrorism, and pandemics. Whole Community includes: • Individuals and families, including those with access and functional needs; • Businesses; • Faith-based and community organizations; • Nonprofit groups; • Schools and academia; • Media outlets; and • All levels of government, including state, local, tribal, territorial and federal partners. The phrase “Whole Community” often appears in preparedness materials, as it is one of the guiding principles. It means: 1. Involving people in the development of national preparedness documents; and 2. Ensuring their roles and responsibilities are reflected in the content of the materials. 13. Appendix A – FY 2023 AFG Program Updates Appendix A contains a brief list of changes between FY 2022 and FY 2023 to the AFG Program. The FY 2023 AFG Program funding notice contains some changes to definitions, descriptions, and priority categories. Changes include: • Under Eligible Applicants: Definition of a State Fire Training Academy was updated to include that recognition by the National Fire Training Academy is now an eligibility requirement. • Under Management and Administration (M&A) Costs: Reimbursement for fees associated with hiring grants management services is now capped at $1,500. Requests that are simple percentages of the award, without supporting justification or adequate documentation, will not be allowed or considered for an award. • Under Other Direct Costs, Allocations and Restrictions of Available Grant Funds: Micro Grants cumulative funding threshold was raised from $50,000 to $75,000. • Under Restrictions on Uses of Awarded Funds: Clarification was added that items must be requested using correct dropdown selections in the application and that bundled items must have details regarding type, cost, and quantity of all items in the bundle to be considered for funding. • Under Supporting Definitions: Definition of Authority Having Jurisdiction was updated to match NFPA 101, 2021 edition. 181 50 FY 2023 AFG NOFO • Under Training Activity: o Various NFPA standards were updated to reflect the most recent editions. • Under Equipment Activity: o Various priority changes were made to equipment for Fire Department and Regional Fire Department applicants. The following items remain as High Priority: o Appliance(s)/Nozzle(s) o Basic Hand Tools (Structural/Wildland) o Hose (Attack/Supply) o Immediately Dangerous to Life or Health (IDLH) Monitoring Equipment o IDLH Protection for Investigators (This is single-use respiratory protection) o PPE Washer/Extractor/Dryer (Turnout) o RIT Pack/Cylinder o Thermal Imaging Camera (Must be NFPA 1801 compliant) o Portable Radios (must be P-25 compliant) o Vehicle Mounted Exhaust Systems o Skid Unit o Air Compressor/Fill Station/Cascade (fixed or mobile) is High Priority for Regional Fire Department applicants and Medium Priority for Fire Department applicants. Other equipment items were moved to Medium Priority. Priority changes did not affect SFTA, and NAEMS applicants. o Phones (telephone/satellite/cell), carrier plans and vehicle mounted fans were added as ineligible items. o Clarity to reason for funding request (purpose) was added updated. NOFO and application text will be updated from ‘Obtain equipment to achieve minimum operational and deployment standards for existing missions’ to ‘Obtain equipment needed but not currently owned or replace equipment that is broken and/or damaged beyond repair to achieve minimum operational and deployment standards for existing missions’ to better define the funding priorities. o Computing devices necessary to operate the awarded equipment were added as eligible. • Under Personal Protective Equipment Activity: o Replacement of damaged/unsafe/unrepairable PPE (including SCBA) regardless of age is now allowable. o Language regarding PFAS in PPE was moved from the Application Tips section to PPE Activity section and updated to encourage award recipients to 182 51 FY 2023 AFG NOFO seek acquisition of PFAS-free gear when possible. o NFPA standard was added to the Chemical /Biological Suites under Specialized PPE. • Under Wellness and Fitness Activity: Whole-body MRI was added to ineligible activities. • Under Vehicle Acquisition Activity: NFPA standards 1901, 1906 and 1917 were replaced by the consolidated NFPA standard 1900. 14. Appendix B – Programmatic Information and Priorities Appendix B contains details on AFG Program information and priorities. Reviewing this information may help applicants make their application(s) more competitive. a. Ineligible Applications and/or Organizations FEMA considers two or more separate fire departments or nonaffiliated EMS organizations with different funding streams, personnel rosters, and EINs but sharing the same facilities as being separate organizations for the purposes of AFG Program eligibility. If two or more organizations share facilities and each submits an application in the same program area (i.e., Equipment, Modifications to Facilities, PPE, Training, or Wellness and Fitness Programs), FEMA reserves the right to review all of those program area applications for eligibility. This determination is designed to avoid the duplication of benefits. Examples of ineligible applications and/or organizations include: • Nonaffiliated EMS organization requests for any activity that is specific or unique to structural/proximity/wildlands firefighting gear. • Fire departments that are a federal government entity, or contracted by the federal government, and are solely responsible under a formally recognized agreement for suppression of fires on federal installations or land. • Fire departments or nonaffiliated EMS organizations that are not independent entities but are part of, controlled by, or under the day-to-day operational command and control of a larger department, agency or AHJ. o However, if a fire department is considered to be the same legal entity as a municipality or other governmental organization, and otherwise meets the eligibility criteria, that municipality or other governmental organization may apply on behalf of that fire department as long as the application clearly states that the fire department is considered part of the same legal entity. • Fire-based EMS organization applying as a nonaffiliated EMS organization. • Auxiliaries, hospitals, or fire service associations or interest organizations that are not the AHJ over the applicant. • Dive teams, search and rescue squads, or similar organizations that do not provide medical transport. • Fire departments, regional, or nonaffiliated EMS organizations that are for profit. • State or local agencies, or subsets of any governmental entity, or any authority that do 183 52 FY 2023 AFG NOFO not meet the requirements as defined by 15 U.S.C. §2229(a), (c). • If an applicant submits two or more applications for the same equipment or other eligible activity (for example, if an applicant submits two or more applications, one under the Regional activity, and one under the Operations and Safety activity for SCBA), both applications may be disqualified. If an applicant submits two separate applications for the same activity (i.e., two separate vehicle applications for the same vehicle) during the same application period, both applications may be disqualified. o This is different from when an entity is applying on behalf of other organizations that are agencies or instrumentalities of the applicant (e.g., multiple fire departments under the same county, city, borough, parish or other municipality). In that situation, the applicant may request similar or the same equipment as long as the application clearly states which equipment (including quantities) is for which agency/instrumentality. This is permissible even if that entity submits multiple applications across regional versus direct applications. o Eligible Fire Department and nonaffiliated EMS applicants may submit only one application for each of the following application types: Individual Operations and Safety, Individual Vehicle, Regional Operations and Safety, and Regional Vehicle. Under the Operations and Safety applications, applicants may submit for multiple activities and for multiple items within each activity. Under the Vehicle application, applicants may submit one application for a vehicle activity (or activities) for their department and one separate application for a Regional vehicle (the same vehicle(s) may not be requested for both purposes). All duplicate application submissions may be disqualified. b. Supporting Definitions for this NOFO Authority Having Jurisdiction (AHJ) is an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, and installation, or a procedure (Per NFPA 101, 2021 Edition: Life Safety Code). Automatic Aid is a plan developed between two or more fire departments for immediate joint response on first alarms (Per NFPA 1710, 2020 Edition and NFPA 1720, 2020 Edition). Career Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-paid force of firefighting personnel other than paid-on-call firefighters. Combination Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has paid firefighting personnel and volunteer firefighting personnel. FEMA considers a fire department with firefighting personnel paid a stipend, regardless of the amount, on a per event basis, or paid on-call, to be a combination fire department. This includes non-fire emergency medical service personnel of the department. Firefighting Personnel, as defined in 15 U.S.C. § 2229, means individuals, including volunteers, who are firefighters, officers of fire departments, or emergency medical service personnel of fire departments. 184 53 FY 2023 AFG NOFO Mutual Aid is a written intergovernmental agreement between agencies and/or jurisdictions stating that they will assist one another on request by furnishing personnel, equipment, and/or expertise in a specified manner (NFPA 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2016 and 2020 edition; and NFPA 1720 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments, 2020 Edition). Metro Department is a metropolitan fire department that has a minimum staffing of 350 career firefighters as defined by the International Association of Fire Chiefs (IAFC). DHS/FEMA collects information on metro departments for statistical purposes only. Status as a metro department is not a factor in scoring or funding. Primary First Due is a geographic area surrounding a fire station in which a company from that station is projected to be first to arrive on the scene of an incident. Volunteer Fire Department, as defined in 15 U.S.C. § 2229, means a fire department that has an all-volunteer force of firefighting personnel that do not receive any compensation (does not include length of service award programs). c. Community Classifications The information the applicant organization supplies in Applicant Characteristics and Community Description of the AFG Program application determines whether the jurisdiction is identified by FEMA as urban, suburban or rural. The community classification will determine the funding priority. The US Census Bureau’s urban/suburban/rural classifications are fundamentally a delineation of geographical areas. For more information, please visit the Census website at Urban and Rural. FY 2023 demographics for determining urban, suburban, or rural include: Community Urban Suburban Rural Population of primary first due response area >3,000 sq. mi. or 50,000+ population 1,000-2,999/sq. mi. or 25,000-50,000 Population 0-999/sq. mi. or <25,000 population Water Supply (percentage of primary first due response area covered by hydrant service) 75-100% hydrants (municipal water) 50-74% hydrants <50% hydrants Land Use within primary first due response area <25% for agriculture (based on zoning) >50% industrial and commercial combined 25%-49% used for agriculture (based on zoning) 25%-49% industrial and commercial combined >50% used for agriculture (based on zoning) <25% industrial and commercial combined 185 54 FY 2023 AFG NOFO Square miles within primary first due response area per station <3 sq. mi. per station 3-9 sq. mi. per station >10 sq. mi. per station d. Application Tips The following information may be useful when preparing a competitive application: • NFPA “FREE ACCESS”: As part of its commitment to enhancing public safety and supporting the emergency responder, the NFPA makes its codes and standards available online for free. Please visit NFPA’s Free Access page. • Regional applicants are only eligible to apply for Training, Equipment, PPE, and/or Wellness and Fitness within Operations and Safety, and Vehicle Acquisition. • SFTA applicants are only eligible to apply for Equipment and/or PPE within Operations and Safety, and Vehicle Acquisition. • Successful Regional applicants will be subject to the funding limitations based on the total population served by the host and participating partners. Any Regional award made will impact or be included in the host organization’s funding limitations. • Applications differ based on the applicant type. For example, the SFTA application for a vehicle will be different from the fire department application for a vehicle. Be sure to select the appropriate applicant type when applying. • Fire Departments or nonaffiliated EMS organizations that are part of a larger organization with a broader scope should apply through the larger organization to avoid limiting eligible activities. For example, a rescue squad that periodically participates in structural firefighting and that belongs to a county fire and rescue agency should apply through the county for structural PPE. In other words, the county should apply on behalf of the rescue squad. • FEMA recognizes the number of seated riding positions in front line apparatus as a reasonable measurement of the quantity of PPE or relevant equipment (radios, etc.) to be funded. Exceptions to the front-line seated riding position count may be considered by FEMA if compelling need to include seated riding positions in reserve apparatus can be demonstrated and justified. Applicants that seek to include reserve apparatus seated riding positions in the total seated riding position count must submit a justification narrative. • Applicants are encouraged to review the funding priorities listed under each activity in Section F of this NOFO. These priorities are marked as “high,” “medium,” or “low” and should be considered when applying for a grant. FEMA will fund items and activities with the highest priority first. e. Restrictions on Uses of Award Funds • No AFG Program funds may be used to support hiring (part-time or full-time), salaries, benefits, or fringe benefits (including but not limited to contributions for social security, insurance, workers’ compensation, pension or retirement plans) for any personnel. • Documented back fill and/or overtime/lost wages costs to support awarded training activities are allowable personnel expenses. • Instructor’s rates/base rates should be provided as part of the application narrative, as 186 55 FY 2023 AFG NOFO well as the market-researched competitive rate for delivering the requested training. • If the instruction provided for an awarded training activity is delivered by an existing member(s) of the recipient organization, only the established base rate of compensation, without benefits or overtime, may be eligible for reimbursement. • Recipients are encouraged to allow other organizations to benefit from an awarded activity; e.g., filling another organization’s SCBA cylinders using a grant funded compressor, cleaning another organization’s turnout gear, or offering excess capacity training opportunities. If recipients choose to include costs associated with shared benefit (e.g., backfill, overtime, tuition) for members outside of their department, they must apply as a Regional applicant. • Items requested under Additional Funding may only be from that same Activity area. Furthermore, improper Additional Funding requests may be disqualified, if there is misalignment between the item requested and the Activity area. However, the following requests are allowable: o Rapid Intervention Team (RIT) packs supporting a SCBA request under the PPE activity. RIT packs must be requested under the Equipment activity if not supporting an SCBA request. o PPE gear bags under the PPE activity (gear bags are only eligible as additional funds in association with a PPE gear request). o Air Compressor/Fill Station/Cascade Systems (Fixed or Mobile) in support of a Regional SCBA request under the PPE activity. Regional requests for Air Compressor/Fill Station/Cascade Systems (Fixed or Mobile) must be requested under the Equipment activity if not supporting a SCBA request. o PPE gear washer/extractor/dryer in support of a PPE gear request under the PPE activity. Washer/extractor/dryer must be requested under the Equipment activity if not supporting a PPE gear request. • Items must be requested using individual item dropdowns in the application (e.g. nozzles and appliances should not be requested under ‘Hose (Attack/Supply)’ dropdown, but under ‘Appliance(s)/Nozzle(s)’ option). In addition, items requested as a bundle without details on the number of units and cost per individual component will not be considered for funding. f. Funding Priorities i. OPERATIONS AND SAFETY – TRAINING OVERVIEW FEMA has determined that hands-on, instructor-led training that meets a national, state, or DHS adopted standard and results in a national or state certification provides the greatest training benefit. All of the following are considerations in pre-scoring and peer review determinations: High ( ), Medium (), Low ( ) Fire Department, Regional, and SFTA Training Priorities by Purpose • Training evaluated using national or state standards • Training that brings a department into compliance with recommended NFPA or other national standards 187 56 FY 2023 AFG NOFO • Instructor-led training that requires student testing to demonstrate academic competence or practical proficiency • Training that benefits the highest percentage of applicable personnel, such as the hazardous materials training within a fire department or training that will be open to other eligible organizations • Training that does not result in certification • Training that is self-directed/validated • Training that will address an identified risk but not associated with compliance to any standards Fire Department and Regional Training Priorities by Course Type Training NFPA # Urban Suburban Rural Firefighter I, II 1001 Fire/Emergency Services Instructor 1041 Hazardous Materials Response- Awareness, Operations, Technician 470 Infection Control 1581 Confined Space Response- Awareness, Operations, Technician 2500 Wildland firefighting (basic) 1140 Wildland firefighting certification (red card) 1140 Wildland Fire Officer 1051 Rapid Intervention Training 1407 Fire Officer 1021 Emergency Medical Responder 1001 Emergency Medical Technician 1001 Advanced Emergency Medical Technician to Paramedic 1001 Paramedic 1001 Paramedic to Community Paramedic 1001 Firefighter Safety and Survival 1407 Safety Officer 1026,1521 Fire Apparatus Driver/Operator 1002 Fire Prevention 1037,1730 Fire Inspector 1031 Fire Investigator 921,1033 Fire Educator 1035 NIMS/Incident Management System (IMS) 1026,1561 Emergency Scene Rehab 1584 Critical Incident Debriefing/Crisis Intervention 1500 Any training to a National/State or 188 57 FY 2023 AFG NOFO NFPA standards Compliance with federal/state- mandated program Technical Rescue- Operations, Technician 1006, 2500 Vehicle Rescue 2500 Another officer 1021 Aircraft Rescue Firefighting (ARFF) 440, 460, 1003 Weapons of Mass Destruction (WMD) 470 Mass Casualty Fire Department and Regional Training Priorities by Course Type Training NFPA # Urban Suburban Rural Training to address a local risk not elevated to a national or state Specialized Training Maritime Firefighting 1005, 1405, 1910 Instructor-led training that does not lead to certification Self-taught courses Training not elevated to a national or state standard Funding Priorities for Fire Departments and Nonaffiliated EMS Organizations Training The AFG Program provides training grants to meet the educational and performance requirements of fire departments and nonaffiliated EMS personnel. Training should align with the U.S. National Highway Traffic Safety Administration, which designs and specifies a National Standard Curriculum for Emergency Medical Technician (EMT) training and the National Registry of Emergency Medical Technicians (NREMT), a private, central certifying entity whose primary purpose is to maintain a national standard (NREMT also provides certification information for paramedics who relocate to another state). A higher priority is assigned to the following due to the time and cost of upgrading an organization’s response level: • Organizations seeking to elevate the response level from Emergency Medical Responder (EMR) to EMT. • Organizations seeking to elevate the response level from Advanced EMT (AEMT) to Paramedic. • Organizations seeking to train Community Paramedics: Organizations seeking to train a high percentage of the active EMRs will receive additional consideration when applying under the Training activity. 189 58 FY 2023 AFG NOFO Eligible Training Activities for Fire Departments and Regional Applications include but are not limited to: • Train-the-trainer courses • Alternative fuel firefighting • Response to natural disasters • Minor interior alterations, requested under Additional Funding and limited to $10,000 total expenditure to support the awarded Training activities (e.g., removal/construction of a non-weight bearing wall) • Overtime expenses paid to career firefighters to attend training or to backfill positions for colleagues who are in training • Rental of facilities to conduct training • Rental of Audio/Visual equipment • Travel expenses associated with attendance at a formal training course or conference (mileage, hotel, and lodging expenses) • Compensation to volunteers (Fire and nonaffiliated EMS) for wages lost to attend training; there is no overtime or backfill for volunteers • Tuition, exam/course fees, and certifications/certification expenses • Purchase of training curricula and training services (instructors) • Chemical Biological Radiological Nuclear and Explosive (CBRNE) awareness, performance, planning, and management. • Travel expenses associated with Type 3 Incident Management Teams (IMT) attending position development/mentoring assignment with national Type 2 or Type 1 IMTs • Supplies or expendables or one-time use items essential for an award’s scope of work, such as foam, breaching materials (e.g., wood or sheetrock) for ventilation or rescue props, or the amount of fuel required to sustain an awarded live fire training activity, or per NFPA 1403 Standard on Live Fire Training Evolutions, reasonable safety mitigations to a structure acquired for training • Props (single-use or permanent) essential for training programs requested in the application cannot exceed $50,000 for Operation and Safety requests; this does not apply to SFTA requests 190 59 FY 2023 AFG NOFO Eligible Training Activities for Nonaffiliated EMS include but are not limited to: • EMR • EMT • AEMT • AEMT to Paramedic • Paramedic (applicant must clearly demonstrate plan to accomplish paramedic training within the period of performance) • Community Paramedics (paramedics with Primary Care certification) • Travel expenses associated with attendance at a formal training course or conference: air/rail transportation, mileage, hotel/lodging expenses, etc. (Note: Food and beverages are ineligible travel expenses) • Attendance at formal training forums or conferences providing continuing education credits • Overtime expenses paid to career nonaffiliated EMS responders to attend training or to backfill positions for colleagues who are in training • Compensation to volunteers for wages lost to attend training (there is no overtime or backfill for volunteers) • Supplies or expendables or one-time use items essential to complete the training activity of a nonaffiliated EMS award’s scope of work; examples include bandages, splints, expendable respiratory supplies, etc. ii. OPERATIONS AND SAFETY – EQUIPMENT OVERVIEW AFG grants fund equipment for effective response, firefighting, rescue and emergency medical operations to enhance the public safety. Reminder: When requesting training for any items in this section, enter the request under “Additional Funding” in the “Request Details” section of the application. Make sure to identify the type and scope of training, timeframe, etc. in the item description section. Ineligible Training Activities for Fire Departments and Regional Applications include but are not limited to: • Construction of facilities (buildings, towers, sheds, etc.) • Firefighting equipment or PPE, such as SCBA, used exclusively for training • Remodeling not directly related to grant activities • Any costs associated with planning and/or participating in formal or planned special event exercises to identify user needs, evaluate an organization’s performance capabilities, validate existing capabilities, or to facilitate coordination and asset sharing • Firefighting equipment and PPE rental, as well as training facility personnel costs (such as facility maintenance, cleaning, safety officer services, etc.) • Site preparation to accommodate or modify any training activity, facility, or prop that is a permanent or semi-permanent improvement, including but not limited to: landscaping, cutting or grading an access road, trenching, paving a training area, exterior stairs or sidewalks, or the installation of utilities • Purchase or lease of real estate (this does not preclude departments from securing necessary training facilities such as classrooms, use of towers, training props, etc.) • Purchase of Unmanned Aerial Vehicles (UAVs) and Drones • Food and beverages 191 60 FY 2023 AFG NOFO Training must be specific to the use of the equipment (i.e., vendor training) and not duplicative of courses listed under the Training activity. Also note: • Accountability systems are located under the Equipment activity. • All simulators, tow vehicles, and all mobile or fixed fire/evolution props (e.g., burn trailers, forcible entry, or rescue/smoke mazes) are located under the Equipment activity. • Request for monitors/defibrillators should be based on the number of transport and non-transport ALS response vehicles in the fleet (medic engine, medic chase vehicle, ALS ambulance, etc.). • P-25 compliant Portable Radios should be requested based on the number of seated riding positions or active members of the department and supported in the request narratives. • Requests for P-25 mobile radios should be based on the number of vehicles in the fleet. • Requests to replace obsolete or damaged equipment should enable the applicant to meet applicable industry, local, state, and national standards. • Equipment product lifecycles are assigned an age category of Short (5-7 years), Intermediate (8-14 years), or Long (15-20 years). These age categories are used to compare like types of equipment of a similar age category. Under this system, an item that should have a useful life of 10 years is only compared to other items that have a similar useful lifespan. An application does not score higher or lower based on the product lifespan of an item. It only serves to ensure a more even scoring of equipment based on type. All of the following are considerations in pre-scoring and peer review determinations: Priority Age Category Fire and Fire Regional SFTA BASIC EQUIPMENT Intermediate Air Compressor/Fill Station/Cascade System (Fixed or Mobile) for filling SCBA. Fire Department applicants: Regional Applicants: Air Compressor/Fill Station/Cascade System (Fixed or Mobile) for filling SCBA - Long Appliance(s)/Nozzle(s) Appliance(s)/Nozzle(s) Long Basic Hand Tools (Structural/Wildland) Basic Hand Tools (Structural/Wildland) Intermediate Electric/Gas Powered Saws/Tools Electric/Gas Powered Saws/Tools - Short Fit Tester Fit Tester - Long Foam Eductors - for Fire Department and Regional Applicants Foam Eductors - Intermediate Hose (Attack/Supply) Hose (Attack/Supply) Short Immediately Dangerous to Life or Health (IDLH) Monitoring Equipment IDLH Monitoring Equipment 192 61 FY 2023 AFG NOFO Priority Age Category Fire and Fire Regional SFTA Immediate IDLH Protection for Investigators (this is single-use respiratory protection) Long Ladders - Ladders - Short Personal Accountability Systems - Personal Accountability Systems - Intermediate PPE Washer/Extractor/Dryer (Turnout) PPE Washer/Extractor/Dryer (Turnout) Intermediate Respirator Decontamination System (SCBA) Respirator Decontamination System (SCBA) Intermediate Props for Fire Department applicants and Regional Applicants: Props - Intermediate RIT Pack/Cylinder RIT Pack/Cylinder Intermediate Generator – Portable Generator – Portable Intermediate Tech Rescue (Ropes, Harnesses, Carabiners, Pulleys, etc.) for Fire Departments and Regional applicants: Tech Rescue (Ropes, Harnesses, Carabiners, Pulleys, etc.) - Short Simulators for Fire Departments - Simulators for Regional (including virtual) - Simulators (including virtual) - Repairs and upgrades (non-construction) to existing Simulators - Short Thermal Imaging Camera (Must be NFPA 1801 compliant) Thermal Imaging Camera (Must be NFPA 1801 compliant) Short Software and Learning Management System (LMS) to support training for Fire Departments - Software and LMS to support training for Regional - Software and LMS to support training - Short Computers used in support of training Computers used in support of training Short Vehicle Mounted Exhaust Systems Vehicle Mounted Exhaust Systems Short Mobile computing devices intended to be used on scene (Tablets) Mobile computing devices intended to be used on scene (Tablets) COMMUNICATIONS Intermediate Base Station (must be P-25 Compliant) for Fire Departments and Regional applicants: Base Station (must be P-25 Compliant) - Intermediate Headsets for Fire Departments and Regional applicants: Headsets - Intermediate Mobile Radios (must be P-25 Compliant) for Fire Departments and Regional applicants: Mobile Radios (must be P-25 Compliant) - Intermediate Mobile Repeaters (must be P- 25 Compliant) for Fire Departments and Regional applicants: Mobile Repeaters (must be P-25 Compliant) - Intermediate Pagers (limited to number of active members) for Fire Departments and Regional applicants: Pagers (limited to number of active members) - 193 62 FY 2023 AFG NOFO Priority Age Category Fire and Fire Regional SFTA Intermediate Portable Radios (must be P-25 compliant) Portable Radios (must be P-25 compliant) Intermediate Mobile Data Terminal (MDT) MDT Short Software specifically to enable Radio over IP (RoIP) Software specifically to enable RoIP EMS EQUIPMENT Short Airway Equipment (Non-Disposable) Airway Equipment (Non-Disposable) Short Automated External Defibrillators (AEDs) BLS Level AEDs BLS Level Short Automatic Chest Compression Device (CPR) Automatic CPR Short EMS Training Aids EMS Training Aids Short Monitor/Defibrillator Monitor/Defibrillator Intermediate Power Lift Cot Power Lift Cot Intermediate Power Lift System Power Lift System Short Pulse Oximeters Pulse Oximeters Short Responder Rehab Equipment Responder Rehab Equipment Short Portable Lift System (i.e., devices, hydraulic or electrical, used to assist with the lifting of patients that are not associated with cots) Portable Lift System (i.e., devices, hydraulic or electrical, used to assist with the lifting of patients that are not associated with cots) EXTRICATION Intermediate Cutter/Spreader for Fire Departments and Regional applicants: Cutter/Spreader: Intermediate Vehicle Extrication Equipment for Fire Departments and Regional applicants: Vehicle Extrication Equipment: HAZARDOUS MATERIALS Intermediate Basic HazMat Response Equipment Basic HazMat Response Equipment Intermediate Decon, Clean-Up, Containment and Packaging Equipment Decon, Clean-Up, Containment and Packaging Equipment Short Sampling Devices (HazMat) Sampling Devices (HazMat) SPECIALIZED Intermediate Skid Unit Skid Unit Intermediate Air Quality Device Air Quality Device Intermediate Boats Boats Short Marine equipment (NFPA 1910: Standard on Marine Fire-Fighting Vessels) Marine equipment (NFPA 1910: Standard on Marine Fire-Fighting Vessels) Intermediate Mobile Generator Mobile Generator Intermediate Portable Pump Portable Pump Short Specialized Equipment (Other) Specialized Equipment (Other) 194 63 FY 2023 AFG NOFO Priority Age Category Tow Vehicles Applicant Type Note: Tow vehicles may be applied for under different application types with differing priority levels. Please reference the chart below when applying for tow vehicles. Long Tow Vehicle SFTA Long Tow Vehicle Regional Long Tow Vehicle Fire Department Priority Age Category Fire and Fire Regional SFTA Chemical Biological Radiological Nuclear Equipment (CBRNE) Short CBRNE-related Equipment CBRNE-related Equipment Short Non-Disposable Biological Detection Non-Disposable Biological Detection Priority Age Category Nonaffiliated EMS Nonaffiliated EMS Regional COMMUNICATIONS Intermediate Base Station (must be P-25 Compliant) Base Station (must be P-25 Compliant) Intermediate Mobile Radios (must be P-25 Compliant) Mobile Radios (must be P-25 Compliant) Intermediate Mobile Repeaters (must be P-25 Compliant) Mobile Repeaters (must be P-25 Compliant) Intermediate Pagers (limited to number of active members) Pagers (limited to number of active members) Intermediate Portable Radios (must be P-25 Compliant, limited to number of AFG Program-approved seated positions) Portable Radios (must be P-25 Compliant, limited to number of AFG Program-approved seated positions) Intermediate Mobile Data Terminal Mobile Data Terminal Intermediate Headsets Headsets Short Software specifically to enable RoIP Software specifically to enable RoIP 195 64 FY 2023 AFG NOFO Fire Department, Nonaffiliated EMS, Regional, and SFTA Equipment Priorities Priority Purpose of Request Definition Obtain equipment needed but not currently owned or replace equipment that is broken and/or damaged beyond repair to achieve minimum operational and deployment standards for existing missions Applies to requests for equipment needed, and not currently owned, to achieve minimum operational and deployment standards for a department’s existing mission requirements. This includes equipment that is no longer usable because it is broken and/or damaged beyond repair. Replace noncompliant equipment to current standard Applies to equipment that is deemed obsolete and/or is out of compliance with current standards for that type of equipment. Equipment requested under this reason for purchase has not been deemed inoperable, and while it may not be compliant with current standards it is not broken, damaged, or otherwise unusable. Priority Age Category Nonaffiliated EMS Nonaffiliated EMS Regional EMS EQUIPMENT Short ALS/BLS Equipment ALS/BLS Equipment Short Airway Equipment (Non- Disposable) Airway Equipment (Non- Disposable) Short AEDs BLS Level AEDs BLS Level Short Automatic CPR Automatic CPR Short EMS Training Aids EMS Training Aids Short Monitor/Defibrillator - 15 leads Monitor/Defibrillator - 15 leads Intermediate Power Lift Cot Power Lift Cot Intermediate Power Lift System Power Lift System Short Responder Rehab Equipment Responder Rehab Equipment Short Suction unit Suction unit Short Computers used in support of training Computers used in support of training Short Mobile computing devices intended to be used on scene (tablets) Mobile computing devices intended to be used on scene (tablets) Short Vehicle Mounted Exhaust Systems Vehicle Mounted Exhaust Systems Short Portable Lift System (i.e., devices, hydraulic or electrical, used to assist with the lifting of patients that are not associated with cots) Portable Lift System (i.e., devices, hydraulic or electrical, used to assist with the lifting of patients that are not associated with cots) HazMat Intermediate Basic HazMat Response Equipment Basic HazMat Response Equipment Intermediate Decon, Clean-Up, Containment and Packaging Equipment Decon, Clean-Up, Containment and Packaging Equipment Short Sampling Devices (HazMat) Sampling Devices (HazMat) 196 65 FY 2023 AFG NOFO Obtain equipment for new mission Applies to requests for equipment, supplies, or inventories that are intended to fulfill minimum service requirements associated with new missions that a department is taking on and building the capability for but has not been previously fulfilled. For example, this may include, but is not limited to, establishing a new HazMat capability or Swift Water Rescue capability. Upgrade technology to current standard Applies to requests for equipment that may or may not be owned, but newer technology is available. Eligible Equipment Activities for Fire Department, Nonaffiliated EMS, Regional, and SFTA include but are not limited to: • Shipping, taxes, assembly, and installation of the requested equipment • Extended warranties and service agreements if acquired concurrent with initial acquisition • Minor interior alterations (requested under Additional Funding and limited to $10,000 total expenditure) to support the awarded Equipment activities (e.g., removal/ construction of a non-weight bearing wall) • Equipment for response to incidents involving CBRNE/WMD • Training specific to the requested equipment • Requested support activities for equipment requiring supplies or expendables or “onetime” use items essential for an award’s scope of work, such as foam, breaching materials (e.g., wood or sheetrock) for ventilation or rescue props, or the amount of fuel required to sustain an awarded live fire training activity, or per NFPA 1403 Standard on Live Fire Training Evolutions, reasonable safety mitigations to a structure acquired for training • Subscriptions necessary for the operation of the awarded equipment and purchased concurrently within the POP • Computing device may be considered for reimbursement if essential to the operation of the funded equipment. 197 66 FY 2023 AFG NOFO Ineligible Equipment Activities Fire Department, Nonaffiliated EMS, Regional, and SFTA include but are not limited to: • Construction of facilities, such as buildings, towers, or sheds to house communications • All fixed non-mobile repeaters or fixed site amplifiers • Sirens or other outdoor warning devices • Signage of any kind • Phones (telephone/satellite/cell) and carrier plans • Investments in emergency communications systems and equipment must meet applicable SAFECOM Guidance • Personal Safety/Rescue Bailout System (PPE) • Computer assisted dispatch (CAD) systems and software, geographic information systems (GIS), dispatch consoles, workstations and office furniture • Nonaffiliated EMS expendable supplies (including but not limited to medications) • Vehicle mounted fans • Utility Vehicles and All-Terrain Vehicles (UTV/ATV) • UAVs and Drones • Bomb disposal equipment and robots • Mobile radios for personally owned vehicles (except Chief Fire Officer’s personal vehicle if justified) • Supplies or expendables or common one-time use items such as foam, soaps, disinfectant wipes, medical gowns/gloves, bandages, any drug, intravenous bags/fluids, defibrillator pads/electrodes, syringes, cervical collars, batteries, exhaust system filters and splints • Flashover or other simulators/props that do not meet NFPA 1402 or 1403 standard (homemade or aftermarket simulators) • Subscriptions, memberships, equipment rental or lease to purchase • Refurbished equipment Additional Considerations for Fire Department, Nonaffiliated EMS, Regional, and SFTA Equipment Priorities • Equipment that has a direct effect on firefighters’ health and safety • Age of equipment considered for replacement • Equipment that operationally benefits other jurisdictions • Equipment that brings the department into compliance with a national recommended standard, (e.g., NFPA or statutory compliance like OSHA) IMPORTANT: The only eligible AFG Program activity for interoperable communications equipment is the acquisition of P-25 compliant equipment. • P-25 compliant interoperable communications equipment has a digital platform that is programmable, scalable, and can communicate in analog mode with legacy radios, and in both analog and digital mode with other P-25 equipment. P-25 compliance enhances interoperability, allowing first responders to communicate with each other to coordinate their response to and mitigate all hazards. • The procurement of interoperable communications equipment that does not meet P-25 compliance is unallowable; there are no waivers for P-25 compliance. • All recipients awarded activities with emergency communication equipment and related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Technical specifications are located at: FY 2023 SAFECOM Guidance on Emergency Communications Grants. • It is the recipient’s responsibility to obtain documented evidence that the equipment 198 67 FY 2023 AFG NOFO to be acquired has been tested and has passed all the applicable P-25 compliance requirements and the recipient shall be able to produce such documentation to FEMA upon request. • AFG Program applicants are not required to identify a specific P-25-compliant product in their application narrative, but they must affirm that the interoperable communications equipment requested or acquired will be P-25 compliant. Note: Recipients using FY 2023 AFG Program funds to support emergency communications activities should review and comply with SAFECOM requirements, including provisions on technical standards that ensure and enhance interoperable communications. Communication equipment (e.g., portable radios) would be included in this standard. Recipients investing in emergency communications must ensure their projects support the Statewide Communications Interoperability Plan (SCIP) for their state. iii. OPERATIONS AND SAFETY – PPE OVERVIEW AFG Program funds used to acquire PPE may only be used to acquire compliant PPE for firefighting and nonaffiliated EMS personnel. Only the acquisition of PPE compliant with the most current edition of NFPA 1971, 1977, 1981 and/or 1999 are eligible activities. The acquisition of used, refurbished, or updated PPE are ineligible for reimbursement. PPE requested should have the goal of increasing firefighter safety. When requesting to replace or purchase new PPE (e.g., Turnout Gear and/or SCBA) applicants will be asked to provide the age of the items being replaced. All PPE items in the current inventory must be accurately described and accounted for in the application narrative. Exposure to Per-and polyfluoroalkyl substances (PFAS chemicals) has been linked to cancer and other health effects. Recipients of PPE awards are strongly encouraged to ask potential vendors about their current level of compliance with using PFAS-free materials and to purchase PFAS-free gloves, hoods, boots, etc. as these items have matured in development to include readily available PFAS-free items. Based in part on NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, in order for PPE (to include SCBA) to be considered noncompliant, the items must be a minimum of 2 NFPA cycles and 10 years of age or older from the date they were manufactured. PPE gear (to include SCBA) that is less than 10 years old and 2 NFPA cycles behind that was deemed damaged/unsafe/unrepairable is eligible for replacement if sufficient justification is provided in the application. • Acquiring or replacing an individual SCBA face piece for each operational member of an organization is High Priority. To the extent a request for additional face pieces exceeds any face pieces requested as part of an SCBA unit, that request should be entered as a separate request line item and will not be considered a request “to increase supplies” (e.g., if the applicant has the need for 35 Face Pieces, and requests 25 SCBA Units, the applicant should also separately request 10 additional Face Pieces). • FEMA considers a complete set of Structural/Proximity PPE Turnout Gear to be comprised of these NFPA 1971 compliant components: one pair of pants, one coat, 199 68 FY 2023 AFG NOFO one helmet, two hoods, one pair of boots, two pairs of gloves, one pair of suspenders, and one pair of goggles. In the AHJ where additional PPE such as a Personal Safety/Rescue Bailout System is statutorily required, FEMA will consider all statutorily required items to be part of a complete PPE set. • FEMA considers a complete set of EMS PPE Turnout Gear to be comprised of these NFPA 1999 compliant components: one pair of pants, one coat, one helmet, one pair of boots, one pair of gloves, one pair of suspenders, and one pair of goggles. • FEMA considers a complete set of Wildland PPE Turnout Gear to be comprised of these NFPA 1977 compliant components: one pair of pants, one coat, one jumpsuit, one helmet, one pair of boots, one pair of gloves, one pair of suspenders, one pair of goggles, one fire shelter, web gear, backpack, and canteen/hydration system. • FEMA considers PPE gear bags and RIT packs as eligible items that can be requested under Additional Funding and available as part of excess fund for the PPE activity in support of requests for PPE or SCBA items. • FEMA considers a complete SCBA unit to be comprised of a harness/backpack, one face piece, and two cylinders. • Recipients should consider the importance of proper fitting gear when making purchasing decisions. This includes the nuances with proper fitting for female firefighters. Training for requested PPE: • Applicants must certify that all grant-funded PPE will only be used by sufficiently trained personnel (failure to meet this requirement will result in the request for funding deemed ineligible). • If applicants are requesting training to support a PPE activity, it must be entered in the “Additional Funding” section within the “Request Details” section of the application. The following are considerations in pre-scoring and peer review determinations: Fire Department, Nonaffiliated EMS, Joint/Regional, and SFTA PPE Priorities Priority Purpose of Request Definitions Increase supply for new hires and/or existing firefighters that do not have one set of turnout gear (PPE) or allocated seated positions (SCBA). This includes replacing out of service PPE-Turnout Gear and SCBA. Applies to PPE-Turnout Gear for new firefighters (i.e., new hires or volunteer recruits) and/or existing firefighters that do not currently have one set of PPE-Turnout Gear, and to add SCBA to fill seated riding positions that do not currently have SCBA. Replace in-service or in-use damaged/ unsafe/unrepairable PPE/SCBA to meet current standard Applies to PPE-Turnout Gear and SCBA that is deemed damaged unsafe and unrepairable yet still in use at the time of application. 200 69 FY 2023 AFG NOFO Replace in-service/in-use/expired/ noncompliant PPE/SCBA to current standard Applies to PPE-Turnout Gear or SCBA that is deemed obsolete and/or is out of compliance with current standards. PPE-Turnout Gear or SCBA to be replaced is not compliant with current standards; it is not broken, damaged or otherwise unusable. Replace PPE/SCBA to upgrade technology to current standard Applies to PPE-Turnout Gear or SCBA that is less than 10 years old for PPE-Turnout Gear or compliant within two NFPA cycles for SCBA. Additional Considerations for Fire Department, Nonaffiliated EMS, Joint/Regional, and SFTA for PPE or SCBA Priorities • Higher priority is given to the age of requested PPE, reason for purchase/replacement, priority. Applicant’s call volume is a lesser factor. Applicants will be required to provide the age of the PPE being replaced. • Applicants with the oldest PPE and/or trying to bring the department into 100% NFPA compliance or the number of active members who will have compliant gear. PPE List Structural/Proximity • American National Standards Institute (ANSI) Traffic Vests • Boots • Coats • Complete Set of Turnout Gear • Gloves • Goggles • Helmets • Hoods • Pants • Pass Devices • Personal Safety/Rescue Bailout System • Suspenders Respiratory • Air-Line Unit • Face Pieces • Respirators • SCBA Spare Cylinders • SCBA (SCBA Unit includes: Harness/ Backpack, Face Piece, and two cylinders) Wildland • Jumpsuits/Coveralls • Boots • Coats • Pants • Suspenders • Goggles • Shelters • Web Gear/Backpacks • Canteens/Hydration Systems • Helmets Specialized PPE 201 70 FY 2023 AFG NOFO • Ballistic Protective Equipment (BPE), which includes one vest, one helmet, one triage bag, one pair of goggles • Chemical/Biological Suites (must conform to NFPA 1990 2022 edition) • Extrication Clothing/Rescue Clothing • Proximity Suits • Splash Suits • Wet and Dry Suits • Encapsulated Suits Eligible PPE Activities for Fire Department, Nonaffiliated EMS, Joint/Regional and SFTA include but are not limited to: • ANSI approved retroreflective highway apparel • Training for requested PPE • Turnout gear bags • Customized helmet shields • Level C suits • Personal Safety/Rescue Bailout System • Face Pieces Regulators Ineligible PPE Activities for Fire Department, Nonaffiliated EMS, Joint/Regional and SFTA include but are not limited to: • Three-quarter length rubber boots • Uniforms (formal/parade or station/duty) and uniform items (hats, badges, etc.) • PPE gear bags (ineligible unless requested as additional funds in association with a PPE request) • RIT packs (ineligible unless requested as additional funds in association with SCBA request) • Air Compressor/Fill Station/Cascade Systems (ineligible unless requested as additional funds in association with a Regional SCBA request) • PPE gear washer/extractor/dryer (ineligible unless requested additional funds in association with PPE gear request). • Personal Safety/Rescue Bailout System for nonaffiliated EMS organizations • Food and beverages • Integrated thermal imaging cameras (TIC) with heads-up display • Bomb disposal suits • Any communications equipment (e.g., radios and pagers) in the PPE section • Structural, proximity, wildland firefighting gear, or rescue and extrication gear for nonaffiliated EMS organizations • Any decals, embroidery, engraving, flags, graphics, logos, vehicles, and PPE Turnout lettering that customizes awarded items beyond the normal expectation (except customized helmet shields) • Funding is limited to one set of PPE- Turnout Gear per person • Equipment rental or lease to purchase • Note: Where bailout system is statutorily required, FEMA will consider all statutorily required items to be part of a complete PPE set 202 71 FY 2023 AFG NOFO iv. OPERATIONS AND SAFETY – WELLNESS AND FITNESS OVERVIEW Wellness and Fitness activities are intended to strengthen emergency responders so that their mental, physical and emotional capabilities are resilient enough to withstand the demands of all hazardous operations. In order to be eligible for funding, applicants must offer, or plan to offer, all five of the following Priority 1 activities as discussed in the table below. Fire Department and Nonaffiliated EMS Wellness and Fitness Priorities Priority 1 - Below are the five activities required for a complete Wellness and Fitness program: • Initial medical exams; • Job-related immunization; • Annual medical and fitness evaluation; • Behavioral health; and • Cancer Screening Program to meet NFPA 1582. Priority 2 - Applicants may only apply for Priority 2 Items (listed below) if the applicant offers or is requesting a combination of the five activities required under Priority 1 (listed above): • Candidate physical ability evaluation; • Injury/illness rehab; • Formal fitness, injury prevention; or • International Association of Fire Fighters (IAFF) or IAFC peer fitness trainer program, including transportation, travel, overtime/backfill, and reasonable expenses associated with member participation in Train-the-Trainer for IAFF/IAFC and implementation of a peer fitness trainer programs. Core components included in a firefighter fitness assessment include: o Aerobic Capacity, o Body Composition, o Muscular Strength, o Muscular Endurance and o Flexibility. NOTE: Applicants are encouraged to review NFPA 1583 for guidance on the minimum requirements for the development, implementation, and management of a health-related fitness program. Departments that have some of the Priority 1 programs in place must apply for funds to implement the missing Priority 1 programs before applying for funds for any additional program or equipment within Priority 2. In addition, all grant-funded physicals (except those for explorers) must meet NFPA 1582 standards (Chapter 6, Medical Evaluations of Candidates 6.1; and Chapter 9, Essential Job Tasks — Specific Evaluation of Medical Conditions in Members). The cost of physicals should be based on local physician or health center prices. Detailed information on implementing NFPA 1582 physicals can be found at https://www.fstaresearch.org. NOTE: Simultaneous requests for Priority 1 and Priority 2 activities will receive a lower funding consideration than requests that complete the bundle of the five Priority 1 activities. Applicants should review Health Related Fitness Programs as outlined in NFPA 1583, which is summarized below. 203 72 FY 2023 AFG NOFO Fire Department and Nonaffiliated EMS Wellness and Fitness Priorities NFPA 1583 Standards on Health-Related Fitness Programs for Fire Department Members Scope This standard establishes the minimum requirements for the development, implementation, and management of a health-related fitness program for members of the fire department involved in emergency operations. Purpose The purpose of this standard is to provide the minimum requirements for a health-related fitness program for fire department members that enhances the members’ ability to perform occupational activities efficiently and safely and reduces the risk of injury, disease, and premature death. This document is intended to help fire departments develop a health-related fitness program for fire department members that requires mandatory participation but is not punitive. This document is not intended to establish physical performance criteria. Eligible Wellness and Fitness Activities for Fire Department and Nonaffiliated EMS include but are not limited to: • The five Priority 1 items: initial medical exams, job-related immunization, annual medical and fitness evaluation, behavioral health, and cancer screening • Behavioral health programs to include, but not limited to: Critical Incident Stress Management Programs, Employee Assistance Programs • Transportation expenses related to a member’s participation in offered Wellness and Fitness activities • Contractual costs (non-hiring) for personnel (such as nutritional counseling), physical fitness equipment (including shipping charges and sales tax, as applicable), and supplies directly related to physical fitness activities • Minor interior alterations (requested under Additional Funding and limited to $10,000 total expenditure) to support the awarded Wellness and Fitness activities (e.g., removal/ construction of a non-weight bearing wall); note that these will require EHP review Ineligible Wellness and Fitness Activities for Fire Department and Nonaffiliated EMS include but are not limited to: • Fitness club memberships for participants or their families • Non-cash incentives (e.g., t-shirts or hats of nominal value, vouchers to local businesses, or time-off) • Purchase of real estate • Cash incentives • Food and beverages • Subscriptions and memberships • Purchase of medical equipment that is not used as part of the Wellness and Fitness program • Whole-body MRI scans • Contractual services with anyone other than medical professionals (e.g., health care consultants, trainers, and nutritionists) for programs such as smoking cessation • Purchase of equipment or personal protective equipment that is otherwise eligible under the Equipment activity or the PPE activity 204 73 FY 2023 AFG NOFO v. OPERATIONS AND SAFETY – MODIFICATIONS TO FACILITIES OVERVIEW AFG Program funds may be used to modify fire stations and other facilities. New fire station construction is not eligible. Eligible activities include source capturing exhaust, sprinkler, carbon monoxide alarms or smoke/fire detection systems, only for these types of systems and not multi-purpose systems that encompass ineligible features as described below. All changes to facilities including major or minor modifications and equipment installations require EHP review. The benchmark for eligibility does not apply to minor interior alterations (requested under Additional Funding and limited to $10,000 total expenditure) to support Training, or Wellness and Fitness activities (e.g., removal/construction of a non-weight bearing wall). In recognition of the risks posed by exposure to diesel fumes, Source Capture Exhaust Extraction Systems (SCES) are a High Priority item for vehicle exhaust mitigation under Modifications to Facilities. An SCES is a system where exhaust gases from a vehicle are captured directly via a conduit that attaches to/over the end of the vehicle’s exhaust system at the tailpipe. The captured exhaust gases are expelled through the attached conduit via mechanical/pneumatic means to the exterior of the building. No modification may change the structure’s footprint or profile. If requesting multiple items, such as a sprinkler system and exhaust system, the funding for any projects or activities cannot cumulatively exceed $100,000 (total project cost[s]) for any individual station. Eligible projects under this activity must have a direct effect on the health and safety of firefighters. Note: Vehicle Mounted Exhaust Systems are now listed as a “High” priority in the equipment activity. Facility Considerations: Priority is given to facilities staffed full-time and facilities with sleeping quarters. Facilities without sleeping quarters or with part-time occupancy will receive subsequent consideration. Training facilities, marine fire facilities, and intermittently occupied facilities will be considered next. 205 74 FY 2023 AFG NOFO All of the following are considerations in pre-scoring and peer review determinations: Eligible Modifications to Facilities Priorities for Fire Department and Nonaffiliated EMS include but are not limited to: • New source capture exhaust systems, sprinkler systems, carbon monoxide, or smoke/fire detection systems – only for these types of systems and not multi- purpose systems that encompass ineligible features as described below. • Replacement or updates to existing source capture exhaust systems, sprinkler systems, carbon monoxide, or smoke/fire detection systems are considered lower priority over requests submitted for new systems. • Emergency generators, Air Quality Systems (AQSs) Note: AQSs are fixed equipment that are air purifying, scrubbing, and/or air exchange systems Ineligible Modifications to Facilities Priorities for Fire Department and Nonaffiliated EMS include but are not limited to: • Station maintenance • Resurfacing of bay floors • Interior remodeling not pertaining to the requested project(s) • Food and beverages Security systems, or other alerting systems of similar purpose designed to notify fire stations of unauthorized access or provide deployment notifications or multi-purpose systems that include any of these features even if they also include otherwise eligible features g. Regional Applications A Regional application is an opportunity for a fire department or a nonaffiliated EMS organization to act as a host and apply for funding on behalf of itself and any number of other participating AFG Program eligible organizations. The host organization and its partners must be the intended beneficiaries of the proposed project. A nonaffiliated EMS organization that serves as a host regional applicant can only host other nonaffiliated EMS organizations. A fire department that serves as a host regional applicant can apply on behalf of other eligible fire departments and nonaffiliated EMS organizations within the same application. SFTAs are not eligible to apply under the Regional activity. Eligible Regional activities are Vehicle Acquisition, and Operations and Safety but only for Training, Equipment, Wellness and Fitness, and PPE activities. Regional activities should achieve cost effectiveness, support regional efficiency and resilience, and benefit more than one local jurisdiction (county, parish, town, township, city, or village) directly from the activities implemented with the grant funds. To align with the stated program objective of fostering interoperability, departments and agencies party to regional applications must use the same vendor. Any exceptions to this requirement must be pre-approved by FEMA in writing and be based on compelling operational need. Regional applicants will be subject to the funding limitations based on the total population served by the host of the application and the participating partners. For example, if the host and partners serve a population of 100,000 or fewer and are the recipients of a Regional award for $1 million, the host has met their cap and is no longer eligible for additional funds under the AFG Program. 206 75 FY 2023 AFG NOFO The community identification characteristic (e.g., Rural, Urban, or Suburban) and the organizational status of the host applicant (e.g., Career, Combination, or Volunteer) will be entered and used for the Regional application, regardless of the composition of the participating partners. Regional populations served are the aggregate of the geographically fixed primary first due response areas of the host and participating partner organizations. Exceptions can be made to this requirement in situations where the host is also the parent organization and is responsible for their smaller and independent stations. Neither the Regional host nor any participating partner is prevented from also applying on behalf of their own organization for any AFG Program activity (Vehicle Acquisition, or Operations and Safety). However, it cannot be for the same item. For example, a department cannot apply for PPE under its own organization and participate in a regional PPE application. In the application narrative, a Regional host must include a list of all the AFG Program eligible participating organizations benefitting from a proposed Regional project, including validated points of contact, each organization’s EIN, and clear and detailed information on the regional activities requested. Host organizations should provide specific details, fully explaining the distribution of any grant-funded acquisitions or grant-funded contracted services, as well as the responsibilities between the host and the partner organizations. In order to apply for a Regional project, the host organization must agree, if awarded, to be responsible for all aspects of the grant. This includes, but is not limited to cost share, accountability for the assets, and all reporting requirements in the Regional application. The host of the Regional application is not considered a pass-through entity and may not issue sub-awards. The host will be required to enter information that captures the macro demographics (e.g., total square miles) and master listings of information (e.g., combined SCBA inventories) of the partners that serve the region. All participants of a Regional applicant must be compliant with AFG Program requirements, including being current with past grants, closeouts, and other reporting requirements. Upon notification by the AFG Program Office, the host agency shall not distribute grant-funded assets or provide grant-funded contractual services to non-compliant partner organizations. The host and the delinquent partners will be notified by the AFG Program Office of their specific deficiency. Regional host applicants and participating partner agencies must execute a Memorandum of Understanding (MOU) or equivalent document signed by the host and all participating organizations. The agreement should specify the individual and mutual responsibilities of the participating partners, the participant’s level of involvement in the project(s), and the proposed distribution of all grant- funded assets and/or contracted services. Copies of the MOU will be requested during the technical evaluation of the application. 207 76 FY 2023 AFG NOFO The MOU must specify the individual and mutual responsibilities of the host and participating partners, the host’s and participants’ level of involvement in the project(s), the participating partners’ EINs, and the proposed distribution of all grant-funded assets or contracted services. Any entity named in the application as benefiting from the award must be an eligible AFG Program organization and must be a party to the MOU or equivalent document. h. Vehicle Acquisition Vehicles purchased with AFG Program funds must be compliant with NFPA 1900 (Standard for Aircraft Rescue and Firefighting Vehicles, Wildland Fire Apparatus, and Automotive Fire) or equivalent (Standard for Automotive Ambulances). Leases, loan payments, or installment plans to obtain a vehicle are not eligible acquisition activities under the AFG Program and will not be reimbursed. Community Paramedic/Health vehicles are non-transport vehicles and are not intended to have a dual role (e.g., as utility or support vehicles). There is nothing inherent in the delivery of community paramedic services that requires any emergency response packages (e.g., lights, sirens) or operational equipment (e.g., rescue tools, structural/wildland firefighting equipment). Consequently, such activities are ineligible. Applicants may apply for more than one vehicle. Requests cannot exceed the financial cap based on population listed in the application. If a department submits multiple types of applications, and more than one of those requests are approved, the department will be held to the same financial cap based on the population listed in the application. When requesting more than one vehicle, applicants will be asked to fill out a separate line item and answer all the questions including a separate narrative for each vehicle. For example, if an applicant is requesting to replace three ambulances, the applicant must fill out the age and vehicle identification number (VIN) of each vehicle being replaced. Applicants cannot use the same VIN in each line item. In the case(s) when an applicant is not replacing a vehicle but only changing the service status of a vehicle(s), such as from first due to reserve, a VIN is still required for the narrative and for the vehicle being reassigned. Applicants requesting fire vehicles that do not have drivers or operators trained to NFPA 1002 or equivalent and are not planning to have a training program in place by the time the awarded vehicle(s) is delivered will not receive a vehicle award. Applicants requesting nonaffiliated EMS vehicles that do not have drivers or operators trained to the National Standard Emergency Vehicle Operator Curriculum (EVOC) developed by the United States Department of Transportation (DOT), or equivalent, and are not planning to have a training program in place by the time the awarded vehicle(s) is delivered, will not receive a vehicle award. All applicants may request funding for a driver training program within the “Vehicle Acquisition” section but must add the request in the “Additional Funding” area in the “Request Details” section of the Vehicle Application. 208 77 FY 2023 AFG NOFO All driver training program(s) must be in place prior to the delivery of the awarded vehicle(s) or the recipient will be considered in violation of the grant agreement. The pre-score evaluation criteria consider the department’s need for the vehicle based on the age/condition of current vehicles and/or the demands on the organization. Eligible Vehicle Activities for Fire Department, and SFTA include but are not limited to: Priority Urban Communities Suburban Communities Rural Communities • Aerial • Ambulance • Pumper • Rescue Vehicle Light, Medium, or Heavy • Non-Transport EMS (Community Paramedic/Healthcare) • Quint • Brush Type III or larger • Aerial • Ambulance • Pumper • Tanker/Tender • Rescue Vehicle Light, Medium or Heavy • Non-Transport EMS (Community Paramedic/Healthcare) • Quint • Brush • Aerial • Ambulance • Brush/Attack • Pumper • Tanker/Tender • Non-Transport EMS (Community Paramedic/Healthcare) • Quint • Command/Mobile Communications Vehicle • HazMat Unit • Air/Light Unit • Rehab Unit • Command/Mobile Communications Vehicle • HazMat Unit • Air/Light Unit • Rehab Unit • Command/Mobile Communications Vehicle • Hazardous Materials Unit • Air/Light Unit • Rescue Vehicle Light, Medium or Heavy • ARFF • Foam Truck • Fire Rescue/Boat • Highway Safety Unit • Hybrid (i.e., Transport Engine) • Tanker/Tender • ARFF • Foam Truck • Highway Safety Unit • Hybrid (i.e., Transport Engine) • Fire Rescue/Boat • ARFF • Foam Truck • Highway Safety Unit • Hybrid (i.e., Transport Engine) • Fire Rescue/Boat • Rehab Unit 209 78 FY 2023 AFG NOFO Eligible Regional Vehicle Activities for Fire Departments (ALL Community Types) • Aerial • Air/Light Unit • Bariatric Ambulance • Command/Mobile Communications Vehicle • Non-Transport EMS (Community Paramedic/Healthcare) • Rehab Unit • Rescue Vehicle Light, Medium or Heavy • Tow Vehicle (Applied for under equipment) • Highway Safety Unit • Hazardous Materials Unit • Foam Truck Eligible Nonaffiliated EMS and Nonaffiliated Regional Vehicle Activities • Ambulances • Bariatric Ambulance • Non-Transport EMS (Community Paramedic/Healthcare) Compliance with Standards • Ambulances must comply with NFPA 1900, or GSA Federal Standard KKK-A-1822F • Applicants must certify that unsafe vehicles will be permanently removed from service if awarded a grant; acceptable uses of unsafe vehicles include farm, nursery, scrap metal, salvage, construction, or donation to a foreign entity • Applicants should consider adopting the principles of Traffic Incident Management Systems (TIMS); the USFA report on TIMS can be found on FEMA’s website at :https://www.fema.gov/fire-grant-contact-information Traffic Incident Management Systems • New fire apparatus must be compliant with NFPA 1900 for the year ordered/manufactured Additional Considerations (to include, but not limited to) • Age and mileage of the vehicle being replaced; older equipment receives higher consideration • Age of the newest vehicle in the department’s fleet that is like the vehicle to be replaced • Average age of the fleet; older equipment within the same class • Call volume of primary first due response area or region • Converted vehicles (with an emphasis on tanker/brush trucks) not designed or intended for use in the fire service departments that have automatic aid agreements, mutual aid agreements, or both; a converted vehicle is any vehicle that is not engineered to an NFPA standard, or not being used for its original design, or over its gross vehicle weight • Vehicles on loan to the organization in the application narrative but not in the organization’s inventory • Damaged vehicles and out of service vehicles in the organization’s inventory • Replacement of open cab/jump seat configurations 210 79 FY 2023 AFG NOFO IMPORTANT Applicants requesting a vehicle(s) may be required to provide additional fleet information after the submission of the application. Vehicle inventory in the application must reflect currently owned vehicles as well as vehicles that are leased or on long-term loan and vehicles that have been ordered or otherwise currently under contract for purchase or lease by the organization but not yet in possession. The following definitions should be followed when providing vehicle inventory in the application: Front Line Vehicle: a vehicle that is fully equipped and ready to respond to emergency calls (first due, second due, ready-reserve vehicle). Ready-Reserve Vehicle: a vehicle that is equipped and may be easily made ready to respond (i.e., emergency mobilization). Reserve Vehicle: a vehicle that is not fully equipped and not ready to respond. Reserve apparatus is used when the front-line vehicle is out-of-service (repairs/maintenance). Equipment is removed from the front-line vehicle and moved to the reserve vehicle for emergency response. Temporarily Out of Service Vehicle: A vehicle which has been temporarily removed from emergency response duties due to mechanical or safety conditions requiring repair. Although currently out of service this vehicle is required to meet the response needs of the agency and will be returned to front line or reserve status once repaired. Temporarily out of service vehicles are included in the vehicle inventory, included in the seated position count and are eligible for replacement in the AFG Program. Decommissioned Vehicle: A vehicle which has been permanently removed from any or all emergency response duties or functions but is still in the possession of the organization. Examples include retired vehicles waiting disposal, vehicles used solely for parade/public relations use, antique vehicles, display, or similar uses. Decommissioned vehicles are not listed in the vehicle inventory or included in the seated position count and are not eligible for replacement in the AFG Program. Vehicle Contract: Vehicle award recipients must submit a copy of their vehicle purchase contract to the designated Regional Fire Program Specialist or Program Analyst. To locate Regional Fire Specialist, please visit FEMA’s website at https://www.fema.gov/fire-grant- contact-information Assistance to Firefighters Grant Program. Recipients will be asked to scan the document(s) into a PDF format and email it to the Regional Fire Program Specialist or Program Analyst for inclusion in the grant file. Submitting a vehicle purchase contract will assist in the programmatic monitoring of an award and help ensure programmatic compliance with the Improper Payments Eliminations and Recovery Act of 2012 (Pub. L. No. 112-248). If recipients do not submit a vehicle purchase contract, they will be unable to: • Submit for an advance of federal funds for partial vehicle payment or chassis payment; and 211 80 FY 2023 AFG NOFO • Submit an amendment requesting a Period of Performance extension for the project. Performance Bond Strongly Recommended: Performance bonds are strongly recommended but not required by the AFG Program. This is for any organization that is going to advance its own funds to their vendor prior to receipt of the vehicle. The bond may be obtained through the vendor or bank. The concept behind this is to ensure the applicant’s funds are not lost in the event of a vendor’s failure to perform, e.g., not finishing or delivering the vehicle, or going out of business. Prepayment Bond Required: AFG Program vehicle recipients are required to obtain a prepayment bond if the recipient plans to advance federal funds to their vendor for a down payment. This is to safeguard the federal funds against loss if the vendor goes out of business or fails to deliver the vehicle. Prepayment bonds may be obtained through the vendor or bank. The cost of a Prepayment Bond is a reimbursable activity under a vehicle acquisition award. Penalty Clause Required: All contracts for any AFG Program-funded vehicle must contain a penalty clause. Non-delivery by the contract’s specified date, or other vendor nonperformance, will require a penalty that is no less than $100 per day until such time that the vehicle, compliant with the terms of the contract, has been accepted by the recipient. Exceptions may be considered by FEMA only if an urgent and compelling need is demonstrated by the recipient. The request for exception from this requirement must be submitted in writing to the AFG Program Analyst or Regional Fire Program Specialist. Down Payment: A down payment for the purchase of a vehicle is allowable if required in the vehicle purchase contract, but FEMA will only allow up to 25% of the federal share to be drawn for this purpose. Any costs over-and-above the 25% limit, such as the cost of a chassis or any other fees or services, must be borne by the recipient or deferred until final payment is drawn. Federal funds may not be requested for any other payments to include but not limited to periodic or progress vehicle payments, loan payments, or the acquisition of equipment for the awarded if already supplied under the vehicle contract. Purchases outside of the vehicle contract can be requested for payment, i.e., driver/operator training, physical exams for driver/operator, and equipment specific to the type of apparatus awarded and as listed in the NFPA 1990. Final Payment: To expedite the acquisition process, and prior to the vehicle being received, inspected, and accepted, the recipient may request the final vehicle payment as an advance payment request. However, the recipient shall not disburse or satisfy the vehicle obligation until after the vehicle is received, inspected, and accepted by the recipient. 212 81 FY 2023 AFG NOFO Eligible Vehicle Activities for Fire Department, Nonaffiliated EMS Organizations, Joint/Regional, and SFTA include but are not limited to: • Cost of vehicle • Physicals to meet current NFPA 1582/US DOT 649 F • Cost of associated equipment that is eligible under current NFPA 1900 • Driver/operator training programs that meet applicable standards, current NFPA 1002 or EVOC, or equivalent • Travel expenses (air/rail transportation, mileage, hotel/lodging) to inspect a requested vehicle during production Note: Food and beverages are ineligible travel expenses Ineligible Vehicle Activities for Fire Department, Nonaffiliated EMS Organizations, Joint/Regional, and SFTA include but are not limited to: • Leasing, rental, or installment purchase of any grant funded vehicle • Aircraft, bulldozers, or construction- related equipment • Using the vehicle being awarded as collateral for any financial loan • UTVs and ATVs • UAVs and drones • Used or refurbished apparatus • Converted vehicles not originally designed for firefighting • Food and beverages Examples of vehicle types • Pumper (an apparatus that carries a minimum of 300 gallons of water and has a pump with the capacity to pump a minimum of 750 gallons per minute [GPM]) • Urban interface vehicles (Type I) pumper (300 gallons of water and 750 GPM) • Ambulance (vehicle used for transporting patients) • Tanker/Tender (an apparatus that has water capacity in excess of 1,000 gallons of water) • Quint Aerial (an aerial ladder, elevating platform, or water tower that is designed to position personnel, handle materials, provide continuous egress, or discharge water) • Quint (fire apparatus with a permanently mounted fire pump, a water tank, a hose storage area, an aerial ladder or elevating platform with a permanently mounted waterway, and a complement of ground ladders) • Aerial Ladder (elevating platform, or water tower that is designed to position personnel, handle materials, provide continuous egress, or discharge water) Unsafe Vehicles If applicants specify the vehicle(s) to be replaced are unsafe, they must certify that if awarded, the unsafe vehicle to be replaced will be permanently removed from emergency service response. Permanently removed from emergency service response means the recipient cannot use the vehicle being replaced for any emergency service response, nor can the recipient sell or otherwise transfer title to any individual or emergency service response organization that will use the unsafe vehicle for emergency service response. 213 82 FY 2023 AFG NOFO A recipient who certifies it will remove an unsafe vehicle from service but then sells/transfers the unsafe vehicle to another emergency service response organization, or otherwise does not remove the unsafe vehicle from emergency service response, is considered to be in violation of the grant agreement. Acceptable dispositions (donation or sale) of unsafe vehicles include but are not limited to a training facility (NO emergency response off the training grounds), farm use, construction or nursery use, sale to a non-emergency service response entity for refurbishment, scrap metal, salvage, or foreign donation. 15. Appendix C – Award Administration Information Appendix C contains detailed information on AFG Program Award Administration. Reviewing this information may help recipients in the programmatic and financial administration of their award(s). a. Help FEMA Prevent Fraud, Waste, and Abuse If applicants or recipients have information about instances of fraud, waste, abuse, or mismanagement involving FEMA programs or operations, they should contact the DHS Office of Inspector General (OIG) Hotline at (800) 323-8603, by fax at (202) 254-4297, or email HOTLINE@oig.dhs.gov. b. Economic Hardship Waivers of Cost Share and Maintenance of Effort In cases of demonstrated economic hardship, and upon the request of the recipient, the FEMA Administrator may waive or reduce an AFG Program cost share or MOE requirement for certain recipients (15 U.S.C. § 2229(k)(4)(A)). As required by statute, the FEMA Administrator established guidelines for determining what constitutes economic hardship and published these guidelines in Information Bulletin No. 427. The applicant is required to submit documentation supporting their request for an Economic Hardship Waiver at the time of the application by attaching the supporting document to the grant application. To receive an Economic Hardship Waiver the applicant must address the specific conditions as well as format the waiver request submission as specified in Section III – Guidance, Part D: Eligibility – Demonstrating Economic Hardship of Information Bulletin No. 427. Failure to provide documentation at the time of application or address the conditions or following the prescribed format in Information Bulletin No. 427 may result in a denial of the waiver. c. Grant Writer/Preparation Fees Fees for grant writers may be included as a pre-award expenditure. For grant writer fees to be eligible as a pre-award expenditure, the services must be competitively sourced, specifically identified, and listed within the “Request Details” section of the application and must satisfy the requirements under 2 C.F.R. § 200.458. FEMA will only consider reimbursements for application preparation, not administration, up to $1,500 per annum. The allowability of grant writer fees as a pre-award expenditure must be paid between the 90 days prior to the publication date of the NOFO and up to 30 days after the application period closes. In order 214 83 FY 2023 AFG NOFO for Grant writer fees held either on retainer or subscription basis to be an eligible pre-award cost, the claimed retainer or subscription must have been competitively secured, and the costs are limited to the start of the appropriation period for the underlying award and meet the requirements under 2 C.F.R. § 200.458. Fees payable on a contingency basis are not an eligible expense. Pursuant to 2 C.F.R. Part 180, recipients may not use federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is presently suspended or debarred by the federal government from receiving funding under federally funded grants or contracts. Recipients must verify that the contractor is not suspended or debarred from participating in specified federal procurement or non-procurement transactions pursuant to 2 C.F.R. § 180.300. Prior to submission of the application, please review all work produced by grant writers or other third parties for accuracy. By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by FEMA. These actions include but are not limited to the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS OIG. The following documentation shall be provided to FEMA upon request: i. A copy of the grant writer’s contract for services; ii. A copy of the invoice or purchase order; iii. A copy of the canceled check (front and back); and iv. Evidence that the services were competitively procured. If an applicant’s local procurement practices/policies do not require competitive bidding under $1,500, then the applicant may be asked to provide a copy of that policy. Failure to provide the requested documentation may result in the grant writer fee being deemed ineligible and the grant reduced accordingly. NOTE: FEMA requires that all applicants identify the following as “Application Participants” in the “Contact Information” section of the application. Any individual or organization that assisted with the development, preparation, or review of the application to include drafting or writing the narrative and budget, whether that person, entity, or agent is compensated or not and whether the assistance took place before submitting the application. d. Maintenance and Sustainment for AFG Programs The use of FEMA preparedness grant funds for the costs of repairs or replacement, as well as maintenance contracts, warranties, and user fees may be allowable. The intent of eligible Maintenance and Sustainment activities is to provide direct support to the critical capabilities developed using FEMA and other DHS grants and support activities. Routine upkeep and the supplies, expendables, or one-time use items that support routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly inspections or grounds 215 84 FY 2023 AFG NOFO and facility maintenance) are the responsibility of the recipient and may not be funded with AFG Program funding. Generally, when purchasing a maintenance agreement, service contract, or extended warranty for systems or equipment, the period of coverage provided under such a plan may not extend beyond the period of performance of the grant with which the agreement, warranty, or contract is purchased. The duration of an extended warranty purchased incidental to the original purchase of the equipment may exceed the period of performance as long as the coverage purchased is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment or system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this policy extends to licenses and user fees as well. Even if purchased incidental to the original purchase of the equipment, the duration of an extended maintenance agreement or warranty must also be reasonable for the type of equipment or system being purchased. For example, if a vendor offers a 10-year extended warranty incidental to the purchase of a piece of equipment, but the useful life of that equipment being purchased is five years, the purchase of a 10-year extended warranty would not be a reasonable cost and may not be charged to the grant. e. Taxes, Fees, Levies, and Assessments Taxes, fees, levies, or assessments that the recipient is legally required to pay and are directly related to any eligible AFG Program acquisition activity may be charged to an AFG Program award pursuant to 2 C.F.R. § 200.470. These charges shall be identified and enumerated in the AFG Program application narrative, as well as the “Request Details” section of the acquisition activity. Any avoidable and unreasonable costs that result from the action or inaction of a recipient (or recipient’s agent) or that prevent that recipient from enjoying any lawful exemption, waiver, or reduction of any tax, fee, levy, or assessment directly related to any eligible AFG Program acquisition activity, are not chargeable to any AFG award. Example: Governmental entities and Public Safety Agencies are exempt from some Federal Communications Commission (FCC) fees*, but only if the eligible organization submits an exemption or waiver request to the FCC. *Government entities are not required to pay FCC regulatory fees. Nonprofit entities (exempt under Section 501 of the Internal Revenue Code) may also be exempt. The FCC requires that any entity claiming exempt status submit, or have on file with the FCC, a valid Internal Revenue Service Determination Letter documenting its nonprofit status or certification from a governmental authority attesting to its exempt status. For more information, please visit the Federal Communications Commission website. f. Excess Funds 216 85 FY 2023 AFG NOFO After completing the initial project’s purpose in the recipient’s application, some recipients may have unexpended funds remaining in their budget. These excess funds may result from any combination of under-budget acquisition activities or competitive procurement processes. These cost-shared excess funds may be utilized to address an organization’s local needs or to mitigate identified capability gaps. FEMA expects excess funds to be obligated concurrent with an award’s period of performance to address a known or critical need. Excess Funds Restrictions In general, excess funds are limited to no more than $10,000 for any award. If you have any questions, contact the AFG Help Desk at 866-274-0960 or email FireGrants@fema.dhs.gov. The AFG Helpdesk is open Monday through Friday, 8 a.m. – 4:30 p.m. ET. The $10,000 maximum is cumulative for any grant, regardless of the number of activities within the award, and will require no amendment except when the use of excess funds is for any eligible activity that would normally require an EHP review. • Excess funds cannot be used to support Fire Prevention and Safety activities. • Consistent with the funding priorities set by the panel of fire service professionals and stakeholders, excess funds are limited to the purchase of High Priority items only. • Excess funds cannot be used for grant writer/preparer fees. • Excess funds may only be used for allowable activities identified in the program guidance for that fiscal year’s grant cycle. • The opportunity for excess funds is limited when the original uncompleted Scope of Work is changed via an amendment. Example: An award for the acquisition of 10 SCBA units is reduced via Amendment to eight SCBA units. The federal participation and the recipient cost obligation are both reduced and any remaining unliquidated federal funds resulting from the reduction in quantity of awarded items are not allowable as excess funds. FEMA may allow reduction in the quantity of awarded items but not total project cost if compelling justification of need is provided. Exceptions to the $10,000 use may be considered by FEMA if urgent and compelling need that can be directly related to a demonstrated event impacting the health and safety of the firefighters within the department can be identified. This request must be submitted in writing via an amendment. g. Payments and Amendments FEMA uses the Direct Deposit/Electronic Funds Transfer (DD/EFT) method of payment to recipients. AFG Program payment/drawdown requests are generated using FEMA GO. AFG Program payment/drawdown requests from state or local government entities will be governed by applicable federal regulations in effect at the time a grant is awarded to the recipient and may be either advances or reimbursements. Recipients should not expend funds until all special conditions listed on the grant award document have been met, including completion of EHP review, active SAM.gov registration, and the request for payment in 217 86 FY 2023 AFG NOFO FEMA GO has been approved. Recipients should draw down funds based upon immediate disbursement requirements; however, FEMA strongly encourages recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest. Non-federal entities should keep detailed records of all transactions involving the grant. FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of canceled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337. ADVANCES Recipients shall be paid in advance, provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and its disbursement by the recipient (not to exceed 30 days), and the financial management systems that meet the standards for fund control and accountability as established in 2 C.F.R. Part 200. The recipient shall include invoice(s) and/or purchase orders for advance AFG Program payment/drawdown requests. EHP review requirement must be met prior to advanced payments. Although advance drawdown requests are permissible, recipients remain subject to applicable federal laws in effect at the time a grant is awarded to the recipient. Governing interest requirements include the Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200 and the Cash Management Improvement Act (CMIA) and its implementing regulations at 31 C.F.R. Part 205. Interest under CMIA will accrue from the time federal funds are credited to a recipient’s account until the time the recipient pays out the funds for program purposes. For the rate to use in calculating interest, please visit Treasury Current Value of Funds Rate. REIMBURSEMENT Payment by reimbursement is the preferred method when the requirements to be paid in advance, pursuant to 2 C.F.R. § 200.305, cannot be met. In accordance with U.S. Department of Treasury regulations at 31 C.F.R. Part 205, if applicable, the recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds. As a prerequisite of the AFG Program approval for reimbursement requests, recipients shall include proof of purchase, in the form of a canceled check or credit card transaction, active SAM.gov registration, and a final invoice(s) in each reimbursement AFG Program payment/drawdown request. REBATES Recipients shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments, in accordance with 2 C.F.R. § 200.305. The reduction of federal financial participation via rebates/refunds may generate excess funds for the recipient if the recipient previously obligated their Cost Share match based upon the original award figures. If the recipient previously obligated their original Cost Share prior to the rebate, then the recipient may have minimum excess funds equal to the difference between the original Cost Share less the rebate 218 87 FY 2023 AFG NOFO adjusted Cost Share. PAYMENT REQUESTS DURING CLOSEOUT A recipient may only submit reimbursement payment requests up to 120 days after the expiration of the period of performance, during an award’s closeout reconciliation. Reimbursement payments are the only eligible type of requests to be submitted after a grant’s period of performance has expired. The expenditure must have been obligated and received during the period of performance of the award. The recipient’s request should contain clear and specific information certifying that the liquidation of federal funds is reimbursement for an obligation properly incurred during the active period of performance. FEMA may request documentation supporting the reimbursement for review at any time. AMENDMENTS FEMA may approve AFG Program award amendments on a case-by-case basis, for the following reasons: • Extension of the period of performance in order to complete the scope of work; • Changes to the activity, mission, retroactive approval (pre-award), closeout issues, and some excess funds requests; or • Budget changes (adding funds to award/non-closeout deobligation of funds). FEMA will only consider amendments submitted via FEMA GO. These requests must contain specific and compelling justifications for the requested change. Amendments or changes to the scope of work may require additional EHP review. FEMA strongly encourages recipients to expend grant funds in a timely manner, to be consistent with AFG Program goals and objectives. All amendments require recipients to maintain an active SAM.gov registration. NOTE: A recipient may deobligate (i.e., return) unused funds (i.e., those remaining funds previously drawn down via payment request and/or remaining award funding that was never requested) to DHS/FEMA prior to the end of an award’s period of performance. To exercise this option, a recipient must submit an amendment via FEMA GO and state in the amendment that the unliquidated funds (i.e., the funds to be returned) are not necessary for the fulfillment or success of the grant’s obligations or mission. The recipient must also indicate in the amendment that it understands that the returned funds will be deobligated and unavailable for any future award expenses. Deobligation of funds will decrease the federal portion of the grant and the amount of the recipient’s Cost Share obligation. FEMA will confirm deobligation amendments with all points of contact; after confirmation of the recipient’s intent to deobligate, FEMA will hold the approved deobligation request for 14 days as a period for recipient reconsideration before FEMA processes the deobligation request. The deobligation of funds cannot be reversed. h. Disposition of Grant Funded Equipment A recipient must use, manage, and dispose of AFG Program-funded equipment in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. § 200.313. With the exception of state governments, when 219 88 FY 2023 AFG NOFO original or replacement equipment acquired under an AFG award is no longer needed for the original project, program, or other activities currently or previously supported by a federal awarding agency, the recipient must request disposition instructions from FEMA. FEMA strongly recommends contacting a Regional FPS or the AFG Program Help Desk prior to the disposition of AFG Program funded equipment, to include vehicles. 220 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-047- Approve a change order/increase for PO 220577 - Duval Ford for $48,303.00 for a total amount of $73,046.95 plus a 22% contingency for vehicle increases, should this vehicle no longer be available and a newer model be delivered. Requested Action: Staff recommends approval of Proposed Resolution No. R24-047. Explanation of Request: During FY2022, the Fleet Maintenance Division ordered a 2022 Ford F-350 Dump for the scheduled replacement of unit 6005 for the Public Works - Streets Division. Due to delays in production and cancellations by the automotive industry, the vehicle was canceled and built as a 2024 model, which has increased the price. The original PO was issued on November 2021 for an amount of $48,303, utilizing the Florida Sheriffs Association Light Vehicle Contract # FSA20-VEL28.0, Heavy Equipment and Truck # FSA20-VEH 18.0, the current price for a 2024 model of this equipment is $73,047, utilizing the Florida Sheriffs Association Light Vehicle Contract # FSA23-VEL31.0 Heavy Equipment and Trucks # FSA23-VEH 21.0. We have the option to refuse the vehicles when they are delivered during inspection. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to our residents and customers. Fiscal Impact: This is a budgeted item. Attachments: Resolution No. R24-047- Vehicle_Purchase (1).docx Agenda Item No. 1270-2023 Exhibit A.pdf PO # 220577 - Duval Ford.pdf Duval Ford - Original Quote & Contract.pdf Duval Ford - Updated Quote.pdf Contract FSA23-VEL31.0.pdf 221 S:\CA\RESO\Resolutions 2024\March 5, 2024 RESOLUTION NO. R24-047 1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE INCREASE OF PURCHASE ORDER 5 NO. 22057 FROM AN AMOUNT OF $48,303.00 TO AN AMOUNT OF 6 $73,046.95 FOR THE PURCHASE OF ONE DUVAL FORD, PLUS A 7 CONTINGENCY OF TWENTY-TWO PERCENT (22%) FOR 8 VEHICLE INCREASES IN THE EVENT THESE VEHICLES ARE 9 NO LONGER AVAILABLE AND NEW MODELS ARE10 DELIVERED; AUTHORIZING THE CITY MANAGER TO 11 EXECUTE ANY ANCILLARY DOCUMENTS NECESSARY TO 12 ACCOMPLISH THE PURCHASE, SUBJECT TO REVIEW BY THE 13 OFFICE OF THE CITY ATTORNEY FOR LEGAL SUFFICIENCY; 14 AND PROVIDING AN EFFECTIVE DATE.15 16 WHEREAS,during FY2022, the Fleet Maintenance Division ordered a 2022 Ford F-17 350 Dump for the scheduled replacement of unit 6005 for the Public Works, Streets Division. 18 Due to delays in production and cancellations by the automotive industry, the vehicle was 19 canceled and built as a 2024 model, which caused an increase in price;20 WHEREAS, the original Purchase Order was issued in November 2021, for an 21 amount of $48,303.00, utilizing the Florida Sheriffs’ Association Light Vehicle Contract No. 22 FSA20-VEL28.0, Heavy Equipment and Truck, No. FSA20-VEH 18.0. The current price for 23 a 2024 model of this equipment is $73,047.00, utilizing the Florida Sheriffs’ Association Light 24 Vehicle Contract No. FSA23-VEL31.0, Heavy Equipment and Trucks No. FSA23-VEH 21.0.25 We have the option to refuse the vehicles when they are delivered during inspection; and26 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 27 recommendation of staff, deems it to be in the best interests of the City residents to approve 28 the increase of Purchase Order No. 22057 from an amount of $48,303.00 to an amount of29 $73,046.95 for the purchase of one Duval Ford, plus a contingency of twenty-two percent 30 (22%) for vehicle increases, should these vehicles no longer be available and newer models 31 be delivered, and authorizes the City Manager to execute any ancillary documents necessary 32 to accomplish the purchase, subject to review by the office of the City Attorney for legal 33 sufficiency.34 35 36 222 S:\CA\RESO\Resolutions 2024\March 5, 2024 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 37 CITY OF BOYNTON BEACH, FLORIDA, THAT:38 SECTION 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 39 being true and correct and are hereby made a specific part of this Resolution 40 upon adoption hereof. 41 SECTION 2.The City Commission hereby approves the increase of Purchase Order 42 No. 22057 from an amount of $48,303.00 to an amount of $73,046.95 for the 43 purchase of one Duval Ford, plus a contingency of twenty-two percent (22%) 44 for vehicle increases, should these vehicles no longer be available and new 45 models be delivered, and authorizes the city manager to execute any ancillary 46 documents necessary to accomplish the purchase, subject to review by the 47 office of the city attorney for legal sufficiency. A copy of the quote for the 48 purchase price of $73,046.95 is attached hereto and incorporated herein as 49 Exhibit “A.”50 SECTION 3.This Resolution shall become effective immediately upon passage.51 52 223 S:\CA\RESO\Resolutions 2024\March 5, 2024 PASSED AND ADOPTED this 5th day of March 2024.53 CITY OF BOYNTON BEACH, FLORIDA54 55 YES NO56 57 Mayor – Ty Penserga _____ _____58 59 Vice Mayor – Thomas Turkin _____ _____60 61 Commissioner – Angela Cruz _____ _____62 63 Commissioner – Woodrow L. Hay _____ _____64 65 Commissioner – Aimee Kelley _____ _____66 67 VOTE ______68 69 70 71 ATTEST:72 73 74 ___________________________________________________________75 Maylee De Jesús, MPA, MMC Ty Penserga76 City Clerk Mayor77 78 79 APPROVED AS TO FORM:80 (Corporate Seal)81 _______________________________82 Shawna G. Lamb83 City Attorney84 224 Printed: 2/13/24 www.duvalfleet.com BOYNTON 6123.xlsx Prepared for:Contract Holder DATE: BOYNTON BEACH DUVAL FLEET 2/13/24 DAVE PERSAD Bambi Darr 561-742-6215 (Work) 904-381-6596 PersadD@bbfl.us (Fax) 904-387-6816 bambi.darr@duvalfleet.com 405 Lane Ave N. Jacksonville, FL 32254 PLEASE CONFIRM RECEIPT OF QUOTE VIA EMAIL Labor Code Price 0 ITEM 16 2024 FORD F-350 REG CAB CHASSIS DRW 4X2 XL - F3G 45,366.00$ 0 640A XL TRIM PACKAGE NC 0 99N 7.3L V8 GAS ENGINE NC 0 44G 10- SPEED AUTO TRANSMISSION NC 0 145WB 145" WHEEL BASE 60" CA NC 0 90L POWER WINDOWS/ DOOR LOCKS NC 0 872 BACKUP CAMERA 412.93$ 0 18B FACTORY RUNNING BOARDS 318.40$ 0 SBO 26 BACKUP ALARM 183.60$ 0 534 HEAVY DUTY TOWING PACKAGE TO INCLUDE PINTLE COMBO KERNINS K200 MULTI HITCH 1,645.00$ 0 X4L 4.30 LIMITED SLIP 384.00$ 0 52B TRAILER BRAKE CONTROLLER NC 0 CAMLOC RELOCATE FACTORY CAMERA ONCE SERVICE BODY IS COMPLETE 326.40$ 0 CD 1 9FT CONTRACTORS DUMP WITH 14" SIDES, BULKHEAD WITH LIGHTBAR PROVISION 18,527.67$ 0 DBO ELECTRIC TARP 875.00$ 0 31*SHIP THROUGH TO INCLUDE CERTIFICATION, WEIGHT SLIP, MSO & DEALER PDI 625.00$ 4 LED PKG 1 (4) WHELEN LED LIGHTS (2- SURFACE MOUNTED IN GRILLE & 2- IN TAIL LIGHTS (WHITE)833.75$ 4 IW2***54" WHELEN LIBERTY II LED LIGHTBAR (IW2AWAW) AMBER/WHITE (MOUNT ON CABSHIELD)1,809.00$ 3 PCC6W WHELEN 6-SWITCH CONTROLLER 187.20$ 0 PKE (2) ADDITIONAL KEYS WITH NO REMOTE 280.00$ 0 TAG.TTO NEW CITY TAG 173.00$ 0 0 Z1 EXTERIOR: OXFORD WHITE NC 0 AS INTERIOR: GRAY VINYL 40/20/40 NC 0 VINYL FLOOR NC 0 11 LABOR Total labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies:$100 1,100.00$ 0 VENDOR COMMENTS UNIT COST 73,046.95$ TOTAL QUANTITY 1 TOTAL PURCHASE 73,046.95$ BOYNTON BEACH We appreciate your interest and the opportunity to quote. Pricing per FLORIDA SHERIFFS ASSOCIATION LIGHT VEHICLE CONTRACT FSA23-VEL31.0 Heavy Equipment and Trucks FSA23-VEH 21.0. If you have any questions regarding this quote please call! Note, Vehicle will be ordered white exterior unless specified on purchase order. Shipping and Invoicing instructions are required on agency purchase order. Equipment REFRENCE PO: 220577 ORDER# 6123 / REC01673 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 Printed: 2/13/24 www.duvalfleet.com BOYNTON 6123.xlsx Prepared for:Contract Holder DATE: BOYNTON BEACH DUVAL FLEET 2/13/24 DAVE PERSAD Bambi Darr 561-742-6215 (Work) 904-381-6596 PersadD@bbfl.us (Fax) 904-387-6816 bambi.darr@duvalfleet.com 405 Lane Ave N. Jacksonville, FL 32254 PLEASE CONFIRM RECEIPT OF QUOTE VIA EMAIL Labor Code Price 0 ITEM 16 2024 FORD F-350 REG CAB CHASSIS DRW 4X2 XL - F3G 45,366.00$ 0 640A XL TRIM PACKAGE NC 0 99N 7.3L V8 GAS ENGINE NC 0 44G 10- SPEED AUTO TRANSMISSION NC 0 145WB 145" WHEEL BASE 60" CA NC 0 90L POWER WINDOWS/ DOOR LOCKS NC 0 872 BACKUP CAMERA 412.93$ 0 18B FACTORY RUNNING BOARDS 318.40$ 0 SBO 26 BACKUP ALARM 183.60$ 0 534 HEAVY DUTY TOWING PACKAGE TO INCLUDE PINTLE COMBO KERNINS K200 MULTI HITCH 1,645.00$ 0 X4L 4.30 LIMITED SLIP 384.00$ 0 52B TRAILER BRAKE CONTROLLER NC 0 CAMLOC RELOCATE FACTORY CAMERA ONCE SERVICE BODY IS COMPLETE 326.40$ 0 CD 1 9FT CONTRACTORS DUMP WITH 14" SIDES, BULKHEAD WITH LIGHTBAR PROVISION 18,527.67$ 0 DBO ELECTRIC TARP 875.00$ 0 31*SHIP THROUGH TO INCLUDE CERTIFICATION, WEIGHT SLIP, MSO & DEALER PDI 625.00$ 4 LED PKG 1 (4) WHELEN LED LIGHTS (2- SURFACE MOUNTED IN GRILLE & 2- IN TAIL LIGHTS (WHITE)833.75$ 4 IW2***54" WHELEN LIBERTY II LED LIGHTBAR (IW2AWAW) AMBER/WHITE (MOUNT ON CABSHIELD)1,809.00$ 3 PCC6W WHELEN 6-SWITCH CONTROLLER 187.20$ 0 PKE (2) ADDITIONAL KEYS WITH NO REMOTE 280.00$ 0 TAG.TTO NEW CITY TAG 173.00$ 0 0 Z1 EXTERIOR: OXFORD WHITE NC 0 AS INTERIOR: GRAY VINYL 40/20/40 NC 0 VINYL FLOOR NC 0 11 LABOR Total labor hours per spec. Includes wire, loom, connectors, PDI and shop supplies:$100 1,100.00$ 0 VENDOR COMMENTS UNIT COST 73,046.95$ TOTAL QUANTITY 1 TOTAL PURCHASE 73,046.95$ BOYNTON BEACH We appreciate your interest and the opportunity to quote. Pricing per FLORIDA SHERIFFS ASSOCIATION LIGHT VEHICLE CONTRACT FSA23-VEL31.0 Heavy Equipment and Trucks FSA23-VEH 21.0. If you have any questions regarding this quote please call! Note, Vehicle will be ordered white exterior unless specified on purchase order. Shipping and Invoicing instructions are required on agency purchase order. Equipment REFRENCE PO: 220577 ORDER# 6123 / REC01673 260 FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Contract Packet 261 Notice of Final Award FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Date: October 1, 2023 To: Bidders and Purchasers From: Hugh Oliver, Cooperative Purchasing Program Manger Re: Notice of Final Award for FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Florida Sheriffs Association (FSA) has completed its 31st year of the cooperative purchasing pursuit, administrative, and other vehicles contract. FSA is issuing the Notice of Final Award for contract FSA23- VEL31.0: Pursuit, Administrative, & Other Vehicles that will be effective from October 1, 2023, through September 30, 2024. This year’s bid included 216 items. The contract will offer pursuit rated vehicles, administrative sedans, pickup trucks, electric vehicles, cargo and passenger vans, electric bikes, motorcycles, and other light and midsize vehicles. The competitive process for this award began in May 2023, when stakeholders were surveyed regarding procurement needs. Items were added based on survey results and the Fleet Advisory Committee’s review of products. An advertisement for the Invitation to Bid was published in the Florida Administrative Weekly, as well as the State of Florida’s Office of Supplier Diversity and the FSA websites. On May 5, 2023, a direct notification was sent to 716 prospective bidders to participate in a voluntary bidder workshop. The ITB advertisement resulted in 51 pre-bid attendees or waivers. Of these respondents, 22 submitted bids and 19 qualified. FSA has identified intended awardees in the attached Final Award Report. The Final Award Report shows up to three lowest bidders per item, per zone. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions for this procurement. Bidders that become awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. Contract pricing will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida, or to other entities approved by manufacturers to buy from this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer’s agreement. All purchasers are bound by state law, local ordinances, rules, and regulations for purchases made under this contract. 262 FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Current Contract Prices 263 Item #Item Group Item Model #Link 1 Administrative Sedans Chevrolet Malibu LS 1ZC69 https://www.myvendorlink.com/external/award?s=152476&i=1 2 Administrative Sedans Ford Mustang Ecoboost P8T https://www.myvendorlink.com/external/award?s=152476&i=2 3 Administrative Sedans Nissan Altima 2.5 S FWD 13114 https://www.myvendorlink.com/external/award?s=152476&i=3 4 Administrative Sedans Nissan Sentra S 12014 https://www.myvendorlink.com/external/award?s=152476&i=4 5 Administrative Sedans Nissan Versa S CVT 10114 https://www.myvendorlink.com/external/award?s=152476&i=5 6 Administrative Sedans Toyota Camry LE 2532 https://www.myvendorlink.com/external/award?s=152476&i=6 7 Administrative Sedans Toyota Camry LE Hybrid 7514 https://www.myvendorlink.com/external/award?s=152476&i=7 8 Administrative Sedans Toyota Camry SE 2546 https://www.myvendorlink.com/external/award?s=152476&i=8 9 Administrative Sedans Toyota Camry XLE V6 2554 https://www.myvendorlink.com/external/award?s=152476&i=9 10 Administrative Sedans Toyota Corolla Hatchback SE CVT A/T 6272 https://www.myvendorlink.com/external/award?s=152476&i=10 11 Administrative Sedans Toyota Corolla LE 1852 https://www.myvendorlink.com/external/award?s=152476&i=11 12 Administrative Sedans Toyota Corolla LE Hybrid 1882 https://www.myvendorlink.com/external/award?s=152476&i=12 13 Administrative Sedans Toyota Prius LE Hybrid 1223 https://www.myvendorlink.com/external/award?s=152476&i=13 14 Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Chevrolet Silverado 3500HD Crew Cab CC31043 https://www.myvendorlink.com/external/award?s=152476&i=14 15 Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Chevrolet Silverado 3500HD Regular Cab CC31003 https://www.myvendorlink.com/external/award?s=152476&i=15 16 Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Ford F-350 Regular Cab F3G https://www.myvendorlink.com/external/award?s=152476&i=16 17 Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Ford F-350 Super Cab X3G https://www.myvendorlink.com/external/award?s=152476&i=17 18 Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Ford F-350 Super Crew W3G https://www.myvendorlink.com/external/award?s=152476&i=18 19 Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Chevrolet Silverado 3500HD Crew Cab CK31043 https://www.myvendorlink.com/external/award?s=152476&i=19 20 Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Chevrolet Silverado 3500HD Regular Cab CK31003 https://www.myvendorlink.com/external/award?s=152476&i=20 21 Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Ford F-350 Regular Cab F3H https://www.myvendorlink.com/external/award?s=152476&i=21 22 Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Ford F-350 Super Cab X3H https://www.myvendorlink.com/external/award?s=152476&i=22 23 Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Ford F-350 Super Crew W3H https://www.myvendorlink.com/external/award?s=152476&i=23 24 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Ford F-450 Crew Cab W4G https://www.myvendorlink.com/external/award?s=152476&i=24 25 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Ford F-450 Regular Cab F4G https://www.myvendorlink.com/external/award?s=152476&i=25 26 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Ford F-450 Super Cab X4G https://www.myvendorlink.com/external/award?s=152476&i=26 27 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Ford F-450 Crew Cab W4H https://www.myvendorlink.com/external/award?s=152476&i=27 28 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Ford F-450 Regular Cab F4H https://www.myvendorlink.com/external/award?s=152476&i=28 29 Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Ford F-450 Super Cab X4H https://www.myvendorlink.com/external/award?s=152476&i=29 30 Cargo & Passenger Vans Medium/High Roof Ford Transit T-150 Medium Roof Cargo Van RWD E1C https://www.myvendorlink.com/external/award?s=152476&i=30 31 Cargo & Passenger Vans Medium/High Roof Ford Transit T-250 High Roof Cargo Van RWD R1X https://www.myvendorlink.com/external/award?s=152476&i=31 32 Cargo & Passenger Vans Medium/High Roof Ford Transit T-250 Medium Roof Cargo Van RWD R1C https://www.myvendorlink.com/external/award?s=152476&i=32 33 Cargo & Passenger Vans Medium/High Roof Ford Transit T-350 High Roof Cargo Van RWD W1X https://www.myvendorlink.com/external/award?s=152476&i=33 34 Cargo & Passenger Vans Medium/High Roof Ford Transit T-350 High Roof Passenger Van (Wagon) RWX2X https://www.myvendorlink.com/external/award?s=152476&i=34 35 Cargo & Passenger Vans Medium/High Roof Ford Transit T-350 Medium Roof Cargo Van RWD W9C https://www.myvendorlink.com/external/award?s=152476&i=35 36 Cargo & Passenger Vans Medium/High Roof Ford Transit T-350 Medium Roof Passenger Van (Wagon X2C https://www.myvendorlink.com/external/award?s=152476&i=36 37 Cargo & Passenger Vans Medium/High Roof Mercedes-Benz Sprinter 2500 170 wb 4 cyl. diesel high r M2CA7S https://www.myvendorlink.com/external/award?s=152476&i=37 38 Cargo & Passenger Vans Medium/High Roof Mercedes-Benz Sprinter 2500 170 wb 4 cyl. Diesel higho M2CA7H https://www.myvendorlink.com/external/award?s=152476&i=38 39 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 2500 1WT 135 Cargo Van CG23405 https://www.myvendorlink.com/external/award?s=152476&i=39 40 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 2500 1WT 155 Cargo Van CG23705 https://www.myvendorlink.com/external/award?s=152476&i=40 41 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 2500 LS 135 Passenger Van CG23406 https://www.myvendorlink.com/external/award?s=152476&i=41 42 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 3500 1WT 135 Cargo Van CG33405 https://www.myvendorlink.com/external/award?s=152476&i=42 43 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 3500 1WT 155 Cargo Van CG33705 https://www.myvendorlink.com/external/award?s=152476&i=43 44 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 3500 LS 135 Passenger Van CG33406 https://www.myvendorlink.com/external/award?s=152476&i=44 45 Cargo & Passenger Vans Standard/Low Roof Chevrolet Express 3500 LS 155 Passenger Van CG33706 https://www.myvendorlink.com/external/award?s=152476&i=45 46 Cargo & Passenger Vans Standard/Low Roof Chrysler Pacifica Touring L RUCH53 https://www.myvendorlink.com/external/award?s=152476&i=46 47 Cargo & Passenger Vans Standard/Low Roof Ford E350 Cutaway Van E3F https://www.myvendorlink.com/external/award?s=152476&i=47 48 Cargo & Passenger Vans Standard/Low Roof Ford E450 Cutaway Van E4F https://www.myvendorlink.com/external/award?s=152476&i=48 49 Cargo & Passenger Vans Standard/Low Roof Ford Transit T150 Low Roof Cargo Van RWD E1Y https://www.myvendorlink.com/external/award?s=152476&i=49 50 Cargo & Passenger Vans Standard/Low Roof Ford Transit T250 Low Roof Cargo Van RWD R1Y https://www.myvendorlink.com/external/award?s=152476&i=50 51 Cargo & Passenger Vans Standard/Low Roof Ford Transit T-350 Low Roof Cargo Van RWD W1Y https://www.myvendorlink.com/external/award?s=152476&i=51 52 Cargo & Passenger Vans Standard/Low Roof Ford Transit T350 Low Roof Passenger Van (Wagon) RW X2Y https://www.myvendorlink.com/external/award?s=152476&i=52 53 Cargo & Passenger Vans Standard/Low Roof Mercedes-Benz Sprinter 3500XD (11 030 GVW) 170 wb 6 MXCC7H https://www.myvendorlink.com/external/award?s=152476&i=53 54 Cargo & Passenger Vans Standard/Low Roof Toyota Sienna AWD LE 5403 https://www.myvendorlink.com/external/award?s=152476&i=54 55 Cargo & Passenger Vans Standard/Low Roof Toyota Sienna LE Hybrid 5402 https://www.myvendorlink.com/external/award?s=152476&i=55 56 Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Chrysler Pacifica Select PHEV RUET53 https://www.myvendorlink.com/external/award?s=152476&i=56 264 57 Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Ford E-Transit T-350 Low Roof Cargo Van Regular Wheel W1Y/99K https://www.myvendorlink.com/external/award?s=152476&i=57 58 Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans 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4x4 and AWD Chevrolet Tahoe 4x4 1FL 21 CK10706 https://www.myvendorlink.com/external/award?s=152476&i=232 233 Utility & Hybrid Utility Vehicles – 4x4 and AWD Chevrolet Trailblazer AWD LS 1TV56 https://www.myvendorlink.com/external/award?s=152476&i=233 234 Utility & Hybrid Utility Vehicles – 4x4 and AWD Chevrolet Traverse LS AWD 1NV56 https://www.myvendorlink.com/external/award?s=152476&i=234 235 Utility & Hybrid Utility Vehicles – 4x4 and AWD Ford Bronco Sport R9B https://www.myvendorlink.com/external/award?s=152476&i=235 236 Utility & Hybrid Utility Vehicles – 4x4 and AWD Ford Expedition MAX XL 4X4 K1G/100A https://www.myvendorlink.com/external/award?s=152476&i=236 237 Utility & Hybrid Utility Vehicles – 4x4 and AWD Ford Expedition XL 4x4 U1G/100A https://www.myvendorlink.com/external/award?s=152476&i=237 238 Utility & Hybrid Utility Vehicles – 4x4 and AWD Ford Explorer XLT AWD K8D https://www.myvendorlink.com/external/award?s=152476&i=238 239 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Grand Cherokee Laredo 4x4 3 Row WLJH74 https://www.myvendorlink.com/external/award?s=152476&i=239 240 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wagoneer 4x4 Series I WSJM75 https://www.myvendorlink.com/external/award?s=152476&i=240 241 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wrangler 2 Door 4x4 A/T JLJL72 https://www.myvendorlink.com/external/award?s=152476&i=241 242 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wrangler 4 Door 4x4 A/T JLJL74 https://www.myvendorlink.com/external/award?s=152476&i=242 243 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wrangler Sport 2 Door 4x4 A/T JLJL72 (24S)https://www.myvendorlink.com/external/award?s=152476&i=243 244 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wrangler Sport 4-Door 4xE Hybrid JLXL74 https://www.myvendorlink.com/external/award?s=152476&i=244 245 Utility & Hybrid Utility Vehicles – 4x4 and AWD Jeep Wrangler Unlimited Sport 4 Door 4x4 A/T JLJL74 (24S)https://www.myvendorlink.com/external/award?s=152476&i=245 246 Utility & Hybrid Utility Vehicles – 4x4 and AWD Nissan Armada SV 4X4 26214 https://www.myvendorlink.com/external/award?s=152476&i=246 251 Utility & Hybrid Utility Vehicles – 4x4 and AWD Toyota Rav4 LE AWD 4432 https://www.myvendorlink.com/external/award?s=152476&i=251 252 Utility & Hybrid Utility Vehicles – 4x4 and AWD Toyota Rav4 LE Hybrid AWD 4435 https://www.myvendorlink.com/external/award?s=152476&i=252 253 Utility & Hybrid Utility Vehicles – 4x4 and AWD Toyota Sequoia SR5 4x4 Hybrid 7947 https://www.myvendorlink.com/external/award?s=152476&i=253 267 A. B. C. D. E. F. G. H. I. J. K. FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Final Award Report 268 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 2/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:1, Chevrolet, Malibu LS, 1ZC69 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC Stingray Chevrolet $23,117.00 $24,139.00 $24,193.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $22,917.00 $23,993.00 $24,139.00 Build Build Build Options Options Options Central Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $23,017.00 $23,893.00 $24,139.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $23,117.00 $23,893.00 $24,139.00 Build Build Build Options Options Options 269 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 3/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:2, Ford, Mustang Ecoboost, P8T Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $29,478.00 $29,756.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $29,278.00 $29,756.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $29,378.00 $29,756.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $29,478.00 $29,756.00 Build Build Options Options 270 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 4/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:3, Nissan, Altima 2.5 S FWD, 13114 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$24,819.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$24,769.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$24,769.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$24,942.00 Build Options 271 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 5/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:4, Nissan, Sentra S, 12014 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$20,831.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$20,802.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$20,807.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$20,857.00 Build Options 272 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 6/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:5, Nissan, Versa S CVT, 10114 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$18,746.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$18,477.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$18,613.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$18,746.00 Build Options 273 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 7/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:6, Toyota, Camry LE, 2532 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $25,341.00 Build Options Northern Primary Seminole Toyota $25,341.00 Build Options Central Primary Seminole Toyota $25,341.00 Build Options Southern Primary Seminole Toyota $25,341.00 Build Options 274 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 8/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:7, Toyota, Camry LE Hybrid, 7514 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $27,556.00 Build Options Northern Primary Seminole Toyota $27,556.00 Build Options Central Primary Seminole Toyota $27,556.00 Build Options Southern Primary Seminole Toyota $27,556.00 Build Options 275 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 9/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:8, Toyota, Camry SE, 2546 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $26,876.00 Build Options Northern Primary Seminole Toyota $26,629.00 Build Options Central Primary Seminole Toyota $26,629.00 Build Options Southern Primary Seminole Toyota $26,629.00 Build Options 276 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 10/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:9, Toyota, Camry XLE V6, 2554 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $34,371.00 Build Options Northern Primary Seminole Toyota $34,371.00 Build Options Central Primary Seminole Toyota $34,371.00 Build Options Southern Primary Seminole Toyota $37,371.00 Build Options 277 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 11/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:10, Toyota, Corolla Hatchback SE CVT A/T, 6272 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $23,293.00 Build Options Northern Primary Seminole Toyota $23,293.00 Build Options Central Primary Seminole Toyota $23,293.00 Build Options Southern Primary Seminole Toyota $23,293.00 Build Options 278 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 12/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:11, Toyota, Corolla LE, 1852 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $22,119.00 Build Options Northern Primary Seminole Toyota $22,119.00 Build Options Central Primary Seminole Toyota $22,119.00 Build Options Southern Primary Seminole Toyota $22,119.00 Build Options 279 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 13/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:12, Toyota, Corolla LE Hybrid, 1882 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $23,240.00 Build Options Northern Primary Seminole Toyota $23,240.00 Build Options Central Primary Seminole Toyota $23,240.00 Build Options Southern Primary Seminole Toyota $23,240.00 Build Options 280 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 14/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Administrative Sedans Item:13, Toyota, Prius LE Hybrid, 1223 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $27,345.00 Build Options Northern Primary Seminole Toyota $27,345.00 Build Options Central Primary Seminole Toyota $27,345.00 Build Options Southern Primary Seminole Toyota $27,345.00 Build Options 281 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 15/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Item:14, Chevrolet, Silverado 3500HD Crew Cab, CC31043 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,718.00 $46,818.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,518.00 $46,618.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,618.00 $46,618.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,718.00 $46,718.00 Build Build Options Options 282 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 16/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Item:15, Chevrolet, Silverado 3500HD Regular Cab, CC31003 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,807.00 $44,308.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,607.00 $44,208.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,707.00 $44,010.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,807.00 $44,218.00 Build Build Options Options 283 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 17/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Item:16, Ford, F-350 Regular Cab, F3G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $45,066.00 $45,341.00 $45,651.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $44,841.00 $45,131.00 $45,451.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $44,616.00 $45,221.00 $45,551.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $44,616.00 $45,366.00 $45,651.00 Build Build Build Options Options Options 284 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 18/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Item:17, Ford, F-350 Super Cab, X3G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,673.00 $46,960.00 $47,269.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,448.00 $46,750.00 $47,069.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,223.00 $46,840.00 $47,169.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,223.00 $46,985.00 $47,269.00 Build Build Build Options Options Options 285 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 19/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x2 Item:18, Ford, F-350 Super Crew, W3G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,639.00 $47,933.00 $48,242.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,414.00 $47,723.00 $48,042.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,189.00 $47,813.00 $48,142.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,189.00 $47,958.00 $48,242.00 Build Build Build Options Options Options 286 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 20/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Item:19, Chevrolet, Silverado 3500HD Crew Cab, CK31043 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,698.00 $49,398.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,498.00 $49,198.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,598.00 $49,098.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,698.00 $49,298.00 Build Build Options Options 287 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 21/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Item:20, Chevrolet, Silverado 3500HD Regular Cab, CK31003 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,787.00 $46,186.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,587.00 $46,086.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,687.00 $45,987.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,787.00 $46,296.00 Build Build Options Options 288 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 22/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Item:21, Ford, F-350 Regular Cab, F3H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC BOZARD FORD $48,203.00 $48,502.00 $49,073.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,978.00 $48,292.00 $48,610.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,753.00 $48,382.00 $48,710.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,753.00 $48,527.00 $48,810.00 Build Build Build Options Options Options 289 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 23/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Item:22, Ford, F-350 Super Cab, X3H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,836.00 $50,147.00 $50,455.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,611.00 $49,937.00 $50,255.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,386.00 $50,027.00 $50,355.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,386.00 $50,172.00 $50,455.00 Build Build Build Options Options Options 290 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 24/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 1 Ton (DRW) 4x4 Item:23, Ford, F-350 Super Crew, W3H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,797.00 $51,115.00 $51,424.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,572.00 $50,905.00 $51,224.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,347.00 $50,995.00 $51,324.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,347.00 $51,140.00 $51,424.00 Build Build Build Options Options Options 291 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 25/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Item:24, Ford, F-450 Crew Cab, W4G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,680.00 $50,997.00 $51,306.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,455.00 $50,787.00 $51,106.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,230.00 $50,877.00 $51,206.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,230.00 $51,022.00 $51,306.00 Build Build Build Options Options Options 292 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 26/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Item:25, Ford, F-450 Regular Cab, F4G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $48,564.00 $48,865.00 $49,174.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $48,339.00 $48,655.00 $48,974.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $48,114.00 $48,745.00 $49,074.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $48,114.00 $48,890.00 $49,174.00 Build Build Build Options Options Options 293 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 27/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x2 Item:26, Ford, F-450 Super Cab, X4G Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,658.00 $50,038.00 $50,347.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,433.00 $49,828.00 $50,147.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,208.00 $49,918.00 $50,247.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,208.00 $50,063.00 $50,347.00 Build Build Build Options Options Options 294 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 28/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Item:27, Ford, F-450 Crew Cab, W4H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $53,843.00 $54,184.00 $54,492.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $53,618.00 $53,974.00 $54,292.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $53,393.00 $54,064.00 $54,392.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $53,393.00 $54,209.00 $54,492.00 Build Build Build Options Options Options 295 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 29/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Item:28, Ford, F-450 Regular Cab, F4H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $51,181.00 $51,502.00 $51,810.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,956.00 $51,292.00 $51,610.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,731.00 $51,382.00 $51,710.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $50,731.00 $51,527.00 $51,810.00 Build Build Build Options Options Options 296 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 30/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cab and Chassis Trucks: 15,000 lbs. GVWR (DRW) 4x4 Item:29, Ford, F-450 Super Cab, X4H Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $52,887.00 $53,221.00 $53,529.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $52,662.00 $53,011.00 $53,329.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $52,437.00 $53,101.00 $53,429.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $52,437.00 $53,246.00 $53,529.00 Build Build Build Options Options Options 297 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 31/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:30, Ford, Transit T-150 Medium Roof Cargo Van RWD, E1C Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,932.00 $44,225.00 $44,483.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,722.00 $44,025.00 $44,483.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,812.00 $44,125.00 $44,483.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,957.00 $44,225.00 $44,483.00 Build Build Build Options Options Options 298 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 32/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:31, Ford, Transit T-250 High Roof Cargo Van RWD, R1X Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,682.00 $47,975.00 $48,221.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,472.00 $47,775.00 $48,221.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,562.00 $47,875.00 $48,221.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,707.00 $47,975.00 $48,221.00 Build Build Build Options Options Options 299 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 33/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:32, Ford, Transit T-250 Medium Roof Cargo Van RWD, R1C Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,795.00 $45,088.00 $45,364.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,585.00 $44,888.00 $45,364.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,675.00 $44,988.00 $45,364.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,820.00 $45,088.00 $45,364.00 Build Build Build Options Options Options 300 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 34/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:33, Ford, Transit T-350 High Roof Cargo Van RWD, W1X Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $48,819.00 $49,112.00 $49,381.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $48,609.00 $48,912.00 $49,381.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $48,699.00 $49,012.00 $49,381.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $48,844.00 $49,112.00 $49,381.00 Build Build Build Options Options Options 301 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 35/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:34, Ford, Transit T-350 High Roof Passenger Van (Wagon) RWD, X2X Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $51,658.00 $51,978.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $51,458.00 $51,978.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $51,558.00 $51,978.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $51,658.00 $51,978.00 Build Build Options Options 302 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 36/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:35, Ford, Transit T-350 Medium Roof Cargo Van RWD, W9C Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $46,220.00 $46,431.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $46,020.00 $46,431.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $46,120.00 $46,431.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $46,220.00 $46,431.00 Build Build Options Options 303 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 37/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:36, Ford, Transit T-350 Medium Roof Passenger Van (Wagon) RWD, X2C Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $50,571.00 $50,869.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $50,371.00 $50,869.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $50,471.00 $50,869.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $50,571.00 $50,869.00 Build Build Options Options 304 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 38/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:37, Mercedes-Benz, Sprinter 2500 170 wb 4 cyl. diesel high roof cargo van, M2CA7S Zone Rank Vendor Price Build File Options File Western Primary Tampa Truck Center $54,054.00 Build Options Northern Primary Tampa Truck Center $54,054.00 Build Options Central Primary Tampa Truck Center $54,054.00 Build Options Southern Primary Tampa Truck Center $54,054.00 Build Options 305 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 39/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Medium/High Roof Item:38, Mercedes-Benz, Sprinter 2500 170 wb 4 cyl. Diesel highoutput AWD high roof cargo van, M2CA7H Zone Rank Vendor Price Build File Options File Western Primary Tampa Truck Center $56,918.00 Build Options Northern Primary Tampa Truck Center $56,918.00 Build Options Central Primary Tampa Truck Center $56,918.00 Build Options Southern Primary Tampa Truck Center $56,918.00 Build Options 306 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 40/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:39, Chevrolet, Express 2500 1WT 135 Cargo Van, CG23405 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $36,958.00 $38,586.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $36,758.00 $38,386.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $36,858.00 $38,386.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $36,958.00 $38,586.00 Build Build Options Options 307 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 41/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:40, Chevrolet, Express 2500 1WT 155 Cargo Van, CG23705 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $38,688.00 $40,515.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $38,488.00 $40,315.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $38,588.00 $40,315.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $38,688.00 $40,815.00 Build Build Options Options 308 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 42/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:41, Chevrolet, Express 2500 LS 135 Passenger Van, CG23406 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$40,581.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$40,381.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$40,481.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$40,581.00 Build Options 309 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 43/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:42, Chevrolet, Express 3500 1WT 135 Cargo Van, CG33405 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,378.00 $41,006.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,178.00 $41,006.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,278.00 $41,006.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,378.00 $41,006.00 Build Build Options Options 310 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 44/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:43, Chevrolet, Express 3500 1WT 155 Cargo Van, CG33705 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $40,107.00 $41,586.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,907.00 $41,486.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $40,007.00 $41,486.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $40,107.00 $41,986.00 Build Build Options Options 311 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 45/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:44, Chevrolet, Express 3500 LS 135 Passenger Van, CG33406 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$41,271.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$41,071.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$41,171.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$41,271.00 Build Options 312 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 46/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:45, Chevrolet, Express 3500 LS 155 Passenger Van, CG33706 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,403.00 $45,984.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,203.00 $45,744.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,303.00 $45,704.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,403.00 $45,984.00 Build Build Options Options 313 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 47/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:46, Chrysler, Pacica Touring L, RUCH53 Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $41,210.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$41,389.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$41,489.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$41,589.00 Build Options 314 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 48/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:47, Ford, E350 Cutaway Van, E3F Zone Rank Vendor Price Build File Options File Western Primary BOZARD FORD $37,126.00 Build Options Northern Primary BOZARD FORD $37,126.00 Build Options Central Primary Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $35,400.00 $37,126.00 Build Build Options Options Southern Primary Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $35,050.00 $37,126.00 Build Build Options Options 315 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 49/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:48, Ford, E450 Cutaway Van, E4F Zone Rank Vendor Price Build File Options File Western Primary Alternate Duval Ford LLC BOZARD FORD $39,281.00 $39,432.00 Build Build Options Options Northern Primary Alternate Duval Ford LLC BOZARD FORD $39,071.00 $39,432.00 Build Build Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC BOZARD FORD $37,634.00 $39,161.00 $39,432.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC BOZARD FORD $37,284.00 $39,306.00 $39,432.00 Build Build Build Options Options Options 316 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 50/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:49, Ford, Transit T150 Low Roof Cargo Van RWD, E1Y Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,408.00 $43,701.00 $43,947.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,198.00 $43,501.00 $43,947.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,288.00 $43,601.00 $43,947.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,433.00 $43,701.00 $43,947.00 Build Build Build Options Options Options 317 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 51/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:50, Ford, Transit T250 Low Roof Cargo Van RWD, R1Y Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,272.00 $44,566.00 $44,832.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,062.00 $44,366.00 $44,832.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,152.00 $44,466.00 $44,832.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,297.00 $44,566.00 $44,832.00 Build Build Build Options Options Options 318 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 52/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:51, Ford, Transit T-350 Low Roof Cargo Van RWD, W1Y Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,409.00 $45,702.00 $45,902.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,199.00 $45,502.00 $45,902.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,289.00 $45,602.00 $45,902.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,434.00 $45,702.00 $45,902.00 Build Build Build Options Options Options 319 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 53/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:52, Ford, Transit T350 Low Roof Passenger Van (Wagon) RWD, X2Y Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $49,771.00 $50,151.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $49,571.00 $50,151.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $49,671.00 $50,151.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $49,771.00 $50,151.00 Build Build Options Options 320 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 54/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:53, Mercedes-Benz, Sprinter 3500XD (11 030 GVW) 170 wb 6 cyl. diesel cab chassis / cutaway, MXCC7H Zone Rank Vendor Price Build File Options File Western Primary Tampa Truck Center $51,394.00 Build Options Northern Primary Tampa Truck Center $51,394.00 Build Options Central Primary Tampa Truck Center $51,394.00 Build Options Southern Primary Tampa Truck Center $51,394.00 Build Options 321 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 55/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:54, Toyota, Sienna AWD LE, 5403 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $38,132.00 Build Options Northern Primary Seminole Toyota $38,132.00 Build Options Central Primary Seminole Toyota $38,132.00 Build Options Southern Primary Seminole Toyota $38,132.00 Build Options 322 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 56/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Cargo & Passenger Vans Standard/Low Roof Item:55, Toyota, Sienna LE Hybrid, 5402 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $36,260.00 Build Options Northern Primary Seminole Toyota $36,260.00 Build Options Central Primary Seminole Toyota $36,260.00 Build Options Southern Primary Seminole Toyota $36,260.00 Build Options 323 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 57/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Item:56, Chrysler, Pacica Select PHEV, RUET53 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $51,624.00 $51,930.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$51,730.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$51,830.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$51,930.00 Build Options 324 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 58/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Item:57, Ford, E-Transit T-350 Low Roof Cargo Van Regular Wheelbase, W1Y/99K Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $47,242.00 $47,473.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $47,042.00 $47,473.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $47,142.00 $47,473.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $47,242.00 $47,473.00 Build Build Options Options 325 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 59/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Item:58, Nissan, Leaf S 40kW, 17014 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$27,594.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$27,490.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$27,478.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$27,578.00 Build Options 326 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 60/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Administrative Sedans & Vans Item:59, Nissan, Leaf SV Plus 60kW, 17313 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$35,850.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$35,777.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$35,686.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$35,776.00 Build Options 327 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 61/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Pickup Trucks & Utility Vehicles Item:60, Chevrolet, Silverado EV 4wd Crew Cab, CT35843 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$73,958.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$73,758.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$73,858.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$73,958.00 Build Options 328 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 62/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Pickup Trucks & Utility Vehicles Item:61, Ford, Mustang Mach-E (BEV) Electric, K1R Select Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $45,529.00 $45,814.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $45,329.00 $45,814.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $45,429.00 $45,814.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $45,529.00 $45,814.00 Build Build Options Options 329 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 63/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Pickup Trucks & Utility Vehicles Item:62, Jeep, Grand Cherokee 4xE Hybrid, WLXP74 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$58,629.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$58,429.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$58,529.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$58,629.00 Build Options 330 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 64/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Pickup Trucks & Utility Vehicles Item:63, Nissan, Ariya Engage e-4orce AWD, 24213 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$47,932.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$47,832.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$47,732.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$47,672.00 Build Options 331 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 65/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric & Plug-In Hybrid Electric Vehicles: Pickup Trucks & Utility Vehicles Item:64, Nissan, Ariya Engage FWD, 24314 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$43,832.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$43,632.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$43,632.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$43,712.00 Build Options 332 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 66/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:71, Recon, Commando MX Police Patrol Power Bike, Commando Zone Rank Vendor Price Build File Options File Western Primary America Wild LLC $2,979.00 Build Options Northern Primary America Wild LLC $2,979.00 Build Options Central Primary America Wild LLC $2,979.00 Build Options Southern Primary America Wild LLC $2,979.00 Build Options 333 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 67/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:72, Recon, Interceptor Police Patrol Power Bike, Interceptor Zone Rank Vendor Price Build File Options File Western Primary America Wild LLC $4,075.00 Build Options Northern Primary America Wild LLC $4,075.00 Build Options Central Primary America Wild LLC $4,075.00 Build Options Southern Primary America Wild LLC $4,075.00 Build Options 334 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 68/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:73, Recon, RECON Hummer EV, Hummer EV Zone Rank Vendor Price Build File Options File Western Primary America Wild LLC $4,179.00 Build Options Northern Primary America Wild LLC $4,179.00 Build Options Central Primary America Wild LLC $4,179.00 Build Options Southern Primary America Wild LLC $4,179.00 Build Options 335 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 69/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:76, Specialized, Globe ST, Globe ST Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $2,800.00 Build Options Northern Primary Treaty Oak Outdoors LLC $2,800.00 Build Options Central Primary Treaty Oak Outdoors LLC $2,800.00 Build Options Southern Primary Treaty Oak Outdoors LLC $2,800.00 Build Options 336 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 70/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:77, Specialized, Levo Comp Alloy, Levo Comp Alloy Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $7,000.00 Build Options Northern Primary Treaty Oak Outdoors LLC $7,000.00 Build Options Central Primary Treaty Oak Outdoors LLC $7,000.00 Build Options Southern Primary Treaty Oak Outdoors LLC $7,000.00 Build Options 337 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 71/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:78, Specialized, Levo Comp Carbon, Levo Comp Carbon Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $9,000.00 Build Options Northern Primary Treaty Oak Outdoors LLC $9,000.00 Build Options Central Primary Treaty Oak Outdoors LLC $9,000.00 Build Options Southern Primary Treaty Oak Outdoors LLC $9,000.00 Build Options 338 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 72/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:79, Specialized, Tero 3.0, Tero 3.0 Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $3,250.00 Build Options Northern Primary Treaty Oak Outdoors LLC $3,250.00 Build Options Central Primary Treaty Oak Outdoors LLC $3,250.00 Build Options Southern Primary Treaty Oak Outdoors LLC $3,250.00 Build Options 339 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 73/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:80, Specialized, Turbo TeroX 4.0, Turbo TeroX 4.0 Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $4,500.00 Build Options Northern Primary Treaty Oak Outdoors LLC $4,500.00 Build Options Central Primary Treaty Oak Outdoors LLC $4,500.00 Build Options Southern Primary Treaty Oak Outdoors LLC $4,500.00 Build Options 340 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 74/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:81, Specialized, Vado IGH 3.0, Vado IGH 3.0 Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $3,750.00 Build Options Northern Primary Treaty Oak Outdoors LLC $3,750.00 Build Options Central Primary Treaty Oak Outdoors LLC $3,750.00 Build Options Southern Primary Treaty Oak Outdoors LLC $3,750.00 Build Options 341 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 75/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:82, Trek, Dual Sport - Commuter E-Bike, Dual Sport - Commuter E-Bike Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $2,394.00 Build Options Northern Primary Treaty Oak Outdoors LLC $2,394.00 Build Options Central Primary Treaty Oak Outdoors LLC $2,394.00 Build Options Southern Primary Treaty Oak Outdoors LLC $2,394.00 Build Options 342 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 76/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:83, Trek, Fetch - Cargo E-Bike, Fetch - Cargo E-Bike Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $5,994.00 Build Options Northern Primary Treaty Oak Outdoors LLC $5,994.00 Build Options Central Primary Treaty Oak Outdoors LLC $5,994.00 Build Options Southern Primary Treaty Oak Outdoors LLC $5,994.00 Build Options 343 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 77/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:84, Trek, Powery - Full Suspension O Road E-Bike, Powery - Full Suspension O Road E-Bike Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $3,644.00 Build Options Northern Primary Treaty Oak Outdoors LLC $3,644.00 Build Options Central Primary Treaty Oak Outdoors LLC $3,644.00 Build Options Southern Primary Treaty Oak Outdoors LLC $3,644.00 Build Options 344 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 78/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Electric Bikes & Transporters Item:85, Trek, Service - Patrol Front Suspension, Service - Patrol Front Suspension Zone Rank Vendor Price Build File Options File Western Primary Treaty Oak Outdoors LLC $4,794.00 Build Options Northern Primary Treaty Oak Outdoors LLC $4,794.00 Build Options Central Primary Treaty Oak Outdoors LLC $4,794.00 Build Options Southern Primary Treaty Oak Outdoors LLC $4,794.00 Build Options 345 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 79/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:90, Chevrolet, Silverado 1500 Crew Cab (Short Bed 147.4) 1WT, CC10543 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,056.00 $39,353.00 $40,276.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $38,996.00 $39,153.00 $40,276.00 Build Build Build Options Options Options Central Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $38,896.00 $39,253.00 $40,276.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,056.00 $39,353.00 $40,276.00 Build Build Build Options Options Options 346 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 80/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:91, Chevrolet, Silverado 1500 Crew Cab (Standard Bed 156.9) 1WT, CC10743 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,338.00 $39,634.00 $40,662.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,338.00 $39,434.00 $40,662.00 Build Build Build Options Options Options Central Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,237.00 $39,534.00 $40,662.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $39,437.00 $39,634.00 $40,662.00 Build Build Build Options Options Options 347 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 81/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:92, Chevrolet, Silverado 1500 Double Cab 1WT, CC10753 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $37,203.00 $38,907.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $37,003.00 $38,907.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $37,103.00 $38,908.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $37,203.00 $38,907.00 Build Build Options Options 348 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 82/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:93, Chevrolet, Silverado 1500 Regular Cab 1WT, CC10903 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,920.00 $36,211.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,720.00 $36,211.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,820.00 $35,997.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,920.00 $36,188.00 Build Build Options Options 349 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 83/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:96, Chevrolet, Silverado 2500HD Crew Cab (Long Bed 172) 1WT, CC20943 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$44,038.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$43,838.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$43,938.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$44,038.00 Build Options 350 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 84/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:98, Chevrolet, Silverado 2500HD Double Cab (Long Bed 162.4) 1WT, CC20953 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,276.00 $45,676.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,076.00 $45,676.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,176.00 $45,676.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $42,276.00 $45,676.00 Build Build Options Options 351 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 85/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:99, Chevrolet, Silverado 2500HD Regular Cab 1WT, CC20903 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,331.00 $42,888.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,131.00 $42,888.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,231.00 $42,438.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $41,331.00 $42,888.00 Build Build Options Options 352 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 86/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:100, Chevrolet, Silverado 3500HD Crew Cab 1WT DRW, CC30943 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,354.00 $48,900.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,154.00 $48,900.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,254.00 $48,900.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,354.00 $48,900.00 Build Build Options Options 353 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 87/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:101, Chevrolet, Silverado 3500HD Double Cab 1WT DRW, CC30953 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,491.00 $46,800.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,291.00 $46,800.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,391.00 $46,800.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,491.00 $46,800.00 Build Build Options Options 354 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 88/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:102, Chevrolet, Silverado 3500HD Regular 1WT DRW, CC30903 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,846.00 $46,400.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,646.00 $46,400.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,746.00 $46,400.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,846.00 $46,400.00 Build Build Options Options 355 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 89/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:103, ETR/Chevrolet, HD 2500 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$117,706.00 Build Options Northern Primary ETR, L.L.C.$117,011.00 Build Options Central Primary ETR, L.L.C.$117,011.00 Build Options Southern Primary ETR, L.L.C.$117,706.00 Build Options 356 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 90/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:104, ETR/Chevrolet, HD 3500 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$119,115.00 Build Options Northern Primary ETR, L.L.C.$118,420.00 Build Options Central Primary ETR, L.L.C.$118,420.00 Build Options Southern Primary ETR, L.L.C.$119,115.00 Build Options 357 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 91/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:105, ETR/Ford, F-250 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$117,660.00 Build Options Northern Primary ETR, L.L.C.$116,965.00 Build Options Central Primary ETR, L.L.C.$116,965.00 Build Options Southern Primary ETR, L.L.C.$117,660.00 Build Options 358 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 92/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:106, ETR/Ford, F-350 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$119,140.00 Build Options Northern Primary ETR, L.L.C.$118,445.00 Build Options Central Primary ETR, L.L.C.$118,445.00 Build Options Southern Primary ETR, L.L.C.$119,140.00 Build Options 359 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 93/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:107, ETR/Ram, 2500 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$117,704.00 Build Options Northern Primary ETR, L.L.C.$117,010.00 Build Options Central Primary ETR, L.L.C.$117,010.00 Build Options Southern Primary ETR, L.L.C.$117,704.00 Build Options 360 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 94/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:108, ETR/Ram, 3500 w/ Flex Special Response Module, SRM8-6RU-1CA; SRM8-7RU Zone Rank Vendor Price Build File Options File Western Primary ETR, L.L.C.$119,114.00 Build Options Northern Primary ETR, L.L.C.$118,419.00 Build Options Central Primary ETR, L.L.C.$118,419.00 Build Options Southern Primary ETR, L.L.C.$119,114.00 Build Options 361 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 95/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:109, Ford, F-150 Super Crew Hybrid, W1K Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC BOZARD FORD Garber Ford Inc $42,133.00 $42,644.00 $44,078.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC BOZARD FORD Garber Ford Inc $41,923.00 $42,644.00 $43,878.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC BOZARD FORD Garber Ford Inc $42,013.00 $42,644.00 $43,978.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC BOZARD FORD Garber Ford Inc $42,158.00 $42,644.00 $44,078.00 Build Build Build Options Options Options 362 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 96/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:110, Ford, F-150 XL Regular Cab, F1K Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $35,470.00 $35,837.00 $36,014.00 Build Build Build Options Options Options Northern Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $35,470.00 $35,637.00 $36,014.00 Build Build Build Options Options Options Central Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $35,470.00 $35,737.00 $36,014.00 Build Build Build Options Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $35,837.00 $36,014.00 Build Build Options Options 363 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 97/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:111, Ford, F-150 XL Super Cab, X1K Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $38,696.00 $39,043.00 $39,302.00 Build Build Build Options Options Options Northern Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $38,696.00 $38,843.00 $39,302.00 Build Build Build Options Options Options Central Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $38,696.00 $38,943.00 $39,302.00 Build Build Build Options Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $39,043.00 $39,302.00 Build Build Options Options 364 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 98/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:112, Ford, F-150 XL Super Crew Cab, W1K Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Duval Ford LLC Garber Ford Inc $39,837.00 $39,878.00 $40,172.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $39,668.00 $39,972.00 $40,459.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $39,758.00 $40,072.00 $40,459.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $39,903.00 $40,172.00 $40,459.00 Build Build Build Options Options Options 365 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 99/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:113, Ford, F-250 Super Duty XL Crew Cab, W2A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,257.00 $45,550.00 $45,837.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,047.00 $45,350.00 $45,837.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $45,137.00 $45,153.00 $45,450.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $44,851.00 $45,282.00 $45,550.00 Build Build Build Options Options Options 366 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 100/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:114, Ford, F-250 XL Super Duty Regular Cab SRW, F2A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $41,795.00 $42,103.00 $42,314.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $41,585.00 $41,903.00 $42,314.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $41,675.00 $41,706.00 $42,003.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $41,404.00 $41,820.00 $42,103.00 Build Build Build Options Options Options 367 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 101/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:115, Ford, F-250 XL Super Duty Super Cab, X2A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,919.00 $44,227.00 $44,485.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,709.00 $44,027.00 $44,485.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $43,799.00 $43,830.00 $44,127.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $43,528.00 $43,944.00 $44,227.00 Build Build Build Options Options Options 368 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 102/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:116, Ford, F-350 XL Super Duty Crew Cab DRW, W3C Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $56,832.00 $57,140.00 $57,569.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $56,622.00 $56,940.00 $57,569.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $56,712.00 $56,743.00 $57,040.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $56,441.00 $56,857.00 $57,140.00 Build Build Build Options Options Options 369 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 103/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:117, Ford, F-350 XL Super Duty Regular Cab DRW, F3C Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,101.00 $44,409.00 $44,672.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,891.00 $44,209.00 $44,672.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $43,981.00 $44,012.00 $44,309.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $43,710.00 $44,126.00 $44,409.00 Build Build Build Options Options Options 370 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 104/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:118, Ford, F-350 XL Super Duty Super Cab DRW, X3C Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $55,509.00 $55,817.00 $56,220.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $55,299.00 $55,617.00 $56,220.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $55,389.00 $55,418.00 $55,717.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $55,118.00 $55,534.00 $55,817.00 Build Build Build Options Options Options 371 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 105/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:119, Ford, Maverick 4x2, W8A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Duval Ford LLC Garber Ford Inc $23,330.00 $23,618.00 $23,695.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $23,408.00 $23,495.00 $23,892.00 Build Build Build Options Options Options Central Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $23,395.00 $23,498.00 $23,595.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $22,995.00 $23,643.00 $23,695.00 Build Build Build Options Options Options 372 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 106/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:120, Nissan, Frontier S V6 4x2 CC A/T, 32114 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$31,776.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$31,690.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$31,656.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$31,710.00 Build Options 373 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 107/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:121, Nissan, Frontier SV LWB 4x2 CC A/T, 33114 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$37,280.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$37,216.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$37,202.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$37,227.00 Build Options 374 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 108/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:122, Nissan, Frontier SV SWB 4x2 CC A/T, 32314 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$34,279.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$34,181.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$34,169.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$34,189.00 Build Options 375 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 109/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:123, Nissan, Titan S Crew Cab, 38314 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$43,469.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$43,359.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$43,330.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$43,332.00 Build Options 376 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 110/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:124, Ram, 1500 Big Horn Crew Cab 4x2 5.7 Bed, DT1H98 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $41,863.00 $42,187.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$41,987.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$42,087.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$42,187.00 Build Options 377 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 111/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:125, Ram, 1500 Big Horn Crew Cab 4x2 6.4 Bed, DT1H91 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $44,885.00 $45,196.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$44,996.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$45,096.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$45,196.00 Build Options 378 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 112/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:126, Ram, 1500 Big Horn Quad Cab 4x2 6.4 Bed, DT1H41 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $39,291.00 $39,626.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$39,426.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$39,526.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$39,626.00 Build Options 379 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 113/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:127, Ram, 1500 Tradesman Crew Cab, DT1L98 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$40,899.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$40,699.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$40,799.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$40,899.00 Build Options 380 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 114/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:128, Ram, 1500 Tradesman Quad Cab, DT1L41 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chrysler Dodge Truck, Inc. STEP ONE AUTOMOTIVE GROUP $38,316.00 $39,291.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$38,116.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$38,216.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$38,316.00 Build Options 381 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 115/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:129, Ram, 2500 Tradesman Crew Cab, DJ2L92 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $43,440.00 $43,766.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$43,566.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$43,666.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$43,766.00 Build Options 382 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 116/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:130, Ram, 2500 Tradesman Regular Cab, DJ2L62 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $41,465.00 $41,796.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$41,596.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$41,696.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$41,796.00 Build Options 383 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 117/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:131, Ram, 3500 Tradesman Crew Cab DRW, D23L92 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $47,311.00 $48,966.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$48,766.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$48,866.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$48,966.00 Build Options 384 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 118/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:132, Ram, 3500 Tradesman Regular Cab DRW, D23L62 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $43,724.00 $47,068.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$46,868.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$46,968.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$47,068.00 Build Options 385 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 119/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:135, Toyota, Tundra SR Double Cab, 8242 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $38,607.00 Build Options Northern Primary Seminole Toyota $38,607.00 Build Options Central Primary Seminole Toyota $38,607.00 Build Options Southern Primary Seminole Toyota $38,607.00 Build Options 386 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 120/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x2 Item:136, Toyota, Tundra SR5 CrewMax, 8261 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $45,280.00 Build Options Northern Primary Seminole Toyota $45,280.00 Build Options Central Primary Seminole Toyota $45,280.00 Build Options Southern Primary Seminole Toyota $45,280.00 Build Options 387 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 121/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:138, Chevrolet, Silverado 1500 Crew Cab (Short Bed 147.4) 1LT 4x4, CK10543 Zone Rank Vendor Price Build File Options File Western Primary Stingray Chevrolet $47,569.00 Build Options Northern Primary Stingray Chevrolet $47,569.00 Build Options Central Primary Stingray Chevrolet $47,569.00 Build Options Southern Primary Stingray Chevrolet $47,569.00 Build Options 388 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 122/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:139, Chevrolet, Silverado 1500 Crew Cab (Short Bed 147.4) 1WT 4x4, CK10543 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $41,659.00 $41,844.00 $42,978.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $41,644.00 $41,659.00 $42,978.00 Build Build Build Options Options Options Central Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $41,647.00 $41,744.00 $42,978.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $41,659.00 $41,844.00 $42,978.00 Build Build Build Options Options Options 389 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 123/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:140, Chevrolet, Silverado 1500 Crew Cab (Standard Bed 156.9) 1LT 4x4, CK10743 Zone Rank Vendor Price Build File Options File Western Primary Starke Motorcars, LLC $49,632.00 Build Options Northern Primary Starke Motorcars, LLC $49,632.00 Build Options Central Primary Starke Motorcars, LLC $49,632.00 Build Options Southern Primary Starke Motorcars, LLC $49,632.00 Build Options 390 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 124/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:141, Chevrolet, Silverado 1500 Crew Cab (Standard Bed 156.9) 1WT 4x4, CK10743 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $42,125.00 $42,128.00 $43,262.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $41,925.00 $42,028.00 $43,262.00 Build Build Build Options Options Options Central Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $41,927.00 $42,025.00 $43,262.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $41,927.00 $42,125.00 $43,262.00 Build Build Build Options Options Options 391 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 125/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:143, Chevrolet, Silverado 1500 Double Cab 1WT 4x4, CK10753 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,694.00 $39,696.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,494.00 $39,696.00 Build Build Options Options Central Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $39,497.00 $39,594.00 Build Build Options Options Southern Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $39,497.00 $39,694.00 Build Build Options Options 392 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 126/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:144, Chevrolet, Silverado 1500 Regular Cab 1WT 4x4, CK10903 Zone Rank Vendor Price Build File Options File Western Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $39,721.00 $39,819.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $39,619.00 $39,620.00 Build Build Options Options Central Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $39,620.00 $39,719.00 Build Build Options Options Southern Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $39,620.00 $39,819.00 Build Build Options Options 393 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 127/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:146, Chevrolet, Silverado 2500HD Crew Cab (Long Bed 172) 1WT 4x4, CK20943 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,119.00 $48,519.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $45,919.00 $48,419.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,019.00 $48,419.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $46,119.00 $48,719.00 Build Build Options Options 394 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 128/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:148, Chevrolet, Silverado 2500HD Crew Cab (Standard Bed 158.9) 1WT 4x4, CK20743 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$45,934.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$45,734.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$45,834.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$45,934.00 Build Options 395 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 129/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:150, Chevrolet, Silverado 2500HD Double Cab (Long Bed 162.4) 1WT 4x4, CK20953 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,256.00 $46,756.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,056.00 $46,556.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,156.00 $46,556.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,256.00 $46,756.00 Build Build Options Options 396 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 130/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:152, Chevrolet, Silverado 2500HD Double Cab (Standard Bed 149.4) 1WT 4x4, CK20753 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,071.00 $46,500.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,871.00 $46,500.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $43,971.00 $46,500.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,071.00 $46,500.00 Build Build Options Options 397 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 131/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:154, Chevrolet, Silverado 2500HD Regular Cab 1WT 4x4, CK20903 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,215.00 $45,800.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,015.00 $45,800.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,115.00 $45,800.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,215.00 $45,800.00 Build Build Options Options 398 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 132/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:156, Chevrolet, Silverado 3500HD Crew Cab 1WT DRW 4x4, CK30943 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,333.00 $50,800.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,133.00 $50,800.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,233.00 $50,800.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,333.00 $50,800.00 Build Build Options Options 399 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 133/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:158, Chevrolet, Silverado 3500HD Double Cab 1WT SRW 4x4, CK30953 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$45,363.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$45,163.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$45,263.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$45,363.00 Build Options 400 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 134/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:160, Chevrolet, Silverado 3500HD Regular Cab 1WT DRW 4x4, CK30903 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$45,826.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$45,626.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$45,726.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$45,826.00 Build Options 401 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 135/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:161, Ford, F-150 Super Crew Hybrid, W1L Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,680.00 $45,973.00 $46,178.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,470.00 $45,773.00 $46,178.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,560.00 $45,873.00 $46,178.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $45,705.00 $45,973.00 $46,178.00 Build Build Build Options Options Options 402 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 136/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:162, Ford, F-150 XL Crew Cab 4x4, W1L Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Duval Ford LLC Garber Ford Inc $43,392.00 $43,425.00 $43,718.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,215.00 $43,518.00 $43,964.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,305.00 $43,618.00 $43,964.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $43,450.00 $43,718.00 $43,964.00 Build Build Build Options Options Options 403 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 137/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:163, Ford, F-150 XL Regular Cab 4x4, F1L Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $40,068.00 $40,422.00 $40,715.00 Build Build Build Options Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $40,222.00 $40,715.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $40,322.00 $40,715.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $40,422.00 $40,715.00 Build Build Options Options 404 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 138/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:164, Ford, F-150 XL Super Cab 4x4, X1L Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Duval Ford LLC Garber Ford Inc $42,180.00 $42,225.00 $42,518.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $42,015.00 $42,318.00 $42,738.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $42,105.00 $42,418.00 $42,738.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $42,250.00 $42,518.00 $42,738.00 Build Build Build Options Options Options 405 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 139/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:165, Ford, F-150 XLT Crew Cab 4x4, W3L Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $47,756.00 $47,997.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $47,556.00 $47,997.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $47,656.00 $47,997.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $47,756.00 $47,997.00 Build Build Options Options 406 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 140/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:166, Ford, F-150 XLT Regular Cab 4x4, F1L Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $44,702.00 $44,971.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $44,502.00 $44,971.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $44,602.00 $44,971.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $44,702.00 $44,971.00 Build Build Options Options 407 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 141/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:167, Ford, F-150 XLT Super Cab 4x4, X3L Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $46,600.00 $46,818.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $46,400.00 $46,818.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $46,500.00 $46,818.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $46,600.00 $46,818.00 Build Build Options Options 408 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 142/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:168, Ford, F-250 XL Super Duty Crew Cab 4x4, W2B Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,787.00 $48,096.00 $48,345.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $47,577.00 $47,896.00 $48,345.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $47,667.00 $47,696.00 $47,996.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $47,396.00 $47,812.00 $48,096.00 Build Build Build Options Options Options 409 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 143/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:169, Ford, F-250 XL Super Duty Regular Cab 4x4, F2B Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,333.00 $44,641.00 $44,907.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $44,123.00 $44,441.00 $44,907.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $44,213.00 $44,242.00 $44,541.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $43,942.00 $44,358.00 $44,641.00 Build Build Build Options Options Options 410 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 144/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:170, Ford, F-250 XL Super Duty Super Cab 4x4, X2B Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $46,454.00 $46,763.00 $46,984.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $46,244.00 $46,563.00 $46,984.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $46,334.00 $46,364.00 $46,663.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,064.00 $46,479.00 $46,763.00 Build Build Build Options Options Options 411 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 145/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:171, Ford, F-350 XL Super Duty Crew Cab DRW 4x4, W3D Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $50,279.00 $50,587.00 $50,886.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $50,069.00 $50,387.00 $50,886.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $50,159.00 $50,188.00 $50,487.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $49,888.00 $50,304.00 $50,587.00 Build Build Build Options Options Options 412 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 146/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:172, Ford, F-350 XL Super Duty Regular Cab DRW 4x4, F3D Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $46,647.00 $46,955.00 $47,181.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $46,437.00 $46,755.00 $47,181.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $46,527.00 $46,556.00 $46,855.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $46,256.00 $46,672.00 $46,955.00 Build Build Build Options Options Options 413 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 147/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:173, Ford, F-350 XL Super Duty Super Cab DRW 4x4, X3D Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate BOZARD FORD Duval Ford LLC Garber Ford Inc $48,786.00 $48,942.00 $49,250.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC BOZARD FORD Garber Ford Inc $48,732.00 $48,786.00 $49,050.00 Build Build Build Options Options Options Central Primary Alternate Alternate BOZARD FORD Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami $48,786.00 $48,822.00 $48,851.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD Duval Ford LLC $48,551.00 $48,786.00 $48,967.00 Build Build Build Options Options Options 414 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 148/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:174, Ford, Maverick 4x4, W8B Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Duval Ford LLC Garber Ford Inc $25,308.00 $25,607.00 $25,669.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $25,397.00 $25,469.00 $25,818.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $25,487.00 $25,569.00 $25,569.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Duval Ford LLC Garber Ford Inc $25,269.00 $25,632.00 $25,669.00 Build Build Build Options Options Options 415 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 149/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:175, GMC, Sierra 2500HD Crew Cab (Standard Bed 158.9) 1SA 4x4, TK20743 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$45,514.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$45,314.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$45,414.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$45,514.00 Build Options 416 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 150/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:176, Jeep, Gladiator Sport 4x4, JTJL98 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $41,314.00 $50,000.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$50,000.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$50,000.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$50,000.00 Build Options 417 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 151/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:177, Nissan, Frontier S V6 4x4 CC A/T, 32014 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$34,693.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$34,593.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$34,625.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$34,611.00 Build Options 418 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 152/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:178, Nissan, Frontier SV LWB 4x4 CC A/T, 33214 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$40,385.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$40,305.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$40,305.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$40,347.00 Build Options 419 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 153/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:179, Nissan, Frontier SV SWB 4x4 CC A/T, 32214 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$37,365.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$37,269.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$37,265.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$37,352.00 Build Options 420 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 154/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:180, Nissan, Titan S King Cab 4x4, 37214 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$46,521.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$46,878.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$46,898.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$46,987.00 Build Options 421 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 155/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:181, Ram, 1500 Big Horn Crew Cab 4x4 5.7 Bed, DT6H98 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $45,437.00 $45,757.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$45,557.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$45,657.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$45,757.00 Build Options 422 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 156/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:182, Ram, 1500 Big Horn Crew Cab 4x4 6.4 Bed, DT6H91 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $48,462.00 $48,775.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$48,575.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$48,675.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$48,775.00 Build Options 423 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 157/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:183, Ram, 1500 Big Horn Quad Cab 4x4 6.4 Bed, DT6H41 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$43,146.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$42,946.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$43,046.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$43,146.00 Build Options 424 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 158/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:184, Ram, 2500 Tradesman Crew Cab 4x4, DJ7L92 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$46,434.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$46,234.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$46,334.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$46,434.00 Build Options 425 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 159/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:185, Ram, 2500 Tradesman Regular Cab 4x4, DJ7L62 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$44,464.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$44,264.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$44,364.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$44,464.00 Build Options 426 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 160/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:186, Ram, 3500 Tradesman Crew Cab DRW 4x4, D28L92 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$51,638.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$51,438.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$51,538.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$51,638.00 Build Options 427 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 161/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:187, Ram, 3500 Tradesman Regular Cab DRW 4x4, D28L62 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$49,642.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$49,442.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$49,542.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$49,642.00 Build Options 428 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 162/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:190, Toyota, Tundra SR Double Cab 4x4, 8342 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $41,416.00 Build Options Northern Primary Seminole Toyota $41,416.00 Build Options Central Primary Seminole Toyota $41,416.00 Build Options Southern Primary Seminole Toyota $41,416.00 Build Options 429 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 163/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pickup Trucks – 4x4 Item:191, Toyota, Tundra SR5 Crewmax 4x4, 8361 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $48,062.00 Build Options Northern Primary Seminole Toyota $48,062.00 Build Options Central Primary Seminole Toyota $48,062.00 Build Options Southern Primary Seminole Toyota $48,062.00 Build Options 430 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 164/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:192, Chevrolet, Silverado 4x4 PPV, CK10543/9C1 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $49,310.00 $51,365.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $49,110.00 $51,167.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $49,210.00 $51,160.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $49,310.00 $51,265.00 Build Build Options Options 431 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 165/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:193, Chevrolet, Tahoe 4x2 PPV 21, CC10706/9C1 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $47,443.00 $48,396.00 $53,028.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $47,243.00 $48,325.00 $53,028.00 Build Build Build Options Options Options Central Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $47,343.00 $47,923.00 $53,028.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $47,443.00 $48,202.00 $53,028.00 Build Build Build Options Options Options 432 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 166/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:194, Chevrolet, Tahoe 4x4 PPV 21, CK10706/9C1 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,196.00 $51,074.00 $56,065.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $49,996.00 $51,004.00 $56,065.00 Build Build Build Options Options Options Central Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,096.00 $50,994.00 $56,065.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,196.00 $50,994.00 $56,065.00 Build Build Build Options Options Options 433 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 167/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:195, Dodge, Durango Pursuit V6 AWD, WDEE75 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$40,283.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$40,263.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$40,273.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$40,283.00 Build Options 434 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 168/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:196, Dodge, Durango Pursuit V8 AWD, WDEE75 Zone Rank Vendor Price Build File Options File Western Primary Garber Chrysler Dodge Truck, Inc.$43,193.00 Build Options Northern Primary Garber Chrysler Dodge Truck, Inc.$42,993.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$43,093.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$43,193.00 Build Options 435 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 169/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:197, Ford, Interceptor Utility AWD 3.0L EcoBoost, K8A Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $48,173.00 $48,422.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $47,973.00 $48,422.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $48,073.00 $48,422.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $48,173.00 $48,422.00 Build Build Options Options 436 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 170/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:198, Ford, Interceptor Utility AWD 3.3L Gas, K8A Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $44,774.00 $45,044.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $44,574.00 $45,044.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $44,674.00 $45,044.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $44,774.00 $45,044.00 Build Build Options Options 437 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 171/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:199, Ford, Interceptor Utility AWD Hybrid 3.3L, K8A Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $47,319.00 $47,551.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $47,119.00 $47,551.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $47,219.00 $47,551.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $47,319.00 $47,551.00 Build Build Options Options 438 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 172/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated & Pursuit Hybrid Vehicles Item:200, Ford, Police Responder F-150 Crew Cab 4x4, W1P Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $48,339.00 $48,576.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $48,139.00 $48,576.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $48,239.00 $48,576.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $48,339.00 $48,576.00 Build Build Options Options 439 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 173/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated Motorcycles Item:201, Harley Davidson, Electra Glide, FLHTP Zone Rank Vendor Price Build File Options File Western Primary Alligator Alley Harley-Davidson $18,100.00 Build Options Northern Primary Alligator Alley Harley-Davidson $17,855.00 Build Options Central Primary Alligator Alley Harley-Davidson $17,855.00 Build Options Southern Primary Alligator Alley Harley-Davidson $18,100.00 Build Options 440 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 174/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated Motorcycles Item:202, Harley Davidson, Police Road Glide, FLTRXP Zone Rank Vendor Price Build File Options File Western Primary Alligator Alley Harley-Davidson $18,750.00 Build Options Northern Primary Alligator Alley Harley-Davidson $18,225.00 Build Options Central Primary Alligator Alley Harley-Davidson $18,225.00 Build Options Southern Primary Alligator Alley Harley-Davidson $18,750.00 Build Options 441 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 175/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Pursuit Rated Motorcycles Item:203, Harley Davidson, Road King, FLHP Zone Rank Vendor Price Build File Options File Western Primary Alligator Alley Harley-Davidson $17,240.00 Build Options Northern Primary Alligator Alley Harley-Davidson $17,085.00 Build Options Central Primary Alligator Alley Harley-Davidson $17,085.00 Build Options Southern Primary Alternate Alligator Alley Harley-Davidson Peterson`s Harley-Davidson of Miami LLC $17,240.00 $30,949.00 Build Build Options Options 442 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 176/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:204, Chevrolet, Silverado 1500 Special Service Vehicle 4x2, CC10543/5W4 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$42,501.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$42,301.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$42,401.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$42,501.00 Build Options 443 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 177/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:205, Chevrolet, Silverado 1500 Special Service Vehicle 4x4, CK10543/5W4 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,641.00 $46,440.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,441.00 $46,140.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,541.00 $45,940.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $44,641.00 $46,240.00 Build Build Options Options 444 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 178/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:206, Chevrolet, Tahoe 4x4 SSV 21, CK10706/5W4 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,856.00 $49,819.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,656.00 $49,819.00 Build Build Options Options Central Primary Alternate Stingray Chevrolet Garber Chevrolet Buick GMC, Inc. $47,899.00 $48,756.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $48,856.00 $49,819.00 Build Build Options Options 445 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 179/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:207, Ford, Expedition SSV 4x2, U1F/102A Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $47,540.00 $47,571.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $47,340.00 $47,571.00 Build Build Options Options Central Primary Alternate Alternate Garber Ford Inc BOZARD FORD Bachrodt FT, LLC dba Palmetto Ford of Miami $47,440.00 $47,571.00 $48,522.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Garber Ford Inc BOZARD FORD Bachrodt FT, LLC dba Palmetto Ford of Miami $47,540.00 $47,571.00 $48,216.00 Build Build Build Options Options Options 446 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 180/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:208, Ford, F-150 Special Service Vehicle 4x2, W1T Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $45,482.00 $45,605.00 $45,687.00 Build Build Build Options Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $45,405.00 $45,687.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $45,505.00 $45,687.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $45,605.00 $45,687.00 Build Build Options Options 447 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 181/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Special Service Vehicles Item:209, Ford, F-150 Special Service Vehicle Super Crew 4x2, W1S Zone Rank Vendor Price Build File Options File Western Primary Alternate BOZARD FORD Garber Ford Inc $42,408.00 $42,693.00 Build Build Options Options Northern Primary Alternate BOZARD FORD Garber Ford Inc $42,408.00 $42,493.00 Build Build Options Options Central Primary Alternate BOZARD FORD Garber Ford Inc $42,408.00 $42,593.00 Build Build Options Options Southern Primary Alternate BOZARD FORD Garber Ford Inc $42,408.00 $42,693.00 Build Build Options Options 448 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 182/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:210, Chevrolet, Blazer FWD, 1NK26 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $32,673.00 $33,772.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $32,473.00 $33,672.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $32,573.00 $33,372.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $32,673.00 $33,772.00 Build Build Options Options 449 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 183/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:211, Chevrolet, Equinox FWD, 1XP26 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $24,136.00 $25,551.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $23,936.00 $25,551.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $24,036.00 $24,815.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $24,136.00 $24,815.00 Build Build Options Options 450 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 184/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:212, Chevrolet, Suburban 4x2 1FL, CC10906 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $53,619.00 $56,000.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $53,419.00 $56,000.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $53,519.00 $56,000.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $53,619.00 $56,000.00 Build Build Options Options 451 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 185/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:213, Chevrolet, Tahoe 4x2 1FL, CC10706 Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,749.00 $51,744.00 $56,688.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,549.00 $51,640.00 $56,688.00 Build Build Build Options Options Options Central Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,649.00 $51,444.00 $56,688.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet Starke Motorcars, LLC $50,749.00 $51,544.00 $56,688.00 Build Build Build Options Options Options 452 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 186/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:214, Chevrolet, Trailblazer FWD, 1TR56 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $22,119.00 $23,314.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $21,919.00 $23,114.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $22,019.00 $22,900.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $22,119.00 $23,100.00 Build Build Options Options 453 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 187/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:215, Chevrolet, Traverse LS FWD, 1NB56 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$35,000.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$35,000.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$35,000.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$35,000.00 Build Options 454 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 188/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:216, Chevrolet, Trax FWD, 1TR58 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$20,323.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$20,123.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$20,223.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$20,323.00 Build Options 455 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 189/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:217, Ford, Expedition MAX XL 4x2, K1F/100A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $52,886.00 $53,229.00 $56,508.00 Build Build Build Options Options Northern Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $52,686.00 $53,229.00 $56,308.00 Build Build Build Options Options Central Primary Alternate Alternate Garber Ford Inc Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $52,786.00 $53,139.00 $53,229.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc BOZARD FORD $52,833.00 $52,886.00 $53,229.00 Build Build Build Options Options Options 456 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 190/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:218, Ford, Expedition XL 4X2, U1F/100A Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $49,209.00 $49,479.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $49,009.00 $49,479.00 Build Build Options Options Central Primary Alternate Alternate Garber Ford Inc Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $49,109.00 $49,416.00 $49,479.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc BOZARD FORD $49,110.00 $49,209.00 $49,479.00 Build Build Build Options Options Options 457 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 191/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:219, Ford, Explorer XLT RWD, K7D Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate STEP ONE AUTOMOTIVE Garber Ford Inc BOZARD FORD $35,949.00 $39,400.00 $39,668.00 Build Build Build Options Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $39,200.00 $39,668.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $39,300.00 $39,668.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $39,400.00 $39,668.00 Build Build Options Options 458 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 192/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:220, GMC, Terrain SLE FWD, TXL26 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$25,551.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$25,351.00 Build Options 459 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 193/219 Zone Rank Vendor Price Build File Options File Central Primary Garber Chevrolet Buick GMC, Inc.$25,451.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$25,551.00 Build Options 460 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 194/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:221, Jeep, Grand Cherokee Laredo 4x2 2 Row, WLTH74 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $38,486.00 $40,751.00 Build Build Options Options Northern Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $38,486.00 $40,551.00 Build Build Options Options Central Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $38,486.00 $40,651.00 Build Build Options Options Southern Primary Garber Chrysler Dodge Truck, Inc.$40,751.00 Build Options 461 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 195/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:222, Jeep, Wagoneer 4x2 Series I, WSTM75 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $59,872.00 $60,109.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$59,909.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$60,009.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$60,109.00 Build Options 462 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 196/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:223, Nissan, Armada SV 4X2, 26114 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$51,812.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$51,712.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$51,732.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$51,742.00 Build Options 463 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 197/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:228, Toyota, Rav4 LE,Utility & Hybrid, 4430 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $28,135.00 Build Options Northern Primary Seminole Toyota $28,135.00 Build Options Central Primary Seminole Toyota $28,135.00 Build Options Southern Primary Seminole Toyota $28,135.00 Build Options 464 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 198/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x2 Item:229, Toyota, Sequoia SR5 Hybrid, 7946 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $57,201.00 Build Options Northern Primary Seminole Toyota $57,201.00 Build Options Central Primary Seminole Toyota $57,201.00 Build Options Southern Primary Seminole Toyota $57,201.00 Build Options 465 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 199/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:230, Chevrolet, Blazer AWD, 1NR26 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,186.00 $35,886.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $34,986.00 $35,886.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,086.00 $35,686.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $35,186.00 $35,787.00 Build Build Options Options 466 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 200/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:231, Chevrolet, Suburban 4x4 1FL, CK10906 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$56,387.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$56,187.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$56,287.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$56,387.00 Build Options 467 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 201/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:232, Chevrolet, Tahoe 4x4 1FL 21, CK10706 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $53,518.00 $59,802.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $53,318.00 $59,802.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $53,418.00 $59,802.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Starke Motorcars, LLC $53,518.00 $59,802.00 Build Build Options Options 468 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 202/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:233, Chevrolet, Trailblazer AWD LS, 1TV56 Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $23,999.00 $24,592.00 Build Build Options Options Northern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $23,801.00 $24,492.00 Build Build Options Options Central Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $23,901.00 $24,492.00 Build Build Options Options Southern Primary Alternate Garber Chevrolet Buick GMC, Inc. Stingray Chevrolet $23,999.00 $24,592.00 Build Build Options Options 469 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 203/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:234, Chevrolet, Traverse LS AWD, 1NV56 Zone Rank Vendor Price Build File Options File Western Primary Garber Chevrolet Buick GMC, Inc.$37,000.00 Build Options Northern Primary Garber Chevrolet Buick GMC, Inc.$37,000.00 Build Options Central Primary Garber Chevrolet Buick GMC, Inc.$37,000.00 Build Options Southern Primary Garber Chevrolet Buick GMC, Inc.$37,000.00 Build Options 470 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 204/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:235, Ford, Bronco Sport, R9B Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Duval Ford LLC STEP ONE AUTOMOTIVE Garber Ford Inc $29,677.00 $29,727.00 $29,832.00 Build Build Build Options Options Options Northern Primary Alternate Alternate Duval Ford LLC Garber Ford Inc BOZARD FORD $29,467.00 $29,632.00 $30,122.00 Build Build Build Options Options Options Central Primary Alternate Alternate Duval Ford LLC Garber Ford Inc Bachrodt FT, LLC dba Palmetto Ford of Miami $29,557.00 $29,732.00 $30,091.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Duval Ford LLC Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc $29,702.00 $29,782.00 $29,832.00 Build Build Build Options Options Options 471 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 205/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:236, Ford, Expedition MAX XL 4X4, K1G/100A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $55,644.00 $56,308.00 $59,108.00 Build Build Build Options Options Northern Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $55,444.00 $56,308.00 $58,908.00 Build Build Build Options Options Central Primary Alternate Alternate Garber Ford Inc Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $55,544.00 $55,931.00 $56,308.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc BOZARD FORD $55,625.00 $55,644.00 $56,308.00 Build Build Build Options Options Options 472 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 206/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:237, Ford, Expedition XL 4x4, U1G/100A Zone Rank Vendor Price Build File Options File Western Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $51,967.00 $52,292.00 $56,388.00 Build Build Build Options Options Northern Primary Alternate Alternate Garber Ford Inc BOZARD FORD Mullinax Ford of Central Florida $51,767.00 $52,292.00 $56,188.00 Build Build Build Options Options Central Primary Alternate Alternate Garber Ford Inc Bachrodt FT, LLC dba Palmetto Ford of Miami BOZARD FORD $51,867.00 $52,208.00 $52,292.00 Build Build Build Options Options Options Southern Primary Alternate Alternate Bachrodt FT, LLC dba Palmetto Ford of Miami Garber Ford Inc BOZARD FORD $51,902.00 $51,967.00 $52,292.00 Build Build Build Options Options Options 473 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 207/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:238, Ford, Explorer XLT AWD, K8D Zone Rank Vendor Price Build File Options File Western Primary Alternate Garber Ford Inc BOZARD FORD $41,239.00 $41,431.00 Build Build Options Options Northern Primary Alternate Garber Ford Inc BOZARD FORD $41,039.00 $41,431.00 Build Build Options Options Central Primary Alternate Garber Ford Inc BOZARD FORD $41,139.00 $41,431.00 Build Build Options Options Southern Primary Alternate Garber Ford Inc BOZARD FORD $41,239.00 $41,431.00 Build Build Options Options 474 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 208/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:239, Jeep, Grand Cherokee Laredo 4x4 3 Row, WLJH74 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $40,154.00 $42,664.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$42,464.00 Build Options 475 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 209/219 Zone Rank Vendor Price Build File Options File Central Primary Garber Chrysler Dodge Truck, Inc.$42,564.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$42,664.00 Build Options 476 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 210/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:240, Jeep, Wagoneer 4x4 Series I, WSJM75 Zone Rank Vendor Price Build File Options File Western Primary Alternate STEP ONE AUTOMOTIVE GROUP Garber Chrysler Dodge Truck, Inc. $62,738.00 $62,977.00 Build Build Options Options Northern Primary Garber Chrysler Dodge Truck, Inc.$62,777.00 Build Options Central Primary Garber Chrysler Dodge Truck, Inc.$62,877.00 Build Options Southern Primary Garber Chrysler Dodge Truck, Inc.$62,977.00 Build Options 477 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 211/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:241, Jeep, Wrangler 2 Door 4x4 A/T, JLJL72 Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $35,808.00 Build Options Northern Central Southern 478 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 212/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:242, Jeep, Wrangler 4 Door 4x4 A/T, JLJL74 Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $38,310.00 Build Options Northern Central Southern 479 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 213/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:243, Jeep, Wrangler Sport 2 Door 4x4 A/T, JLJL72 (24S) Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $38,295.00 Build Options Northern Central Southern 480 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 214/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:244, Jeep, Wrangler Sport 4-Door 4xE Hybrid, JLXL74 Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $48,810.00 Build Options Northern Central Southern 481 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 215/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:245, Jeep, Wrangler Unlimited Sport 4 Door 4x4 A/T, JLJL74 (24S) Zone Rank Vendor Price Build File Options File Western Primary STEP ONE AUTOMOTIVE GROUP $41,998.00 Build Options Northern Central Southern 482 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 216/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:246, Nissan, Armada SV 4X4, 26214 Zone Rank Vendor Price Build File Options File Western Primary Terry Taylor’s DeLand Nissan, Inc.$54,712.00 Build Options Northern Primary Terry Taylor’s DeLand Nissan, Inc.$54,685.00 Build Options Central Primary Terry Taylor’s DeLand Nissan, Inc.$54,685.00 Build Options Southern Primary Terry Taylor’s DeLand Nissan, Inc.$54,695.00 Build Options 483 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 217/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:251, Toyota, Rav4 LE AWD, 4432 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $29,473.00 Build Options Northern Primary Seminole Toyota $29,473.00 Build Options Central Primary Seminole Toyota $29,743.00 Build Options Southern Primary Seminole Toyota $29,473.00 Build Options 484 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 218/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:252, Toyota, Rav4 LE Hybrid AWD, 4435 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $31,173.00 Build Options Northern Primary Seminole Toyota $31,173.00 Build Options Central Primary Seminole Toyota $31,173.00 Build Options Southern Primary Seminole Toyota $31,173.00 Build Options 485 9/21/23, 8:51 AM Intent to Award | VendorLink https://www.myvendorlink.com/internal/staff/awardintentzone 219/219 Intent to Award Contract: FSA23-VEL31.0, Pursuit, Administrative, and Other Vehicles Group:Utility & Hybrid Utility Vehicles – 4x4 and AWD Item:253, Toyota, Sequoia SR5 4x4 Hybrid, 7947 Zone Rank Vendor Price Build File Options File Western Primary Seminole Toyota $59,936.00 Build Options Northern Primary Seminole Toyota $59,936.00 Build Options Central Primary Seminole Toyota $59,936.00 Build Options Southern Primary Seminole Toyota $59,936.00 Build Options 486 A. B. C. D. E. F. G. H. I. J. K. FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles How to Order 487 488 A. B. C. D. E. F. G. H. I. J. K. FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Awarded Vendor Contract Signature Pages 489 Florida Sheriffs Association (FSA) has completed its 31st year of the cooperative purchasing pursuit and other vehicles contract. FSA is issuing the Notice of Final Award for contract FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles that will be effective from October 1, 2023, through September 30, 2024. This year’s bid included 216 items. The contract will offer pursuit rated vehicles, administrative sedans, electric vehicles, cargo and passenger vans, pickup trucks, motorcycles, and other light and mid- size vehicles. The following pages are the submitted contract signature pages from the awarded vendors. The contract signature page is submitted within the Bidder Qualification Packet for the bid. By submitting a response to this Invitation to Bid and signing this form, the bidder declares that he or she has read, and the company understands, accepts and will comply with the terms, conditions and specifications of this bid and any addenda issued. The failure or omission to review this document shall in no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid. The bidder further declares that no other persons other than the authorized agent herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons making proposal for the same article and is in all respects fair and without collusion or fraud. The bidder further declares that they have carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of materials required. The bidder further declares that they have provided a discount on all factory options included in this bid, and such discount will be included in all purchase orders. 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 A. B. C. D. E. F. G. H. I. J. K. FSA Cooperative Purchasing Program FSA23-VEL31.0: Pursuit, Administrative, & Other Vehicles Terms & Conditions 510 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 1 Table of Contents 1.0 GENERAL CONDITIONS .............................................................................................................. 5 1.01 BID CORRESPONDENCE ................................................................................................. 5 1.02 PURPOSE ....................................................................................................................... 5 1.03 TERM OF CONTRACT ..................................................................................................... 5 1.04 JURISDICTION ................................................................................................................ 5 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER ......................................................... 5 1.06 FUNDING ....................................................................................................................... 6 1.07 CURRENCY ..................................................................................................................... 6 1.08 GENERAL DEFINITIONS .................................................................................................. 6 1.09 ELIGIBLE PURCHASERS OF CONTRACT .......................................................................... 8 1.10 LEGAL REQUIREMENTS ................................................................................................. 8 1.11 PATENTS & ROYALTIES .................................................................................................. 9 1.12 FEDERAL AND STATE STANDARDS ................................................................................ 9 1.13 UNDERWRITERS’ LABORATORIES ................................................................................. 9 1.14 AMERICANS WITH DISABILITIES ACT ............................................................................ 9 1.15 REASONABLE ACCOMMODATION ................................................................................ 9 1.16 DISADVANTAGED BUSINESSES ...................................................................................... 9 1.17 ANTI-DISCRIMINATION ............................................................................................... 10 1.18 BEST COMMERCIAL PRACTICES .................................................................................. 10 1.19 PUBLIC ENTITY CRIMES (PEC) ...................................................................................... 10 1.20 TAX EXEMPTION .......................................................................................................... 10 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT ................................................ 11 1.22 COMMUNICATIONS .................................................................................................... 11 1.23 CLARIFICATION AND ADDENDA .................................................................................. 11 1.24 SIGNED BID CONSIDERED AN OFFER .......................................................................... 12 1.25 ASSIGNMENT OF CONTRACT ...................................................................................... 12 1.26 TERMINATION OF PRODUCT LINE............................................................................... 12 1.27 DEMONSTRATION OF COMPETENCY .......................................................................... 12 1.28 VENDOR ABILITY TO PERFORM ................................................................................... 13 511 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 2 1.29 FINANCIAL RESPONSIBILITY ........................................................................................ 13 1.30 QUALITY AND SAFETY ................................................................................................. 13 1.31 NONCONFORMANCE .................................................................................................. 14 1.32 GRATUITIES ................................................................................................................. 14 1.33 TIE BIDS ....................................................................................................................... 14 1.34 RIGHT TO AUDIT .......................................................................................................... 14 1.35 LICENSES AND PERMITS .............................................................................................. 15 1.36 PERFORMANCE BONDS ............................................................................................... 15 1.37 ELIMINATION FROM CONSIDERATION ....................................................................... 15 1.38 INDEPENDENT PREPARATION ..................................................................................... 15 1.39 DEFAULT ...................................................................................................................... 16 1.40 PROTESTS AND ARBITRATION ..................................................................................... 16 1.41 NONPERFORMANCE ................................................................................................... 17 1.42 SEVERABILITY .............................................................................................................. 18 1.43 TERMINATION FOR CAUSE .......................................................................................... 18 1.44 TERMINATION WITHOUT CAUSE ................................................................................ 18 1.45 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO ................................................ 19 2.0 BIDDER INSTRUCTIONS ........................................................................................................... 20 2.01 QUALIFICATION ........................................................................................................... 20 2.02 LICENSING AND FACILITIES ......................................................................................... 20 2.03 INSURANCE AND INDEMNIFICATION .......................................................................... 21 2.04 SPECIFICATIONS .......................................................................................................... 23 2.05 SEALED BIDS ................................................................................................................ 23 2.06 MISTAKES .................................................................................................................... 23 2.07 EXCEPTIONS ................................................................................................................ 23 2.08 EQUIVALENTS .............................................................................................................. 23 2.09 MANDATORY PRE-BID MEETING ................................................................................ 24 2.10 PRICES QUOTED – HEAVY TRUCKS AND BUSES AND EQUIPMENT INVITATIONS TO BID 24 2.11 PRICES QUOTED – PURSUIT, ADMINISTRATIVE AND OTHER VEHICLES INVITATION TO BID ............................................................................................................................... 24 512 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 3 2.12 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES CONTRACT COST-PLUS-PERCENT PRICING ....................................................................................................................... 25 2.13 OPTION PRICING – EQUIPMENT INVITATION TO BID ................................................. 26 2.14 OPTION PRICING – HEAVY TRUCKS AND BUSES AND PURSUIT, ADMINISTRATIVE AND OTHER VEHICLES INVITATIONS TO BID ....................................................................... 27 2.15 EMERGENCY LIGHTS AND SIRENS ............................................................................... 28 2.16 BID SUBMISSION ......................................................................................................... 29 2.17 ZONE BIDDING ............................................................................................................ 30 2.18 EXECUTION OF BID ...................................................................................................... 30 2.19 MODIFICATION OR WITHDRAWALS OF BIDS .............................................................. 30 2.20 LATE BIDS .................................................................................................................... 30 2.21 BID OPENING ............................................................................................................... 30 2.22 DETERMINATION OF RESPONSIVENESS ...................................................................... 31 2.23 RESPONSIBLE BIDDER CRITERIA .................................................................................. 31 2.24 BASIS FOR AWARD ...................................................................................................... 31 2.25 BID TABULATIONS ....................................................................................................... 32 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT ................................................................ 32 2.27 CONE OF SILENCE ........................................................................................................ 32 3.0 CONTRACT CONDITIONS ......................................................................................................... 33 3.01 GENERAL REQUIREMENTS .......................................................................................... 33 3.02 STATEMENT OF AUTHORITY ....................................................................................... 33 3.03 VENDOR CONTACT INFORMATION ............................................................................. 33 3.04 ADDITIONS OR DELETIONS.......................................................................................... 33 3.05 CONTRACT EXTENSION ............................................................................................... 33 3.06 PRICE ADJUSTMENT .................................................................................................... 34 3.07 CONDITIONS ................................................................................................................ 34 3.08 PRODUCTION CUTOFF ................................................................................................ 35 3.09 FACILITIES .................................................................................................................... 35 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES ............................................................. 35 3.11 SPECIAL SERVICE VEHICLES ......................................................................................... 35 3.12 CAB AND CHASSIS PURCHASES ................................................................................... 35 513 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 4 3.13 FACTORY-INSTALLED OPTIONS ................................................................................... 35 3.14 VENDOR-INSTALLED OPTIONS .................................................................................... 36 3.15 NON-SCHEDULED OPTIONS ........................................................................................ 36 3.16 FORCE MAJEURE ......................................................................................................... 36 3.17 PURCHASE ORDERS ..................................................................................................... 36 3.18 REGISTRATION, TAG, AND TITLE ................................................................................. 37 3.19 DELIVERY ..................................................................................................................... 37 3.20 INSPECTION AND ACCEPTANCE .................................................................................. 38 3.21 INVOICING AND PAYMENTS........................................................................................ 38 3.22 WARRANTY.................................................................................................................. 39 3.23 QUARTERLY REPORTS ................................................................................................. 39 3.24 ADMINISTRATIVE FEE .................................................................................................. 39 3.25 LIQUIDATED DAMAGES ............................................................................................... 40 Appendix A: Zone Map .............................................................................................................. 42 Appendix B. Bid Calendar .......................................................................................................... 43 Appendix C: ACH Payments ...................................................................................................... 45 Appendix D: Federal Clauses ..................................................................................................... 46 514 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 5 1.0 GENERAL CONDITIONS 1.01 BID CORRESPONDENCE All correspondence regarding this bid should be directed to the Florida Sheriffs Association, “FSA”. Please be sure to reference the bid number and title and provide your contact information. Communication for this Invitation to Bid should be identified by contract number and title and directed to: Florida Sheriffs Association Attn: Cooperative Purchasing Program Coordinator 2617 Mahan Drive Tallahassee, FL 32308 E-mail: CPP@flsheriffs.org 1.02 PURPOSE The Florida Sheriffs Association invites interested Bidders, including manufacturers and dealers or authorized representatives to submit responses in accordance with these solicitation documents. The FSA Cooperative Purchasing Program will conduct the solicitation process and administer the resulting contract. The purpose of this bid is to establish contracts with manufacturers and manufacturer’s authorized dealers for contract terms specified under Section 1.03 for the purchase of items on a “no trade-in basis.” 1.03 TERM OF CONTRACT The term for Contracts FSA23-VEL31.0 Pursuit, Administrative and Other Vehicles and FSA23-VEH21.0 Heavy Trucks and Buses shall remain in effect for one year from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA . The initial term of these contracts begins October 1, 2023, and ends September 30, 2024. The term for Contract FSA23-EQU21.0 Equipment shall remain in effect for two years from date of contract execution by the FSA, and may be extended by mutual agreement, at the sole option and discretion of the FSA. The initial term of this contract begins October 1, 2023, and ends September 30, 2025. Contract extensions will only be executed when the FSA determines, based on then-existing conditions, that it is in the best interest of the FSA and the purchasers to do so. 1.04 JURISDICTION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall lie in the appropriate court in and for Leon County, Florida. 1.05 SHERIFF AS COUNTY CONSTITUTIONAL OFFICER The Offices of the Sheriff in the State of Florida are constitutional offices of the State of Florida. Each has the authority either individually or collectively to execute contracts for all goods and services for the proper conduct of that office. Section 30.53, Florida Statutes, exempts the sheriffs’ offices from the provisions of the Florida Statute that would otherwise require sealed and competitive bidding procedures. 515 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 6 The Office of the Sheriff is not required by law to accept the lowest priced proposal and may reject any or all of the proposals without recourse. Bidders are solely responsible for their own bid preparation costs and nothing in this solicitation in any way obligates the participating sheriffs’ offices for any payment for any activity or costs incurred by any Bidder in responding to this solicitation. 1.06 FUNDING In the case of certain purchasers, including state agencies, funds expended for the purposes of the contract must be appropriated by the Florida Legislature, the individual participating agency or the agency’s appropriating authority for each fiscal year included within the contract period. For such agencies, their performances and obligations to pay for products or services under any resulting contract, or purchase order, are contingent upon such an annual appropriation by the Legislature, individual agency or by the appropriating authority. Therefore, any contract or purchase order with such an agency shall automatically terminate without penalty or termination costs in the event of non-appropriation. 1.07 CURRENCY All transaction amounts, bids, quotes, provisions, payments or any part of this contract relating to currency are to be made in United States Dollars. 1.08 GENERAL DEFINITIONS The terms used in this contract are defined as the following: A.Base Specification: Written descriptions of the minimum requirements for each item or item group developed by the FSA CPP for Bidders to bid on. These item requirements may be unique to FSA CPP and require additional components to the manufacturer’s standard item. B.Bid System: The online forum used for the submission of bids and review of bid results for the specifications connected to this Invitation to Bid. VendorLink is the software used for this bid. C.Bidder: A bidder or enterprise that submits a formal bid to the Florida Sheriffs Association Cooperative Purchasing Program in accordance with the Florida Sheriffs Association Cooperative Purchasing Program Terms and Conditions. A bidder, that is not the manufacturer, must be authorized by the manufacturer to market and sell an item for which they are bidding. D.Build sheet: A document from the Bidder that confirms that the item submitted by Bidders meets or exceeds the FSA CPP Base Specification. Build sheets include, but are not limited to, the factory options list and door data plate information for vehicles that include details such as engine size and transmission, paint codes, production date, axle code, etc. E.Dealer: An enterprise authorized by the manufacturer to market, sell, provide, and service the items for the Florida Sheriffs Association Cooperative Purchasing Program. Dealers may be Vendor-owned and controlled, in whole or in part, or independently owned and controlled. F.End User: A term used to distinguish the person who ultimately uses or is intended to use a product or for whom a product is designed for use. 516 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 7 G.Factory: Refers to the manufacturer produced products. H.Fleet Advisory Committee (committee): An employee of a sheriff’s office or other local governmental agency, or person who FSA CPP identifies as a subject matter expert who assists with the development of bid specifications and evaluation of bid responses. The committee makes recommendations to the FSA CPP and is not responsible for final awards. I.Florida Sheriffs Association Cooperative Purchasing Program (FSA CPP): The entity that administers the Invitation to Bid and contract administration functions for the resulting contract(s). J.Invitation to Bid: A competitive solicitation and award process established through the issuance of an invitation to Bidders, vendors, dealers and manufacturers to submit a price offer on a specific product to be provided. This term shall include the Bid Specifications available to Bidders on the Bid System and references to solicitation documents. The term shall not include requests for proposals, requests for quotes, requests for letters of interest, or the solicitation of purchase orders based on oral or written quotations. K.Manufacturer: The original producer or provider of items offered on this contract. L.Manufacturer’s Suggested Retail Price (MSRP): Manufacturer’s Suggested Retail Price (MSRP) represents the Manufacturer’s recommended retail selling price, list price, published list price, or other usual and customary price that would be paid by the purchaser. The following are acceptable sources of current MSRPs and MSRP Lists for use in submission of the bid solicitation and the resulting contract: a.Manufacturer’s Computer Printouts b.Chrome Systems, Inc.’s PC Carbook Plus and PC Carbook Fleet Edition c.Manufacturer’s Annual U.S. Price Book d.Manufacturer’s official website M.Non-Scheduled Option: Any optional new or unused component, feature or configuration that is not included or listed in the Base Specifications or options provided by the Vendor. N.Production Cutoff: A date used by manufacturers to notify vendors and dealers that the manufacturer has reached maximum capacity for orders or are discontinuing the production of an item. Vehicle manufacturers use this term when referring to any given model year for production. O.Published List Price: A standard “quantity of one” price currently available to government and educational purchasers, excluding cooperative or volume discounts. P.Purchase Order: A request for order from a purchaser to an awarded Vendor for an item that has been awarded on this contract. Purchase Orders placed using this contract formalize the terms and conditions of this contract under which a Vendor furnishes items to a purchaser. Q.Purchaser: A purchaser is an entity that seeks to obtain items awarded on this contract by meeting the eligible user criteria. R.Qualification Packet: This document contains the required forms, attestations, authorizations, and organizational information needed by Bidders to submit a successful and complete bid. 517 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 8 S. Terms & Conditions: This document, which serves as the governing Invitation to Bid and contract for the identified FSA CPP Invitation to Bid and resulting contract(s). Standard regulations, processes, procedures, and compliance requirements are identified herein. Bidders complete a qualification packet during the bid process indicating they agree to comply with the Terms & Conditions, and that this will serve as a contract for both parties, should the Bidder(s) receive award. T. Third Party Supplier: Businesses external to a Bidder or Vendor that provide products and services which contribute to the overall finished item in this contract. Third Party Suppliers are contractors under the direction and responsibility of the Bidder or Vendor. U. Vendor: The Bidder(s) that receive award, who agree to provide the contract items that meet the requirements and Base Specifications of the contract. The Vendor must agree to the Terms & Conditions, which will serve as the governing contract. If the Vendor is not the manufacturer, the Vendor must be authorized by the manufacturer to market, sell, provide, and service all awarded items. V. Vendor Installed: A product or service provided by the Vendor or other third party; not the factory. 1.09 ELIGIBLE PURCHASERS OF CONTRACT Awarded bid contract prices, will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida. This includes, but is not limited to counties, municipalities, sheriffs’ offices, clerks, property appraisers, tax collectors, supervisors of elections, school boards or districts, water management districts, other special districts, police and fire departments, emergency response units, state universities and colleges, or other state, local or regional government entities within the State of Florida. Eligible purchaser also includes all Eligible Users as defined in F.A.C. 60A-1.001(2). All purchasers are bound by applicable Federal and State law, local ordinances, rules and regulations for purchases made under this contract. Participating agencies cannot guarantee any order other than those ordered by the individual agency. In addition, awarded bids can be extended and guaranteed to other entities , which can include out-of-state sales, in accordance with Vendors’ individual manufacturers’ agreements. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturers’ agreements and must agree to the Terms & Conditions. 1.10 LEGAL REQUIREMENTS Federal, State, and local laws, ordinances, rules and regulations, including any applicable motor vehicle dealer laws, that in any manner affect the items covered herein apply. Lack of knowledge by the Bidder of applicable legal requirements will in no way be a cause for relief from responsibility. Bidders have the option to certify that they are willing to accept purchase orders funded in whole or in part with federal funds. By opting in, Bidders certify that they are willing to comply with the requirements outlined in Appendix D upon receipt of a federally funded purchase order. This is not a requirement of the Invitation to Bid or contract. Bidders are not required to opt-in; however, they are required to indicate whether they will opt -in or opt- out of receiving federally funded purchase orders. FSA CPP has taken actions to provide and develop information, materials, and resources for Bidders, Vendors and purchasers that will assist in the use of federal funding with this 518 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 9 contract. It is the responsibility of the purchaser to determine compliance for each Vendor, if they wish to use federal funds for purchase or intend to request reimbursement s using federal funds. 1.11 PATENTS & ROYALTIES The Bidder/Vendor, without exception, shall indemnify and hold harmless the Florida Sheriffs Association (FSA) and its employees from liability of any nature or kind, including costs and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the FSA or a purchaser. If the Bidder/Vendor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost s in any way arising, directly or indirectly, from the use of such design, device, or materials in any way involved in the work. 1.12 FEDERAL AND STATE STANDARDS It is the intent of FSA CPP that all specifications herein are in full and complete compliance with all Federal and State of Florida laws, requirements, and regulations applicable to the type and class of commodities and contractual services being provided. In addition, any applicable Federal or State legal or regulatory requirements that become effective during the term of the Terms & Conditions, regarding the items and services specifications, safety, and environmental requirements shall immediately become a part of the Terms & Conditions. The Vendor shall meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the Vendor shall contact the FSA CPP immediately. 1.13 UNDERWRITERS’ LABORATORIES Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be Underwriters’ Laboratories, or U.L., listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. 1.14 AMERICANS WITH DISABILITIES ACT To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, or any accommodation to review any document or participate in any FSA sponsored proceeding, please contact FSA Human Resources at (850) 877-2165 five business days in advance to initiate your request. TTY users may also call the Florida Relay Service at 711. 1.15 REASONABLE ACCOMMODATION In accordance with the Title II of the Americans with Disabilities Act, any person requiring an accommodation because of a disability at the bid opening must contact the FSA Human Resources at (850) 877-2165. 1.16 DISADVANTAGED BUSINESSES As part of the solicitation process FSA CPP makes information publicly available to potentially qualified entities, and conducts additional outreach to qualified: 519 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 10 • Small businesses, • Minority-owned small businesses, • Women-owned small business enterprises, and • Disadvantaged business enterprises. FSA CPP takes necessary affirmative steps to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used, when possible, as recommended by 2 C.F.R. § 200.321. FSA CPP will: • Evaluate whether small, minority, and women’s businesses are potential sources, • Place those qualified small and minority businesses and women’s business enterprises on solicitation lists, and • Search the Small Business Administration, Minority Business Development Agency, and Labor Surplus Area reports for additional potential sources. Bidders self-certify in the qualification packet whether they meet the state and federal definitions of a small business, minority-owned small business, women-owned small business enterprise, and disadvantaged business. 1.17 ANTI-DISCRIMINATION The Bidder certifies that they are in compliance as applicable by federal or state law with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. 1.18 BEST COMMERCIAL PRACTICES The apparent silence or omission of any description from the specifications shall be regarded as meaning that only the best commercial practices, size, and design are to be used. All workmanship is to be first quality. All interpretations of this specification shall be upon the basis of this statement. 1.19 PUBLIC ENTITY CRIMES (PEC) In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of Management Services following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a vendor, supplier, sub-vendor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.20 TAX EXEMPTION Purchasers making a purchase pursuant to the awarded bid are generally exempt from Federal Excise and State Sales Tax. It is the responsibility of the Vendor to verify that the purchaser is exempt by obtaining the purchaser’s Federal Excise and State Taxes and Use Certificate Number. The Florida Sheriffs Association is a 501(c)3 organization and is exempt from all Federal Excise and State Taxes. The FSA State Sales Tax and Use Certificate Number is 85-8012646919C-3. 520 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 11 1.21 ORDER OF PRECEDENCE IN THE EVENT OF CONFLICT In the event of conflict, the conflict may be resolved in the following order of priority (highest to lowest): • Addenda to Contract Terms & Conditions, if issued • Contract Conditions • General Conditions • Addenda to Bid Specifications, if issued • Bid Specifications • Bidder Instructions 1.22 COMMUNICATIONS Communications between a Bidder, lobbyist or consultant and FSA are limited to matters of process or procedure and shall be made in writing to the FSA CPP Staff. Bidders should not rely on representations, statements, or explanations other than those made in this Invitation to Bid or in any written addendum to this Invitation to Bid, and no oral representations, statements, or explanations shall be deemed to bind the FSA or eligible users. 1.23 CLARIFICATION AND ADDENDA Any questions or clarifications concerning the Invitation to Bid shall be submitted to FSA CPP by e-mail to CPP@flsheriffs.org with the bid title and number referenced on all correspondence. Final questions must be received by the date for Request for Clarification stated on the Bid Calendar . Questions and answers will be posted to the FSA CPP website on the date indicated on the Bid Calendar. Questions received during the cone of silence date listed on the bid calendar will not be addressed, except as provided herein. Interpretation of the specifications or any solicitation documents will not be made to the Bidder verbally, and if any verbal clarifications are provided, they are without legal effect. FSA CPP will make every attempt to e-mail updates to registered Bidders. However, posting to the FSA CPP website or the Bid System constitutes proper notice of addenda. The FSA CPP shall issue a Formal Addendum if substantial changes that impact the submission of bids are required. Any such addenda shall be binding on the Bidder and shall become a part of the solicitation document. In the event of conflict with the original specifications, addenda shall govern to the extent specified. Subsequent Formal Addenda shall govern over prior Formal Addenda only to the extent specified. The FSA will not be responsible for any explanation or interpretation made verbally or in writing except those made through the posting of a Formal Addendum. The bid submission constitutes acknowledgment of addenda to the Bid Specifications. Bids that fail to account for the specification addenda shall be determined to be nonresponsive; however, the FSA CPP may waive this requirement when in its best interest. After the start of the contract term, FSA CPP will notify all Vendors of any addenda and will require acknowledgement of the new terms and conditions. If the Vendor does not agree to the new terms and conditions, the Vendor’s award can be removed or replaced by another Vendor or qualified responsive bidder. 521 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 12 1.24 SIGNED BID CONSIDERED AN OFFER The signed bid shall be considered an offer on the part of the Bidder, which offer shall be deemed accepted upon approval by the FSA CPP. The bid submission must be signed by an authorized representative. Submission of a bid in the FSA CPP Bid System constitutes a signed bid for purposes of bid evaluation. An electronic signature may be used and shall have the same force and effect as a written signature. 1.25 ASSIGNMENT OF CONTRACT No right or interest in this contract may be assigned, transferred, conveyed, sublet or otherwise disposed of, without prior written consent of the FSA CPP. If the original Vendor sells or transfers all assets or the entire portion of the assets used to p erform this contract, a successor-in-interest must perform all obligations under this contract. FSA CPP reserves the right to reject the acquiring entity as Vendor. A change of name agreement will not change the contractual obligations of the Vendor. In the event a manufacturer reassigns the product line to an alternate company, the Vendor is required to notify the FSA CPP in writing of the change within 10 business days of the reassignment. If the Vendor is not already an approved FSA CPP Vendor, the alternate company is required to submit a Qualifications Packet to the FSA CPP to become an approved Vendor prior to conducting any qualified sales. FSA CPP may approve such assignments of existing or new vendors at its discretion. The Vendor is required to honor the contract pricing and all of the applicable Terms & Conditions throughout the remaining term of the contract. 1.26 TERMINATION OF PRODUCT LINE If a Vendor terminates a product line (manufacturer or brand), the Vendor is required to notify the FSA CPP within 10 business days of the decision not to retain the product line. FSA CPP may remove the terminated products from the contract. 1.27 DEMONSTRATION OF COMPETENCY Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment and organization to ensure they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms "equipment” and “organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the best business practices in the industry and as de termined by the FSA CPP. The FSA CPP may consider any evidence available and may require submission of supporting documentation regarding the financial, technical and other qualifications and abilities of a Bidder, including past performance with the FSA CPP in making the award. FSA CPP may inspect the Bidder's facility prior to the award of contract. Bids will only be considered from firms which are regularly engaged in the business of providing the goods or services described in this Invitation to Bid. Information submitted in the bid may not be plagiarized and, except in the case of materials quoted from this solicitation or developed by the manufacturer, must be the original work of the individual or company that submits the bid for evaluation. 522 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 13 1.28 VENDOR ABILITY TO PERFORM The FSA CPP may require Bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the FSA CPP may also require information from the source of supply regarding the quality, packaging and characteristics of the products. Any conflicts between this material information provided by the source of supply and the information contained in the bid submission may render the bid nonresponsive. During the contract period, FSA CPP may review the Vendor’s record of performance and may require submission of supporting documentation to ensure that the Vendor is providing sufficient financial support, equipment and organization. If the FSA CPP determines that the Vendor no longer possesses the financial support, equipment and organization in order to comply with this section, FSA has the authority to immediately terminate the contract. By responding to this Invitation to Bid, the Vendor warrants that, to the best of his or her 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 Vendor’s ability to satisfy the obligations of a resulting contract. The Vendor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statues, or on any similar list maintained by any other state or the federa l government. The Vendor shall immediately notify the FSA CPP and purchaser in writing if its ability to perform is compromised in any manner during the term of the contract. 1.29 FINANCIAL RESPONSIBILITY Bidder affirms by the submission of the bid and by signature on the contract signature form that the Bidder: • Has fully read and understands the scope, nature, and quality of work to be performed or the services to be rendered under this bid and has adequate facilities and personnel to fulfill such requirements . • Accepts the financial responsibility associated with this bid and declares that they have the access to capital (in the form of liquidity or credit lines) in order to meet the financial demands of such award . • Has assessed the financial responsibility required to serve the contract as bid, including such details as the obligations to perform all items bid, zones bid, and quantities that could be ordered, as well as timing of payment from purchasers, which can be 45 calendar days from receipt of invoice. 1.30 QUALITY AND SAFETY All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest -grade workmanship that meet or exceed federal safety standards. Items requiring certification should require certification of options in cases where non-certified options could result in the decertification of the original product or warranty. In all cases where options are not certified, the Vendor must disclose to the end user that the non -certified options are not required to be certified. All options must meet or exceed federal safety standards. 523 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 14 1.31 NONCONFORMANCE Items may be tested for conformance with specifications. Items delivered that do not conform to specifications may be rejected and returned at the Vendor's expense. Any violation of these stipulations may also result in: • Vendor's name being removed from the awarded vendor list. • FSA and purchasers being advised not to do business with Vendor. 1.32 GRATUITIES Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the FSA, for the purpose of influencing consideration of this bid . Bidders shall disclose in writing any conflicts of interest to FSA prior to any award, or as soon as practicable after learning of any such conflict, including any contractual or employment relationships with FSA or potential purchasers of Bidders’ products or services. 1.33 TIE BIDS FSA CPP has the right to award multiple Bidders the primary or alternate award in the event of a tie. In the event the FSA CPP desires to break tie bids, and businesses have qualifying drug-free work programs, the award will be made using the following criteria: • Bidder within the State of Florida • Vendors’ performance record with purchasers • Coin Toss 1.34 RIGHT TO AUDIT Vendor shall establish and maintain a reasonable accounting system that enables FSA CPP to readily identify Vendor’s sales. FSA CPP and its authorized representatives shall have the right to audit and to make copies of all related records pertaining to this contract, including all government sales and eligible user information, whether kept by or under the control of the Vendor, including, but not limited to those kept by its employees, agents, assigns, successors, sub-vendors, or third-party suppliers in whatever form they may be kept – written or electronic. Such records shall include, but not be limited to: • Accounting records, including but not limited to purchase orders, confirmation of orders or invoices, paid vouchers, cancelled checks, deposit slips, ledgers, and bank statements; • Written policies and procedures; • Subcontract files (including proposals of successful and unsuccessful Bidders, bid recaps, etc.); • Original estimates, quotes, or work sheets; • Contract amendments and change order files; • Insurance documents; or • Memoranda or correspondence. Vendor shall maintain such records during the term of this contract and for a period of three (3) years after the completion of this contract. At the Vendor’s expense and upon written notice from FSA CPP, the Vendor shall provide such records for inspection and audit by FSA CPP or its authorized representatives. Such records shall be made available to FSA CPP during normal business hours within three business days of receipt of the written notice. FSA CPP may select the Vendor’s place of business or offsite location for the audit. The FSA CPP may also request the Vendor provide requested records via e-mail. 524 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 15 Vendor shall ensure FSA has these rights with Vendor’s employees, agents, assigns, successors, and third-party suppliers, and the obligations of these rights shall be explicitly included in any subcontracts or agreements formed between the Vendor and any sub-vendors to the extent that those subcontracts or agreements relate to fulfillment of the Vendor’s obligations to FSA. Professional fees, personnel costs and travel costs incurred by FSA under its authority to audit and not addressed elsewhere will be the responsibility of the FSA. However, if the audit identifies underreporting, overpricing or overcharges (of any nature) by the Vendor to FSA or a purchaser in excess of three percent (3%) of the total contract billings, the Vendor shall reimburse FSA for the total costs of the audit not to exceed $5,000. If the audit discovers substantive findings related to fraud, misrepresentation, or non‐performance, FSA may recoup all the costs of the audit work from the Vendor. Any adjustments or payments that must be made as a result of any such audit or inspection of the Vendor’s invoices or records shall be made within a reasonable amount of time (not to exceed 60 calendar days) from presentation of FSA’s findings to Vendor. FSA has the right to assess damages or seek reimbursements or refunds based on audit results. 1.35 LICENSES AND PERMITS The Bidder shall obtain and pay for all licenses, permits and inspection fees for this bid submission and any resulting contract. Where Vendors are required to enter or go onto FSA or purchaser property to deliver materials or perform work or services as a result of a bid award, the Vendor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance. The Bidder must, by the time of award, be registered to do business in the State of Florida on SunBiz.gov. 1.36 PERFORMANCE BONDS Purchasers may request a performance bond from a Vendor. Performance bonds are recommended with pre- payment and will be at the expense of the requesting agency. Purchasers should determine the best practice in comparing performance bond expense against any prior discounts that may be available. 1.37 ELIMINATION FROM CONSIDERATION This Invitation to Bid shall not be awarded to any person or Bidder who has outstanding debts to the FSA, whether in relation to current or previous bid awards or for other business purposes. 1.38 INDEPENDENT PREPARATION A Bidder shall not, directly or indirectly, collude, consult, communicate or agree with any other Bidder as to any matter related to the bid each is submitting. Additionally, a Bidder shall not induce any other Bidder to modify, withdraw, submit, or not submit a bid. Bidders or Vendors who are found to have engaged in these acts will be considered nonresponsive and will be suspended or barred from bid participation. Any contract award resulting from these acts may be terminated for 525 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 16 default. Further, any such acts detected by the FSA may be reported to relevant law enforcement and/or prosecutorial agencies. Bidders may submit multiple bids without violating this provision if the bid submitted is not from the same manufacturer and product line. Dealers that share the same ownership may submit multiple bids without violating this provision if the Bidders are not in the same region featuring the same manufacturer and product line. 1.39 DEFAULT In case of default on the part of Vendor, the FSA CPP may take necessary steps to otherwise procure the products sought, including but not limited to procuring the products or services from the next highest ranked Bidder or from other sources. A defaulting Vendor may be held liable for costs incurred by the FSA in procuring replacement products. 1.40 PROTESTS AND ARBITRATION Any person who is adversely affected by the decision or intended decision to award shall file a “Notice of Protest” in writing to the FSA CPP within three (3) business days after the posting of the Intent to Award and shall file a formal written protest within five (5) business days after filing the Notice of Protest. Failure to file both a notice of protest and a formal written protest within the above referenced timelines shall constitute a waiver of proceedings. The burden is on the party protesting the award of the bid to establish grounds for invalidating the award(s). The formal written protest must state with particularity the facts and law upon which the protest is based. Options are for informational purposes only and will not serve as a basis for protest. Failure to do so will result in a denial of protest. Formal written protest which states with particularity the facts and law upon which the protest is based will be reviewed by FSA legal counsel for legal soundness and validity, and corrective action will be taken as needed contingent upon the validity of such claims. However, any additional time req uired and cost incurred by the FSA to substantiate a protesting party’s claim(s) beyond the normal scope of its le gal review due to the vague or inconclusive nature of the protesting party’s filing will be reimbursable to the FSA and deducted from the protesting party’s bond or security which must accompany their filing. Any Bidder who files an action protesting a decision or intended decision pertaining to this contract shall post a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the amount equal to ten percent of the item being protested. The bond, cashier’s check or money order must be filed at the time of filing the formal written protest or within the five (5) business day period allowed for filing the formal written protest. FSA CPP will provide the amount required within two (2) business days of the notice of protest received . This bond or security will be conditioned upon the payment of all costs which may be adjudged against the protesting party in a court of law and/or to reimburse the FSA for additional legal expenses incurred and required to substantiate the protesting party’s claim(s). Failure to post the bond or security requirement within t he time allowed for filing will result in a denial of protest. The filing of the protest shall not stay the implementation of the bid award by the Florida Sheriffs Association. Should the unsuccessful Bidder(s) decide to appeal the decision of the FSA, th ey shall file a notice to FSA CPP within three (3) business days of the FSA bid protest decision regarding their intent to request arbitration. A demand for arbitration with the American Arbitration Association’s (AAA) commercial panel under its rules and regulations must be made within ten (10) business days of the FSA bid protest decision. Any person who files for an arbitration with the AAA shall post with the Florida Sheriffs Association at the time of filing the formal written arbitration request, a bond, cashier’s check or money order payable to the Florida Sheriffs Association in the 526 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 17 amount equal to ten percent of the product line being protested. This amount will be the same amount as the FSA CPP provided at the time of filing the initial protest. Failure to provide written notice to FSA CPP, file a demand for arbitration with the AAA, or failure to post the required bond and security requirement within the specified timelines shall constitute a waiver of arbitration proceedings. By responding to this procurement, the Bidder expressly agrees to the use of mandatory binding arbitration to resolve any appeals of the decision of the FSA, and any claims arising from or in any way relating to the procurement process, and expressly waives any and all rights that it may otherwise have to pursue such claims in any other forum, judicial or otherwise. If the party filing for arbitration does not prevail, it shall pay all costs, legal expenses and attorney fees of the prevailing party incurred in connection with the arbitration. However, if the filing party prevails, the parties shall share equally the fees and expenses of the arbitration and AAA and each shall bear the cost of their own attorney fees. The filing for arbitration shall not stay the implementation of the bid award by the Florida Sheriffs Association. 1.41 NONPERFORMANCE By virtue of the bid submission, Bidder acknowledges its obligation to sell items in all zones for which it is awarded. Upon award, failure of the Vendor to comply with these requirements may result in the imposition of liquidated damages of up to $1,000 per item, which amount the Vendor agrees is reasonable, or probation, suspension, termination or a combination thereof from current and future bids at the FSA CPP’s discretion. The Vendor shall at all times during the contract term remain responsive and responsible. In determining Vendor’s responsibility, the FSA CPP shall consider all information or evidence that demonstrates the Vendor’s ability or willingness to fully satisfy the requirements of the Terms & Conditions. Vendors that are not in compliance with any of the provisions of this contract can be assessed liquidated damages, suspended or terminated from the contract. The FSA CPP at its sole discretion may remove a noncompliant Vendor from future competitive bid solicitations; or take other actions including suspension from the contract until compliance issues are resolved, limit current or future vendor participation by items or zones, or other actions as determined by FSA CPP at its sole discretion. At FSA CPP’s discretion, Vendors may be required to develop corrective action plans to address contract compliance. Failure to abide by corrective action plans will result termination from the existing contract and future competitive bid solicitations at the discretion of the FSA CPP. In situations where there is evidence that the Vendor has engaged in egregious breaches of the contract with respect to either the FSA CPP and/or the purchaser, the contract can be terminated and the Vendor will be removed from future solicitations for a period of up to three (3) years, or a permanent ban from the bid process at the sole discretion of FSA CPP. Specific conditions for termination include, but are not limited to; failure to perform, refusal to accept orders during the contract period while manufacturer orders are still being accepted for current model year or the new year if the vehicle is price protected by the factory, charging amounts exceeding MSRP on factory or Vendor installed items and packages, requiring the purchase of additional options over and above the base vehicle as a condition of acceptance of order, providing aftermarket options where factory options are available without the consent of the purchaser, any misrepresentation of optional equipment or service as being factory that fails to meet the definition as described in this document, and any other practice deemed to be inconsistent with the intent of the contract. 527 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 18 Any Vendor presented with a valid Purchase Order consistent with Vendor bid quotes or other agreed upon terms and pricing is required by this contract to accept such purchase order and deliver the product. Purchase Orders must be fulfilled whether or not the Purchase Order includes options. The Vendor must deliver this product in accordance with the Terms & Conditions – regardless of whether doing so will provide the Vendor with a profit or loss. Failure to deliver the item may result in the purchaser seeking damages for the difference of cost to issue a new Purchase Order with another Vendor plus any legal fees and damages that may be incurred in the process to facilitate a completed order. Additionally, FSA CPP may seek damages for nonpayment of administrative fees, to which FSA CPP is entitled, according to Section 3.28, and any attorney’s fees incurred in the recovery of these damages. 1.42 SEVERABILITY In the event any provision of this contract is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the contract, which shall remain in full force and effect and enforceable in accordance with its terms. 1.43 TERMINATION FOR CAUSE If through any cause within the reasonable control of the Vendor, it shall fail to fulfill in a timely manner, or otherwise violate any of the terms of this contract, the FSA CPP shall have the right to terminate the services remaining to be performed. Written notice of the deficiencies shall be given to the Vendor and unless the deficiencies are corrected within 10 business days, the contract may be terminated for cause immediately. The right to exercise the option to terminate for cause shall be in the so le discretion of the FSA CPP, and the failure to exercise such right shall not be deemed to constitute a waiver of this right. In the event of a termination for cause, the purchaser shall compensate the successful Bidder in accordance with the contract for all services performed by the successful Bidder prior to termination, net of any costs incurred by the purchaser and FSA as a consequence of the default. Notwithstanding the above, the Vendor shall not be relieved of liability to the FSA for damages sustained by the FSA by virtue of any breach of the contract by the Vendor, and the FSA CPP may reasonably withhold payments to the Vendor for the purposes of offset until such time as the exact amount of damages due the FSA from the Vendor is determined. 1.44 TERMINATION WITHOUT CAUSE The FSA CPP can terminate the contract in whole or part without cause by giving written notice to the Vendor of such termination, which shall become effective 30 calendar days following receipt by Vendor of such notice. In the event of a termination without cause, all finished or unfinished documents and other materials shall be properly delivered to the FSA CPP. The Vendor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the contract, if any. The Vendor shall not be entitled to recover any lost profits that the Vendor expected to earn on the balance of the contract or cancellation charges. 528 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 19 Any payments to the Vendor shall be only to the total extent of the purchaser liability for goods or services delivered prior to the date of notice to terminate the contract. 1.45 CONTRACT ADVERTISEMENT AND USE OF FSA LOGO The FSA logo is an official logo of the Florida Sheriffs Association designed to promote the program. The logo may be used by Vendors in accordance with this policy. Use of the logo is limited to the original version received from the FSA. Modifications are not permitted. Methods of use include, but are not limited to: • Electronic mediums such as websites, digital marketing campaigns, social media and e -mail; or • Print media such as forms, marketing campaigns, business cards, posters, banners, brochures, flyers and postcards. Vendors may request use of the logo by contacting cpp@flsheriffs.org, and should include a brief description of how the Vendor intends to use the logo. The official FSA sheriff's star and wreath logo may not be used without prior written permission. 529 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 20 2.0 BIDDER INSTRUCTIONS 2.01 QUALIFICATION Bidders are required to complete the qualification packet as part of the bid submission. A Bidder becomes a qualified bidder if they comply with this section and Section 2.11, Mandatory Pre-Bid Meeting. Qualification Packet information required for bid qualification include: • Qualification form o Contact Information o Business Profile o References o Disqualifications & Defaults o Warranty Service Plan Attestation o Emergency Technician Attestation • Compliance Attestations o E-Verify o Drug-Free Workplace o Workers Compensation o Compliance with Applicable Federal, State, and Local Laws and Ordinances • Federal Compliance • If willing to comply with the requirements applicable to federally funded purchase orders , Federal Compliance Certifications o Certification Regarding Debarment and Suspension o Certification Regarding Lobbying • Contract Signature Form • Insurance Checklist o Certificates of Insurance due five days prior to award The qualification packet is located on the Bid System. 2.02 LICENSING AND FACILITIES Bidders are required to obtain all required licenses, including any applicable motor vehicle dealer licenses, and registrations, and comply with all applicable Federal, State, and local laws and ordinances, including any applicable motor vehicle dealer laws, in order to bid on any motor vehicle. Bidders must maintain a repair facility within the State of Florida to provide warranty service for the items bid. If Bidders do not have a facility, the Bidder must be able to assist purchasers in obtaining warranty work as authorized by the manufacturer. If a Bidder does not maintain a facility within the State of Florida, the Bidder must have a plan as to how the Bidder would service Florida purchasers if awarded the contract. This warranty service plan must demonstrate that the warranty work will be timely and satisfactorily performed and should include: • Whether the warranty service provider is approved by the manufacturer; • If the Bidder plans to contract out for service, a copy of the service agreement; and • Zone specific service plans to include: o Response time to initial call from purchaser, 530 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 21 o Number of personnel available to service the contract, o Qualifications of personnel providing warranty work, and o Any additional information that would detail how warranty service would be provided. The sufficiency of the Warranty Service Plan may be evaluated by the FSA CPP. The FSA CPP reserves the right to request additional information from a Bidder regarding the facility during the solicitation and the term of the contract, if awarded. The FSA CPP may also exercise discretion in examining such facility as deemed necessary. 2.03 INSURANCE AND INDEMNIFICATION Bidder/Vendor shall be fully liable for the actions of its agents, employees, partners, or third party suppliers and shall fully indemnify, defend, and hold harmless the Florida Sheriffs Association, the participating agencies, and their officers, agents, and employees from suits, actions, damages, and costs of every name and description, including legal counsels’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Bidder/Vendor, its agents, employees, partners, or third party suppliers; provided, however, that the Bidder/Vendor shall not indemnify for that portion of any loss or damages resulting directly from the negligent acts or omissions of the Florida Sheriffs Association and participating agencies or proximately caused by intentional wrongful acts or omissions of the Florida Sheriffs Association and participating agencies. The Florida Sheriffs Association and/or participating agencies shall give the Bidder/Vendor (2) the opportunity to take over and settle or defend any such action at Bidder’s/Vendor’s sole expense. When reasonable, the Florida Sheriffs Association will give the Bidder/Vendor written notice of an action or threatened action. Bidder/Vendor shall not be liable for any unreasonable cost, expense or compromise incurred by the Florida Sheriffs Association, or participating agencies, in any legal action without Bidder’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. The Insurance Checklist summarizes the Bidder’s/Vendor’s insurance coverage obligations, if awarded. Certificates of Insurance, evidencing such coverages and endorsements as required herein, shall be provided no later than five (5) business days prior to the contract award date. The Vendor may not begin performance under the contract until such Certificates have been approved by the FSA CPP. The certificate must state Bid Number and Title. FSA must be named as an additional insured for the duration of the contract. The Vendor shall maintain comprehensive general liability insurance and general aggregate insurance in the amount and coverage levels specified on the Insurance Checklist. The Vendor shall specifically and distinctly assume, and does so assume, all risks of damage or injury to property or persons used or employed on or in connection with the work and of all damage or injury to any person or property wherever located, resulting from any action or operation under the contract or in connection with the work. It is understood and agreed that at all times the Vendor is acting as an independent contractor. The Vendor shall be responsible for the work and every part thereof, and for all materials, tools, appliances and property of every description, used in connection with this particular contract. The Vendor at all times during the full duration of work under this contract, including extra work in connection with this contract, shall meet the requirements of this section. The Vendor shall maintain automobile liability insurance including property damage covering all owned, non- owned, hired and scheduled automobiles, when used in connection with the delivery or service of this contract. 531 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 22 The Vendor shall maintain insurance to cover garage operations in the amount specified on the Insurance Checklist when the garage is used to complete work on this contract. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of B+ or better per the AM Best Rating. FSA CPP required insurance coverages must be maintained through the duration of the contract. Upon expiration of the required insurance, the Vendor must email updated certificates of insurance for as long a period as any work is still in progress. No change or cancellation in insurance shall be made without 30 calendar days written notice to the FSA CPP. It is understood and agreed that all policies of insurance provided by the Vendor are primary coverage to any insurance or self-insurance the FSA possesses that may apply to a loss resulting from the work performed in this contract. All policies issued to cover the insurance requirements herein shall provide full coverage from the firs t dollar of exposure. The liability insurance coverage shall extend to and include the following contractual indemnity and hold harmless agreement: The Vendor hereby agrees to indemnify and hold harmless the FSA, a 501(c)3, its officers, agents, and employees from all claims for bodily injuries to the public and for all damages to the property per the insurance requirement under the specifications including costs of investigation, all expenses of litigation, including reasonable legal counsel fees and the cost of appeals arising out of any such claims or suits because of any and all acts of omission or commission of any by the Vendor, his agents, servants, or employees, or through the mere existenc e of the project under contract. The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and suits arising out of the sole and exclusive negligence of the FSA, its officers, agents, and employees, as determined by a court of competent jurisdiction. The Vendor will notify the insurance agent without delay of the existence of the Hold Harmless Agreement contained within this contract and furnish a copy of the Hold Harmless Agreement to the insurance agent and carrier. The Vendor will obtain and maintain contractual liability insurance in adequate limits for the sole purpose of protecting the FSA under the Hold Harmless Agreement from any and all claims arising out of this contractual operation. The Vendor will secure and maintain policies of third-party suppliers. All policies shall be made available to the FSA upon demand. Compliance by the Vendor and all third-party suppliers with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the Vendor and all third-party suppliers of their liabilities and obligations under any section or provisions of this contract. Vendor shall be as fully responsible to the FSA for the acts and omissions of the third-party suppliers and of persons employed by them as they are for acts and omissions of persons directly employed by the Vendor. The FSA can request, and the Vendor shall furnish proof of insurance within seven (7) calendar days of receipt of the written request from FSA. Should the Vendor fail to provide acceptable evidence of current insurance during the contract term, the FSA CPP shall have the right to consider the contract breached and justifying the 532 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 23 termination thereof. If Bidder does not meet the insurance requirements; the FSA may consider alternate insurance coverage. 2.04 SPECIFICATIONS All items covered by this Invitation to Bid and any resulting contract, and the specifications shall be the manufacturer’s current basic production model, and shall, as a minimum, be equipped with all standard factory equipment in accordance with the manufacturer’s latest literature unless otherwise noted in the Bid System or FSA CPP item group specification. The Base Item Specifications are contained in the FSA CPP Bid System, may be requested from FSA CPP, and are retained within FSA CPP’s archive. As part of the bid submission, Bidders will be required to provide confirmation that the item bid meets the FSA CPP Base Specification. FSA CPP may reject bids that fail to provide confirmation that the item(s) bid meet the FSA CPP Bid Specifications. FSA CPP develops the specifications with subject matter experts and publicly available information. However, FSA CPP does not have access to full details from the manufacturer and relies on Bidders to assist in this process. Bidders should immediately notify the FSA CPP of any inaccuracies in the specifications. All notifications of inaccuracies must be in writing. If awarded a contract, Vendor(s) must offer and supply an item that either meets or exceeds all the requirements included in the applicable Bid Specifications, unless a purchaser specifically issues a Purchase Order for a base item and Option that differs from the Base Specifications. Failure of a Bidder to comply with these provisions will result in Bidders being held responsible for all costs required to bring the item into compliance with the contract specifications. 2.05 SEALED BIDS For purposes of this solicitation, a sealed bid is considered a bid submitted using the FSA CPP Bid System. 2.06 MISTAKES Bidders are expected to examine the Base Item specifications, delivery schedules, bid prices and all information pertaining to servicing this contract before submitting a bid. Failure to do so will be at the Bidder's risk. 2.07 EXCEPTIONS Any requested exceptions, deviations, or contingencies a Bidder may have to the Terms & Conditions must be documented in Bidder’s submission. Exceptions to the Base Specifications at the time of the bid submission shall reference the item number, make and model. FSA CPP has the discretion to grant or deny, in whole or in part, the Bidder’s requested exception, deviation or contingency to the specifications or Terms &Conditions. Bidder acknowledges that the bid may be disqualified if FSA CPP rejects the proposed exceptions. 2.08 EQUIVALENTS Prior to the opening of the Bid System, Bidders may request item equivalents. The Bidder must submit the manufacturer name and model number (or product identifier) of each equivalent requested to FSA CPP. Complete, 533 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 24 descriptive, technical literature should demonstrate that the equivalent conforms with specification. If a bid uses equivalents without prior approval, the bid may be disqualified. 2.09 MANDATORY PRE-BID MEETING Prospective Bidders are required to attend or participate in the mandatory Pre-Bid Meeting. The Pre-Bid Meeting is designed for vendors, the Fleet Advisory Committee and the FSA CPP to clarify questions on the Terms & Conditions and to confirm all Base Item specifications. Questions relating to the items, specifications, the bid process, or award can be asked at the Pre-Bid Meeting. Bidders have the opportunity to suggest technical modifications or corrections before the Base Item specifications are finalized. FSA CPP reserves the right to grant attendance exceptions to the mandatory meeting if the Bidder has requested authorization, agrees in writing to meet all the Terms & Conditions without exception and further waives their right to protest the bid process in its entirety or any portion thereof. 2.10 PRICES QUOTED – HEAVY TRUCKS AND BUSES AND EQUIPMENT INVITATIONS TO BID Items and options should reflect the most complete price and be below MSRP and at a minimum should cover the cost of the item or option bid. Prices quoted in the bid submission should reflect the final amount the Bidder can expect to receive for payment for the items bid for the duration of the contract, unless otherwise provided in the contract. Prices submitted as indicated in the sealed bid are final. Bidders acknowledge that prices quoted will be valid for a period of sixty (60) calendar days from the date of bid opening. Each item, make, and model must be priced and bid separately. Prices must be inclusive of all the components included in the Base Specification. Prices bid must include the administrative fee FSA CPP charges to administer the contract, as outlined in these Terms & Conditions. The administrative fee is three quarters of one percent (.0075). Prices bid must be at least cost, be Free On Board (FOB) destination, and must include delivery to the purchaser. Upon award, the Vendor has the authority to offer additional discounts based on prompt payment, quantity, as well as additional manufacturer or vendor discounts. 2.11 PRICES QUOTED – PURSUIT, ADMINISTRATIVE AND OTHER VEHICLES INVITATION TO BID Due to the changing market conditions, the FSA CPP has temporarily moved to a percent above cost, or “cost- plus”, model for the Pursuit, Administrative and Other Vehicles Contract. The cost-plus model allows for Vendors to sell items immediately when order windows open up for next year’s model, when the manufacturer changes price during the contract term, or when new items come to market. Bidders shall provide a Bid Price and a Percent for each item bid. The Bid Price will be used to evaluate the lowest, responsive and responsible Bidder for each item and zone. The Percent will be used under an awarded contract to determine the cost-plus pricing for new year’s models, when the manufacturer changes price during the contract 534 Page 25 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions term, or when new items come to market. The FSA CPP will use the percent feature of the Bid System as the field to capture the percent above cost that the Vendor can expect to receive from the purchaser for the purchase of an awarded item. The FSA CPP has the discretion to disqualify Bidders if the proposed Percent is excessive. In order to determine if Percent is excessive, FSA will compare the Percents proposed by Bidders for each item in each zone. Prices and Percents bid for items and options should reflect the most complete item price, be below MSRP, and at a minimum should at least cover the cost of the item or option bid. Prices and Percents bid must be at least "Item cost", be Free On Board (FOB) destination, and must include delivery to the purchaser. As used in this provision, “Item Cost” is defined as the factory invoice price for the item, the Original Equipment Manufacturer (OEM) destination and delivery to dealer, and the FSA Administrative fee, minus the OEM government pricing concessions specific to this bid, all manufacturer incentives, discounts, rebates, concessions and holdbacks. As used in this provision, “Total Cost” is defined as the Item Cost, plus costs of dealer’s floorplan estimated operational expense, and costs of dealer for preparation, cleaning, and assembling, gas, and delivery to zone. As used in this provision, “Bid Price” is defined as the Total Cost and profit. As used in this provision, “Percent” is defined as the markup over Item Cost. Bid Prices will be used as the initial publish pricing for awarded items. As windows open up for next year’s model, the manufacturer changes price during the contract term, or as new items come to market, FSA CPP will work with Vendors to update the published pricing for such items based on the awarded Percent, within a reasonable period of time. Vendors may accept Purchase Orders for such items in accordance with these Terms & Conditions before submitting updated published pricing to FSA CPP. 2.12 PURSUIT, ADMINISTRATIVE, AND OTHER VEHICLES CONTRACT COST-PLUS- PERCENT PRICING Due to the changing market conditions, the FSA CPP has temporarily moved to a percent above cost, or “cost- plus”, model for the Pursuit, Administrative and Other Vehicles Contract. The cost-plus model allows for Vendors to sell items immediately when order windows open up for next year’s model, when the manufacturer changes price during the contract term, or when new items come to market. The Bid System provides each Vendors’ percent above cost at which the Vendor will sell such items. The Percent provided in the Bid System does not provide a percent discount for items bid. If Vendor fulfills a Purchase Order at other than published pricing, at purchasers’ request, Vendor must provide documentation substantiating the Item Cost, as defined in section 2.11. 535 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 26 2.13 OPTION PRICING – EQUIPMENT INVITATION TO BID The Bidder shall offer discount below Manufacturer’s Standard Retail Pricing (MSRP) or manufacturers published list price for any factory options included in the bid submission and quotes to purchasers, if awarded. FSA CPP requests Vendors include most frequently purchased scheduled, factory and aftermarket options in the bid. Options are intended to add or delete equipment or features from the Base Specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base vehicle or equipment. Options may only provide a downgrade to a manufacturer’s model when specifically requested in a Purchase Order issued in accordance with the Terms & Conditions by a purchaser. Bidders shall NOT use options to create equipment that is entirely different than the FSA CPP Base Specification or are available as another specification bid on this Invitation to Bid. Bidder must use proper factory codes for all factory options. Options available through the factory may be bid and supplied to purchaser as “factory” options, unless otherwise requested in writing by the purchaser. The FSA CPP has the discretion to disqualify Bidders if the option pricing is excessive or if options listed are not available for the item bid. In order to determine if pricing is excessive, Bidders agree to provide documentation to FSA CPP to verify cost at any time during the solicitation process or during the contract term. This information is for comparison purposes only when determining if pricing is excessive and will not be published. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately within the bid. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet upload in the Bid System. Section 2.15 contains specific instructions and exceptions for Emergency Lights and Sirens. If a Bidder will offer registration and title services as a fee for service, the Bidder must include the administrative fee as a separate option (i.e., line item) for each item bid. See Section 3.21 for additional details. Government imposed fees should not be included in this option pricing. No other additional charges or fees are admissible. If options are not available as a stand-alone option, the Bidder must indicate in their bid submission any option requiring the purchase of other options, and also indicate options that are a part or dependent of another option. Factory package options are allowable under this contract. Factory package options must be included in the options within the bid document and detailed specifically as to what components the package includes. When calculating the price for a manufacturer’s option requested in this bid that is not listed as an option in the manufacturer’s order guide (i.e., model or engine upgrade), the Bidder must calculate the option price as the net difference between vendor cost on the representative base vehicle and the total MSRP of the requested option modifying the vehicle. A Bidder may bid less than this price, but at no time charge more than the calculation provided here. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the written Base Specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA CPP. Example: Bidder CANNOT include option upgrades that result in the selling of a vehicle or truck on one specification that is offered as a separate specification in 536 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 27 the Invitation to Bid. For example, a Vendor who is awarded the bid for 25,500 lb. GVWR Cab & Chassis cannot upgrade this item through an add option to a 30,000 lb. GVWR Cab & Chassis in order to circumvent the bid award winner for the 30,000 lb. GVWR Cab & Chassis. Purchasers are encouraged to negotiate option pricing with Vendors. Discounts can be provided beyond option prices listed in the contract. The additional discounts for each add option shall be decided by the Vendor. The options will correspond to the specification or item number. Multiple options may be listed for each specification or item number bid. Therefore, Bidders that do not indicate the correct item number with the option information bid will not have options displayed for the item bid. If option pri cing is not uploaded correctly, FSA CPP may require Bidders to correct the formatting of the options, but pricing may not be modified. Failure of the Bidder to make corrections may cause the bid to be rejected. If the Bidder wishes to offer credit to the purchaser for an option that is standard on the FSA CPP Base Specification, the Bidder should include the word “Credit” at the beginning of the description and continue to describe the option being credited. For example, “Credit: one key fob” that corresponds with the price the Bidder will credit the purchaser. Loose Equipment can be bid as an option and made available to purchasers for items originally purchased from this contract. For purposes of this provision, “Loose Equipment” is any item of equipment that attaches to the heavy equipment item(s) included in the awarded bid, such as different sized blades. Loose Equipment does not include accessories, such as additional keys. 2.14 OPTION PRICING – HEAVY TRUCKS AND BUSES AND PURSUIT, ADMINISTRATIVE AND OTHER VEHICLES INVITATIONS TO BID FSA CPP requests Bidders include most frequently purchased options in the Bid System. Option pricing must include the administrative fee. Bidders must provide a price for each option in addition to a percent below MSRP for factory-installed options or a percent above cost for other options. The FSA CPP has the discretion to disqualify Bidders if the option pricing is excessive. In order to determine if pricing is excessive, Bidders agree to provide documentatio n to FSA CPP to verify cost at any time during the solicitation process or during the contract term. This information is for comparison purposes and will not be published. Options are intended to add or delete equipment or features from the Base Specification. Options can provide an upgrade or downgrade to a manufacturer’s model, such as a slightly different engine size or horsepower, and should not be made available for purchase separate from the base vehicle or equipment. Options may only provide a downgrade to a manufacturer’s model when specifically requested in a Purchase Order issued in accordance with the Terms & Conditions by a purchaser. Bidders shall NOT use options to create an item that is available as another item bid on this Invitation to Bid. The use of options to facilitate the sale of an alternate manufacturer’s product which is outside the scope of the Base Specification will be determined nonresponsive and the bid will be rejected in whole or part by the FSA CPP. Bidders must disclose which options require the purchase of other options or are dependent on another option in their bid submission. Option pricing will include all costs of labor associated with the option and cost of labor should not be listed separately. Bidder must use proper manufacturer codes for factory options. Options available through the factory should be bid and supplied to purchaser as factory options, unless otherwise requested in writing by the purchaser. Factory 537 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 28 package options are permitted under this contract. Factory package options included in the bid submission must detail what components the package includes. If a Bidder will offer registration and title services as a fee for service, government-imposed fees should be listed at the exact cost and shall not include the FSA administrative fee. If the Bidder wishes to offer credit to the purchaser for an option that is standard on the FSA CPP Base Specification, the Bidder should include the word “Credit” at the beginning of the description field and continue to describe the option being credited. For example, “Credit: one key fob” and enter the price the Bidder will credit the purchaser. For purposes of this bid, Emergency Lights and Sirens will require a separate pricing sheet and option upload in the Bid System. Section 2.15 contains specific instructions and exceptions for Emergency Lights and Sirens. 2.15 EMERGENCY LIGHTS AND SIRENS Under Florida Statute 316.003(1), authorized emergency vehicles are defined as: Vehicles of the fire department (fire patrol), police vehicles, and such ambulances and emergency vehicles of municipal departments, public service corporations operated by private corporations, the Fish and Wildlife Conservation Commission, the Department of Environmental Protection, the Department of Health, the Department of Transportation, and the Department of Corrections as are designated or authorized by their respective departments or the chief of police of an incorporated city or any sheriff of any of the various counties. Bidders that will provide or contract to provide emergency light and siren installation must only use installers that possess a current Emergency Vehicle Technician Certification, or an approved equivalent. FSA CPP may request certificates for a Vendor’s installers at any time during the contract term. Labor may be charged for the installation of emergency lights and sirens. Labor rates must be disclosed as part of the bid submission. Bidders may not charge for labor for vehicles that are manufactured with emergency lights and sirens, including motorcycles. Prices submitted for emergency lights and sirens shall include all applicable government-imposed fees. Bidders that install emergency lights and sirens are required to provide and install products that are Society of Automotive Engineers (SAE) certified. SAE Certifications must include Class 1, Class 2 and Class 3 in order to be eligible for participation in the contract. If a lighting or siren product installed on an emergency vehicle is not SAE Certified, the Vendor can be found in default of the contract. Bid Submission of Emergency Lights and Sirens If offering emergency lights and sirens, Bidders will be asked to provide pricing by submitting a pricing sheet. An emergency vehicle lights and siren option pricing template is offered in the Bid System. Bidders are encouraged, but not required to use the template. If item or specification group is helpful to display light and siren options, Bidders may categorize the pricing sheet by item group. Items listed below are required for the submission of the pricing sheet: •Order code •Description •Price (part only) 538 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 29 •Estimated labor hours •Labor cost per hour 2.16 BID SUBMISSION Bidders must submit a bid electronically using the Bid System. Bid submissions include a price for each item and option bid in accordance with Section 2.10, 2.11, 2.13, 2.14, and 2.15. Each Bidder must submit a qualifications package for each bid. The bid must be received by the date and time specified on the Bid Calendar in Appendix B. Failure to meet all submission requirements by the date indicated on the Bid Calendar will result in rejection of the bid. Bid System: VendorLink The Bid System is located at https://www.myvendorlink.com. Bidders are encouraged to participate in training provided. Usernames and passwords will be issued to Bidders after registering in the Bid System. Contact VendorLink at support@evendorlink.com if technical issues arise during bid submission. Prices are to be rounded to the nearest whole dollar. If a Bidder submits bid pricing using cents, the following formula will be applied to round the bid pricing to the nearest whole dollar: $.01-.49 will be rounded down to the dollar bid (e.g., $50.49 = $50) and $.50-.99 will be rounded to the next dollar (e.g., $50.50 =$51). Bid Submission To ensure correct bid submittal and formatting, Bidders shall: •For the Heavy Trucks and Buses Invitation to Bid, insert a: o Price for each item bid by zone •For the Pursuit, Administrative and Other Vehicles Invitation to Bid , insert a: o Bid Price for each item bid by zone, as defined in Section 2.11 o Percent for each item bid by zone, as defined in Section 2.11 •For the Equipment Invitation to Bid, insert a: o Price for each item by zone •Upload files as instructed in the Bid System; files requested will be in Excel or .pdf. •Follow all instructions outlined in this Invitation to Bid and provide all requested information. The bid shall include the following documents: •Executed Qualifications Packet. •Build sheet for each item bid as a single .pdf •Pricing Sheet for Emergency Vehicle Lights and Sirens, if applicable. •Any requested exceptions or equivalents. Option Upload An option sheet should be submitted for each item bid. The Bid System will accept option information for each item through a .pdf file upload. Each option sheet should include a header to identify the FSA CPP contract title and number, the Bidder name, item number, make and model. Each option sheet should include: •Option •Description •Manufacturer order code or identifying code •Price For the Heavy Trucks and Buses and Pursuit, Administrative, and Other Vehicles Invitations to Bid, the option sheet should also include: 539 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 30 •Cost plus percent for all items not installed at the factory •Percent below MSRP for factory installed options FSA CPP may ask awarded Bidders to supply one hard copy set with digital signatures and original compliance forms, prior to the contract execution. Hard copy bids should not be submitted unless specifically requested by FSA CPP. FSA is not responsible for Bidder’s improper use of the Bid System. Exceptions will be granted to this section should any Bid System malfunctions occur. 2.17 ZONE BIDDING Bidders may bid in one or more geographic zones. Bidders must submit pricing for each zone they wish to be evaluated. The zone map is included in Appendix A. The geographic zones are in place to assist Bidders in estimating costs of delivery, which must be included in the price bid and quoted to the purchaser. For the Pursuit, Administrative and Other Vehicles Contract, the cost of delivery must be included in the Percent. 2.18 EXECUTION OF BID By submitting a response to this Invitation to Bid, the Bidder agrees to the Terms & Conditions and to be bound by such Terms & Conditions if selected for award. The Bidder must submit the Contract Signature Form with the signature of an authorized representative no later than the bid submittal due date. All Terms & Conditions are applicable throughout the term of the awarded contract and are not specific to any given year, make or model. 2.19 MODIFICATION OR WITHDRAWALS OF BIDS A Bidder may submit a modified bid to replace all or any portion of a previously submitted bid until the due date and time of the bid submission listed in the Bid Calendar. Modifications received after the bid due date and time will not be considered. Bids can be withdrawn in writing prior to the contract award. If a Bidder must withdraw the bid, the Bidder must contact FSA CPP immediately. Bid withdrawals are handled on a case-by-case basis and can result in a limitation of participation in future bids. 2.20 LATE BIDS The responsibility for submitting a bid before the due date and time on the bid calendar is solely and strictly the responsibility of the Bidder. The FSA is not responsible for delays caused by technical problems, any internet outages or delays incurred by electronic delivery, or any other occurrence. Any reference to time will be based on Eastern Time. 2.21 BID OPENING Bids shall be opened on the date and time specified on the Bid Calendar. The bid opening may occur at the Florida Sheriffs Association, 2617 Mahan Drive, Tallahassee, Florida, or may be offered online. FSA CPP will provide a bid inspection period for Bidders following the bid opening. The date, time and duration will be announced prior to the bid opening. 540 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 31 2.22 DETERMINATION OF RESPONSIVENESS Determination of responsiveness will take place at the time of bid opening and evaluation. In order to be deemed a responsive bidder, the bid must conform in all material respects to the requirements stated in the Invitation to Bid. As set forth in Section 2.26, FSA CPP reserves the right to waive or allow a Bidder to correct minor irregularities. 2.23 RESPONSIBLE BIDDER CRITERIA Bids will be evaluated to determine if qualifications and contract requirements are met. Responses that do not meet all requirements of this Invitation to Bid or fail to provide all required information, documents or materials may be rejected as nonresponsive. The FSA CPP will not request documentation or consider a Bidder’s social, political or ideological interests in determining if the Bidder is a responsible bidder. FSA CPP will not give preference to a Bidder based on the Bidder’s social, political, or ideological interests. Bidders whose responses, past performance, or current status do not reflect the capability, integrity, or reliability to fully and in good faith perform the requirements of the contract may be rejected as non-responsible. In determining a responsible Bidder, the following factors may be considered: •Adequacy of facilities, staffing, and financial resources; •Previous experience with FSA contract or other similar government contracts; •Ability to provide excellent customer service, including on previous FSA contracts; and •Any other information relevant to the responsibility of a Bidder of which FSA CPP is aware. In addition to the requirements set forth by these Terms & Conditions, FSA CPP reserves the right to request staffing, performance and financial information from any Bidder during the evaluation process. FSA CPP reserves the right to determine which responses meet the requirements, specifications, Terms & Conditions of the solicitation, and which Bidders are responsive and responsible. FSA CPP further reserves the right to limit participation of Bidders who, in FSA CPP’s sole discretion, are determined to present responsibility concerns that call into question the Bidder’s ability to perform but that do not rise to the level of requiring rejection of the Bidder as non-responsible. 2.24 BASIS FOR AWARD For the Heavy Trucks and Buses, and Equipment Invitations to Bid, the FSA CPP shall make awards to the qualified, responsive and responsible Bidder(s) who submitted the lowest priced bid by item, manufacturer, and zone. Awards may also be made to subsequent lowest responsive and responsible Bidders by item, manufacturer, and zone, when determined to be in the best interest of the FSA and the purchaser(s). FSA CPP has the discretion to consider option pricing in making the award and to disqualify Bidders for proposing excessive option pricing. For the Pursuit, Administrative and Other Vehicles Invitation to Bid, the FSA CPP shall make award to the qualified, responsive and responsible Bidder(s) who submitted the lowest Bid Price by item, manufacturer, and zone. Awards may also be made to subsequent lowest responsive and responsible Bidders by item, manufacturer, and zone, when determined to be in the best interest of the FSA and the purchaser(s). FSA CPP has the discretion to consider Percent and option pricing in making the award and to disqualify bidders for proposing excessive Percent(s) or option pricing. 541 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 32 Awards will not be given to any parties listed on the government wide exclusion in the System for Award Management. FSA CPP reserves the right to accept or reject any and all bids, and to waive any minor irregularity, technicality or omission if it determines that doing so will serve the purchaser’s best interest. FSA CPP reserves the right to make multiple awards for each item, if determined to be in the best interest of the FSA and the purchasers. Awards will be posted on the FSA CPP website according to the date posted in the bid calendar. 2.25 BID TABULATIONS The Bid Tabulation report will be posted on the FSA CPP website after the bid submission closes. If there is a delay in posting the bid tabulation results, FSA CPP will post a notice of the delay and a revised date for posting of results. 2.26 MINOR IRREGULARITIES/RIGHT TO REJECT The FSA CPP has the right to accept or reject any and all bids, or separate portions thereof, and to waive any minor irregularity, technicality or omission if the FSA CPP determines that doing so will serve its best interest or the best interest of the purchasers. A minor irregularity is a variation from the Terms & Conditions of this procurement that does not affect the price of the bid or give the Bidder a substantial advantage over other Bidders and thereby restrict or stifle competition and does not adversely impact the interests of the FSA or the purchasers. At its option, the FSA CPP may allow a Bidder to correct minor irregularities but is under no obligation to do so. In doing so, the FSA CPP may request a Bidder to provide clarifying information or additional materials to correct the irregularity. However, the FSA CPP will not request, and a Bidder may not provide the FSA CPP with additional materials that affect the price of the bid or give the Bidder an advantage or benefit not enjoyed by other Bidders. The FSA CPP may also reject any bids not submitted in the manner specified in this document. 2.27 CONE OF SILENCE This Invitation to Bid is subject to the Cone of Silence that begins the date the bid submission opens through the intent to award date as indicated in the Bid Calendar. During this period, all communications regarding this solicitation between FSA and Bidder will cease, except for procedural questions, questions regarding problems incurred in the use of the Bid System, or communications initiated by the FSA CPP. All permitted communications during this period shall be made in writing to the contacts identified in Section 1.01 of this Invitation to Bid. 542 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 33 3.0 CONTRACT CONDITIONS 3.01 GENERAL REQUIREMENTS Once the bid has been awarded, the terms and conditions of this document become the contract between the FSA CPP and the awarded Vendor. The Terms & Conditions apply to all items purchased from this contract. 3.02 STATEMENT OF AUTHORITY Each person signing the contract warrants that they are duly authorized to do so and binds the respective party to the contract. 3.03 VENDOR CONTACT INFORMATION The Vendor shall maintain current contact information with FSA CPP at all times for sales and submission of purchase orders, quarterly reports and administrative fee payments. If a change occurs during the contract, the Vendor must notify FSA CPP immediately. 3.04 ADDITIONS OR DELETIONS FSA CPP reserves the right to add or delete any items from this bid or resulting contract when deemed to be in the best interest of FSA and purchasers, at its discretion. This decision to take action may be based upon and not limited to few or no sales, product recalls and other safety issues, Vendor or manufacturer performance, or the product’s lack of relevance. For items that come to market during the contract term, FSA CPP may authorize qualified and awarded Vendors to offer the new item under the existing contract terms and conditions, if the manufacturer authorizes a Vendor to sell the item. FSA CPP will request awarded Vendors submit pricing and will evaluate the responses prior to authorizing awarded Vendors to offer the new item. 3.05 CONTRACT EXTENSION Contract Extension The contract may be extended by mutual agreement for up to two (2) additional years, on a year -to-year basis. FSA CPP reserves the right to execute a contract extension or to allow the contract to fully or partially terminate and readvertise for bids, whichever is in the best interest of FSA. The Vendor may request price adjustments for contract extensions as provided for herein. If no request is received from the Vendor, the FSA CPP will assume that the Vendor has agreed that the optional term may be exercised without a price adjustment. Any adjustment request received after the execution of an extension may not be considered unless otherwise provided for in this contract. Month-to-Month Continuation In the event a new contract is not active at the time of this contract’s expiration, this contract’s terms and conditions shall extend on a month-to-month basis and shall not constitute an implied extension of the contract. Such a month-to-month continuation shall be upon the compensation and payment provided herein. 543 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 34 3.06 PRICE ADJUSTMENT In addition to the cost-plus-percent pricing adjustments available for the Pursuit, Administrative, and Other Vehicles contract, the Terms & Conditions provide the following options for price adjustments: •Annual Price Adjustments •Changes to Manufacturer Production or Design •Manufacturer Certified Adjustments •Equitable Adjustments Price adjustment requests must clearly substantiate a need to increase or decrease the price. Price adjustments will not be considered if Vendors are delinquent on administrative fee payments or have outstanding quarterly reports. Annual Price Adjustment The FSA CPP may consider annual price adjustments due to: •Changes in the Producer Price Index (PPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics (BLS); or •As a result of changes to national or state standards that require substantial price adjustments. FSA CPP may consider other documentation related to the change to national or state standards but is not obligated to grant price changes without literature from the manufacturer. The FSA CPP will consider the request and will make a final determination on the change in price. Changes to Manufacturer Production or Design Significant changes by the manufacturer to the production of and specification design may initiate a price adjustment request. FSA CPP will consider order dates, production factors, model year, or other conditions, as well as the replacement or complete redesign of items. Vendors must provide documentation from the manufacturer. Manufacturer Certified Adjustments Vendors must provide documentation from the manufacturer to FSA CPP that shows the additional costs or price adjustments imposed by the manufacturer and substantiate the need for a related price adjustment for this contract. Equitable Adjustments The FSA CPP may make an equitable adjustment to the contract terms or pricing at its discretion. 3.07 CONDITIONS It is understood and agreed that any item offered or shipped as a result of this contract shall be the most current model offered. 544 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 35 3.08 PRODUCTION CUTOFF Vendors shall notify the FSA CPP in writing no less than sixty (60) calendar days prior to the close of final order date by the manufacturer when the final order date is during the term of the contract. Purchase Orders received by the Vendor ten (10) business days prior to the final order date must be accepted and entered into the order system with the manufacturer. Purchase Orders issued and received after the production cutoff date will be subject to availability. In this case, the Vendor and manufacturer have the discretion whether to choose to provide next year’s model at current year’s prices until the end of the contract term. If the manufacturer cutoff date is during the term of the contract and will affect the purchaser’s ability to obtain the items, FSA CPP may consider substitutions from the same manufacturer. 3.09 FACILITIES The FSA CPP reserves the right to inspect the Vendor’s facilities at any time with prior notice. 3.10 PURSUIT RATED VEHICLES & MOTORCYCLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on Police Vehicle Testing Program/Evaluation. These evaluations are not designed to recommend a particular product, but to serve as a resource for vehicles which are currently being offered for law enforcement service. To see the full detailed report, click or copy the links below. At the time of the bid there were two nationally recognized authorities: State of Michigan, Vehicle Test Team of the Michigan State Police (MSP) Precision Driving Unit Los Angeles County Sheriff’s Department Law Enforcement Vehicle Test and Evaluation Program Vehicles: 3.11 SPECIAL SERVICE VEHICLES Vehicles in this category have been reviewed by one or more of the nationally recognized authorities on pursuit vehicle testing program/evaluation. These vehicles are labeled as Special Service Vehicle (SSV) and often used in public safety applications and other areas of government. Refer to manufacturers published information for detailed information regarding these vehicles. 3.12 CAB AND CHASSIS PURCHASES Vendors performing upfitting of cab and chassis should be licensed and certified to perform such work. Vendors are responsible for tag and title work if the chassis is completed by the Vendor or the Vendor’s contracted third- party supplier. The requirements of Florida Statute 319.21 related to the manufacturer statement of origin apply to cab and chassis purchases. Cab and chassis may be purchased from the Vendor without any required additional upfitting by the Vendor. Vendors are not responsible for tag and title if an incomplete chassis is requested and sold to the purchaser. 3.13 FACTORY-INSTALLED OPTIONS All options specified as factory-installed are to be installed on the item at the primary site of assembly and are to 545 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 36 be the manufacturer’s standard assembly-line product. Aftermarket and vendor-installed equipment will not be accepted as factory-installed. Vendors found supplying aftermarket or vendor-installed equipment where factory- installed are specified shall be required to retrieve all delivered items and supply new items meeting the specifications. All factory-ordered options are to be original equipment manufacturer (OEM) and installed at the primary site of assembly unless otherwise noted by the Vendor and acknowledged in writing by the purchaser. Verbal agreements will not be recognized. 3.14 VENDOR-INSTALLED OPTIONS All vendor-installed accessories, equipment, or options shall be installed according to the manufacturer’s specifications. All vendor-installed options must be manufactured by an established manufacturer of the product provided. Vendors are required to disclose make and model of product being offered, design, and model must be approved by the purchaser prior to installation. Prior to any purchase, the Vendor must also disclose the warranty of any accessory, equipment or option that is less than or exceeds the factory or equipment warranty coverage. Any Vendor that violates this provision will be considered in default of the contract. FSA CPP may terminate the contract in accordance with these terms & conditions. 3.15 NON-SCHEDULED OPTIONS A non-scheduled option is an option not listed on the FSA CPP published award. Vendors may provide non- scheduled options at less than MSRP or the Published List Price. Non-scheduled options should be identified and listed as a separate line item with the price and discount on the purchase order. Non-scheduled options are covered under these terms and conditions. 3.16 FORCE MAJEURE A Vendor shall not be penalized for a delay resulting from the Vendor’s failure to comply with delivery requirements if neither the fault nor the negligence of the Vendor or its employees contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Vendor’s control, or for any of the foregoing that third party suppliers if no alternate source of supply is available to the Vendor. 3.17 PURCHASE ORDERS To initiate a purchase, a purchase order must be issued to the Vendor, which includes: •FSA CPP contract title and number; •FSA CPP item number, and the make and model or item description; and •Purchaser name, phone number and email address. The Vendor’s acceptance of a purchaser’s order will indicate that the Vendor agrees to deliver an awarded item that will be fully compatible with all of its options. Production schedules and delivery dates should be discussed at the time the quote is provided to the purchaser, or if no quote is provided, when the purchase order is delivered to the Vendor. Vendor shall place the order with the manufacturer within 10 business days of receipt of the purchase order. The Vendor shall assure that all orders are placed in full compliance with the specifications and the terms and conditions of the contract and the purchase order. Any changes that are required to bring an item into compliance with the various options due to an incorrect order will be accomplished at the Vendor’s expense. 546 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 37 A Confirmation of Order form shall be completed by the Vendor and provided to the purchaser and FSA CPP fifteen (15) calendar days from receipt of purchase order without request by the purchaser. Any additional information needed to complete this form should be obtained by the Vendor from the purchaser. While it is recommended that an agency purchase from the zone which is closest to their location, it is not mandatory to do so. If the purchaser determines that a Vendor in another zone can better serve the purchaser’s needs, the purchaser may order from a Vendor in another zone. Vendors that provide awarded items outside of an awarded zone may upon mutual agreement between the Vendor and the purchaser charge a delivery fee. If a Vendor receives a purchase order for an item for which they were not awarded, the Vendor must notify the purchaser and return the purchase order to the purchaser within three (3) business days. The Vendor must submit electronic copies of Purchase Orders within fifteen (15) calendar days of the Purchase Order issue date. Emails shall be sent to coop@flsheriffs.org. Purchase orders received by the Vendor after this deadline must be submitted to FSA CPP as soon as possible with the date received by the Vendor and cause for the delay. Purchase Orders should contain the following required information: • Purchaser name, • Purchase order number, • Purchase order issue date, • FSA CPP contract title and number, • Item number, • Item make and model, or item description, • Item price, • Options by item, and • Estimated delivery date. Purchase orders vary in format and information provided. If a purchase order does not include the required information, the Vendor must submit supplemental documentation to FSA CPP at the same time the purchase order is due. Such information may be in bid quotes, equipment proposals, confirmation of orders, or other documents. If a purchaser does not use purchase orders, written communication from the purchaser to the Vendor will be provided to FSA CPP. 3.18 REGISTRATION, TAG, AND TITLE Title items shall be the responsibility of the Vendor. If the purchaser is a government agency, the purchaser has the right to choose to register and title the item. Costs of registration, tag and title shall not exceed the statutory rates. FSA administrative fee does not apply to the cost of registration, tag and title. 3.19 DELIVERY Vendors are to inspect the item to confirm the item meets or exceeds the FSA CPP Base Specification, manufacturer specification, and purchase order. Deliveries not complying with these requirements may be rejected and will have to be redelivered at Vendor’s expense. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays. Delivery schedules shall be agreed to by the purchaser and the Vendor. Vendor shall notify the purchaser no less than twenty-four (24) hours prior to delivery of the time and location, which shall reflect the mutually agreed upon 547 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 38 delivery details. The Vendor shall be responsible for delivering items that are properly serviced, clean and in first class operating condition. Items shall be delivered with each of the following documents completed or included: 1.Copy of the Purchase Order. 2.Copy of the FSA CPP Base Specification. 3.Copy of manufacturer’s Invoice, price sheet, build sheet or other documentation that verifies what components are included on the item being delivered 4.Copy of the pre-delivery service report 5.Registration warranty certification 6.Owner’s manual 7.Registration, tag and title or an application for the registration, as applicable All items with fuel tanks of thirty-five (35) gallons or less must contain no less than one quarter (1/4) tank of fuel as indicated by the fuel gauge at the time of delivery. For items that have more than thirty-five (35) gallons, a minimum of one eighth (1/8) of a tank of fuel must be provided. All electric vehicles must be delivered with a minimum charge level of 10 percent. The purchaser has the option to reject a vehicle with more than 350 odometer miles or may deduct $0.51 cents per mile in excess of 350 miles from the invoice, unless distance above 350 miles was previously approved by the purchaser. Deliveries of less than 350 miles may be accomplished by driving the vehicle. Any delivery accomplished by driving the vehicle must be supervised and the driver mus t comply with manufacturer’s break-in requirements and all applicable traffic laws. Any delivery accomplished by driving a pursuit-rated vehicle must use an “OUT OF SERVICE” cover on light bars. Deliveries in excess of 350 miles shall be made by transport, or otherwise approved by the purchaser, however, this requirement shall not apply to incomplete chassis. Items with hour meters must be delivered with fewer than five (5) hours on the hour meter or may be rejected by the purchaser. The purchaser may choose to negotiate a lower purchase price when the item exceeds five (5) hours. When items require service or adjustments upon delivery, the Vendor shall either remedy the defect, or be responsible for reimbursing the manufacturer’s local authorized representative or other service provider to remedy the defect. Such service or adjustments shall be initiated by the Vendor within 48 hours after notification by a purchaser, not to include weekends and holidays. Delivery will not be considered complete until all services or adjustments are satisfactory, and the item is redelivered or repaired. The cost of any transportation required to address the defect shall be the responsibility of the Vendor until the items are satisfactory and accepted by the purchaser. 3.20 INSPECTION AND ACCEPTANCE Final acceptance shall be given only after the purchaser inspects or confirms the item meets contract specifications. Delivery of an item to a purchaser does not constitute acceptance for the purpose of payment. Inspection and acceptance will be at the purchaser’s destination unless otherwise previously agreed upon location was provided in the purchase order. Should the delivered items differ in any respect from the Base Item specifications, payment can be withheld until such time as the Vendor completes the necessary corrective action. 3.21 INVOICING AND PAYMENTS Invoicing and payments shall be the responsibility of the Vendor and purchaser placing orders using this contract. Vendors must invoice each purchaser independently. The Vendor shall be paid upon submission of invoices to the purchaser after satisfactory delivery and acceptance of the items. While the Local Government Prompt Payment 548 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 39 Act applies to ensure timely payment of Vendor invoices, the FSA CPP encourages purchasers to make payment within 30 days of acceptance of the item. The Local Government Prompt Payment Act is defined in Sections 218.70–218.79 of Florida Statutes. 3.22 WARRANTY All warranties shall begin at the time of delivery and final acceptance by the purchaser. The purchaser’s warranty should not be active for incomplete items and items delivered to a third-party supplier before final delivery. 3.23 QUARTERLY REPORTS Quarterly reports are the contractual responsibility of each Vendor. Quarterly reports must be completed and submitted electronically. All quarterly reports shall be sent to reports@flsheriffs.org. The quarterly report template shall be submitted using an Excel workbook provided by FSA CPP. Quarterly reports which do not adhere to the required format or are not complete of all purchase orders received and/or deliveries made during the quarter will be returned to the reporting Vendor for correction. Quarterly reports are due no later than the 15th day of the month following the end of the quarter. Quarterly reports shall follow the schedule below for the duration of the contract. If a contract extension is executed, the quarterly reports will maintain the same schedule for future reporting periods. Contract Year: October 1, 2022 – September 30, 2023 Year 1 Quarter 1: October 1 – December 31 Q1 Report Due: January 15 Year 1 Quarter 2: January 1 – March 31 Q2 Report Due: April 15 Year 1 Quarter 3: April 1 – June 30 Q3 Report Due: July 15 Year 1 Quarter 4: July 1 – September 30 Q4 Report Due: October 15 Quarterly reports must be submitted even if there are no sales or no deliveries in a quarter. If a Vendor has no sales within a quarter, the Vendor shall indicate “No sales this quarter” on the top row of the sales worksheet. If the Vendor has no deliveries in a given quarter, the Vendor shall indicate “No deliveries this quarter” on the top row of the delivery worksheet. FSA CPP reserves the right to modify the procedure for submitting quarterly reports during the term of the contract. Such a change shall not materially modify the substance of the information to be reported but may change the method by which future quarterly reports are to be submitted. In the event of such a change, FSA CPP will provide written notice to all Vendors of the method by which future quarterly reports are to be submitted. 3.24 ADMINISTRATIVE FEE The FSA CPP charges three quarters of one percent (.0075) to procure, process and administer the contract. The administrative fees are the contractual responsibility of each awarded Vendor. After receipt of payment from contract purchases, the Vendor shall remit all administrative fees to the FSA CPP no later than 15 calendar days after the end of each quarter. All fees payable to the FSA CPP during any given quarter will be accompanied and supported by a quarterly report. 549 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 40 The administrative fee will remain payable to FSA CPP and no relief from payment of the administrative fee, nor any additional charge to recoup the administrative fee, will be permitted if a Vendor fails to incorporate the administrative fee in its bid pricing. The administrative fee should never be listed as a separate line item on any purchase order or invoice. The administrative fee is based on the total purchase order amount of new items. This fee excludes any value given to purchasers for trade-ins. Trade-ins, extended warranties and other exchanges will not reduce or impact the fee calculation. The ACH form for electronic payment or wiring of funds is included in Appendix C. It is the preference of FSA CPP that all payments be electronically paid and submitted. If ACH is not available, checks for the administrative fee can be sent to: Florida Sheriffs Association Cooperative Purchasing Program 2617 Mahan Drive Tallahassee, FL 32308 3.25 LIQUIDATED DAMAGES The Vendor warrants that the item supplied to the purchaser shall conform in all respects to the standards set forth and the failure to comply with this condition will be considered as a breach of contract. Any liquidated damages levied because of inadequacies or failures to comply with these requirements shall be borne solely by the Vendor responsible for same. Failure to submit the administrative fee with accompanying quarterly reports to FSA CPP within 15 calendar days following the end of each quarter may result in the imposition of liquidated damages. Vendors failing to submit administrative fees and/or quarterly reports will incur liquidated damages in the amount of $25 for each calendar day that fees and reports are past due, beginning on the 16th day following the end of the quarter. If a civil action is initiated by the FSA to recover administrative fees or liquidated damages as set forth in this section, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs incurred in the litigation. The venue shall lie in the Circuit Court for the Second Judicial Circuit in and for Leon County, Florida. When quarterly reports are late, liquidated damages are to be included in Vendor’s Quarterly Report and administrative fee submission. Liquidated damages that remain unpaid beyond 45 calendar days can result in FSA CPP, at its sole discretion, implementing contract compliance actions, including but not limited to, suspension, limited participation by specifications or zones, disqualification from future solicitations, or termination for cause pursuant to the Terms & Conditions. Schedule of Liquidated Damages Failure to submit quarterly report on time $25 per calendar day Failure to submit administrative fee on time $25 per calendar day Failure to report a Purchase Order to FSA CPP within 15 calendar days of the purchase order issue date $100 per Purchase Order Failure to Report Sales .0075 of the sales price plus 1.5% each month following the delivery date. 550 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 41 Vendor agrees and acknowledges that its failure to take any of the actions specified in the above schedule will result in liquidated damages to this contract. Vendor agrees and acknowledges that these liquidated damages are not intended to be and do not constitute a penalty and that these amounts are reasonably calculated to compensate the FSA for the damages that it will incur as a result of the Vendor’s failure to take the specified actions. 551 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 42 Appendix A: Zone Map 552 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 43 Appendix B. Bid Calendar FSA23-VEL31.0 Bid Calendar Task Date Invitation to Bid Announcement (ITB) 5/1/2023 & 5/15/2023 Voluntary Interested Bidder Workshop 6/13/2023 New Item Specification Requests Due 6/23/2023 Pre Bid Meeting 7/11/2023 Request for Clarifications Due to FSA 7/18/2023 FSA VendorLink Bidder Training 7/24/2023 Bid System Open 7/25/2023 Cone of Silence 7/25/2023 - 9/11/2023 Bid Submissions Due 8/30/2023 Public Bid Opening 9/1/2023 Bid Tabulations Posted 9/1/2023 Bid Evaluation 9/5/2023 - 9/8/2023 Intent To Award 9/11/2023 Final Award & Effective Date of New Contract 10/1/2023 FSA23-VEH21.0 Bid Calendar Task Date Invitation to Bid Announcement (ITB) 5/1/2023 & 5/15/2023 Voluntary Interested Bidder Workshop 6/14/2023 New Item Specification Requests Due 6/23/2023 Pre Bid Meeting 7/12/2023 Request for Clarifications Due to FSA 7/18/2023 FSA VendorLink Bidder Training 7/24/2023 Bid System Open 7/25/2023 Cone of Silence 7/25/2023 - 9/11/2023 Bid Submissions Due 8/30/2023 Public Bid Opening 9/1/2023 Bid Tabulations Posted 9/1/2023 Bid Evaluation 9/5/2023 - 9/8/2023 Intent To Award 9/11/2023 Final Award & Effective Date of New Contract 10/1/2023 553 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 44 FSA23-EQU21.0 Bid Calendar Task Date Invitation to Bid Announcement (ITB) 5/1/2023 & 5/15/2023 Voluntary Interested Bidder Workshop 6/7&8/2023 New Item Specification Requests Due 6/23/2023 Pre Bid Meeting 7/13/2023 Request for Clarifications Due to FSA 7/18/2023 FSA VendorLink Bidder Training 7/24/2023 Bid System Open 7/25/2023 Cone of Silence 7/25/2023 - 9/11/2023 Bid Submissions Due 8/30/2023 Public Bid Opening 9/1/2023 Bid Tabulations Posted 9/1/2023 Bid Evaluation 9/5/2023 - 9/8/2023 Intent To Award 9/11/2023 Final Award & Effective Date of New Contract 10/1/2023 554 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 45 Appendix C: ACH Payments 555 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 46 Appendix D: Federal Clauses Applicability of Third-Party Contract Provisions* (Excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000.) In addition to other provisions negotiated with purchasers placing federally funded purchase orders, Vendors must comply with the following provisions upon award of a federally funded purchase order: PROVISION Professional Services/A&E Operations/ Management Construction Materials & Supplies Equal Employment Opportunity All Davis-Bacon Act >$2,000 Copeland “Anti-Kickback” Act >$2,000 Contract Work Hours and Safety Standards Act >$100,000 >$100,000 >$100,000 >$100,000 Rights to Inventions Made Under a Contract or Agreement If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work If the purchase order involves performance of experimental, developmental or research work Clean Air Act >$150,000 >$150,000 >$150,000 >$150,000 Federal Water Pollution Control Act >$150,000 >$150,000 >$150,000 >$150,000 Debarment and Suspension All All All All Byrd Anti-Lobbying Amendment >$100,000 >$100,000 >$100,000 >$100,000 Procurement of Recovered Materials All All All All Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment All All All All Domestic Preferences for Procurements All All All All *References to the code of regulations (CFR) or United States Code (USC) were accurate at the time of publication. It is the responsibility of the Bidder to ensure compliance is met of the referenced state and federal laws within the published rules. EQUAL EMPLOYMENT OPPORTUNITY: Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The clause set forth in 41 CFR 60-1.4(b) is incorporated herein by reference. Vendor must comply with this clause and include this clause in all lower-tier federal assisted construction contracts. 556 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 47 DAVIS-BACON ACT, as amended (40 U.S.C. 3141-3148): When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Finan ced and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontr act must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Ant i-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. Vendors performing construction must comply with all applicable provisions of the Davis -Bacon Act and include this clause in all lower-tier subcontracts for construction. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C., chapter 37): Vendor shall comply with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C., chapter 37), as supplemented by Department of Labor regulations (29 CFR part 5). (a)Overtime requirements. Neither Vendor nor any contractor or subcontractor contracting for any part of the purchase order work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to wor k in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (b)Violation; liability for unpaid wages; liquidated damages . In the event of any violation of the clause set forth in Paragraph 15(a), Vendor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Vendor or such subcontractor shall be liable to the United States (in the case of work done under the Contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph 15(a), in the sum of $29 for each calendar day on which such individual was required or permitted to work in excess of the standard workwee k of forty hours without payment of the overtime wages required by the clause set forth in Paragraph 15(a) of this section. (c)Withholding for unpaid wages and liquidated damages. Purchaser shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by Vendor or a subcontractor under the purchase order or any other Federal contract with Purchaser, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by Purchaser, such sums as may be determined to be necessary to satisfy any liabilities of Vendor or its subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (a). (d)Subcontracts. Vendor shall insert in any subcontracts over $100,000 for construction and other purposes that involve the employment of mechanics or laborers, the clauses set forth in Paragraphs (a) th rough (d) and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with 557 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 48 a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implem enting regulations issued by the awarding agency. Vendor shall comply with these requirements when performing a purchase order involving experimental, developmental or research work and flowdown this clause to lower -tier subcontractors performing such work. CLEAN AIR ACT (42 U.S.C. 7401 et seq.) and the FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251 et seq.), as amended: Vendor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor shall comply with the requirements of Clean Air Act and the Federal Water Pollution Control Act and include this clause in all lower-tier subcontracts with a value over $150,000. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689): By accepting or performing this purchase order, Vendor certifies that it is not identified in the Exclusions area of the System for Award Management as being currently debarred, suspended, proposed for debarment, or otherwise excluded (“SAM Exclusion”). Vendor shall obtain similar certifications from its lower-tier subcontractors for each subcontract in excess of $25,000 and Vendor shall not award lower-tier subcontracts in excess of $25,000 to an entity subject to a SAM Exclusion. LOBBYING RESTRICTIONS (31 U.S.C. 1352): By accepting or performing this purchase order, Vendor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congre ss, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Vendor shall also disclose to Purchaser any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award or contract. Vendor shall flow down this clause and require this certification for lower-tier subcontractors with a subcontract of $100,000 or more. Vendor shall provide its disclosure and all disclosures received from lower -tier subcontractors to Purchaser. PROCUREMENT OF RECOVERED MATERIALS: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Vendor shall comply with this clause and include this clause in a ll lower-tier subcontracts. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 - 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 558 FLORIDA SHERIFFS ASSOCIATION Cooperative Purchasing Program Contract Terms and Conditions Page 49 (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entiti es or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115 -232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. DOMESTIC PREFERENCES FOR PROCUREMENTS: (a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). Vendor agrees to comply with the requirements of this clause and include the requirements of this clause in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2)“Manufactured products” means items and construction materials composed in whole or in part of non - ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 559 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 03/ 5/2024 Meeting Date: 03/ 5/2024 Commission Meeting Minutes. Requested Action: Approve minutes from the February 6, 2024 and February 20, 2024 Commission Meetings. Explanation of Request: The City Commission met on February 6, 2024, and February 20, 2024, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: February 6, 2024 City Commission Meeting Minutes.docx February 20, 2024 CIty Commission Meeting Minutes.docx 560 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, February 6, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Andrew Mack, Deputy City Manager Vice Mayor Thomas Turkin Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk, City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1.Agenda Items A.Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Pastor Bob Bender, Christ Fellowship Church. Invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Mayor Ty Penserga The Pledge of Allegiance was led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Shawna Lamb, City Attorney, stated that item #7D had a Scrivener’s error, striking out "with a" from the resolution. Vice Mayor Turkin stated that he wanted to move up item #9A to after item #3D. He requested to add a discussion to future agenda regarding infrastructure, specifically road paving- projects. He noted that he wanted to look at a budget amendment to find funds to look at infrastructure, particularly regarding Seacrest Estates and Chapel Hill. He also requested to add a discussion to the Future Agenda on the planned hotel site on Ocean Avenue. 561 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 2 There was consensus to add the items to the future agenda. Vice Mayor Turkin thanked all the parents that came out tonight and apologized for the situation. Daniel Dugger, City Manager, clarified if there was a specific amount requested. Vice Mayor Turkin said that they need a scope of work for Seacrest Estates and other neighborhoods in the City. He stated that many of the roads are dilapidated. City Manager Dugger stated that they can add it as a discussion, because there might be more roads needing help. Adam Temple, Assistant City Manager, confirmed that staff did request feedback regarding the Town Square project, and that they will present their finding in the second meeting in March. Commissioner Kelley mentioned that she was looking for a discussion regarding our CIP Projects and what is on there and what should be on there. She agreed that Vice Mayor Turkin's request should be a part of this discussion and wanted to add the CIP Projects as a Future Agenda item. Commissioner Hay stated that he would like for us to look at the CIP projects before we lock in on any projects. Commissioner Cruz echoed the sentiments regarding infrastructure, including both paving and utility. Mayor Penserga said that Legal Counsel requested to add a legal update before public audience. He stated that there was a request to limit the first public audience to 30 minutes and creating a second public comment after the legal portion. Vice Mayor Turkin said that he would not like to limit the 3-minute time and would not like to postpone public comment. Attorney Lamb stated that with the City business on the agenda, they do not want to run the risk of running out of time. She said that there is an option to limit time to a minute or a minute and a half so that they can fit more people in public audience, and that it is not an inappropriate ask. Commissioner Kelley passed on weighing in on the discussion. 562 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 3 Commissioner Hay said that the parents have come out to speak and they should be allowed to speak. He stated that the Board has the option to vote to move the rest of the comments to the end of the meeting, and we should not be choosing this at this time. Mayor Penserga stated that they will keep it as is. Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2.Other A.Informational items by the Members of the City Commission. Vice Mayor Turkin stated that he attended First Friday, and it was a big hit, and attended a ribbon cutting for Sushi Bang Bang and it was great. Commissioner Hay summarized the meetings and events that he attended over the last month. He said that he also attended the Historical Society 5th Boynton Beach Florida Highwayman Art Show. He noted that this month is considered Black History Month, and he shared information and history regarding the Florida Highwayman Group, which was comprised of 26 black men. Commissioner Kelley acknowledged that the Schoolhouse had a very successful Family Fun Day, and she thanked staff. 3.Announcements, Community and Special Events and Presentations A.State of Education Report by District 7 School Board Member Edwin Ferguson. Edwin Ferguson, District 7 School Board Member, spoke about the following regarding the State of the Schools: today's agendas; Flickrs/star Kindergarten readiness; how to help your child get ready for kindergarten; English Language Arts (ELA); how to help your child do better in reading and writing; mathematics; geometry; algebra; how to help your child do better in math; science; biology; how to help your child do better in science; US History; civics; how to help your child do better in social studies; how you can help; metal detectors update; paper- 24/7 tutoring; voice notes- web/mobile; FDOE New Worlds Reading Initiative; and graduation requirements. Mayor Penserga thanked Mr. Ferguson and said that he appreciates him pointing out Poinciana Elementary. 563 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 4 Commissioner Cruz thanked him for his presentation. Vice Turkin said that he appreciates Mr. Ferguson. Commissioner Hay asked if we are doing anything to enhance Poinciana with the planetarium, because it is unique. Mr. Ferguson asked if he would like to make it available for other people to be able to visit it. Commissioner Hay replied yes. He asked about the letter grades for the schools. Mr. Ferguson said that he is open to getting feedback from the Commission on next year's presentation. Commissioner Hay asked if he has noticed an increase in the time for kids to get into school due to the new metal detectors at the high schools. Mr. Ferguson acknowledged that the first week was rough, but after that, there has not been any delays. Commissioner Kelley thanked Mr. Ferguson for his presentation. She asked what they are doing to bridge the gap with the percentages in the different schools. She mentioned that science has been a deficit in the schools. She said it is important to send this type of information home. Mr. Ferguson stated that there is a new test being administered, and they are teaching the teachers to make sure they can help the students with these tests, so they can get back to an A-rated school. B.Announcement of the Joe DiMaggio Children's Health Specialty Center "Magic Wheels" & Special Deals Event. Mayor Penserga announced the event. C.Announcement of the 12th Annual Barrier Free 5K. Mayor Penserga announced the event. D.Announcement of Oceanfront Bark Event. Mayor Penserga announced the event. 564 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 5 4.Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Attorney Lamb provided an update prior to public audience. Attorney Lamb reviewed the Boynton Beach Little League litigation, including timeline and background of Athletic Angels. She noted, currently, Athletic Angels is undergoing a project to renovate Field 1, and that the ongoing construction work adheres to local and State regulations. She noted that, upon completion, Athletic Angels will maintain, repair, and operate the field at its sole cost. She added that teams from the senior league division of Boynton Beach Little league will have access to Field 1, as outlined in the agreement. She confirmed that Athletic Angels will not have exclusive usage rights for Field 5. She clarified that Prime Time Sports Group has a distinct and unrelated agreement with the City to develop a training facility at the park. She stated that Prime Time Sports Group and Athletic Angels are not affiliates, partners, or associates in any way. She spoke about what Athletic Angels has planned for the community. She spoke about the timeline regarding the renovations to Field 1. Mayor Penserga opened public audience. Susan Oyer reminded everyone that Bloomin’ in Boynton is this weekend and invited everyone to attend. She said that she understands the issue about destroying the mangroves, and she has put in a request to the Clerk. She stated that she has praised a few employees in Planning and Zoning, and Jay. She mentioned that this is embarrassing to the City, regarding the Little League issue. She asked them to support the Little League and get rid of the contracts. Dorothy Highland stated that they are having a problem with people going to their pool, and cars speeding by, in Village Royale. She is requesting stop signs and walkways to be put in before there is a fatality. Michelle Campson spoke about her kids playing at the fields for the past 16 years and said that they had no notice about the fields, and they were not given options where they were going to play. She spoke about the options that were given to them that day and said that is not working for them. She mentioned that beautifying the park can be accomplished on off season. John Ready spoke about volunteering at the fields, maintenance costs, and the history of the ballfield. He said that they should be included in the meetings with the City. He stated 565 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 6 that they asked for a date of when the closings would happen and did not get notice. Cindy Falco De Corrado stated that she voted against the agreement for the Little League improvements. She mentioned that there are a lot of people who are coming from other countries, and they are infiltrating into her City. She suggested that there is danger in our streets, and we are not being watched here in the City. She stated that it is very dark in a lot of areas in the City, and the City is not taking care of issues that she has brought up. Tony Setcar spoke about both of his kids being involved in the Little League. He said that the City is taking away a whole season’s worth of games. He mentioned the history of the baseball fields and the agreement with the Angels. He continued to speak about the fields. Ryan Masutta spoke about sharing a common goal, but there are concerns on how things are being done. He mentioned that the 30-year lease that we are giving to this for-profit organization. He spoke about the Little League winning a U.S. Championship and the City not appreciating it. He said that there are a lot of parents and coaches that are stepping up and volunteering to make this league successful. Andrea Sorto spoke about baseball being a huge part of her life, and the education that East Boynton Beach Little League has taught to the kids. She said that baseball is not black and white, and that what Attorney Lamb read was not true. She asked for them to have the opportunity to grow. She mentioned that she could not get ahold of anyone when she contacted to get information. Beth Sanzone stated that she would like to talk about two warehouses that are going up behind her house. She spoke about her concerns and asked to get more information. Jean Ferguson stated that there are hundreds, if not thousands, of kids that this will impact. He spoke about what the fields mean to everyone. He said that the City has not been in communication with the Little League Board. He asked if this is really best for the City's kids. He invited the officials out to see the kid’s disappointment on the 9th. Jared Ryan stated that this is his 5th year volunteering with the league. He said that this is not right, and what has been going on with the third party is not okay. He spoke about when permits were given, hundreds of kids were signed up, and that if they were notified, they would have made it work out. He commented that this whole thing stinks. He mentioned that the Little League Championship should mean more to the City. Tierra Rogers stated that she moved here from Kentucky and that the Little League helped her kids get settled into the City, and that these people are all family. She mentioned that the person that they are working with is a despicable human being, and that this is all for profit. She said that the City is putting a dollar amount on the safety of the kids. Jessica Ferguson spoke about communication with East Boynton Beach Little League and 566 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 7 said that she still has not received information about when they are going to start renovations. She mentioned getting use of another field on January 29th. She said that she is here to stand for the Little League. She spoke about communication with the City about the site plans. Jacqueline Slide spoke about her senior not being able to play at East Boynton Beach Little League because of the renovations. She spoke about the City not caring about what they are going through. She asked why the field cannot be done after the season. Erik Fraga spoke about the community being fantastic, and that most little leagues are going under. He mentioned that their league is growing every year, and what the City is doing is hurtful. He asked that they consider everything they are hearing tonight. Barbara Ready spoke about not allowing East Boynton Beach Little League to be a part of this plan. She said that if due diligence had been done, they would not be here tonight. She spoke about what the league needs, and them being taken for granted. She commented that it is not too late to make changes. Christa Silverman spoke about the risk that this poses, if she has to be in three places at once. She said that she has to pick and choose where she has to go, because she can only be in one place. Harry Woodworth said that he wants to be proud of where he lives, and he is very embarrassed of the City right now. He spoke about the strategic planning that the City Officials had not too long ago, and that they should follow up on that. He said that they are up there to serve the City, and they need to refocus. Adam Limb spoke about having two kids on the league and his involvement in leagues. He said that they have a little treasure here in East Boynton Beach Little League. He talked about his background in the Military, and about project management. He asked to have action taken, as leaders of the community. Coach Ed Novac spoke about his history with the League. He said that his family has to try to find a field that will work for them. He asked that the City do the right thing so that they can continue to build a legacy. Andre Wasco, Michael Ferguson, Dylan Fraga asked for the City to let them play at the fields. They spoke about growing up in these fields and asked the City to do better. Maria Lucre spoke about why the fields mean so much to them, and her family involvement in the fields. She mentioned the structure that baseball gives to the kids, and that this is the kid’s safe space. She asked for the City to give them their fields back. Kevin Cox spoke about helping to prepare the field for games. He echoed the concerns of 567 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 8 the league team. Virtual comments- there were 2 people that could not be heard. Mayor Penserga closed public audience. Vice Mayor Turkin said there have been previous proposals to expand the cemetery to dissolve the Little League fields. He said he wants to stop that rumor because it will never happen. He asked where they are at with the Primetime Sports agreement and action taken by the City. Commissioner Cruz said that they need to speak to the City Manager and Attorney Lamb before speaking about thisand address concerns and find solutions. She thanked everyone for showing up and acknowledged the sensitive nature of the topic. Motion: Vice Mayor Turkin moved to amend the agenda to speak about this issue. The motion died to lack of second. Commissioner Hay stated his heart goes out to parents and he wants to move forward correctly. 5.Administrative A.Advisory Board Appointments. The Commission recessed at 8:30 P.M. The Commission reconvened at 8:38 P.M. Mayor Penserga listed the open Board positions. Motion: Commissioner Hay nominated Matthew McMullum for the regular seat on the Recreation and Parks Board. Commissioner Kelley seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley nominated Thomas Devlin for the alternate seat on the Recreation and Parks Board. Commissioner Hay seconded the motion. The motion passed unanimously. B. Community Support Funds 568 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 9 Vice Mayor Turkin stated that this is for Travel league. Motion: Vice Mayor Turkin moved to approve the Community Support Funds request from Vice Mayor Turkin. Commissioner Hay seconded the motion. The motion passed unanimously. 6.Consent Agenda Motion: A.Proposed Resolution No. R24-020- Amend the FY 2023-24 budget to adjust budgeted appropriations and revenue sources and provide spending authority for the General Government Capital Improvement Funds (302 & 303), the Utility Capital Improvement Funds (403 & 404), the Golf Capital Improvement Fund (412), the Fleet Fund (501), and various funds for previous years’ Purchase Orders. B.Proposed Resolution No. R24-021- Approve and authorize the Mayor to sign the First Amendment to the Interlocal agreement between The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency, for the improvements to the Historic Woman’s Club of Boynton Beach. C.Proposed Resolution No. R24-022- Approve the use of Fire Department fleet funding for the purchase of a new fire rescue boat in the amount of $404,833.64, utilizing the GSA (U.S. General Services Administration) contract 47QSWA18D009G, in lieu of using the previously approved funding for the fire boat from ARPA funds. Proposed Resolution No. R24-023- Approve request of the Fire Department for remaining ARPA funds to be utilized towards the purchase of one of the two fire rescue trucks that are slated to be purchased in the current fiscal year. D.Proposed Resolution No. R24-024- Approve and authorize the City Manager to sign a Utility Work by Highway Contractor Agreement with FDOT, a Three- Party Escrow Agreement, and any required assurances, for the adjustment of Utilities’ sanitary sewer manholes and valve boxes along SR 804/Boynton Beach Boulevard from North Congress Avenue to NW 8th Street with an initial estimate of $11,088. E.Proposed Resolution No. R24-025- Approve and authorize the City Manager to sign a Hold Harmless Agreement between the City of Boynton Beach (the "Indemnitee") and Verizon VZB (the "Indemnifier") to install fiber optic cable, 569 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 10 conduit, and handholes within Boynton Beach Utilities’ 20-foot easement along North Congress Avenue. F.Proposed Resolution No. R24-026- Approve and authorize the City Manager to sign an easement document between the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (the "Grantor") and the City of Boynton Beach (the "Grantee") for existing on- site utilities at WXEL, located at 3401 South Congress Avenue. G.Commission Meeting Minutes. Commissioner Cruz moved to approve the Consent Agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-027- Approve the piggyback utilizing the Martin County Contract No. RFB2023-3527 and a Purchase Order for Sodium Hydroxide (Caustic) for Chemicals for Water & Wastewater Treatment at the Water Treatment Plant. B.Proposed Resolution No. R24-028- Approve the one-year extension for RFPs/RFQs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for February 6, 2024 - "Request for Extensions and/or Piggy-backs." C.Proposed Resolution No. R24-029- Award Bid No. UTL24-002 for Re- Bid No. UTL24-002 Lime Sludge Removal, Hauling, and Disposal services and authorize the City Manager to sign a Contract and issue a purchase order to the lowest responsive and responsive bidder, Devland Site Paving and Utilities, Inc., for the amount of $199,800. D.Proposed Resolution No. R24-030- Authorize the City Manager to sign a two (2) year agreement with Iron Container, LLC, of Miami, FL, as the result of Bid No. PWSW24-010 for Metal Containers and Roll-Offs, with a not exceeding $150,000 per year. E.Proposed Resolution No. R24-031- Approve utilizing the City of Plantation, Florida, Bid No. 072-22, and Authorize the City Manager to sign an agreement with Pavement Technology, Inc. of Westlake, Ohio, for Asphalt Rejuvenation Services with an estimated annual cost of $150,000. Mayor Penserga noted the scrivener’s error in 7D. 570 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 11 Motion: Commissioner Cruz moved to approve the Consent Bids and Purchases over $100,000. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-001- Second Reading- An ordinance of the City of Boynton Beach, Florida, amending Ordinance 02-013 to rezone a parcel of land described herein and commonly referred to as the Pulte Cottage District from single and two-family residential (r-2) to Infill Planned Unit Development (IPUD); providing for conflicts, severability, and an effective date. B.Approve request for a Variance (ZCVL-2023.06.4139) from Part III, Chapter 4, Article XIII, Section 2 Required Sustainable Development Standards (Table 2- 1) Electric Charging Stations requirement for the Pulte Cottage District, generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. C.Approve request for New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139) for the Pulte Cottage District for 19 single-family units and 22 townhome units, property generally located between NE 5th Ave and NE 4th Ave, and between Seacrest Blvd and NE 1st St. Applicant: Aimee Carlson, Pulte Group. Mayor Penserga asked for ex-parte communication on items 8A-C, which would be heard together but voted on separately. Commissioner Kelley said regarding Items 8A-C that she has had any ex-parte communication with Matthew Barnes at WGI and Aimee Carlson from Pulte, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8A-C that he has not had any ex-parte communication, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. 571 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 12 Mayor Penserga said regarding Items 8A-C that he has had any ex-parte communication with Andrew Maxi, Aimee Carlson, Matthew Barnes, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8A-C that he has had ex-parte communication from Andrew Maxi, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Cruz said regarding Items 8A-C that she has had any ex-parte communication with representatives from Pulte and WGI has received written communication, has not conducted an investigation, has not made a site visit, and has received expert opinions. She requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesús swore in anyone intending to speak. She read the titles of Ordinance No. 23-031, Variance (ZCVL-2023.06.4139), and New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139), into the record. Andrew Meyer, Senior Planner, spoke about the changes that were made as follows: requests; modification- conditions of approval; staff recommends approval; and questions. Vice Mayor Turkin said that he is good to go, since staff clarified the amendments. Commissioner Kelley stated that she would like to hear from the applicant regarding the changes. Matthew Barnes stated that they are in agreement with the changes. Public Comments: Mayor Penserga opened public comments on 8A. Susan Oyer said that she is the one land owner that abuts this property, and nobody has reached out to her. She said that she is concerned regarding the lights that are being put up, whether they will be warm white lights. She mentioned not having a chance to look at the site plans but that this is a cottage district, but they are putting in houses. She mentioned not having random people coming through their property and that there are lots of trees. 572 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 13 Barbara Ready stated that she attended the Pulte Community input meeting, and she expressed her concerns about the feel of the houses. She asked that the properties look a little better so that they look like they belong in the Historic District. She mentioned an HOA law that was just passed and said that they cannot regulate what people can store in their garages. No virtual comments. Mayor Penserga closed public comments. Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 24-001 on Second Reading. Vice Mayor Turkin seconded the motion. The motion passed unanimously. Mayor Penserga opened public comments on 8B and 8C. Susan Oyer stated that she has no problem with the variance as long as chargers are allowed to be put into the garages. She said that she would like to have her concerns addressed that she previously spoke about. She suggested a butterfly garden in the area they have with nothing on it. There were No virtual comments. Mayor Penserga closed public comment. Motion: Commissioner Kelley moved to approve Variance (ZCVL-2023.06.4139). Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Hay moved to discuss New Master Plan and New Site Plan (NMP, NWSP- 2023.06.4139). Commissioner Hay seconded the motion. Commissioner Kelley asked if there was a response back from the applicant regarding the concerns that the public had. Matthew Barnes stated that everything has been addressed. He spoke about the items that the public spoke about. He said that the architecture is what was approved by the CRA previously. 573 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 14 Commissioner Kelley said that there was a mention about warm lights. Mr. Barnes stated that the CRA approved the lights. Mr. Temple stated that if the modification of the approvals can be included in the motion. Motion: Vice Mayor Turkin moved to approve the New Master Plan and New Site Plan (NMP, NWSP-2023.06.4139), with modifications 3 and 5 as proposed. Commissioner Kelley seconded the motion. The motion passed unanimously. D.Approve request for a New Major Site Plan (NWSP-2023.07.23617) application for 3800 S. Congress Avenue to construct two (2) industrial warehouse buildings totaling approximately 457,026 square feet and associated site improvements on a 30.72-acre site located at 3800 S. Congress Avenue, in the M-1 (Light Industrial) zoning district. City Clerk De Jesús read New Major Site Plan (NWSP-2023.07.23617) into the record. Commissioner Cruz said regarding Items 8D that she has had any ex- parte communication with Bonnie Miskel, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Turkin said regarding Items 8D that he has had any ex-parte communication with Bonnie Miskel, has received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Mayor Penserga said regarding Items 8D that he has had any ex-parte communication with Bonnie Miskel, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Hay said regarding Items 8D that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the 574 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 15 record. Commissioner Kelley said regarding Items 8D that she has had any ex-parte communication with Bonnie Miskel and representatives from Foundry Commercial, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Bonnie Miskel spoke about the redevelopment as follows: property location; application request; proposed site plan; proposed elevations- building 1, West and North; propose elevations- building 1, East and South; proposed elevations- building 2, east and south; proposed elevations- building 2, west and north; proposed rendering- building 2 east facade; building 2 southeast entry; staff recommendation of approval with conditions; and questions. Craig Pinder, Senior Planner, stated that they are supportive of the approval once the applicant meets all conditions. Commissioner Cruz asked if they have had meetings with nearby neighborhoods, that she be invited to a meeting, so that they can address the concerns. Bonnie Miskel stated that she is happy to have a meeting. Commissioner Cruz asked about hours of operation. David Blunt, Foundry Commercial, stated that it would be dependent on the tenants, but they do not know exactly. Commissioner Cruz said there are residential neighborhoods on both sides of the property and that she would like reasonable hours. Mr. Blunt said that they would be reasonable and would comply with regulations of the City. Commissioner Kelley said that she agrees with Commissioner Cruz and stated from what this looks like, they are way closer to the neighborhood than what is proposed on the plan. Ms. Bonnie said that they are building a setback more than three times that is required, and there is heavy landscaping between the two. She stated that they will meet with the property, and they were noticed about the project. Mr. Pinder said that during the site plan, they asked for additional trees, and that they 575 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 16 said yes. Vice Mayor Turkin asked about the number of spaces for the tenants. Ms. Miskel stated they have 462 spaces today and that they meet parking requirements. Vice Mayor Turkin asked if semi-trucks can get in. Ms. Miskel confirmed that they meet minimum requirements. Commissioner Cruz said that she is in support of this project and that she would like to meet with them and the community. Mayor Penserga opened the floor to public comment, no one came forth. He closed public comments. Motion: Commissioner Cruz moved to approve the New Major Site Plan (NWSP-2023.07.23617) Commissioner Kelley seconded the motion. The motion passed unanimously. 9.City Manager’s Report This item was heard earlier in the meeting, following 3D. A.Presentation by the Community Standards Department. Candice Stone, Community Standards Director, spoke about the following regarding community standards: department mission statement, department core services; performance metrics FY 22-23; current initiatives; chronic nuisance program; Federal Highway beautification; Seacrest Blvd. beautification; monthly street clean ups; solid waste focus; increasing property maintenance standards; community outreach; identify and regulate short-tern rental properties; future initiatives; new software implementations; SagesGov Code; host compliance powered by Granicus; Hera Property Registry; Home of the Month; objective; and questions. Commissioner Kelley thanked Ms. Stone. Commissioner Hay thanked Ms. Stone for her presentation and the response from Community Standards. Mayor Penserga thanked her for the Community Clean ups. 576 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 17 Vice Mayor Turkin thanked her for her leadership and Community Standards for all they do. He said that he loves the Home of the Month idea. He added that the amount of garbage collected over the years is astronomical. Commissioner Cruz thanked the department. 10.Unfinished Business – None 11.New Business – None 12.Legal A.Proposed Ordinance No. 24-002- First Reading- An Ordinance of the City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances; creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;" providing for codification, severability, conflicts; and providing for an effective date. (Tabled from January 16, 2024). City Clerk De Jesús read Proposed Ordinance No. 24-002 into the record. Motion: Commissioner Kelley moved to remove the item from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. City Attorney Lamb stated that this codifies the responsibility of the Attorney Office, and allows for settlements up to $50K, and does provide the Commission ability to provide special counsel. Vice Mayor Turkin clarified the settlement requirements. Motion: Vice Mayor Turkin moved to approve Proposed Ordinance No. 24-002. Commissioner Hay seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 24-003- First Reading -An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability, codification; and an effective date. 577 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 18 City Clerk De Jesús read Proposed Ordinance No. 24-003 into the record. Motion: Commissioner Hay moved to approve Proposed Ordinance No. 24-003. Commissioner Cruz seconded the motion. The motion passed unanimously. C. Proposed Ordinance No. 24-004- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict, severability, codification and an effective date. City Clerk De Jesús read Proposed Ordinance No. 24-004 into the record. Commissioner Kelley asked about the change. City Attorney Lamb stated that it was not clear relating to the Fire Department allowing to impose fines for excessive fire alarms, and this codifies it. Motion: Commissioner Cruz moved to approve Proposed Ordinance No. 24-004. Commissioner Hay seconded the motion. The motion passed unanimously. D. Proposed Ordinance No. 24-005- First Reading- An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1, "Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification, and an effective date. City Clerk De Jesús read Proposed Ordinance No. 24-005 into the record. City Attorney Lamb explained that the changes are what the State Legislature adopts every few years, and they will not have to come back to approve this again, as it applies to future amendments. Commissioner Kelley stated that she understands the reason to make it smoother but would like to know how they will know about the updates. City Attorney Lamb said that the City Clerk will get a copy of the updates. Motion: 578 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 19 Commissioner Cruz moved to approve Proposed Ordinance No. 24-005. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 13.Future Agenda Items A.Ordinances 37, 47, and 136, relating to segregation. - February 20, 2024 B.Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - February 20, 2023 C.Provide update on grant funded projects in the Capital Improvement Plan - March 5, 2024 D.Discussion regarding regulations to support local businesses.- March 5, 2024 E.Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 F.Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. – TBD G.Discussion regarding combining City properties together to create senior affordable housing . – TBD H.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD I.Discussion regarding a waiver process and criteria for workforce housing projects. - TBD 14.Adjournment Commissioner Kelley stated that she would like to make sure that the items will be on the future agenda items. Mr. Dugger said that we will add the request to 13C, in addition to Commissioner Cruz's request. Mayor Penserga asked to have the expectation cleared up. Mr. Dugger said that we will add a discussion item regarding paving. 579 Meeting Minutes City Commission Meeting Boynton Beach, FL February 6, 2024 20 Commissioner Hay asked staff about an update on annexation. Mr. Dugger said that they will have to speak to staff because the studies are probably a few months away. Mayor Penserga said that he has several things to discuss but will speak to the manager. Motion: Commissioner Kelley moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:32 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 580 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, February 20, 2024, at 6:00 P.M. Present: Mayor Ty Penserga Daniel Dugger, City Manager Vice Mayor Thomas Turkin Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Woodrow L. Hay Commissioner Aimee Kelley 1.Agenda Items A.Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesús called the roll. A quorum was present. Invocation by Reverend Amalie Ash, First Presbyterian Boynton. Invocation was given by Reverend Ash. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz. The Pledge of Allegiance was led by Commissioner Cruz. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga stated that staff requested to move up item #9A to after public audience. He requested that item #12A be moved up to right after item #3C, and that the Robert E Wells Proclamation will be pushed to item #3C. 2. Adoption Motion: Commissioner Cruz moved to approve the agenda as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2.Other A.Informational items by the Members of the City Commission. 581 City Commission Meeting Boynton Beach, FL February 20, 2024 2 3.Announcements, Community and Special Events and Presentations A.Proclamation- 211 Awareness Month. Mayor Penserga read the proclamation into the record. Sharon L'Herrou, President of 211 Awareness, spoke about the organization and said that it is important that the residents know about the different things that the organization helps out with. She stated that they also answer phone calls for the National Suicide Prevention Hotline. B.Proclamation- Robert E. Wells Day. This item was heard after item #3C. C.Presentation of potential methodology for Utility Infrastructure assessment review, risk matrix development and prioritization for repairs and replacement projects. Dr. Poonam Kalkat, Utilities Director, spoke about the Underground Infrastructure Risk Assessment as follows: recap information regarding customers served inside and outside of Boynton Beach boundaries; distribution system; sewer collection system; pumping stations; collection system; pumping stations; stormwater; challenges; data review and analysis; developing Risk Matrix; next steps; and questions. Mayor Penserga said that this brought a great deal of confidence that she has a specific plan and that they can prioritize their resources. He asked what the timeline is to get a consultant. Dr. Kalkat said she is hoping 6 months, but it depends on the RFP process. Commissioner Kelley thanked her for getting this ball rolling. Commissioner Hay said that he is pleased to hear that there is a plan, and he asked to compare our situation versus the situation in Riviera Beach. Dr. Kalkat spoke about the issue that Riviera Beach is going through and the rules that need to be followed. She said that any time there is an issue with wells, they take it out of service right away. She gave examples on why they would close a well. She said that her staff knows to let her know right away if anything ever does not look right. Mayor Penserga said that he would like to see the water quality report. 582 City Commission Meeting Boynton Beach, FL February 20, 2024 3 Dr. Kalkat said that it comes out in June, and is for a full year, but that she can send out the report to the Commission whenever they would like. Vice Mayor Turkin thanked her for her presentation. Commissioner Cruz thanked her and her team for this presentation that she requested in November. 3B. Proclamation- Robert E. Wells Day. Mayor Penserga read the proclamation into the record. Kendra Wright received the proclamation. She stated that her late husband, Bishop Bernard Wright, worked hard that this is not forgotten and she wanted to continue this for him. 12A.Proposed Ordinance No. 24-006-First Reading-An ordinance of the City of Boynton Beach repealing Ordinances O#37, O#47, and O#136 related to segregation. Kathryn Matos, Assistant City Manager, introduced Ordinance No. 24-006. She said that these were already obsolete but we are making it official and taking it off the Code for the City. She spoke about the events for the Unity Project that will be funded by a grant. She mentioned that there are a lot of exciting events coming up. Gabriella Favitta, Director of Events, spoke about the series of events that will highlight the Unity Project. She mentioned the commemoration of the project. She invited everyone to come join them on the march, this Saturday, February 24, 2024. She further spoke about the events in the coming months. Mayor Penserga thanked all of the staff and community members that have been a part of this. He read the entire ordinance into the title. Commissioner Hay stated that this is way overdue, and that you are witnessing history right now, and Boynton Beach can be a model for other Cities that still has this information in their code. He said that of these 3 Ordinances, 37 and 47 separated the City, creating a white and negro section of the City. He further spoke about the ordinance that were repealed. He invited everyone to come out to help burn these ordinances and have lunch with the community. He mentioned that we will continue to search the archives that might need to be repealed. Mayor Penserga said that this is first reading and we do not normally allow public comment, but asked if the Commission would like to allow it. 583 City Commission Meeting Boynton Beach, FL February 20, 2024 4 Commissioner Hay asked to have it now. Motion: Vice Mayor Turkin moved to approve allow public comment. Commissioner Hay seconded the motion. The motion passed unanimously. Public Comment: Victor Norfus spoke about the Unity project starting a few years ago, and he talked about the history of the beginning of this project. He said that Bernard Wright helped to get the grant from the Mellon Foundation. He spoke about segregation and taking of lands, and about the Heart of Boynton. Cindy Falco De Corrado stated that she is not sure how that was ever passed in Congress. She spoke about God creating us all equal, and the Commissioners back then should be punished for passing this. She said that they need to stop separating black and white because that causes separation. She commented that God is love, and she is upset that this was even on the books. She spoke about living near the Heart of Boynton Beach, and being a part of that organization. Tory Orr spoke about the ordinances being on the book for 100 years, and that there were a lot of black Commissioners and Mayors and he cannot believe that he has not heard about this on the record still. He said that he is running for Mayor. Bryce Graham spoke about having this on the book for 100 years, and how far Boynton Beach has come. He said that this gives this community hope, but we are still facing challenges across the country. He commented on the changes to the history that is happening everywhere, such as books on black history being removed from libraries and schools. He spoke about banning together as a human race. Ernest Mignoli said that he listens to the City talking about equality but that when you walk out the door, you do not get that. He stated that enriched development for millionaires is what is driving the community. He spoke about public participation at meetings and 211 calls. Jean Ferguson stated that the Robert Wells Proclamation is directly connected with the baseball team. He spoke about taking away the properties to give to businesses. He said that he loves the Unity Project items, and asked for due diligence. John Dames credited the Commission for addressing these Ordinances. He spoke about challenging the demonic spirits that still circle the City. Mayor Penserga closed public comment. Motion: 584 City Commission Meeting Boynton Beach, FL February 20, 2024 5 Commissioner Hay moved to approve Proposed Ordinance No. 24-006 on First Reading. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 4.Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). Harry Woodworth spoke about the March 5th Agenda regarding the strategic plan. He said that we need to have a plan and move forward with the opportunities that we have. He thanked the staff that put forward the preventative maintenance on the water/sewer lines. India Sysco spoke about loving Boynton Beach, except for the crime in the City. She mentioned that when she hears gunshots and not police sirens, that is a problem. She spoke about the Police Officers not being able to do anything with kids on motorcycles and ATV's, and that she wants for cops to not be afraid to do their jobs. Susan Oyer spoke about the destruction of the Mangroves being stopped. She said that they have created an Advisory Board problem because off all of the knowledge that is leaving the Boards. She stated that we are losing institutional knowledge with employees too. She asked that they please stop screwing around with the Little League Fields. She stated that we need to address the beautification issue in the City. Cindy Falco De Corrado spoke about the City looking like a slum. She mentioned that there are 8 streetlights that do not work on Boynton Beach Blvd, and it is too dark. She talked about a beautification plan that was put together many years ago, about getting rid of the 666 benches, and the things that separate the City. She asked for a park for the older people in the different districts. She spoke about 211, and said that you have to wait for them to call them back. James Lee Bell stated that he is a concerned resident, and ever since FDR we have gone downhill. Victor Norfus commented about the baseball fields being sold to an entity, but we also need a cemetery. He mentioned the very little care that is being done to District 2. He spoke about being on a community board that was removed, and term limits that may or may not have people to replace them. Mark Karageorge spoke about the positives going on in the City, including education on Black History Month, and he encouraged people to come and learn about the history at the library. John Ready spoke about the Little League Park, and his concerns regarding the fields that are not being worked on. He is formally requesting a meeting with different entities 585 City Commission Meeting Boynton Beach, FL February 20, 2024 6 involved in this situation, so that they can find a compromise. Tony Sancar thanked the Commission for repealing the ordinances. He said that the little league is also separating the City, and he spoke about issues that he came across on the agreement. He further spoke about the problems with the little league, and promises that were given to them by the current board, but is not on the contract. Melan Heany spoke about the little league team and her son playing on the field. She mentioned that her son has nowhere to play now because of the agreement. She commented that his team will never be a "home team" because of this. Garrett Mackey spoke about his son, Theo, being sent to the East Boynton Beach Little League team because of being the best team. He said that it is not what the field is made of, it is the community that makes it what it is. Jean Ferguson spoke about Shawna Lamb selling the organization to the Little League team. He said that the team gives back to the community and does not understand how that organization gets the fields for $1 a year. Phil Toronto spoke about being involved with this league for years. He said that when he set this up, it was to keep the little league team here and not be taken over from the cemetery. He said that his kids were told two weeks ago that he could not play in a tournament because of what his father is doing in the community. Landon (inaudible last name) spoke about being a senior player with nowhere to play. He asked that the Commission reconsider the agreement with Barowitz. He asked that the blue and gold of the Little League be included, not Barowitz's colors. Jessica Ferguson thanked the Commission for passing the Ordinances. She spoke about being able to go back to the table and amend the field contract, and that they should be included. She spoke about the trespassing order that was issued and feeling displaced. Tiera Rogers said that they were heard at the last meeting. She spoke about the league being respected, and mentioned that they want to maintain the sense of community. Barbara Ready spoke about community participation, and due diligence not being done with the little league field. She commented on the Advisory Boards losing members. She asked to have the Commission asked the community about their input before going to the architect. Adam Limb spoke about the East Boynton Beach Little League Team, and he thanked the Commission for taking steps to make things right. He mentioned having key stakeholder input for the Little League fields. He said that they have spoken about maintaining the park. Paul Bergen spoke about the ordinances that were repealed, and asked if the choices they made regarding the fields will have a lasting effect on the community like the 586 City Commission Meeting Boynton Beach, FL February 20, 2024 7 ordinances that were repealed. Ernest Mignoli spoke about texting during meetings, and people leaving the room. He said that there has not been a time in recent history where lots of people are leaving the City or being charged for something. Mayor Penserga closed public audience. 9A. Finance Department Presentation. Mara Frederiksen, Finance Director, spoke about the following regarding Financial Services as follows: organizational chart; mission and services; team members (accounting division); highlights and core responsibilities; structure of city finances; collecting revenues; investing cash monitoring debt; disbursing expenditures; cash and investment balances; team members (budget division); why budget? and the budget process; budget division facts and accomplishments; image of transparency page; team members (procurement); purchasing division and core responsibilities; 2023 solicitations; purchase orders issued and total purchasing amounts; team members (payroll division) and core responsibilities; Team members (Grant Division); mission and services- grants, grants mission and core responsibilities; highlights FY24 and upcoming applications; team members (community improvement division); community improvement division mission statement and division services to the community; team members (materials and distribution); services provided to city departments; warehouse inventory commodities; contracts managed by our department; inventory and special order figures; and finance picture. Commissioner Cruz thanked Ms. Frederiksen for her presentation. Commissioner Hay encouraged Ms. Frederiksen to continue keeping us out of trouble. Commissioner Kelley said she will have questions, but will get with staff. City Manager Dugger said that they bumped heads when he first started, but now they work cohesively and he thanked the Finance staff. He asked for a picture with the department and the Commissioners. 5.Administrative A.Ratify Selection of Chair and Vice Chair for the Senior Advisory Board. Motion: Vice Mayor Turkin moved to approve Ratify the selection of Sandra Watson as Senior Advisory Board Chair and James Czizik as Senior Advisory Board Vice Chair. Commissioner Hay seconded the motion. The motion passed unanimously. 587 City Commission Meeting Boynton Beach, FL February 20, 2024 8 B.Ratify Selection of Chair and Vice Chair for the Community Redevelopment Advisory Board. Motion: Commissioner Kelley moved to approve Ratify the selection of Naomi Cobb as Community Redevelopment Advisory Board Chair and Courtlandt McQuire as Community Redevelopment Advisory Board Vice Chair. Commissioner Hay seconded the motion. The motion passed unanimously. C.Advisory Board Appointments. Motion: Commissioner Hay moved to appoint Ricardo Camacho as a regular member of the Education and Youth Advisory Board. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley moved to appoint Julie Carter as a regular member of the Education and Youth Advisory Board. Commissioner Cruz seconded the motion. The motion passed unanimously. 6.Consent Agenda A.Proposed Resolution No. R24-032-Approve the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 and authorize the Mayor to sign the LHAP Certification. B.Proposed Resolution No. R24-033-Approve and authorize the City Manager to sign the grant application, accept the grant, and execute all documents associated with the grant subject to the approval of the City Attorney for the Florida Boating Improvement Program Grant (FBIP) for the Phase Two -Construction of the boat ramps and dock at Pioneer Canal Park, and authorize the Project Manager from Construction Services - Public Works Department to serve as the project manager on behalf of the City. C.Proposed Resolution No. R24-034-Approve and authorize the City Manager to sign the Landscape "Maintenance of Memorandum of Agreement" (MMOA) between the City of Boynton Beach and the State of Florida Department of Transportation for Broadstone project's irrigation, landscape, and hardscape items located within the FDOT right-of-way along South Federal Hwy. 588 City Commission Meeting Boynton Beach, FL February 20, 2024 9 D.Proposed Resolution No. R24-035-Approve and authorize the City Attorney to submit a voting ballot to accept the Bankruptcy Plan and to appoint the Chairperson as special proxy to vote in favor of the Scheme at the relevant Scheme Meeting and any adjournment thereof in the matter of Endo International, PLC, et al., which will enable the City to participate in the Public Opioid Trust. E.Proposed Resolution No. R24-036-Approve and authorize the Mayor to sign the Agreement to Terminate the Economic Development Planning Interlocal Agreement between the CRA and the City for Partial Funding of Economic Development Plan Performed by Florida International University. F.Budget Status Report for FY2023 thru September 2023 (unaudited). G.Approval of purchases for over $10,000 for November and December 2023. Commissioner Hay pulled item #6A, for discussion. Motion: Commissioner Cruz moved to approve the consent agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 6A. Proposed Resolution No. R24-032-Approve the City's Local Housing Assistance Plan (LHAP) for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 and authorize the Mayor to sign the LHAP Certification. RJ Ramirez, Community Improvement Manager, spoke about the following regarding the SHIP Program and LHAP: 2024-2026 LHAP housing strategies- purchase assistance with or without rehabilitation, and owner-occupied rehabilitation; emergency repair- limited rehabilitation and Disaster assistance; rapid re-housing; and 2024-2026 LHAP Housing delivery goals chart. Commissioner Hay asked how many people are in the rapid housing program. Mr. Ramirez spoke about what was given to the organizations that help with this initiative. He mentioned the program income and the process for it. Commissioner Hay asked if the homeless clients come to us or do we seek them out. 589 City Commission Meeting Boynton Beach, FL February 20, 2024 10 Mr. Ramirez stated that they are referred to Vita Nova, and some have been directly helped because of high priorities. He mentioned Dr. Greene coming to a future meeting, to speak about the help that the County is doing with homeless, including this funding. He spoke about grants that he can use to be able to assist everyone that needs help. Motion: Commissioner Hay moved to approve the Resolution No. R24-032. Commissioner Cruz seconded the motion. The motion passed unanimously. 7.Consent Bids and Purchases over $100,000 A.Proposed Resolution No. R24-037-Authorize the City Manager to sign a 60-month agreement for the purchase of MAN (Metropolitan Area Network) connectivity services between City buildings and Internet connectivity services from Comcast Cable Communications Management, LLC for $5,764.10 a month plus taxes and fees and approve the yearly spending to Comcast Business Communications, LLC in the amount of $186,300 for the 60-months of this agreement. B.Proposed Resolution No. R24-038-Approve utilizing the City of Gainesville, Florida,Contract -RFP No. MOBX-230063-DN and authorize the City Manager to sign an agreement with NUE Urban Concepts, LLC of Palm Beach Gardens, Florida, for Consulting Services related to the development of a Mobility Plan with an estimated annual cost of $144,000. Proposed Resolution No. R24-039-Approve the Planning &Zoning Department FY 23/24 Budget Amendment for the addition of unrealized revenue totaling $30,000. Motion: Vice Mayor Turkin moved to approve the Consent Bids and Purchases over $100,000. Commissioner Cruz seconded the motion. The motion passed unanimously. 8.Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 24-002-Second Reading-An Ordinance of the 590 City Commission Meeting Boynton Beach, FL February 20, 2024 11 City of Boynton Beach, Florida repealing Sections 2-5, 2-6, and 2-7 of the City Code of Ordinances;creating a new Article in Chapter 2, Administration, Article 6, entitled "City Attorney;"providing for codification, severability, conflicts; and providing for an effective date. Motion Commissioner Cruz moved to approve Ordinance No. 24-002. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B.Proposed Ordinance No. 24-003-Second Reading -An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2. "Administration," Article IV, entitled "Purchasing & Consultants," Section 2-56(c) is hereby amended to amend the process to dispose of City -owned real property; providing for conflicts, severability,codification; and an effective date. Motion Vice Mayor Turkin moved to approve Ordinance No. 24-003. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. C.Proposed Ordinance No. 24-004-Second Reading-An Ordinance of the City of Boynton Beach, Florida, amending Chapter 2.5, "Alarm Systems," to clarify Fire Department fees for responding to excessive false alarms; providing for repeal of laws in conflict,severability, codification and an effective date. Shawna Lamb, City Attorney, stated that there was an article saying that fire alarm fees were being raised, which is false. Motion Commissioner Kelley moved to approve Ordinance No. 24-004. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. D.Proposed Ordinance No. 24-005-Second Reading-An Ordinance of the City of Boynton Beach, Florida, amending Chapter 9, "Fire Protection and Prevention," Section 9-1,"Boynton Beach Fire Code; Fire Codes Adopted," to update the City Code as required by Florida Statute when a new edition of the Florida Fire Prevention Code has been adopted; providing for repeal of laws in conflict, severability, codification and an effective date. Motion 591 City Commission Meeting Boynton Beach, FL February 20, 2024 12 Commissioner Cruz moved to approve Ordinance No. 24-005. Vice Mayor Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 9.City Manager’s Report- None A.Finance Department Presentation. This item was discussed after Public Audience. 10.Unfinished Business 11.New Business 12.Legal A.Proposed Ordinance No. 24-006-First Reading-An ordinance of the City of Boynton Beach repealing Ordinances O#37, O#47, and O#136 related to segregation. This item was discussed after 3C. 13.Future Agenda Items A.Provide update on grant funded projects in the Capital Improvement Plan, and list of CIP Projects -March 5, 2024 B.Adoption of the 2023-2028 Strategic Plan for the City of Boynton Beach -March 5, 2024 C.Discussion regarding regulations to support local businesses.-March 19, 2024 D.Discussion regarding existing regional programs and best practices to combat homelessness in the City. -March 19, 2024 E.Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD G. Discussion regarding combining City properties together to create senior affordable housing . - TBD H.Discussion regarding youth student attendance, at National League of Cities Conference, sponsored by the City.- TBD 592 City Commission Meeting Boynton Beach, FL February 20, 2024 13 I.Discussion regarding a waiver process and criteria for workforce housing projects. -TBD J.Discussion regarding infrastructure, specifically paving in the City-TBD K.Discussion regarding Town Square project- planned hotel site. -TBD 14.Adjournment Motion Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:45 P.M. CITY OF BOYNTON BEACH ATTEST: _______________________________ Maylee De Jesús, MPA, MMC City Clerk 593 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases over $100,000 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-048- Approve the Piggyback of Town of Jupiter Island/South Martin Regional Utility Contract for Continuing Well Maintenance and Rehabilitation Services and authorize the City Manager to sign the piggyback agreement between the City and Centerline Drilling, Inc. Requested Action: Staff recommends approval of Proposed Resolution No. R24-048. Explanation of Request: Agreement Term: January 23, 2023 - January 22, 2026 The agreement is effective January 23, 2023, for three (3) years with an option of two (2) one (1) year renewals upon agreement of both parties. The Utility utilizes groundwater from water wells as source water for the Water Treatment Plants. These wells require continuing well maintenance and rehabilitation services to ensure the wells are capable of producing sufficient clean water for both Water Plants to treat for meeting all drinking water regulatory standards and customer usage demands. The Utilities Department would like to piggyback the Town of Jupiter Island South Martin Regional Utility contract number ITB 2023-01 for Continuing Well Maintenance and Rehabilitation Services. The Town of Jupiter Island/South Martin Regional Utility contract meets the City of Boynton Beach procurement requirements. How will this affect city programs or services? The contract will allow for efficient and effective maintenance and operations of groundwater source wells allowing the Water Treatment Plants to meet regulatory requirements for drinking water production. Fiscal Impact: The fiscal impact will be $200,000 annually from operating account 401-2811- 536.46-50, Wells & Screens - R&M. Attachments: 594 Resolution No. R24-048- Piggy-back_-_Town_of_Jupiter__Centerline_Drilling.docx Piggyback Agreement - Centerline Drilling Inc. - Wells Rehab 02-05-24 Vendor Signed Centerline Drilling Submittal ITB 2023-01.pdf Letter and Contract Centerline Drilling.pdf Piggyback consent SMRU.pdf 595 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@3C0B4E62\@BCL@3C0B4E62.Docx RESOLUTION NO. R24-0481 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,4 APPROVING THE PIGGYBACK OF THE TOWN OF JUPITER ISLAND/SOUTH 5 MARTIN REGIONAL UTILITY CONTRACT FOR CONTINUING WELL 6 MAINTENANCE AND REHABILITATION SERVICES AND AUTHORIZING7 THE CITY MANAGER TO SIGN THE PIGGYBACK AGREEMENT BETWEEN 8 THE CITY AND CENTERLINE DRILLING, INC; AND PROVIDING AN 9 EFFECTIVE DATE.10 11 12 WHEREAS,the Utilities Department utilizes groundwater from water wells as source 13 water for the Water Treatment Plants; and14 WHEREAS, these wells require continuing well maintenance and rehabilitation services 15 to ensure the wells are capable of producing sufficient clean water for both Water Plants to treat 16 for meeting all drinking water regulatory standards and customer usage demands; and17 WHEREAS, the Department would like to piggyback the Town of Jupiter Island South 18 Martin Regional Utility contract number ITB 2023-01 for Continuing Well Maintenance and 19 Rehabilitation Services; and20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 21 the best interests of the citizens and residents of the City of Boynton to approve the Piggyback 22 of Town of Jupiter Island/South Martin Regional Utility Contract for Continuing Well 23 Maintenance and Rehabilitation Services and Authorize the City Manager to sign the piggyback 24 agreement between the City and Centerline Drilling, Inc.25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT:27 28 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2.The City Commission hereby approves the Piggyback of Town of Jupiter 32 Island/South Martin Regional Utility Contract for Continuing Well Maintenance and 33 596 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@3C0B4E62\@BCL@3C0B4E62.Docx Rehabilitation Services and authorizes the City Manager to sign the piggyback agreement 34 between the City and Centerline Drilling, Inc. A copy of the Agreement is attached hereto and 35 incorporated herein by reference as Exhibit “A.” 36 Section 3.This Resolution shall become effective immediately upon passage.37 38 PASSED AND ADOPTED this 5th day of March 2024.39 CITY OF BOYNTON BEACH, FLORIDA40 YES NO41 42 Mayor – Ty Penserga _____ _____43 44 Vice Mayor – Thomas Turkin _____ _____45 46 Commissioner – Angela Cruz _____ _____47 48 Commissioner – Woodrow L. Hay _____ _____49 50 Commissioner – Aimee Kelley _____ _____51 52 VOTE ______53 ATTEST:54 55 56 ___________________________________________________________57 Maylee De Jesús, MPA, MMC Ty Penserga58 City Clerk Mayor59 60 APPROVED AS TO FORM:61 62 (Corporate Seal)63 _______________________________64 Shawna G. Lamb65 City Attorney66 597 Piggyback Contract – Centerline Drilling, Inc. 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CENTERLINE DRILLING, INC. This Piggyback Agreement is made as of this _5_ day of March, 2024 by and between CENTERLINE DRILLING, INC., with a principal address of 1696 Old Okeechobee Road, #3C, West Palm Beach, FL 33409, hereinafter referred to as “Vendor,” and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS, SMRU / Town of Jupiter Island, a Florida Municipal Corporation, issued an “Invitation to Bid” (ITB) to solicit responses from qualified Vendors with expertise in the provision of all operations for Continuing Well Maintenance and Rehabilitation Services (“Services”); and WHEREAS, SMRU / Town of Jupiter Island found Centerline Drilling, Inc. (“Vendor”), to be the lowest responsive, responsible bidder, and awarded it a three (3) year agreement, (ITB) Bid Agreement No. 2023-01 (the “Master Agreement”), commencing January 23, 2023, with two (2) one (1) year renewal terms upon agreement of both parties; and WHEREAS, the City desires to obtain similar Continuing Well Maintenance and Rehabilitation Services (“Services”); and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain an efficient and effective maintenance for operations of groundwater source wells allowing the Water Treatment Plants to meet regulatory requirements for drinking water production within the City, the City’s Utility Department is requesting the City enter into a Piggyback Agreement with Vendor to provide Continuing Well Maintenance and Rehabilitation Services (“Services”); and WHEREAS, the Vendor has provided the City with the SMRU / Town of Jupiter Island Contract with Centerline Drilling, Inc. and billing rates for the proposed services, attached as Exhibit “A;” and 598 Piggyback Contract – Centerline Drilling, Inc. 2 WHEREAS, SMRU / Town of Jupiter Island and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “B.” NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on February 21, 2024, and will remain in effect until January 24, 2026, with two (2) one-year renewal options (“Term”). The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to complete the Services, as provided in Vendor’s Proposal attached as Exhibit “A” on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “Town of Jupiter Island” are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the Services in an annual amount not to exceed $200,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 599 Piggyback Contract – Centerline Drilling, Inc. 3 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and 600 Piggyback Contract – Centerline Drilling, Inc. 4 D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance 601 Piggyback Contract – Centerline Drilling, Inc. 5 of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days’ after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based 602 Piggyback Contract – Centerline Drilling, Inc. 6 in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow 603 604 Piggyback Contract – Centerline Drilling, Inc. 8 EXHIBIT A VENDOR’S PROPOSAL RATES 605 Piggyback Contract – Centerline Drilling, Inc. 9 EXHIBIT B AGREEMENT BETWEEN SMRU / TOWN OF JUPITER, FLORIDA AND CENTERLINE DRILLING, INC. 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 CENTERLINE DRILLING, INC. WATER WELL CONTRACTOR LICENSE #11132 1696 Old Okeechobee Road, 3-C West Palm Beach, Florida 33409 ctrlinedrilling@aol.com (561) 615-0988 Office (561) 615-3651 Fax January 23, 2024 To: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Florida 33435 Attn: Bryan Heller, MPA Centerline Drilling, Inc. agrees to allow the City of Boynton Beach to piggyback our existing contract with the Town of Jupiter Island (Bid SMRU ITB 2023-01) with the same terms, conditions, specifications, and pricing which represents our lowest contract prices we have with any other government entity within the State of Florida. If you have any questions, please do not hesitate to contact the office. Sincerely, Centerline Drilling, Inc. John Say Jr. John Say Jr. President 649 650 651 652 653 654 655 EXHIBIT A656 657 658 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases over $100,000 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Resolution No. R24-049- Approve utilizing Lake County, Florida, RFP No. 23- 524 and authorize the City Manager to sign an agreement with Tristar Claims Management Services, Inc., of Long Beach, California, for Third-Party Administration Services with an estimated annual cost of $1,200,000. Requested Action: Staff recommends approval of Proposed Resolution No. R24-049. Explanation of Request: Term: February 21, 2024 - September 30, 2024. Tristar Claims Management Services, Inc., has been awarded the Third-Party Administrator Services (TPA) from Lake County, Florida, under a continuing contract. The vendor will provide professional Third-Party Administrator Services, including but not limited to, providing TPA services for Workers' Compensation, Employers Liability, Property, and Liability, as well as providing other TPA services as needed pursuant to Lake County's procurement process, which satisfies the City's competitive solicitation requirements. The Risk Management Division is seeking consent to piggyback this contract and establish an agreement with Tristar Risk Management Services, Inc. to provide Third-Party Administration of Property and Casualty (liability, automobile, and property) claims. The initial term would commence on February 21, 2024, and will remain in effect until September 30, 2024, with two (2) optional two-year renewal options. How will this affect city programs or services? Approval will allow the City to remain in compliance with our excess insurance carriers that require third party administration of claims. Fiscal Impact: This is a budgeted item. Attachments: Boynton Beach Piggyback CSA (Lake County)(partial exec 02.26.2024).pdf Resolution No. R24-049- Piggy-back_-_Lake_County__Tristar_Claims_Management_- _Reso.docx 659 Piggyback Contract – Tristar Claims Management Services, Inc. 1 PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC. This Piggyback Agreement is made as of this __ day of February, 2024 by and between TRISTAR CLAIMS MANAGEMENT SERVICES, INC., with a principal address of 100 Oceangate, Suite 840, Long Beach, CA 90802, hereinafter referred to as “Vendor,” and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” RECITALS WHEREAS, in March 2023, Lake County, Florida, a political subdivision of the State of Florida, issued a “Request for Proposals” to solicit responses from qualified firms with expertise in the provision of Professional Third-Party Administrator Services for which it received a total of two (2) proposals; and WHEREAS, Lake County, Florida found Tristar Claims Management Services, Inc. (“Vendor”), to be the most qualified proposer with respect to cost, expertise, and relevant experience to provide the scope of services requested, and awarded it a one (1) year agreement, Agreement No. 23-524 (the “Master Agreement”), commencing October 1, 2023, with two (2) additional two-year renewal options; and WHEREAS, the City desires similar Third-Party Administrator Services; and WHEREAS, the City’s Purchasing Policy Section X – Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity’s contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain compliance with Property & Casualty requirements for the City, the City’s Risk Management Division is requesting the City enter into a Piggyback Agreement with Vendor to provide & Property & Casualty Third-Party Administration Services (“Services”); and WHEREAS, the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit “A.” 660 Piggyback Contract – Tristar Claims Management Services, Inc. 2 NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on February 21, 2024, and will remain in effect until September 30, 2024, with two (2) two-year renewal options (“Term”). The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to complete the Services, as provided on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the “Lake County, FL” are hereby replaced with the “City of Boynton Beach.” The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the Services in an annual amount not to exceed $1,200,000.00. 4. HIPAA COMPLIANCE. City has access to protected health information (“PHI”) that is subject to the requirements of 45 C.F.R. Parts 160, 162, and 164 and related regulations. VENDOR is considered by CITY to be a covered entity or business associate and is required to comply with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH”), Vendor shall fully protect individually identifiable health information as required by HIPAA or HITECH and shall execute a Business Associate Agreement in the form attached hereto as Exhibit B. The City Manager is authorized to execute a Business Associate Agreement on behalf of City. Where required, Vendor shall handle and secure such PHI in compliance with HIPAA, HITECH, and related regulations and, if required by HIPAA, HITECH, or other Applicable Law, include in its “Notice of Privacy Practices” notice of Vendor’s and City’s uses of client’s PHI. The requirement to comply with this provision, HIPAA, and HITECH shall survive the expiration or earlier termination of this Agreement. Vendor shall ensure that the requirements of this section are included in all agreements with subcontractors. 5. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 661 Piggyback Contract – Tristar Claims Management Services, Inc. 3 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 6. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service, hourly rate, and dates(s) of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 7. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 8. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 9. ATTORNEY’S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 10. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: 662 Piggyback Contract – Tristar Claims Management Services, Inc. 4 A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, 663 Piggyback Contract – Tristar Claims Management Services, Inc. 5 Florida Statutes, as amended from time to time. 12. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 13. DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 14. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 15. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen (14) calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 16. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days ’ after receipt by Vendor of written notice of such neglect or failure. 17. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors, from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor’s shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature 664 Piggyback Contract – Tristar Claims Management Services, Inc. 6 in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 18. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 19. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee for any purpose. 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT. The Agreement, including the Master Agreement, sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 665 Piggyback Contract – Tristar Claims Management Services, Inc. 7 25. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow 666 667 Piggyback Contract – Tristar Claims Management Services, Inc. 9 EXHIBIT A AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC. 668 BOARD OF COUNTY COMMISSIONERS LAKE COUNTY, FLORIDA OFFICE OF THE COUNTY MANAGER AGENDA ITEM COVER SHEET DA TE: 11/28/2023 TO: Jennifer Barker, County Manager THRU: Jim Kovacs, Office Of Human Resources & Risk Management Director BY: Amy Munday, Contracting Officer II MEETING DATE: 12/19/2023 ITEM TYPE: Consent Item ITEM ID: 28594 SUBJECT: Third Party Administrator for Workers Comp, Employer Liability, Property And Liability RECOMMENDATION/REQUIRED ACTION: Approve Recommend approval: 1. Of Contract 23-524 with Tristar Claims Management Services, Inc. (Long Beach, CA) for third party administrator services; and 2. To authorize the Office of Procurement Services to execute all supporting documentation. The estimated fiscal impact is $95 1000 (expenditure) and is within, and will not exceed, the Fiscal Year 2024 Budget. Annual expenditures will not exceed available funding in future fiscal years. BACKGROUND SUMMARY: The Office of Procurement Services, in coordination with the Office of Human Resources, issued Request for Proposal (RFP) 23-524 for third party administrator services. This solicitation allows replacement of expiring Contract 18-0016 and provides for an initial one-year term with two additional two-year terms available. Proposals were received from two vendors as shown on the attached price tabulation sheet. Evaluation of responses was conducted via formal Selection Committee (SC) procedures. The SC summary memo reflects technical factors and pricing were evaluated in compliance with the criteria within the RFP. The overall pricing associated with the recommended vendor is competitive with market pricing. Based on the County's needs and in its best interest, the recommendation is to award this contract to the highest ranked and lowest priced vendor: Tristar Claims Management Services, Inc. Fiscal Impact: $95,000 (expenditure) Account No.: Fund Name Fund Number Org Code Object Code Project Number Amount 669 I Property & Casualty j s200 10713400 1830561 Advertised Date: Paper: Attachments: 1. 23-524 Price Tabulation Sheet 2. 23-524 Selection Committee Minutes 3. Lake County WC CSA No. 23524 (partial exec 11.27.2023) STAFF APPROVALS AND DATES: Amy Munday Ron Falanga Kandace Pourbaix Jim Kovacs Sheri Hutchinson Allison Teslia Melanie Marsh Jennifer Barker Misty Spahn ACTION TAKEN BY BOARD: Created/Initiated -11/28/2023 Approved -11/28/2023 Approved -11/28/2023 Approved -11/28/2023 Approved -11/28/2023 Approved -12/4/2023 Approved -12/5/2023 Approved -12/5/2023 Final Approval -12/8/2023 1 $95,ooo.oo 1 Action: New Other: Continued/Deferred Until: 670 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA, AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC. FOR THIRD PARTY ADMINISTRATOR SERVICES RFP # 23-524 This is an Agreement between Lake County, Florida, a political subdivision of the State of Florida, herein referred to as the COUNTY, by and through its Board of County Commissioners, and TRIST AR Claims Management Services, Inc., a foreign profit corporation authorized to conduct business in the State of Florida, its successors and assigns, herein referred to as the CONSULTANT. WITNESSETH WHEREAS, the COUNTY publicly submitted a Request for Proposals (RFP) #23-524 seeking firms or individuals to provide third party administrator services for workers' compensation, employer liability, property, and liability; and WHEREAS, the CONSULTANT desires to perfonn such services subject to the tenns of this Agreement; and WHEREAS, the provision of such services will benefit the parties and the residents of Lake County, Florida. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, understandings, conditions, promises, covenants and payment hereinafter set forth, and intending to be legally bound, the parties hereby agree as follows: Article 1. Recitals. 1.1 Legal Findings of Fact. The foregoing recitals are hereby adopted as legislative findings of the Board of County Commissioners and are ratified and confirmed as being true and correct and are hereby made a specific part of this Agreement upon adoption hereof. Article 2. Purpose. 2.1 The purpose of this Agreement is for the CONSULTANT to provide professional Third-Party Administrator (TPA) services, including, but not limited to, providing TPA services for Workers' Compensation, Employer Liability, Property, and Liability, as well as providing other TPA services as needed by the COUNTY. Article 3. Scope of Professional Services. 3.1 On the terms and conditions set forth in this Agreement, the COUNTY hereby engages the CONSULT ANT to perform the services set forth herein in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit A; the CONSULTANT'S proposed solution, attached hereto and incorporated herein by reference as Exhibit B; as well as CONSULTANT'S bid response, including all addenda, attached hereto and incorporated herein by reference as Exhibit C (Composite). The CONSULTANT shall be governed by the Price Summary set forth in Exhibit D, attached hereto and incorporated herein by reference, unless such schedule is amended by mutual, written agreement of each party's project manager. 671 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 3.2 Term: This Agreement will commence following approval by the Parties, with an effective date of October 1, 2023. The term of the Agreement will be for an initial one ( 1) year tenn with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. Continuation of the Agreement beyond the initial period, and any option subsequently exercised, is a COUNTY prerogative, and not a right of CONSULTANT. This prerogative will be exercised only when such continuation is clearly in the best interest of the COUNTY. 3.3 The prices set forth in Exhibit D shall prevail for the full duration of this Agreement. Any proposed services that are not included in this Agreement shall not exceed what is a reasonable and customary rate for this area. The CONSULTANT shall maintain, for the entirety of this Agreement the same prices, terms, and conditions included within this Agreement. The Agreement remains in effect until completion of the expressed and implied warranty periods. The COUNTY reserves the right to negotiate for additional services/items similar in nature not known at the time of solicitation. 3.4 Open Quantity Contract: CONSULTANT agrees that this Agreement will be an open quantity contract. The COUNTY does not guarantee to CONSULTANT any minimum amount of work throughout the term of this Agreement. Furthermore, CONSULTANT agrees and acknowledges that in the event CONSUL TANT cannot meet the COUNTY'S specifications, including, but not limited to time, for completion or cost for individual project, that the COUNTY reserves the sole right to offer the individual project to the COUNTY'S other consultant(s). 3.5 Retaining Other Consultants. The CONSULTANT shall coordinate and work with any other consultants or consultants retained by the COUNTY, as necessary to perfonn the Services under this Agreement. The CONSULTANT acknowledges that nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the CONSULT ANT or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. 3.6 Purchase of Other Services. While the COUNTY has listed all major services which are utilized by the COUNTY'S related to this Agreement, there may be similar or ancillary items that must be purchased by the COUNTY during the tenn of this Agreement. Under these circumstances, a COUNTY representative will contact CONSULTANT to obtain a price quote for the similar or ancillary items. The COUNTY reserves the right to award these ancillary items to CONSULTANT, another vendor, or to acquire the items through a separate solicitation. 3.7 The Business Associate Agreement, attached hereto and incorporated herein shall govern all matters necessary to enforce the provisions of the HIPPA Privacy and Security Rules 45 CFR Parts 160, 162, and 164, as applicable to this Agreement, attached hereto and incorporated herein as Exhibit E. Article 4. Payment. 4.1 Payment shall be made in accordance with the Price Summary as attached in Exhibit D. It is agreed that rates provided by the CONSULTANT shall include all costs associated with performance of the contract including travel and out-of-pocket expenses. 4.2 Payments shall be tendered in accordance with the Florida Local Government Prompt Payment Act, Part VII, Chapter 218, Florida Statutes. The COUNTY will remit full payment on all undisputed invoices within forty-five (45) days from receipt by the appropriate COUNTY using department. The COUNTY will pay interest not to exceed 1 % per month on all undisputed invoices not paid within thirty (30) days after the due date. Page2 of74 S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Party Administrator Svs _ TriStar_ final_ 11.17.2023 .docx 672 AGREEMENT I.IETWEEN LAKE COUNTY, FLOIUDA AND TRJSTAR CLAIMS MANAGEMENT SERVI CES, I NC., FOR n1mo PARTY ADMINISTRATOR SERV I CES; RFP #23-524 4.3 Invoices. A. The CONSULTANT shall submit in voices to the COUNTY user department at humanresources@lakecountyfl.gov, or a directed by the using department. Payment of all such invoices shall be subject to formal acceptance of the related work by the COUNTY. In addition to the general invoice requirements set forth below, the invoices shall reference, as applicable, th e corresponding work assignment and related acceptance document that was s igned by an authorized representative of the COUNTY user department at the time the service and /or work product were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the goods or services. Under no circumstances s hall the invoices be submitted to the COUNTY in advance of the delivery and acceptance of the items. B. All invoices shall contain the conh·act and/or purchase order number, date and location of delivery or service, and confinnation of acceptance of the goods or services by the apprnpriate COUNTY representative. Failure to submit invoices in the prescribed manner will delay payment, and the CONSULT ANT may be cons idered in default of this Agreement and this Agreement may be tenninated. 4.4 Improper Payment Requests and Invoice Disputes . Imprope r payment requests or invoices submitted by the CONSULTANT shall be resolved as provided for in the Florida Local Government Prompt Payment Act, Section 218.76, Florida Statutes. 4.5 Other than the payment schedule set forth in Exhibit D, the CONSULT ANT shall not be entitled to payment for any expenses, fees, or other costs it may incur at any time and in any connection with its perfonnance hereunder. Article 5. COUNTY'S Responsibilities 5.1 The COUNTY shall promptly review the deliverables and other materials submitted by the CONSULT ANT and provide direction to the CONSULT ANT as needed. The COUNTY shall designate one (l) COUNTY staff member to act as the COUNTY'S Project Manager. 5.2 The COUNTY shall pay th e CONSULTANT, in accordance with Article 4 above for services timely submitted, approved, and accepted by the COUNTY in accordance with the tenns of this Agreement. A1·ticle 6. CONSULT ANT'S Responsibilities 6.1 The CONSULTANT shall perfonn the work described in the Scope of Work, attached and incorporated by reference herein as Exhibit A; the CONSULTANT'S proposed solution , attached and incorporated by reference herein as Exhibit B ; and CONSULTANT'S bid submittal and all addenda, and incorporated by reference herein as Exhibit C (Composite). 6.2 The CONSULTANT shall assign the proj ect personnel proposed and resources desc ribed in its subm ittal to the COUNTY'S RFP to fulfill this Scope of Services unless th e COUNTY agrees to substitutions. 6.3 The CONSUL TANT shall manage all sub-consultants to fulfill the Scope of Services. 6.4 The CONSULTANT shal l provide all deliverables in fonnat(s) as specified by the COUNTY. Page 3 of74 S:\DOCU MENl\2023\PROCUR EMENT\23-524 TPA for Workers Comp\23-524_ 111ird Pa11y Admi nistrator Svs_T1iStar_fina!_l l .17.2023.docx 673 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 Article 7. Special Terms and Conditions 7.1 Qualifications. All finns or individuals will be registered with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. CONSULTANT shall be responsible for ensuring that all firms or individuals working under this Agreement have obtained at least the minimum thresholds of education and professional experience required by the statutes to perform the work required under this Agreement. 7.2 Health Information Confidentiality. A. The CONSULTANT shall not use or disclose health information obtained from the COUNTY'S group health plan in a manner inconsistent with the conditions in the COUNTY'S agreement with the group health plan. The COUNTY will provide the CONSULT ANT with the applicable group health plan agreement upon request. B. The CONSULTANT shall execute the Business Associate Agreement, attached hereto and incorporated herein by reference as Exhibit E, pursuant to the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191) (codified at 42 U.S.C. Section 1320d, et. seq.), and regulations contained in 45 C.F.R. Parts 160 and 164. C. If the CONSULTANT obtains any information governed by 42 U.S.C. Section 290dd-2 and the regulations implemented by the Substance Abuse and Mental Health Services Administration at 42 C.F.R. Part 2 (collectively referred to as the "SAMHSA regulations"), whether from the COUNTY or another source, while providing services to the COUNTY under this Agreement, the CONSULTANT shall only use or disclose that information pursuant to the SAMHSA regulations. D. The CONSULTANT will also comply with any and all laws under the State of Florida governing the confidentiality of health infonnation, including, but not limited to, records or other documents containing medical, mental health, or substance abuse infonnation. In the event the COUNTY determines that the CONSULT ANT has failed to comply with laws, rules, and regulations governing confidential health information, the COUNTY may tenninate this Agreement for cause. 7.3 Termination. The COUNTY reserves the right to terminate this Agreement, in part, or in whole, or affect other appropriate remedy in the event the CONSULTANT fails to perfonn in accordance with the terms and conditions stated herein. The COUNTY further reserves the right to suspend or debar the CONSULTANT in accordance with COUNTY ordinances, resolutions, and/or administrative orders. The CONSULTANT will be notified by a written letter of the COUNTY'S intent to tenninate with a thirty (30) days' notice and an appropriate time period to cure any such breach. In the event of tennination for default, the COUNTY may procure the required goods and/or services from any source and use any method deemed in its best interest. A. Tennination for Convenience. This Agreement may be tenninated by either party upon thirty (30) calendar days' written notice to the other party; but if any work, service or task under this Agreement is in progress but not completed on the date of tennination, then this Agreement may be extended upon written approval of the COUNTY until the work, service, or task is completed and accepted. In the event this Agreement is tenninated or cancelled upon the request and for the convenience of the COUNTY with the required thirty (30) calendar days' written notice, the COUNTY will reimburse the CONSULTANT for actual work satisfactorily completed. Page4 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_Third Party Administrator Svs_TriStar_final_l l.17.2023.docx 674 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 B. Termination for Cause. This Agreement may be tenninated by either party due to a party's breach of a material term of this Agreement, but only after the non-breaching party has provided breaching party with ten (10) calendar days' written notice for the breaching party to cure the breach and the party's failure to cure the breach within that ten (10) day time period. If any work, service or task under this Agreement is in progress but not completed on the date of tennination, then this Agreement may be extended upon written approval of the COUNTY until the work, service, or task is completed and accepted. C. Tennination Due to Unavailability of Funds in Succeeding Fiscal Years. When funds are not appropriated or otherwise made available to support continuation of perfonnance in a subsequent fiscal year, this Agreement will be terminated immediately upon written notice by the COUNTY to the CONSULT ANT and the CONSULT ANT will be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the services/tasks provided under this Agreement. 7.4 Liquidated Damages. If any part of the Service is not completed by the CONTRACTOR in accordance with this Agreement and within the applicable time period, the CONTRACTOR shall pay Two Hundred Fifty and 00/100 Dollars ($250.00) for each day that any part of the Service is not completed by the CONTRACTOR. The COUNTY may deduct any amount due under this provision from the applicable invoice from the CONTRACTOR. 7.5 Subcontracting. This Agreement shall not be subcontracted except with the written consent of the COUNTY'S Procurement Services Director. No such consent shall be construed as making the COUNTY a party to the subcontract or subjecting the COUNTY to liability of any kind to any subconsultant. No subcontract shall under any circumstances relieve the CONSULTANT of liability and obligations under this Agreement and all transactions with the COUNTY must be through the CONSULTANT. Subcontracting without the prior consent of the COUNTY may result in termination of the Contract for default. 7.6 Indemnity. The CONSULTANT will indemnify and hold harmless COUNTY, its officers, employees, and agents from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of CONSULTANT, its personnel, employees, and other person utilized by CONSULTANT in the perfonnance of this Agreement, including without limitation negligent acts and errors or omissions that result in material cost increases to COUNTY. The COUNTY reserves the right to defend itself with its own counsel or retained counsel at CONSULTANT'S expense. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph or be deemed to affect the rights, privileges, and immunities of COUNTY as set for in Section 768.28, Florida Statutes. 7.7 Independent Contractor. The CONSULTANT agrees that it shall be acting as an independent contractor and shall not be considered or deemed to be an agent, employee, joint venturer, or partner of the COUNTY. The CONSULT ANT shall have no authority to contract for or bind the COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as otherwise authorized to act for or on behalf of the COUNTY. Additionally, the CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONSULT ANT any fee, Page5 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524 __ Third Party Administrator Svs __ TriStar __ final __ l l .17.2023.docx 675 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 7.8 Ownership of Deliverables. The CONSULTANT agrees all deliverables under this Agreement, and other data generated or developed by the CONSULT ANT under this Agreement or furnished by the COUNTY to the CONSULTANT shall be and remain the property of the COUNTY, including any applicable copyrights. The CONSULTANT shall perform any acts that may be deemed necessary or desirable by the COUNTY to evidence more fully transfer of ownership of all deliverables to the COUNTY. Additionally, the CONSULT ANT hereby represents and warrants that it has full right and authority to perfonn its obligations specified in this Agreement. 7.9 Return of Materials. Upon the request of the COUNTY, but in any event upon tennination of this Agreement, the CONSULTANT shall surrender to the COUNTY all memoranda, notes, records, drawings, manuals, computer software, and other documents or materials pertaining to the services hereunder, that were furnished to the CONSULTANT by the COUNTY pursuant to this Agreement. 7.10 Changes in the Scope of Services. A. The COUNTY may at any time, by written change order, in accordance with the COUNTY'S Purchasing Policy and Procedures, increase or decrease the scope of the work. For changes in work requested by the CONSULT ANT, the CONSULT ANT must prepare and submit change order requests for the COUNTY'S approval. Each change order will include time and monetary impacts of the change, whether the change order is considered alone or with all other changes during the course of the Service. Both the COUNTY and the CONSULT ANT must execute the change order for the order to become effective. B. The value of such extra work or change will be determined by the contract unit values, if applicable unit values are set forth in this Agreement. The amount of the change will be computed from such values and added to or deducted from the Agreement price. C. If the COUNTY and the CONSULT ANT are unable to agree on the change order for a requested change, the CONSULTANT shall, nevertheless, promptly perform the change as directed in writing by the COUNTY. If the CONSULTANT disagrees with the COUNTY'S adjustment determination, the CONSULT ANT must make a claim pursuant to the Claims and Disputes section in this Agreement, or else be deemed to have waived any claim on this matter the CONSULTANT might have otherwise had. D. For work not contemplated by the original Agreement where the Project Manager detennines the CONSULT ANT is best suited to complete the work, CONSULT ANT may complete the work under a time-and-materials agreement, as provided herein. Consultant's quote to complete the additional work will be limited to (i) the CONSUL TANT' S reasonable direct material costs and reasonable actual equipment costs as a result of the change and (ii) direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. In such case, the CONSUL TANT will keep and present to the COUNTY an itemized accounting together with appropriate supporting data for the total cost incurred. In the event such changed work is perfonned by a subconsultant, additional work will be limited to (i) the subconsultant's reasonable direct material costs and reasonable actual equipment costs as a result of the change and (ii) direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit. CONSULTANT may charge appropriate reasonable direct hourly costs related to overseeing and subcontracting the work. All compensation due the CONSULTANT and any subconsultant for field and home office overhead is included in the markups listed above. Payment to CONSULTANT will be limited to the amount quoted by the CONSULT ANT for the additional work, which the CONSULT ANT exceeds at its own risk. Page 6 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_ Third Patty Administrator Svs_ TtiStar_final_ 11.17 .2023.docx 676 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 E. The COUNTY will not be liable to the CONSULTANT for any increased compensation in the absence of a written change order executed in accordance with the COUNTY's policy. The payment authorized by such a change order will represent full and complete compensation to the CONSULT ANT for labor, materials, incidental expenses, overhead, profit, impact costs and time associated with the work authorized by such change order. F. Execution by the CONSULT ANT of a properly authorized change order will be considered a waiver of all claims or requests for additional time or compensation for any activities prior to the time of execution related to items included in the change order. G. Upon receipt of an approved change order, changes in the Scope of Services must be promptly perfonned. All changes in work must be performed under the tenns and conditions of this Agreement. H. Change orders will not be issued for incidental items or tasks that should have been reasonably construed to be part of the project by the CONSULT ANT. 7.11 Claims and Disputes. A. CONSULTANT shall proceed diligently with its perfonnance as directed by the COUNTY, regardless of any pending claim, action, suit, or administrative proceeding, unless otherwise agreed to by the COUNTY in writing. The COUNTY shall continue to make payments on the undisputed portion of the contract in accordance with this Agreement during the pendency of any claim. B. Claims by CONSULTANT will be resolved in the following manner: (1) Upon receiving the claim and supporting data, COUNTY will within fifteen (15) calendar days respond to the claim in writing stating that the claim is either approved or denied. If denied, the COUNTY will specify the grounds for denial. CONSULTANT will then have fifteen (15) calendar days in which to provide additional supporting documentation, or to notify the COUNTY that the original claim stands as is. (2) If the claim is not resolved, the COUNTY may, at its option, choose to submit the matter to mediation. A mediator will be mutually selected by the parties and each patty will pay one-half (1/2) the expense of mediation. If the COUNTY declines to mediate the dispute, CONSULTANT may bring an action in a court of competent jurisdiction in and for Lake County, Florida. C. Claims by the COUNTY against CONSULTANT must be made in writing to the CONSULTANT as soon as the event leading to the claim is discovered by the COUNTY. Written supporting data will be submitted to CONSULT ANT. All claims will be priced in accordance with the section titled "Changes in the Scope of Services" within this Agreement. CONSULTANT shall respond in writing within fifteen (15) calendar days of receipt of the claim. If the claim cannot be resolved, the COUNTY may submit the matter to mediation as set forth in (C) above. D. Arbitration will not be considered as a means of dispute resolution. 7.12 Retaining Other Consultants. Nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those Page 7 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 Tl' A for Workers Comp\23-524_ Third Pmty Administrntor Svs _ TriStar_final_ 11.17 .2023.docx 677 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 undertaken by the CONSULTANT or from independently developing or acquiring materials or programs that are similar to, or competitive with, the services provided under this Agreement. 7.13 Accuracy and Standard of Care. CONSULTANT is responsible for the professional quality, technical accuracy, timely completion, and coordination of all the services furnished hereunder. CONSUL TANT shall, without additional compensation, correct or revise any errors or omissions in its designs, drawings, reports, or other services due to CONSULTANT'S negligence or causes within CONSULTANT'S reasonable control. The standard of care for all professional consulting and related services performed or furnished by CONSULT ANT and its employees under this Agreement shall be the care and skill ordinarily and reasonably used by members of CONSULT ANT'S profession practicing under the same or similar circumstances. 7.14 Codes and Regulations. All work completed under this Agreement shall confonn to all applicable federal, state and local statutes, codes, regulations and ordinances. 7.15 Truth in Negotiations. Pursuant to Section 287.055, Florida Statutes, the contract pricing and any additions will be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments will be made within one ( 1) year following the end of the Agreement. 7.16 Public Entity Crimes. Pursuant to Section 287. l 33(2)(a), Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction of 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 nor shall such person or affiliate be awarded or perform work as a CONSULTANT, supplier, subconsultant, or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.17 Prohibition Against Contingent Fees. The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULT ANT, to solicit or secure this Agreement, and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 7.18 Non-Collusion. The CONSULTANT, by entering into this Agreement, further certifies that the offer made during the solicitation process, the prices provided to the COUNTY were arrived at independently, without collusion, communication, or agreement, for the purpose of restricting competition with any other consultant, bidder, or potential bidder, and in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid. No attempts were made to solicit, cause, or introduce any other firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this finn, or any intentionally high or non-competitive bid or other form of complementary bid. Should the COUNTY, at any time during the tenn of this Agreement, become aware of collusive acts by the CONSULTANT in submitting their bid, the COUNTY reserves the right to tenninate this Agreement without cost or penalty to the COUNTY. 7.19 Certification Regarding Scrutinized Companies. The CONSULTANT hereby certifies that, pursuant to Section 287.135, Florida Statutes, it is not listed on the Scrutinized Companies that Boycott Israel and is not participating in a boycott of Israel. The CONSUL TANT understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject it to civil penalties, Page 8 of74 S :\DOCUMENl\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 __ Third Party Administrator Svs __ Tri Star __ final __ 11.17.2023 .docx 678 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 attorneys' fees, and costs. The CONSULTANT further understands that any contract with the COUNTY for goods or services may be terminated at the option of the COUNTY if the CONSULT ANT is found to have submitted a false certification or has been listed on the Scrutinized Companies that Boycott Israel list or is participating in a boycott of Israel. 7.20 Florida Convicted/Suspended Vendor Lists. By executing this Agreement CONSULTANT affinns that it is not currently listed in the Florida Department of Management Services Convicted/Suspended Vendor List. 7.21 Discriminatory Vendor List. As provided by Section 287.134, Florida Statutes, a contractor 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. By entering into this Agreement, CONSULT ANT affirms that CONSULTANT is not on the Discriminatory Vendor List and will ensure that any subcontractors retained for performance under this Agreement are not listed on the Discriminatory Vendor List. 7.22 Antitrust Violator Vendor List. As provided by Section 287 .13 7, Florida Statutes, a contractor 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 for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new 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 new leases of real property to a public entity; may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. By entering into this Agreement, CONSULTANT affinns that CONSULTANT is not on the Antitrust Violator Vendor List and will ensure that any subcontractors retained for performance under this Agreement are not listed on the Antitrust Violator Vendor List. 7.23 Foreign gifts and contracts. Pursuant to Section 286.101, Florida Statutes, CONSULTANT shall disclose to the COUNTY any current or prior interest of, any contract with, or any grant or gift received by a foreign country of concern if such interest, contract, or grant or gift (1) had a value of $50,000 or more and (2) such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous five ( 5) years. Foreign country of concern is defined in Section 286.101 ( 1 )(b ), Florida Statutes, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern. CONS ULT ANT'S disclosure must include the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date oftennination of the contract or interest, the date ofreceipt of the grant of gift, and the name of the agent or controlled entity that is the source or interest holder. The COUNTY may request records relevant to a reasonable suspicion that a disclosure has not been made and the CONTRACTOR shall provide the required records within 30 days of the COUNTY making such request, or at a later time as agreed to by the Parties. 7.24 Contracting with foreign entities of concern. Pursuant to Section 287.138, Florida Statues, for contracts where vendor may have access to personal identifying information, vendor certifies to the County by entering this Agreement that (1) vendor is not owned by a government of a foreign country of concern; (2) a government of a foreign country of concern does not have a "controlling interest" in vendor, as defined Page 9 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524 _ Third Party Administrator Svs_ TriStar _final_ 11.17 .2023.docx 679 AGREEMENT BETWEEN L A K E COUNTY, FLOIUDA AND TRISTAR CLAIMS MANAGEMENT SERVI CES, I NC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 by Section 287.138(I)(a), Florida Statutes; and (3) vendor is not organized w1der the law of nor has its principal place of business in a foreign counh-y of concern. For the purposes of this section, foreign country of concern means the Peop le's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republi c of C ub a, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern, as defined in Section 287 .138( 1 )(c), Florida Statutes. 7.25 Minimum Wage: The wage rate paid to all laborers, mechan ics and apprentices employed by the CONSUL TANT for the work under the Agreement will not be less than the preva iling wage rates for similar classifications of work as establ ished by the federal government and enforced by the U.S. Depa1tment of Labor, Wages and Hours Division, and F lorida's Minimum Wage requirements in Article X, Section 24(f) of the Florida Constitution and enforced by the Florida Legislature by statute or the State Agency fo r Workforce Innovation by rule, whichever is higher. 7 .26 Right to Audit. The COUNTY reserves the right to require the CONSULT ANT to s ubmit to an audit by any auditor of the COUNTY 'S choosing. The CONSULTANT shall provide access to al l of its records, which relate directly or indirectly to th is Agreement at its place of business during regular business hours. The CONSULT ANT shall retain all records pertaining to this Agreement and upon request make them avai lable to the COUNTY for three (3) years following expiration of the Agreement, or for such time as set forth in the F lorida Department of State, Division of Library and Infonnation Services, General Records Schedule GS 1-SL, a copy of which can be found at this link: https://files.floridados .gov/media/703328/gsl-sl-2020.pdf, whichever is longer. The CONSUL TANT agrees to provide such assistance as may be necessary to fac ilitate the review or audit by the COUNTY to ensure compliance with applicable accounting and financial standards. A. If the CONSULT ANT provides technology services, the CONSULT ANT must provide Statement of Standards for Attestations Engagements (SSAB) 16 or 18 and System and Service Organization Control (SOC) reports upon request by the COUNTY. The SOC reports must be full Type II reports that include the CONSULTANT'S description of control processes , and the independent auditor's evaluation of the design and operating effectiveness of controls. The cost of the repo1ts will be paid by the CONSULTANT. B. If an audit inspection or examination pursuant to this section discloses overpricing or overcharges of any nature by the CONSULTANT to the COUNTY in excess of one percent (1 %) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the C OUNTY 'S audit mus t be re imbursed to the COUNTY by the CONSUL TANT. Any adjustments or payments which must be made as a result of any such audit or inspection of the CONSULTANT'S invoices or records must be made within a reasonable amount of ti me, but in no event may the time exceed ninety (90) calendar days, from presentation of the COUNTY'S audit findings to the CONSULTANT. C. This provision is hereby considered to be included within, and applicable to, any subconsul tant contract entered into by the CONSULT ANT in perfonnance of any work under this Agreement. 7.27 Public Records. A. All electronic files, audio and video recordings, and all papers pertaining to any activity perfonned by the CONSULTANT for or on behalf of the COUNTY wil l be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each fi le and all papers pertaining to any activities performed for or on behalf of th e COUNTY are public Page 10 of74 S:\DOCUMEN1'2023\PROCUREM ENT\23-524 TPA for Workers Co mp\23-524_TI1ird Party Admini strato r Svs_ TriSta r_final _l l.17.2023 .docx 680 AGRE EMENT BETWEEN LAKE COUNT Y, FLORIDA AND T RISTAR CLAI M S MANAGEMENT S ERVI CES, I NC., FO R T HIRD P ARTY ADMJNI STRATOR SERVlCES; RFP#23-524 records avai lable for inspection by any person even if the file or paper resides in the CONSULTANT'S office or facility. The CONSUL TANT will maintain the files and papers for not less than three (3) complete calendar years after the Ser vice has been completed or term inated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of th is Agreement, the CONSULTANT will appoint a records custodian to handle any records request and provide the custodian's name and telephone numbers to the COUNTY'S Project Manager. 8. Pursuant to Section l l 9.0701, Florida Statutes, CONSULT ANT will comply with the Florida Public Records' laws, and wil l: 1. Keep and maintain public records required by the COUNTY to perfom1 the services identified herein. 11. Upon request from the COUNTY'S cust odian of public records, provide the COUNTY 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 for by law. 111. Ensure that public records that are exempt or confidential and exempt from publi c records disclosure requirements are not disclosed except as authorized by law for the duration of the contract te1m and follow ing completion of the contract if the CONSULT ANT does not transfer the records to the COUNTY. 1v. Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONSULT ANT or keep and maintain public records required by the COUNTY to perfonn the service. If CONSULT ANT transfers all public records to the COUNTY upon completion of the contract, CONSULT ANT will destroy any duplicate publi c records that are exempt, or confidential and exempt, from public records disclosure requirements. If CONSUL TANT keeps and maintains public records upon completion of the Agreement, CONSULTANT will meet all applicable requirements for retaining public records. All records stored electronica lly must be provided to the COUNTY, upon request from the COUNTY'S custodian of pu b lic records, in a format that is compatible with the infonnation technology systems of the COUNTY. c. IF CONSULTANT HAS QUESTIONS REGARDING T HE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONSULTANT'S DUT Y TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PU BLIC RECORDS AT LAKE COUNTY OFFICE OF PROCUREMENT SERVICES, 315 WEST MAIN STREET, P.O. BOX 7800, TAVARES, FL 32778 OR AT 352 -343-9424 OR VIA EMAIL AT PURCHASING@LAKECOUNTYFL.GOV. D. Failure to comply with this subsection wi ll be deemed a breach of the contract and enforceable as set forth in Section 119.070 1, Flori da Statutes. E. Unless otherwise provided, CONSULT ANT shall maintain substantiati ng records as required by the State of Florida, General Records Schedule GS 1-SL ("Schedule") for State and Local Government Agencies. If CONS ULT ANT receives notification of a dispute or the commencement of Page 11 of74 S:\DOCUMENT\2023\p ROCU REMENT\23 -524 TPA for Workers Comp\23 -524_ TI1ird Paity Administrator Svs_ TriStar_final _l l.17.2023.docx 681 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 litigation regarding the Project within the time specified in the Schedule, the CONSULTANT shall continue to maintain all service records until final resolution of the dispute or litigation. F. Requests to inspect or copy public records relating to the COUNTY'S Agreement for services must be made directly to the COUNTY. If CONSULTANT receives any such request, CONSULT ANT shall instruct the requestor to contact the COUNTY. If the COUNTY does not possess the records requested, the COUNTY shall immediately notify the CONSULTANT of such request, and the CONSULT ANT must provide the records to the COUNTY or otherwise allow the records to be inspected or copied within a reasonable time. G. CONSULTANT acknowledges that failure to provide the public records to the COUNTY within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. CONSULT ANT further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the COUNTY. CONSULTANT shall indemnify, defend, and hold the COUNTY harmless for and against any and all claims, damage awards, and causes of action arising from the CONSUL TANT' S failure to comply with the public records disclosure requirements of Section 119.07(1), Florida Statutes, or by CONSULTANT'S failure to maintain public records that are exempt or confidential and exempt from the public records disclosure requirements including, but not limited to, any third paiiy claims or awards for attorney's fees and costs arising therefrom. CONSULTANT authorizes COUNTY to seek declaratory, injunctive, or other appropriate relief against CONSULT ANT from a Circuit Court in Lake County on an expedited basis to enforce the requirements of this section. 7.28 Insurance. A. CONSULT ANT will purchase and maintain at all times during the term of this Agreement, without cost or expense to the COUNTY, policies of insurance as indicated below, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring the CONSULT ANT against any and all claims, demands, or causes of action, for injuries received or damage to property relating to the performance of duties, services, ot obligations of the CONSULTANT under the tenns and provisions of the Agreement. An original certificate of insurance, indicating that CONSUL TANT has coverage in accordance with the requirements of this section must be received and , accepted by the COUNTY prior to contract execution or before any work begins. It will be furnished by CONSULTANT to the COUNTY'S Project Manager and Procurement Services Director within five (5) working days of such request. The parties agree that the policies of insurance and confirming certificates of insurance will insure the CONSULTANT in accordance with the following minimum limits: i. General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate ................. $1,000,000/2,000,000 Products-Completed Operations .......................................... $2,000,000 Personal & Adv. Injury ....................................................... $1,000,000 Fire Damage ............................................................................. $50,000 Medical Expense ........................................................................ $5,000 Contractual Liability ............................................................... Included ii. Automobile liability insurance, including owned, non-owned, and hired autos with the minimum Combined Single Limit of $1,000,000 Page 12 of74 S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Patty Administrator Svs _ TriStar_ final_ 11.17.2023 .docx 682 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC,, FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP#23-524 iii. Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and any other applicable law requiring workers' compensation (Federal, maritime, etc.). iv. Employers Liability with the following minimum limits and coverage: Each Accident ............................................... $1,000,000 Disease-Each Employer ................................. $1,000,000 Disease-Policy Limit ..................................... $1,000,000 v. Professional liability and specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) as applicable, with minimum limits of $1,000,000 and annual aggregate of $2,000,000. B. Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, will be named as additional insured as their interest may appear all applicable policies. Certificates of insurance must identify the RFP or ITB number in the Description of Operations section on the Certificate. C. CONSULTANT must provide a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the required insurance. D. Certificates of insurance must evidence a waiver of subrogation in favor of the COUNTY, that coverage must be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium by the COUNTY. E. CONSULTANT must provide a copy of all policy endorsements, reflecting the required coverage, with Lake County listed as an additional insured along with all required provisions to include waiver of subrogation. Contracts cannot be completed without this required insurance documentation. A certificate of insurance (COI) will not be accepted in lieu of the policy endorsements. F. Certificate holder must be: LAKE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES, FL 32778-7800 G. All self-insured retentions will appear on the certificates and will be subject to approval by the COUNTY. At the option of the COUNTY, the insurer will reduce or eliminate such self-insured retentions; or CONSULT ANT will be required to procure a bond guaranteeing payment of losses and related claims expenses. H. The COUNTY will be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention will be the sole responsibility of the CONSULT ANT or subconsultant providing such insurance. I. CONSULTANT will be responsible for subconsultants and their insurance. Subconsultants are to provide Certificates oflnsurance to the COUNTY evidencing coverage and tenns in accordance with the CONSULTANT'S requirements. Page 13 of74 S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Party Administrator Svs _ Tri Star_ final_ 11.17.2023 .docx 683 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 J. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. K. Neither approval by the COUNTY of any insurance supplied by CONSULTANT, nor a failure to disapprove that insurance, will relieve CONSULTANT offull responsibility ofliability, damages, and accidents as set forth herein. 7.29 Federal and/or State Clauses, Tenns, and Conditions. Although COUNTY funding is currently considered the primary source for funding tasks under this Agreement, any purchase action may come to be supported in whole or in part by Federal and/or State funding. Therefore, this Agreement may include provisions related to various specific federal and/or state requirements. All such clauses shall be considered and treated as "flow-down" clauses that shall be considered applicable to any prime contract and any subcontract associated with perfonnance under this Agreement. 7.30 E-Verify. The CONSULTANT shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of all persons employed by the CONSUL TANT during the tenn of this Agreement to perform employment duties within Lake County; and all persons, including subconsultants, assigned by the CONSULTANT to perform work pursuant to this Agreement. 7.31 Conflict of Interest. The CONSULTANT hereby certifies that no officer, agent, or employee of the COUNTY has any material interest, as defined in Chapter 112, Florida Statutes, either directly or indirectly in the CONSULTANT as a business entity, and that no such person shall have any such interest at any time during the tenn of this Agreement unless approved in writing by the COUNTY upon consultation with its attorney. 7.32 Key Personnel. The CONSULTANT agrees that each person listed or referenced in the qualifications package shall be available to perfonn the services described herein for the COUNTY barring illness, accident, or other unforeseeable events of a similar nature in which case the CONSULT ANT must be able to promptly provide a qualified replacement. In the event the CONSULT ANT desires to substitute personnel, the CONSULTANT shall propose a person with equal or higher qualifications and each replacement person is subject to prior written approval of the COUNTY. In the event the requested substitute is not satisfactory to the COUNTY and the matter cannot be resolved to the satisfaction of the COUNTY, the COUNTY reserves the right to tenninate this Agreement. 7.33 Grant Funding. In the event any part of this Agreement is to be funded by federal, state, or other local agency monies, the CONSULT ANT hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms, women's business enterprises, and labor surplus area firms. Payments under this Agreement may be withheld pending completion and submission of all required fonns and documents required of the CONSULT ANT pursuant to the grant funding requirements. 7.34 Certificate of Competency/Licensure, Pennits, and Fees. The CONSULTANT shall, at all times during the term of this Agreement, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying all persons, finns, corporations or joint ventures performing the work described herein. If work for other trades is required in conjunction with this Agreement and will be performed by a sub-consultant(s) or vendor(s) hired by the CONSULTANT, an applicable Certificate of Competency/license issued to the sub-consultant(s)/hired vendor(s) shall be submitted by the CONSULTANT to the COUNTY prior to beginning the relevant work; provided, however, that the COUNTY may at its option and in its best interest allow the CONSULTANT to supply Page 14 of 74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_ Third Patty Administrator Svs_ TriStar_fmal_l l .17 .2023.docx 684 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 the subconsultant(s)/hired vendor(s) certificate/license to the COUNTY during the pendency of the work being performed. The CONSULTANT is responsible to ensure that all required licenses, permits, and fees (to include any inspection fees) required for this Project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the COUNTY or the CONSULTANT for failure to obtain required licenses, pennits, inspection or other fees, or inspections shall be borne by the CONSULTANT. 7.35 Acceptance of Services. Each assignment shall be inspected by an authorized representative of the COUNTY. This inspection shall be performed to determine acceptance of work, appropriate invoicing, and warranty conditions. There may be other acceptance requirements which will be outlined at the time each individual assignment is agreed upon. A. If the COUNTY staff finds major errors or corrections to a report, those requiring more than one ( 1) hour of COUNTY staff time, then the COUNTY reserves the right to seek reimbursement for actual time spent. B. The CONSULTANT shall not assess any additional charges for any confonning action taken by the COUNTY under this clause. The COUNTY will not be responsible to pay for any product or service that does not conform to the specifications in this Agreement or Purchase Order. C. In the event that the service does not confonn to the specifications, the COUNTY reserves the right to terminate this Agreement and will not be responsible to pay for any such service. D. If the CONSULTANT fails to timely and appropriately correct the defective service, the COUNTY reserves the right to procure replacement services on the open market. The CONSULTANT shall be responsible for any increase in cost incurred by the COUNTY in obtaining replacement services. Any cost incurred by the COUNTY in any re-procurement plus any increased product or service cost will be withheld from any monies owed to the CONSULT ANT by the COUNTY for any Contract or financial obligation. 7.36 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder, but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with revisions to Government law or regulation, acts of nature, acts or omissions of the other party, fires, strikes, national disasters, wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause may be cause for appropriate extension of the performance period. A party that becomes aware of a force majeure that will significantly delay performance will notify the other party promptly, within fifteen (15) calendar days, after if discovers the force majeure. If a force majeure occurs, the parties may execute a contract modification or change order to extend the performance schedule or make accommodations that are reasonable under the circumstances. 7.37 Disadvantaged Businesses. The County has adopted policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. The County encourages joint ventures between majority-owned firms and qualified disadvantaged/minority/women-owned finns. 7.38 Social, Political, or Ideological Interests. Per Section 287.05701, Florida Statutes, the COUNTY will not consider or request documentation of a vendor's social, political, or ideological interests when detennining if the vendor is a responsible vendor. Page 15 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_ Third Party Administrntor Svs_ TriStar_final_ 11. 17 .2023.docx 685 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 Article 8. Miscellaneous Provisions 8.1 Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement is governed by the laws of the State of Florida. Any and all legal action arising out of this Agreement will have its venue in Lake County and the Agreement will be interpreted according to the laws of Florida. Arbitration will not be used as a means for dispute resolution. BOTH PARTIES WAIVE ANY RIGHT THEY MAY HA VE TO A JURY TRIAL IN ANY CIVIL LITIGATION MATTER ARISING FROM THIS AGREEMENT. 8.2 Neither party may assign any rights or obligations under this Agreement to any other party unless specific written pennission from the other party is obtained. 8.3 Captions. The captions utilized in this Agreement are for the purposes of identification only and do not control or affect the meaning or construction of any of the provisions hereof. 8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and pennitted assigns. 8.5 This Agreement may not be amended, released, discharged, rescinded, or abandoned, except by a written instrument duly executed by each of the parties hereto. 8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will in no way constitute or be construed as a waiver of such provision or of any other provision hereof, nor in any way affect the validity of, or the right thereafter to enforce, each and every provision of this Agreement. 8.7 Civil Rights Act. During the term of this Agreement the CONSULTANT assures the COUNTY that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that CONSULTANT does not on the grounds ofrace, color, national origin, religion, sex, age, disability or marital status, discriminate in any fonn or manner against CONSULTANT employees or applicants for employment. The CONSULTANT understands and agrees that this Agreement is conditioned upon the veracity of this statement of assurance. 8.8 Compliance with State, Federal, and Local Laws. The CONSULTANT shall at all times comply with all Federal, State and local laws, rules and regulations. 8.9 Prime Consultant. The CONSULT ANT will act as the prime consultant for all required items and services and will assume full responsibility for the procurement and maintenance of such items and services. The CONSULT ANT will be considered the sole point of contact with regards to all stipulations, including payment of all charges and meeting all requirements of this contract. All subconsultants will be subject to advance review by the COUNTY in tenns of competency, security, and compliance with applicable laws. The combined expenses of subconsultants without a COUNTY contract are limited to thirty percent (30%) of the task not to exceed $35,000. Professional services subconsultants currently under contract with the COUNTY obtained through competitive solicitation may be utilized by CONSULTANT without limits. CONSULTANT may be required to use subconsultants currently under contract with the COUNTY. The professional services subconsultants' limits may be waived with prior approval from the County Attorney and Procurement Services Director. No change in subconsultants will be made without consent of the COUNTY. Even if the subconsultant is self-insured, the COUNTY may require the CONSULT ANT to provide any insurance certificates required by the work to be performed. 8.10 State Registration Required. The CONSULTANT shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Page 16 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Patty Administrator Svs _ TriStar__fmal_ 11.17.2023 .docx 686 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 Statutes, unless exempt from registration. A copy of CONSULTANT'S registration must be provided to the COUNTY on request. 8.11 Assignment. The CONSULTANT shall not assign or transfer this Agreement, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the COUNTY. This provision specifically includes any acquisition or hostile takeover of the awarded vendor. Failure to comply in this regard may result in tennination of this Agreement for default. 8.12 Fraud, Misrepresentation, and Material Misstatements. Any individual, corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation, or other material misstatement, may be debarred for up to five (5) years. The COUNTY as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity with such vendor held responsible for all direct or indirect costs associated with tennination or cancellation, including attorney's fees. 8.13 Non-Exclusivity. The COUNTY reserves the right to perfonn, or cause to be perfonned, all or any of the work and services herein described in the manner deemed to represent its best interests. In no case will the COUNTY be liable for billings in excess of the quantity of goods or services actually provided under this Agreement. 8.14 Other Agencies. With the consent of the CONSULTANT, other agencies may make purchases in accordance with this Agreement. Any such purchases will be governed by the same tenns and conditions as stated herein except for a change in agency name. Each agency will be responsible and liable for its own purchases for materials or services received. 8.15 Other County Departments. Although this agreement is specific to a County department, it is agreed and understood that any County department may avail itself of this Agreement and purchase any and all items specified herein at the agreement price(s) established herein. An agreement modification will be issued by the COUNTY identifying the requirements of the additional County department(s). 8.16 Continuation of Work. Any work that commences prior to, and will extend, beyond the expiration date of any Contract period must, unless terminated by mutual written agreement between the COUNTY and the CONSULTANT, continue until completion without change to the then current prices, terms and conditions. 8.17 Warranty. All warranties express and implied, must be made available to the COUNTY for goods and services covered by a solicitation. All goods furnished must be fully guaranteed by the CONSULTANT against factory defects and workmanship. They will be covered by the most favorable commercial warranty given for comparable quantities of products or services and the rights and remedies provided in the Agreement will be in addition to the warranty and do not limit any right afforded to the COUNTY by any other provision of a solicitation. CONSULT ANT shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty period at no expense to the COUNTY. The special conditions of a solicitation may supersede the manufacturer's standard warranty. 8.18 Tobacco Products. Tobacco use, including both smoke and smokeless tobacco, is prohibited on County owned property. 8.19 Anti-Trafficking Related Activities. The U.S. Government has adopted a policy prohibiting trafficking in persons including the trafficking related activities listed below. These prohibitions specifically Page 17 of74 S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Patty Administrator Svs _ Tri Star_ final_ 11.17.2023 .docx 687 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 apply to come federally funded contracts and prohibit consultants, consultant employees, and their agents from: A. Engaging in severe forms of trafficking in persons during the period of performance of the contract; B. Procuring commercial sex acts during the period of perfonnance of the contract; C. Using forced labor in the performance of the contract; D. Destroying, concealing, confiscating, or otherwise denying access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority; E. Using misleading or fraudulent practices during the recruitment of employees; F. Charging employees or potential employees recruitment fees; G. Failing to provide return transportation or paying for the cost of return transportation upon the end of employment for certain employees; H. Providing or arrange housing that fails to meet the host country housing and safety standards; or I. Failing to provide an employment contract, recruitment agreement, or other required work documents in writing, as required by law or contract. 8.20 Modification of Contract. This Agreement may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to this Agreement and/or purchase order as appropriate. This presumes the modification itself is in compliance with all applicable COUNTY procedures. 8.21 Contract Extension. The COUNTY has the unilateral option to extend this Agreement for up to ninety (90) calendar days beyond the current contract period. In such event, the COUNTY will notify the CONSULT ANT in writing of such extensions. This Agreement may be extended beyond the initial ninety (90) day extension upon mutual agreement between the COUNTY and the CONSULTANT. Exercise of the above options requires the prior approval of the Procurement Services Manager. 8.22 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.23 Notices. Wherever provision is made in this Agreement for the giving, service or delivery of any notice, statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail or sent by facsimile, addressed as follows: COUNTY County Manager Lake County Administration Building 315 West Main Street, Suite 308 Post Office Box 7800 CONSULTANT TRISTAR Claims Management Service, Inc. 100 Oceangate, Suite 840 Long Beach, CA 90802 Attn: Thomas J. Veale Page 18 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_Third Patty Administrator Svs_TriStar __ final __ l l.17.2023.docx 688 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAIMS MANAGEMENT SERVICES, INC., FOR THIRD PARTY ADMINISTRATOR SERVICES; RFP #23-524 Tavares, Florida 32778-7800 With a copy to: County Attorney Lake County Administration Building 315 West Main Street, Suite 335 Post Office Box 7800 Tavares, Florida 32778-7800 With a copy to: TRISTAR Claims Management Service, Inc. 100 Oceangate, Suite 840 Long Beach, CA 90802 Attn: General Counsel Office and: TRIST AR Claims Management Services, Inc. 1540 International Parkway, Suite 200 Lake Mary, Florida 32746 Each party hereto may change its mailing address by giving to the other party hereto, by hand delivery, United States registered or certified mail notice of election to change such address. Article 9. Scope of Agreement 9.1 This Agreement is intended by the parties to be the final expression of their Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject of this Agreement, notwithstanding any representations, statements, or agreements to the contrary previously made. Any items not covered under this contract will need to be added via written addendum, and pricing negotiated based on final specifications. 9.2 This Agreement includes the following exhibits, all of which are incorporated as material terms and conditions to this Agreement: Exhibit A ................................................. Scope of Services Exhibit B ................................................. Consultant's Proposed Solution & Key Personnel Exhibit C ................................................. Bid Submittal and Addendum (Composite) Exhibit D ................................................. Pricing Summary Exhibit E ................................................. Business Associate Agreement Page 19 of74 S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp\23-524 _ Third Paity Administrator Svs _ TriStar __ final_ 11.17.2023 .docx 689 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAI MS MANAGEMENT SERVI CES, l NC., FOR T IIIRD PARTY A DMINI STRATOR SERVI CES; RFP#23-524 IN WITNESS WHEREOF, the parties through their authorized representatives have signed th is Agreement on the respecti ve dates under each signature: the COUNTY through its Board of County Commissioners, s igning by and through its Procurement Services Director, and by the CONSUL TANT through its duly au thorized representative. CONSULTANT: TRI ST AR Claims Management Services, Inc. Tho111ar ,7 Veate Thom•s J Veole(Nov 27. 202315:22 EST) Thomas J. Veale, President This ~day of November , 2023. Page 20 of74 S:\DOCUMENT\2023\PROCUR EMENT\23-524 TPA for Workers C'omp\23-524_·n1ird Pa11y Administra tor Svs_ TriStar_final _ 11 .I 7.2023.docx 690 AGREEMENT BETWEEN LAKE COUNTY, FLORIDA AND TRISTAR CLAJMS MANAGEMENT SERVI CES, I NC., FOR TIIIRD P ARTY A DM I N15TRATOR SERV I CES; RFP#23-524 Approved as to fom, and legality: v\'Y'\~~ ,,;i h oi I ~~ Melanie Marsh County Attorney COUNTY: LAKE COUNTY, FLORlDA, through its BOARD OF COUNT V OMMISSIONERS This ---l~~(y'--------• 2023. Page 21 of74 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp\23-524_ TI1ird Party Adm inistrator Svs_T1iStar_final _ 11 .17.2023.docx 691 EXHIBIT A -SCOPE OF WORK 23-524 TP A FOR WORKERS COMP; EMPLOYERS LIABILITY; PROPERTY AND LIABILITY 1. BACKGROUND INFORMATION 1.1. Third Party Administrator ("TPA" or "Contractor") must have a current office in the State of Florida. Office location to be listed in Attachment 4-Worksheet. 1.2. Lake County currently provides workers comp coverage for the following entities: Agency Fulltime Staff Part-time Staff Volunteers Lake-BOCC 928 39 210 Lake County Clerk 182 8 0 Lake County Property 40 1 0 Appraiser Lake County Tax Collector 128 3 0 Lake County Supervisor of 19 21 (work 1-5 days 21 (work 1-5 days per Elections per year) Lake Sumter MPO 1 1 Totals 1298 73 2. CONTRACTOR RESPONSIBILITIES FOR WORKERS COMPENSATION & EMPLOYER LIABILITY: year) 0 231 2.1. Responsible for all claims reported with a date of accident on or after October 1, 2023, to provide a transition with no disruption or delay in the processing of claims. Provide a detailed work plan for the implementation and transition of claims incurred and reported prior to the effective date of the Contract to assure that the transition occurs with no delays in delivery of medical benefits or delays in payments to any claimants or clinicians or in the general handling of all claims. Contractor will indicate in the proposal if there is any fee for conversion of data or transfer of claim files from the previous TP A. 2.2. Administer workers' compensation benefits in accordance with established practice parameters and protocols of treatment as provided for in Chapter 440, Florida Statutes. 2.3. Make initial contact with the employee and establish a claims file within twenty-four (24) hours of receipt of the Employers' First Report of Injury or Illness for the County. Claim files will be available for review by the County at any time during the TPA's regular business hours. 2.4. Monitor treatment programs for injured employees to ensure that they receive proper care and to avoid over treatment situations. 2.5. Meet state law utilization review guidelines and standards. 2.6. Establish claim reserves and provide a continual review and update of reserves to reflect changes during the life of the claim. 2.7. As necessary, complete Average Weekly Wage (AWW), 13-week salary computations, Medicare set-aside projections and other W/C indemnity payments. 2.8. Provide on-going training to County employees as needed/requested to explain Division of Workers' Compensation (DWC) benefit notices and other required letters, forms, and procedures. Page 1 of 4 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 22 of74 692 EXHIBIT A -SCOPE OF WORK 23-524 TPAFOR WORKERS COMP; EMPLOYERS LIABILITY; PROPERTY AND LIABILITY 2.9. Acknowledge Lake County Human Resources staff inquiries within same workday and provide an update on forecasted issue resolution timeframe. 2 .10. All penalties incurred because of failure of the TP A to comply with statutory laws or administrative regulations will be the sole responsibility of the TP A. 2.11. Maintain accurate and timely loss runs in a forn1at system acceptable to the County and required by law. 2.12. County will select defense and subrogation counsel. 2.13. TPA is responsible for proceeding against responsible persons, agencies, or agents in subrogation actions to recover losses suffered by the County due to employee injuries. 2.14. County reserves the right to approve, disapprove, or select any and all service providers including medical case managers, rehabilitation counselors, primary medical treatment impatient and out-patient facilities, physicians, specialists, chiropractors, legal services, etc. 2.15. Recommend special, outside investigations for questionable claims with the coordination and assistance of the County. 2.16. Provide advance notice and explanation to the County of any claim for workers' compensation benefits that is contested and may be denied by the TP A. 2.17. County and excess insurer reserve the right to, at any time, inspect, copy, or audit the files, including the right to conduct an independent claims audit paid for by the County, excess insurer, or State Managed Care Program. 2.18. Provide viewing and reporting access to the TP A's online claims tracking system. 2.19. Closing of Claims 2.19.1. All claims' files remain the property of the County and will not be disposed of without the County's prior authorization. 2.19.2. Close files that meet closing criteria in a timely manner. 2.20. Additional Services 2.20.1. Attend Workers' Compensation Appeals Board hearings, status conferences and trials along with depositions, conferences with legal defense counsel, and meetings with County staff as required. 2.20.2. Provide all forms, posters, and pamphlets as required by Chapter 440, Florida Statutes, that are necessary for the processing of claim and benefit information at the TPA's own expense. 2.20.3. Prepare the Public Entities Self-Insured Annual Report, and any additional reports required by Federal or State law (e.g., OSHA 300 Log). 2.20.4. Prepare DFS-F2-SI-17 Reports for submission to State of Florida. 2.20.5. Coordinate with and report all claims meeting the County's excess insurance carrier's reporting criteria as established by the excess insurance carrier. 2.20.6. Demonstrate knowledge of an Early Return to Work Program. 2.20.7. Provide onsite education programs for employees on selected safety topics. Page2of4 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_ final_I0.10.2023 Page23 of74 693 EXHIBIT A -SCOPE OF WORK 23-524 TPA FOR WORKERS COMP; EMPLOYERS LIABILITY; PROPERTY AND LIABILITY 2.20.8. Access and assignment of nurse advocates to case after approval by the County. 2.21. Medical Cost Control 2.21.1. Provide analysis and strategies for medical service/facility cost savings resulting from your Preferred Provider Network or other services. 2.21.2. Employ strategies for cost savings due to TPA operation or contracted bill review activities. 2.22. Litigation 2.22.1. Discuss strategies for medical cost control on litigated claims with the County before allowing defense counsel to select a physician. 2.22.2. Closely monitor litigation efforts and communicate regularly with the County. The County must authorize all depositions and investigations. 2.22.3. The County must approve settlement authority on all claims. 2.22.4. Prior to any settlement conference, hearing or trial, the claims administrator and defense counsel will provide a written analysis of the case, including options and recommendations of settlement. All permanent disability ratings must include the rating formula and dollar amount. 2.22.5. Establish controls and procedures to manage and contain claim defense costs. 3. CONTRACTOR RESPONSIBILITIES FOR PROPERTY & LIABILITY: 3 .1. Establish reporting procedures which are compatible with the needs and organizational structure of the County. 3.2. Provide necessary forms and instructions for use. Such forms are to include appropriate accident reports with mailing address of primary recipients preprinted thereon. 3.3. Be available on a twenty-four (24) hour basis and provide immediate response to claims investigation requests through use of email or cellular telephones. 3 .4. Prepare and follow service instructions that have been approved by the County in the handling of the County claims. 3.5. Receive and examine on behalf of the County all reports of third-party liability claims including claims by an employee of an insured against another insured. 3.6. Within twenty-four (24) hours after the County has provided TPA with notification of a serious ( one requiring more than first aid) third party bodily injury claim, contact the claimant by telephone or in person. Within two (2) working days after notification of any other third-party claim, contact the claimant by telephone or in person. 3.7. Conduct such investigation as in the exercise of professional judgement would seem necessary. Follow specific written investigation procedures for any case for which the excess insurer requires specific notification. 3.8. The County may select and employ outside professionals such as surveillance personnel, expert witnesses, and attorneys to assist in the investigation, adjustment, and defense of claims. Page 3 of 4 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_I0.10.2023 Page 23 of74 694 EXHIBIT A -SCOPE OF WORK 23-524 TPA FOR WORKERS COMP; EMPLOYERS LIABILITY; PROPERTY AND LIABILITY 3 .9. Prepare and maintain files necessary for legal defense of claims and/ or other litigation (such as actions for subrogation, contribution, or indemnity) or other proceedings. 3.10. Where appropriate or desirable, attend hearings, depositions, mediations, and other proceedings. The attorney or other party representing the County shall provide a written report to the County within ten (10) working days after the hearing, deposition, mediation, or other proceedings. If the adjuster handling the claim attend the hearing, deposition, mediation, or other proceeding, adjuster will file and provide a report to the County within ten (10) working days after the hearing, deposition, mediation, or other proceeding. 3 .11. Pay in a timely manner all claims and expenses pertaining to the County claims. 3.12. At the request of the County, provide a complete copy of all files involving litigation, potential or actual subrogation. 3 .13. Aggressively pursue all possibilities of subrogation, excess insurance reimbursement, third- party liens, contribution, or indemnity on behalf of the County. Services for Automobile Liability shall include the pursuit of subrogation on behalf of the County for Automobile Physical Damage losses. 3.14. Periodically as appropriate, but at least every six (6) months, review all open cases to assist in the settlement of the cases. Such review shall include a review and verification of outstanding reserves. A written summary of the review shall be provided to the County within ten (10) working days after the end of the period for which the report is being made. 3.15. The County will reserve the right to administer and adjust in-house any First Party Claims and Third-Party Property Damage Claim that the County deems can be resolved in-house. [The remainder of this page intentionally left blank] Page 4 of 4 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 23 of74 695 Third Party Administrator fo r Workers1 Compensation Employer Liability, Property and Liability RESPONSE TO REQUEST FOR PROPOSAL LA:KE CO U N TY. F L 1 TRI STAR 1 RFP #23 -524 Amy Munday Cont racting Officer 352-343-9839 Amy.munday@lakecountyfl.gov Jimmy Dyer D irector, Client Solutions 36 1-688-0449 Jimmy.dyer@t ris t argroup.net Kevin Cothron Account Manager 407-7 16-8 105 kcothro n@tcg-ip .com 696 April 18, 2023 Amy Munday, Contracting Office r Lake County, Office of Procurement Services 315 W Main St Tavares, Florida 32778 RE: Response to Request for Proposa l No. 23 -524 t TRI STAR Third Party Administrator for Workers' Compensation, Employer Liability, Property and Li abi lity Deadline: April 13, 2023 Dear Ms. Munday: TRISTAR Claims Management Services, Inc., a TRISTAR I nsurance Group member company (TRISTAR), is pleased to s u bmit the fol lowing proposal for your consideration. Since 1987, we have had the honor and privilege of providing claims administration services and managed care so l utions to governmental entities and corporate organizations in Florida and across the United States. Our distinguished experience serving clients with simi lar requirements empowers us to provide Lake County, (County) w ith a comprehensive program tailored to your unique needs, budget, and culture. We provide our clients with industry-leading service, management strategies, and technologies that lower their operationa l and administrative costs while simultaneously adhering to their versatility standards. Over the past 35 years, TRISTAR has worked to provide exceptional service by prioritizing our relationships w ith our clients and partners. TRISTAR has extensive experience working with various public entities, including counties, cities, states, school districts, hospit als, transportation systems, and universities. We wi ll ta ilor our services to provide a professiona l claims administration program that meets the County's needs, ensuring fair and equitable eva l uation, administration, and settlement. TR ISTAR measures our success not only by the quality of the service we provide but also by the strength and duration of our client re lationships. We prioritize client satisfaction above all else, and we take tremendous pride in the fact that many of our clients have been w ith us for decades. We are incredibly excited about the opportunity to continue supporting the County, and we firmly believe that our unique operating model, as well as extensive experience supporting similar programs, make us an excellent fit for your claims administration program. It is with our utmost respect and enthusiasm that we request the opportunity to continue t o serve Lake County as its trusted partner. While our proposal outlines our response t o your RFP, we look forward to evolving our program to best address your future needs. Respectfully, Thomas J. Veale President S:\DOCUMEN'.f\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.1 0.2023 Jimmy Dyer Director, Client Solutions Page 27 of74 697 Table of Co nten ts Executive Summary _______________ 3 1. Vendor Profile 6 Statement of Interest & Understanding of Project _6 Firm Profile/ Firm History ____________ 6 Completed Attachment 3 -Reference Form 6 Completed Attachment 4 -Worksheet Form 6 Include copies of any required licenses or permits _6 2 . Forms 7 Completed Attachment 1 -Submittal Form ___ 7 Proof of Sunbiz.org registration 7 Completed W -9 form 8 Completed Addenda issued 8 Proof of insurance 8 3. Proposed Solution 9 4 . Subcontractors/ Joint Ventures 12 5. Completed Pricing Sheet 12 Compl eted Attachment 2 -Pricing Sheet 12 Supporting documentation for proposed pricing _ 12 6. Financial Stabi lity 17 7. Litigation 17 8 . Oth e r Information 17 MENT\23-524 T PA for Workers Comp_tin al_l0.10.2023 Page 28 of74 698 Executive Summary Founded in 1987, TRISTAR Cla i ms Management Services, Inc. M ISSION STATEMENT. Our mission is to {T RISTAR) is the largest privately-h e ld third-party provi de the highest quality claims administrator in t he nation. Headquartered in Long Beach, CA, we provide services from branches across the country in major metropolit an areas with nearly 1,000 employees worki ng in offices, virtually from home, integrated hybrid models, or on-site in client facilities. Our staff membe rs provide claims administration services for claims in all SO states. TRISTAR provides property and casua lty, absence management and employee benefit claims administration, and managed care services for hundreds of self-insured and insured organizations generating over $100 mi llion in revenue. Our divisions provide a w ide range of integrated or unbundled risk management and insurance services to management services to our clients. We are committed to a long-term investment in the continual improvement of our products to ensure the best value for our clients and a strong, secure, and growing organ ization for o u r emplo yees, shareholders, and business p artners. OUR VISION . Our vision is to become the country's most respect ed provider of claims management se rvices. our customers. T RISTAR's core business focus is providing customized solutions for cl ients whose needs exceed the capabilities of traditional t hird-party administrators. With this proposal, we offer the following to Lake County {County): PROVEN TRANSITION EXPERTISE Transitions between providers can be the most critical and sensitive periods for any program. Changes in leadershi p, unfami liarity with client c u lture, underlying requirements, duties not specifically defined in the RF P, as well as employee and management disruptions can a ll derail an o therwise successful program. TR ISTAR has never failed t o successf ully transition a contract and remain an ind ustry leader in change management. As the incumbent, the County can rest assured that T RISTAR 's program w i ll continue seam lessly. STABLE AND COMMITTED RELATIONSHIP TR ISTAR is committed to the Count y's success. We take a long-term view of our business, and we prioritize client re lationships over short-term profits. This is far d ifferent from our competitors, who must prioritize quarterly profits amid mu ltiple changes in ownership. Ultimately, TR ISTAR is the most st able and ethical partner for the County. Our st able ownership allows us to make long-term investments in o u r capabi lities, strategic p artnerships, and clients. We do not have the extreme financial pressures faced by publicly traded or private equity-owned firms and have the latitude to take informed risks and sacrifice sho rt-term gains to deliver lasting value to our custome rs, resulting in client relationsh i ps that span decades. INNOVATION & TECHNOLOGY • iCAS T. TR ISTAR's commitment to providing state-of-the-art servi ce for our clients includes using the latest i n infor mati on techno logy to create a new RMIS for the claims management of our client's programs. iCAST provides u nparalleled claims management resources for our claims teams and our clie nts by supplying pertinent data whi le maintaining the latest security standards. ♦ TR/STA R Connect (RMIS). Our Client Portal, T RIST AR Connect, provides important, relevant information accessible from any internet-connected device through Android and Apple-compatible mobile apps. Our Dashboard provides key information in an easy-to-digest visual format, such as First Notice of Loss reporting lag t i me, trial and hearing calendars, injury and location trending, litigation t rending, and access to all claimant files. It also provides a myriad of standard and customizable report options. T he system includes over 80 report templates in critical areas such as Loss Prevention, Loss Triangl es, Claim Log, Fi nance, and many others. t ransforming risk O 100 Oceangate. Ste. 840 t 888.558. 7478 into opportunity T Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUMENT\2023\PROCU REMENT\23-524 TPA fo r Workers Co mp_final_l0.10.2023 Page 3 of 22 ~ lnfo@tristargroup.net www.tristargroup.net TRI STAR Page 29 of74 699 ♦ CLARA Analytics . TRISTAR has partne red with CLARA to provide superior data ana lysis services. The leading provider of artificial intelligence (Al}, CLARA Analytics provides technology improving claim outcomes to h e lp claims and clients reduce vari ous sources of loss costs incurred in claims by keeping claims on tra ck throughout their life cycle in addition to helping in the management of MSAs. TRISTAR'S KE Y DIFFERENTI ATORS We are committed to continuous improvement in the qual ity of our services and have a ded icated Quality Assurance Department that ensures adherence to the State and TRIS TAR policies and procedures whi le provi ding ongoing traini ng to our staff and c lients. Add itionally, we offer the following: ♦ An empowered designated Account Manager, Kevin Cothron is based in our Lake Mary location. ♦ Integrated managed care/cost containment programs, including bill review and medica l case management, which create efficiencies and close gaps that often exist with unbundled services. • Capabilities for online claim files, data access, customized reporting, and data transfer. Our in -house Information Technology staff has expertise in successful ly transitioning over 400 claims programs and can complete most conversions in less than ten business days. ♦ Client access to an easy-to-use, web-based, and paperless RMIS system providing claims data and quality report generation, analytics, and stewardship. ♦ Our professional team's dedication to ou r core principles is the reason that we achieve: 0 97% average client audit scores 0 98% client retention TRISTAR'S ADDED VALUES TRISTAR believes in continuous improvement and growing our services for our c lient s. In the past months, we have added to our "quiver" to help our clients better manage their risk management programs. ♦ SOC l (Typ e II} and SOC 2 (Type II} Audits. TRISTAR undergoes annual SSAE 18 SOC 1 & SOC 2 audits. THE SOC 1 audit report attests to the suitability of design and the operating effectiveness of internal controls over TR ISTAR's claims handli ng processes. The SOC 2 report attests to the suitability of design and operating effectiveness of internal controls relevant to the security, availabil ity, and confidentiality ofTRISTAR 's data processing systems. Type II audits describe and eva luate TRISTAR's practices over an ext ended time, reflecting a commitment to our clients and eliminating the need for our clients to finance audit costs for program oversight. T RISTAR is proud to have achieved a "no exceptions" opinion with both our SOC 1 and 2 audits . ♦ H ealth Insurance Portability and Accountability Act of 1996 (Hf PAA). TRISTAR has completed a Security Risk Analysis to ensure and certify that our company is HIPAA comp liant under NIST SP800 - 30 Risk Management Guide program per 45 CFR §164.308{a}{l}{i i}(A) and the OCR Guidance under the HIPAA Security Rule. ♦ Aspen Risk Management. Aspen Risk Management Group is a wholly owned subsidiary within the TRISTAR family and, through this division and other resources, can offer a wide spectrum of risk and safety services including loss control, workplace safety, and ergonomics. Throughout the year, Aspen provides free webinars on topics such as Active Shooter Preparation. transforming r isk O 100 Oceangate, Ste. 840 t, 888.558.7478 into opportunity ~ Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Wo rke rs Comp_fina l_ 10.10.2023 Page 4 o f 22 121 info@tristargroup.net www.tristargroup.net TRI STAR Page 30 of74 700 ♦ TRISTAR RITE Values. Do the RITE thing "Just answering questions is not enough; close the loop and address all underlying issues to ensure service excellence." -Matthew Craig Sr. VP Regional Manager Respect Accept differences, be considerate, and treat everyone w ith k in dness Integrity Be guided by a moral and ethic al code in our interac tions and services Trust Earn confidence of our peers by doing what is right Excel lence Provide our best quality work and services every day WE AT TRISTAR SINCERELY BELIEVE THAT WE OFFER LAKE COUNTY the best services, the best business model, and the best partnership for the long-term success of its program. Our proposal is fully compliant with the requirements as defined in the RFP, and we look forward to continued conversations regarding your claims program and how we can grow on our successes. transforming risk O 100 oceangate, Ste. 840 t_ 888.558.7478 into opportunity ... Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUM ENl'.2023\PROCU REMENT\23-524 T PA for Workers Co mp_fina l_ 10.10.2023 Page 5 of 22 ~ 1nfo@tr,stargroup.net www tristargroup.n et TR I S TAR Page 3 1 of74 701 1. Vendor Profile Statement of Interest & Understanding of Project As the incumbent, TRISTAR has a complete understand ing of what is required by the County and is looking forward to continuing to serve the County. TRISTAR wil l ensure that your program continues seamlessly and hopes to continue our partnership w ith the County. Firm Profile/ Firm History Originally named Topa Risk Services, the company began as an i nsurance program manager and medical malpractice cla ims administrator. Workers' compensation claims management services were added to our offerings in 1989. Growth and change followed, and in 1995 the company was renamed TR ISTAR Risk Management. As managed care and benefits administration services were al so added to our offerings, the organization grew into TRISTAR Insurance Group. Today TR ISTAR remains a privately held corporation. TRISTAR's annual revenue is approximately $100 mil lion, and TRISTAR is the largest independently owned third party property and casualty claims administrator in the US. We focus our operations on four divisions: property and casua lty claims management (TR ISTAR Claims Manageme nt Services), absence/benefits administration (TRISTAR Benefits Administrators), managed care and medi ca l cost containment services (TRISTAR Managed Care), and loss control and risk assessment services (Aspen Risk Management). Each division provides services nationwide, and we have nearly 1000 employees across the country. TRISTAR has branches across the United States in major met ropol itan areas, w ith st aff working in offices, virtually, in hybrid models, or on-site in c lient facilities, providing claims administration services for c laims arising in al l 50 states. Ancillary services, includi ng utilization review, bill review, nurse case management, and nurse triage services, are consolidated in various locations throughout the United States to improve services and lower costs, which can then be passed on to our clients. Completed Attachment 3 -Reference Form Completed Attachment 4 -Worksheet Fo r m Includ e copies of any required licenses or permits Please find Attachments 3, 4, and copies of licenses uploaded separately to the portal. transforming risk O 100 Oceangate. Ste. 840 t 888.558. 7478 into opportunity T Long Beach, CA 90802 "-' 562.495.6600 S:I DOCUMENT\2023\PROCURE MENT\23-524 T PA for Wor k~rs Co mp_final_l0.10.2023 Pa g e 6 of 22 ~ lnfo@trlstargroup.net www.tristargroup.net TRI STAR Page 32 of 74 702 2 . Forms Completed Attachment 1 -Submittal Form Please see Attachment 1-Submitta l Form uploaded separately to the portal. Proof of Sunbiz.org registration D IV ISION of .?IUVJIZ. CORPORATIONS __.---:z----an ojfuw/ Srme of Florula 11·e/1111e Q.ru:!anment of State / ~ / Search Re cords I ~...E.rui!y Name I ,Prevlous Qo List Nex1 ronl 1st Re.tum to Lrst jTRISTAR ~ Name H,sto!)' Detail by Entity Name Foreign Profit Corporation TRISTAR CLAIMS MANAGEMENT SERVICES, INC Filing Information Document Number FEI/EIN Number Date F iled State Status L ast Event Event Date Filed Event Effective D.ite PrinciP.al Address 100 OCEANGATE SUITE 840 LONG BEACH, CA 90802 Changed: 04/2612021 Maili ng Address 100 OCEANGATE SUI TE 840 LONG BEACH, CA 90802 Changed: 04126/2021 F95000003330 13-3832689 07/12/1995 DE ACTIVE NAME CHANGE A1'1ENDMENT 04/23/2021 NONE Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET t ransforming risk o 100 Oceangate. Ste. 840 t 888.558.7478 into opportunity ' ... Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUMEN'T\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_lO. 10.2023 Page 7 of 22 121 info@tristargroup.net www.t ristargroup.net TRI STAR Page 33 of74 703 Completed W-9 form Please find our W-9 uploaded separately to the portal. Comp l eted Addenda i ssued Please see the completed addenda uploaded separately to the portal. Proof of i nsurance Pl ease find TRISTAR's proof of insurance uploaded separately to the portal. transform ing r isk O 100 Oceangate, Ste . 840 t 888.558.7478 i nto oppor tun ity· ~ Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUM ENT\2023\PROCUREMENT\23-524 T PA for Workers Comp_final_l 0 .10.2023 Page 8 of 22 ~ info@tristargroup.net www. trist argrou p. net TRI STAR Page 34 o f 74 704 3. Proposed Solution Provide a concise d e scription of t h e a pproach a nd proce ss t o su cc essfully co m p lete the work to b e perfor m e d includi ng any specific staffing or e quipment resou r ces. TR ISTAR will deliver a program that provides flexibility, cust omi zation, and a collaboratively designed suite of services to deliver the most efficient and best outcomes for the County. Our goal is to foster a close working relationship with all parties, including providers, defense counsel, ancilla ry vendors, brokers, and excess carr ie rs. By doing so, each claim receives the benefit of our combined experience, and t he most effective methods are used to achieve the best possible outcomes on each claim. To help ensure the success of the County Program, we will: ♦ Provi de seasoned, tech n ical ly astute c laim adjusters and management staff with extensive claims administ ration and risk management experience. ♦ Work collaboratively and professiona lly with the County, employees, and, if appl icable, unions. ♦ Provi de new solutions for the County. ♦ Uphold efforts to achieve its fi nancia l object ives. ♦ Aggressively manage i ndemnity and legal expendit ures. ♦ Provi de accurate, current risk management data for analyzing risk and maki ng administrative decisions. ♦ Assist in protecting the tangi b le and intangible assets of the County through claims management services. ♦ Mitigate and manage risk by increasing your knowledge, awareness, and control of exposures to loss . E:,;pertclojm administration, core management , cost cont ainment .dat a management. and Information system C0P0b~lies • Seasoned execul l•,e teoderst~p t eam • E>-pertenced, exper1 claim and management core p rofesslonols • Proven success • Tromlllonlng and servicing Thorough understanding and dmgent odmlnlstrollon of all regulatory and s1a t utoryrequirements Open, timely, and elliclenl communication be1ween oR key stakeholders Port nershlp with the cRent and key stakeholders lo execute ll1eir strat egic philosophy, viii on. and objectives Customize and e xecute lnnovotive . proactive program worknows, quality measures, and outcomes TRISTAR will provide a customized program that will meet the needs of the County. TRISTAR has the depth and breadth of experience to meet a public entity's needs. BACKGROUND: TRISTAR understa nds the everyday challenges faced by public entity risk managers. The diverse exposures in the public sector are unlike any i n t he private sector: from sworn officers to sanitation, parks, and recreation to courts and correct ions. Public entities require an expert TPA with the knowledge and experience to aggressively manage cla i ms t o the best outcomes while assuring compl iance with jurisdiction-specifi c special legal requirement s and protocols. transforming risk O 100 Oceangate, Ste. 840 t 888.558.7478 into opportunity T Long Beach, CA 90802 ~ 562.495.6600 S:\DOC UM EN112023\P ROCUREM E NT\23-524 T PA for Workers Comp_linal_l0.10.2023 Pa ge 9 of 22 info@tristargroup.net www.trlstargroup.net TRI STAR Page 35 of74 705 KNOWLEDGE: • Public Entities are more than 50% of TRISTAR's business, including city, county, and state agencies, school districts, transit systems, and other special districts. ♦ TRISTAR's government clients serve nearly 20% of the United States population. ♦ We understand the complexity of serving public entities, including a diverse workforce, managing claims under various labor agreements, presumptions for illness and conditions, and governmental immunity. ♦ We know how to work with multiple departments and stakeholders, like unions, in-house attorneys, counci ls, and boards. SOLUTIONS: ♦ We customize each unit based on our client's unique needs and risk philosophy. ♦ We offer 24/7 first notice, nurse triage, and case management services to service all shifts and departments effectively. ♦ We provide 24/7 access to experienced, on-scene inspectors and investigators. ♦ We offer customized, managed care programs to control costs and facilitate return to work. ♦ We offer robust information tools to capture and report on claims activity and trends. We offer a comprehensive safety training video library including more than 750 videos, with many videos helpful to various industries and departments, such as blood -borne pathogens in first aid environments, backing accident prevention for waste trucks, working safely with heavy equipment, dealing with the med ia in emergency situations, work zone traffic control safety, and more. TRISTAR receives approximate ly 58,000 new liability, property, and workers' compensation claims per year. TRISTAR has over 60,000 pending inventory at any point in time, of which about 12,000 are auto, property, general, and professional liability type claims. Our book of business includes carriers, self- insureds, severa l state-agency guarantee funds, and estates. The graph to the right indicates the percentage of our property and liability business, excluding workers' compensation. TRISTAR monthly queries and quarterly reporting to Centers for Medicare & Medicaid Services include submitting over 126,000 bodily injury type claims annually to CMS for over 95% of our customers. EXPERIENCE AND KNOWLEDGE: ♦ We are experienced in managing claims administration policies and procedures and best practices guidelines; we have been managing casualty and liability claims since 1987. ♦ Public Entities are more than 50% of TRISTAR 's business, including city, county, and state agencies; school districts; ambulance companies; libraries; parks and recreation departments; transit systems; and other special districts. ♦ We understand the complexity of serving public entities, including managing claims under various auto statutes, governmental immunity, labor agreements, diverse workforces, presumptions for illness and conditions, and more. ♦ TRISTAR understands the diverse challenges faced by risk managers with various lines of coverage and claim types, including bodily injury, building, business interruption, col lision, commercial auto, comprehensive, construction defect, contents, contract-related, contractual liability, crime/vandalism, discrimination, employment practices, environmenta l pollution, fire, and water liability, hired and non-owned auto, inland marine, law enforcement, personal injury, premises liability, professional liability, property, publ ic officials spirit vendor expense, subrogation, theft/property, towing/rental car, UM/UIM, wrongful acts and more. TRISTAR has the tools and experience to address each claim to the best outcome. transforming risk ~ 100 Oceangate. St e. 840 t 888.558.7478 in to opport unity 'Y Long Beach, CA 90802 ~ 562.495.6600 S:I DOCUMENT\2023\PROCUREMENT\23-524 TPA for Wo rke rs Comp_final _l0.10.2023 Page 10 of 22 ~ info@tristargroup.net www.lristargroup.net TRI STAR Page 36 of74 706 ♦ We know how to work with mu ltiple departments and stakeholders, such as unions, in-house attorneys, city councils, attorney general offices, and governing and regu latory boards. ♦ We custom ize each unit based on our client's unique needs and risk philosophy . We believe flexibility, customization, and a collaboratively designed program will transform our clients' risks into the best outcomes for all. We offer the County the strength and dependability of a national TPA, with a local adjusting team providing specialized knowledge and the personal touch of a boutique provider. TRISTAR proposes a team approach to account management for the County, including an Account Manager, an Executive Sponsor, and the claims handling staff. ACCOUNT MANAGER. The Account Manager will help implement and oversee the program's transition and facilitate and coordinate program objectives. The Account Manager is respons ible, accountable, and empowered to address and resolve any issue, request, or concern that may arise on behalf of the County. We recognize the County has dynamic and comprehensive customer claim handling guidelines and requirements, and our Cl ient Services Unit will help ensure we meet a ll deliverables. The Account Manager has decision-making authority that allows for an efficient, timely, and effective response to client questions, concerns, and/or recommendations. In addition, responsibilities include monitoring contractua l and service procedure obligations, attending claim reviews, preparing annual stewardship reports, and advocating the County's interests in meeting defined goals and objectives. The Account Manager will be the County's advocate within TRISTAR, ensuring that the service team understands their needs and goals, monitors TRISTAR's results, and proactively makes recommendations for service improvement. Account Managers are enabled to help make service changes and are accountable for the County's overal l service and satisfaction. EXECUTIVE SPONSOR. The next element of our team approach is the Executive Sponsor. We propose assigning an Executive Sponsor to the County program. The Executive Sponsor wi ll provide direct, forma l access to TRISTAR's Executive Management team. The Executive Sponsor will contact the County regularly to ascertain the County's view of our performance. In addition, the Executive Sponsor will meet with the County quarterly to formally review progress and establish plans for future program development activity and will be available to the County as needed for the duration of our service program. The County Claims Team TRISTAR wi ll provide the County with a streamlined and efficient staffing model. We assign or recruit/hire personnel readily available to administer the County's claims. All dedicated claim personnel will have industry-related capabilities and a designated backup with the appropriate jurisdictiona l experience and licenses. If necessary, branches across the Un ited States can provide adjusting services for employees out of state. TRISTAR proposes managing the County's workers' compensation and liabi lity claims through our Lake Mary location. The TRISTAR management team assigned to the County has significant insurance and claims management experience and is committed to establishing a long-term relationship with the County. Our operations include an internal recruiting department to attract new talent and qualified personnel as our business grows or as the need arises to replace an employee. transforming risk O 100 Oceangate, Ste. 840 t 888.558.7478 into opportunity· T Lor1g Beach, CA 90802 °" 562.495.6600 S:\DOCUMENT\2023\PROCVREME NT\23-524 TPA for Workers Comp_tin al_l 0.10.2023 Page 11 of 22 info@tristargroup.net www.tristargroup.net TR I STAR Page 37 of74 707 Our associates are required to maintain pertinent a nd required licenses and/or industry credent ials. We hire and recru it highly skilled professionals with appropriate experience and expertise in their field. Additional ly, TRISTAR has nearly 1,000 associates and has the resources to provide supervisory and adj usting services, as necessary, during a replacement transit ion period or prolonged absence. PROPOSED CLAIM TEAM: ♦ Matt Craig, Senior Vice President/Executive Sponsor ♦ Kevin Cothron, Account Manager ♦ Jimmy Dyer, Director, Client Solutions ♦ Janet Greer, Workers' Compensation Claims Supervisor ♦ Sheila Gowen, Senior Workers' Compensation Examiner ♦ Karen Klein Liability Claims Supervisor ♦ Diana Taylor, Senior Liability Claims Adjuster 4 . Subcontractors/ Joint Ventures List of proposed subcontractors or joint venture arrangements that may be used on the project. TRISTAR will not be utilizing subcontractors. 5. Completed Pricing Sheet Comp l eted Attachment 2 -Pricing Sheet Please find our completed Attachment 2 uploaded separately to the portal. Supporti ng documentation for proposed pri cing At TRISTAR, we believe that you should have a clear understanding of the price we charge for our services. We are straightforward regarding our methodology, open to discussion relative to our assumptions and cost estimates, and receptive to any alternatives you would like us to consider. Since our experience has proven that improper focus on admi nistrative costs does not achieve the goa l of properly managing total claim disposa l costs, we will work w ith you to strike a proper balance between controlling administrative expenses and providing the appropriate level of resources to rea lize the best economic outcomes on your claims. We have utilized the desired service specifications to develop our price offerings. Should a material difference be discovered in the historical dat a and other information provided by you or your representative that we relied on to provide this proposal, TRISTAR reserves the right to make fee adjustments as necessary. For all fee arrangements quoted, our claim service fees do not include services defined as Allocated Loss Adjustment Expense, whether employees of TRISTAR or others perform such services. Please read further for the fu l l definition. CLAIMS SERVICE FEES include: ♦ Complete and thorough desk investigation of all claims reported, including recorded statements where necessary, in accordance with TRIST AR 's Best Practices and any special service agreements made with the County ♦ Evaluation of liability and damages to establish appropriate reserves ♦ Reserve Advisories at County-designated levels ♦ Notification/reporting to the County in accordance with our service agreements ♦ Adjustment and payment of compensable claims transfo rming risk Q 100 Oceangate, Ste. 840 t 888.558 .7478 in to opportunity ? Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUME NT\2 023\P ROCU REMENT\23-524 TP A for Wor kers Comp_tina l_l 0.1 0.2023 Pa ge 1 2 of 2 2 12:2] info@tristargroup.net www.tristargroup.net TRI STAR Page 38 of74 708 ♦ Litigation Planning and Management ♦ Employment of anti-fraud measures, including assignment and d i rection of invest igators to reduce the possibility of payment of non-compensable claims (services of speci al investigators not included) ♦ Maintenance of a record of all i nvestigation, payment, and a djustment activities within TRISTAR's claims system and files ♦ Pre-Sett lement Advisories • Structured Settlement Management (cost of structures not included) • Large Loss Notices/Email Alerts ♦ Claim Acknowledgements • Closing Notices ♦ Status Reports -Initial at 30 days/90 days thereafter until c losure, or as otherwise agreed ♦ Conference cal l s with lega l counsel and other ancillary providers as necessary or requested ANNUAL ACCOUNT ADMINISTRATI ON includes: ♦ Account Management • Implementation Planning and Management • DCSD-Specific Claims Handling Instructions • Account Set-U p ♦ Quality Assurance Management and Review ♦ Bank Account Management and Reconcil iation (TRISTAR Accounts Only) • Customer Meetings ♦ Carrier Audits ♦ Annual Stewardship Meeting/Report and Analyt ica l Review ♦ 1099 Form preparation ♦ Reporting for brokers, actuaries, consultants, and excess carriers ♦ Client Education Programs • Development of Po licies and Procedures RISK MANAGEMENT INFORMATION SYSTEMS ACCESS Includes: • 5 TRISTAR Connect User IDs (additional I Ds available for $750/year) • Customer Hierarchy and Or ganizational Structure maintenance ♦ System Access to Los ses, Financials, and Reserves ♦ Adjuster and Supervisory Notes Access ♦ Report Templates ♦ Scheduled Reports ♦ OSHA Logs, if desired ♦ State Annual and Periodic Reporting as required ♦ Periodic Cost Containment Reports ♦ Claim System T raining, Help Desk Access, and Customer Service Unit Support Claim service fees quoted presume the use ofTRISTAR Managed Care services in accordance with the rates outlined on the Preferred Provider Specialty Services page. PREFERRED PROVIDER SPECIALTY SERVI CES IN 2023. Fees listed are for Preferred Provider Specialty Services. These fees are paid as Al l ocated Loss Adjustment Expenses or, where required by state law, as loss. transforming risk O 100 oceangate. Ste 840 t 888.558.7478 into opportunity· T Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUMENT\2023\PROCU REMENT\23-524 TPA for Workers Comp_linal_l0.10 .2023 Page 13 of 22 ~ info@tristargroup.net www.tristargroup.net TRI STAR Pag.: 39 of74 709 Medica l Bill Review Provider/Ancil lary Bill Review Hospital Bill Review (in and outpatient) Clin ical Nurse Review Implantable Device Review PPO/Pharmacy/DME Specia lty Bill/Out of Network Rev i ew e-billing Duplicate Bills Duplicate Line Items Monthly Savings Reporting Utilizati o n Review Pre -clinical review } Pre -Certification (In-o r Out-Patient and medications) Concurrent Review (Review during hosp italization o r outpatient treatment, as treatment progresses t o ensu r e duration and type of treatment meet appropriate guidelines) Peer Review Lev e l 1 (Includes review of medica l records and communi ca t ion of decision in writi ng to all parties) Lev e l 2 (Includes review of medical records, discussion w ith treating physician and communication of decision in writing to all parties) Enha n ced Intake a n d N urse Triage -Optional Enhanced Telephonic First Notice (O pe r ator service by medical ass i stant s. Inju red employee an d/or supervisor calls to report cla i ms, assistance w ith PPO direction, questions, and refe r rals. Optional int egration w i th nu rse triage services.) $1.95 per li ne (no minimum) 12% of savings 28% of savings 27% of savi ngs 28% of Savings (all savings are post fee schedu le or U&C) 28% of Savings (a ll savings are post fee schedu le or U&C) $2 per bill No Charge $28 per pre-clinica l review. Fee waived if case p r oceeds t o utilization review $140 per pre-ce rtification $125 per hour $250 flat rate for peer review of episodes of care i dentified on medical bi ll review. $295 flat rate when assigned by a nurse case manager following case manager fi le review, or receipt of a r eferral by adjuster for review. $28 per intake ca ll (waived if call moves to t r iage) Telephonic Nurse Triage $125 per intake call (includes (Nu rse aids inju red worker i n self-treatment or sets up an appointment with wallet ca rds for all empl oyees) appropriate provider utilizi ng medica l triage guidelin es/follow up calls) Nurse Case Man agement Telephonic Case Management Field Case M anagement Catastrophic Case Management (High level of RN i nteraction with immediate response to significant injury, e.g., severe head injury, severe burns, gunshot. Ava i lab le 24/7) $95 per hour $105 per hour* p l us Mileage at I RS mileage rate $175 per hou r p l us mi leage t ransfor ming risk O 100 Oceangate. Ste. 840 t 888.5S8.7478 i n to opport unity T Long Be ach, CA 90802 ~ S62.49S.6600 lnfo@tristargro up.net www.tristargroup.nel TRI STAR S :\DOClJME NT\2023\PROCU REMENT\23-524 T PA fo r Worke rs Comp_fina l_l0.10.2023 Page 14 o f 22 Page 40 of74 710 MANAGED CARE Pharmacy Clinician Intervention: Complex Pharmacy Management, Weaning $125 per hour Pr otocols (Weaning available when opioids have been prescribed for 60+ days with no evidence that physician will end treatment pattern.) Physician Intervention: Complex Pharmacy Management. (Utilized in instances of numerous drug interactions of opioids, hypnotics, and anti-depressants, requiring a physician-to-physician review of treatment pattern and weaning options. Follow up cal ls made by a nurse case manager.) Drug Testing: Full, Quantitative Testing (Candidates may be referred or identified by TMC based on risk factors such as cl aim age, high medication use, safety risk, injury type, etc.) Drug Testing Interpretation and Outreach: Complex Pharmacy Management, Weaning (Pharmacist to review and interpret drug testing resu lts. Findings would be communicated to the adjuster and/or provider, where permitted, with the goa ls of ensuring patient safety and reducing fraud, waste, and abuse.) Pharmacist Medication Review: 1-2 medications with full record review and recommendations 3-6 medications with full record review and recommendations 7 or more medications with fu ll record review/recommendations Lia bility Medical Cost Containment Liability Medical Review RN Liability Med ical Review Call Center Claim Reporting: Fax or Internet Centra l Index Bureau/OFAC/CSE/SS MMSEA Reporting Subrogation/Recovery /Restitution OHSA Reports MSA Cost Projection Social Security V erification Initial Medicare Conditional Payment Inquiry CMS Submission of MSA (including re-r eview requests) and Basic Self Administration He l p Serv ice (includes CMS manual with 12 instances of telephone/email help requests in first year following funding of MSA). MSA Revisions Review and negotiation of demand letters (Conditional Payment Notices (CPN)/Conditiona l Payment Letters (CPL)/ Demands. $125 per hour nursing i ntervention plus pass-through of actual physician fees $425 per test with report summary $125 per hour $450 flat rate $675 flat rate $900 flat rate $30 per bill $125 per hour $15 per report $29.95 per report $12 per claim 20% of all fees recovered $5,000 per year $2,300 flat rate Included in the MSA fee Included in the MSA fee Included in the MSA fee Within 6 months: revis ions included Beyond 6 months: $500 per revis ion $450 flat fee transforming risk O 100 Oceangate, Ste. 840 t_ 888.558.7478 into opportunity· T Long Beach, CA 90802 ~ 562.495.6600 mfo@tristargroup.net www tristargroup.net TRI STAR S:\DOCUMEN T\2023\PROCUR EMENT\23-524 T PA for Workers Comp_fin al_ 10.10.2023 Page 15 of 22 Page 41 o f74 711 MANAGED CARE Initiate letter process with Medicare contractor if no conditional payment $225 flat rate letters have been received. Research, obtain, negotiate and assist in resolving Medicaid, Veterans $450 flat fee Administration, and Medicare Advantage Plan liens and recovery requests. Mileage IRS allowance rate ALLOCATED LOS S ADJUSTMENT EXPENSES includes any fee or expense which is chargeable o r attributable to the investigation, coverage analysis, adjustment, negotiation, settlement, defense, or general handling of any Cl aim or action related thereto, or to the protection and/or perfection of the Customer and/or Carrier's right of subrogation, contribution or indemnificati on, all as reasonably determined by TRISTAR . Allocated Loss Adjustment Expense(s) may be incurred for services provided by TRISTAR, its affiliates and subsidiaries, or third parties and include, but are not l imited to: ♦ Attorney's fees and disbursements incurred in connection with the determination of coverage and/or the adjustment, defense, negotiation, or settlement of any Claim; attorney's fees incurred for representation at depositions, hearings, pretrial conferences, and/or trials; ♦ Fees and expenses incurred for: handling any Alternative Dispute Resolution (ADR) proceeding; legal actions, including trials or appeals; pursuing any declaratory judgment action, including deposition fees; cost of appeal bonds; court reporter or stenographic services, filing fees, and other court costs, fees and expenses; transcript or printing servi ces and all discovery expenses; service of process; witnesses' testimony, opinions, or attendance at hearings or trial; ♦ Fees and expenses for attendance at or participation in ADR proceedings, hearings, trials, or other proceedings by TRISTAR personnel or its subcontractors; ♦ Statutory fines or penalties; pre-and post-judgment interest paid as a result of litigation, unless regulatory or reporting requirements define such interest as loss or indemnity payments; • Subcontractors' fees and travel expenses, including independent adjusters, automobi le and property appraisers, to the extent that same are incurred in the adjustment, negotiation, settlement, or defense of any Claim; • Fees and expenses incurred in conjunction with the telephonic, web, or other e lectronic methods of reporting Claims; • Experts' fees and expenses including reconstruction experts, engineers, photographers, accountants, economists, metallurgists, cartographers, architects, hand-writing experts, physicians, appraisers, and other natural and physical science experts, plus the f ees and expenses associated with preparation of expert reports, depositions, and testimony; ♦ Fees and expenses for surveillance, undercover operative and detective services or any other investigations; • Fees and expenses for medical exami nations or autopsies, including diagnostic services and related transportation services, durable medical equipment, and medical reports and rehabilitation evaluations, unless regulatory or reporting requirements define such fees and expenses as loss or indemnity payments; ♦ Fees and expenses for any public records, medica l records, credit bureau reports, index bureau reports, and other like reports; ♦ Fees and expenses incurred where TRISTAR determines it is reasonable to pursue the rights of contribution, indemnification, or subrogation of the Customer, including attorney and collection agency fees and/or expenses; transforming risk O 1 00 O ceangate, Ste . 840 t_ 888.558.7478 in to opportunit y T Long Beach , CA 90802 " S62.495.6600 S:\DOCUMENT\2023\PROC UREMEN1i23-524 T PA for Workers Comp_final_l0.1 0 .2023 Page 16 o f 22 info@tristargroup.net www. tristargrou p. net TRI STAR Page 42 of74 712 ♦ Medical or vocational rehabi l itation fees and expenses, and al l other medical cost contai nment services, including, but not l imited to, uti lization review and management , pre-audit admission authorization, hospita l bill au dit or adjudication, provider bill audit or adjudication, and medi cal case management, if applicable, unless regulatory or reporting requirements define such expenses as loss or indemnity payments; and • Extraordinary travel and related fees and expenses incurred by TRISTAR at the express request of Customer, which are not otherwise payable under this Agreement. 6. Financial Stability Provide a financial stability statement indicating the firm has the n ecessary resources (human and financial) to provide the services at the level required by the County. The County reserves the right to request a financial statement, a certified audit, or a third party prepared financial statement. The County reserves the right to use a third-party company to verify financial information Jl)rovided. Provide similar information for a subcontractor or joint venture arrangement. TRISTAR is a privately-held corporation that was founded in 1987. It continues under the leadership of our founder Thomas Vea l e with the support of a strong executive team averaging 30+ years of experience in the industry and 20 years at TRISTAR. Since its founding, TRISTAR has steadily worked to grow its presence in the industry by expanding the services offered and the acquisition of sma ller TPAs to increase its footprint across the country. Today TRISTAR is the largest privately-held third-party administrator in the country, with nearly 1,000 talented team members and $100 mi llion in revenues. 7. Litigation Information on the nature and outcome of litigation and proceedings for the previous three (3) years where the firm has been involved in any matter related to professional activities. From time to time, TRISTAR is involved in arbitration or litigation, which has arisen in the normal course and conduct of its business. These cases are almost al ways third-party actions brought by claimants against the principal (insurance carrier or business entity) and sometimes naming TRISTAR as a party related to specific claims under the policies or self-insured programs. These c laims are usually not materia l and are most often reso lved without the need for TRISTAR to become involved in lit igation. There is no ongoing arbitration or litigation that would affect our ability to provi de services for the County. If any additional information is required, please contact us for clarification. 8. Other Information Work examples: Annual Organizational Injury Analysis, T raining Topics Available, Billing Example, Example Employee Correspondence for new inju ry, Documentation on process for post-injury medications, After Hours Contact process. Provide a list of available safety classes TRISTAR offers an on line streaming safety video library, which may be made available to the County at no additional cost. Topics cover a wide variety of subjects for the County, including office ergonomics, harassment, blood-borne pathogens, back safety, drug-free workplaces, discrim ination prevention, emergency preparedness (active shooter/workplace violence), etc. Key features include: ♦ 24/7 availability via internet access transforming risk O 100 Oceangate, Ste. 840 t 888.558.7478 into opportunity T Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUMENn2023\PROCUREMENT\23-524 T PA for Worker s Comp_final_lO. 10.2023 Page 17 of 22 BJ info@tristargroup.net www.tristargroup.net TRI STAR Page 43 of74 713 ♦ Topic-based organization -lets client users find videos quickly ♦ Robust site search -can search by title, product number, product name, etc. ♦ Additional material, such as certificates of completion and quizzes avai l able on many videos ♦ Completely mobile compatible -a ll videos and all devices ♦ Over 750 titles with more than 365 also available in Spanish ♦ Closed captioning for all videos ♦ Constantly updated -new videos added as released Provide Plan for Transition of accounts: As the incumbent, TRISTAR will not be transitioning a program. As the County is familiar with, TRISTAR is efficient and timely in transitioning a claims administration program. Our successful partnership began with a thorough knowledge and understand ing of the County's goals and objectives, aligning those goals with ongoing service requirements and resources, and the continuous assessment, analysis, and improvement of program deliverables and initiatives. Quality Assurance TRISTAR recognizes the vital importance of quality in both the service provided to our clients and our technical claims product. Our robust Quality Assurance program helps assure consistent, high-quality service in compliance with applicable statutes, rules, and regulations. T RISTAR's quality control measures include but are not limited to, a series of national programs to ensure that we are consistently adhering to those practices and procedures established to move files to appropriate closure. TRISTAR takes a multi-faceted approach to Quality Control to ensure that we consistently adhere to practices and procedures established to move files to appropriate closure. There are three formal audits conducted annually for each clai ms operation unit to ensure compliance with TRISTAR policies and procedures as well as cl ient and State and Federal handling requirements. TRISTAR can conduct additional audits if requested by a manager or client. Auditors select claims random ly based on a pre- determi ned percentage of claims by claim type. Audits include comprehensive check data po ints, including claim fi le setup and correspondence, fi le administration, investigation, coding, reserves, indemnity benefits, medica l payments, subrogation/recoveries, litigation management, excess carrier reporting, claims management, and supervisor and manager involvement. TRISTAR also brings in external auditors to ensure that our practices, policies, and standards are at the highest levels and are compliant with SSAE and HI PAA, as well as all state and local statutes. The national audit program includes the following: • A claims audit is performed by our quality assurance department to ensure com pliance with current law, TRISTAR claims administration guidelines, move files to closure, return i njured workers to productive work, and adhere to cl ient service instructions. • A financial audit performed by TRISTAR's financial auditors for review of payments, accounting, reserving, and other financial controls. ♦ SSAE 18 SOC 1 {Type II}/SOC 2 (Type II) performance audits performed by JLK Rosenberger, CPAs. To protect the accuracy of claims data provided to our clients as well as the safety of the data TRISTAR holds on behalf of its clients, TRISTAR annually obtains both a SOC 1 (Type II) and a SOC 2 (Type II ) audit report. The SOC 1 report attests to the suitability of the design and operating effectiveness of TRISTAR's controls over the claims administration process. The SOC 2 report attests to the suitability of controls at a service organization relevant to data security, availability, and confidentiality. TYPE II audits d escribe and evaluate TRISTAR's practi ces over an extended time (typically 3-12 months.) The two reports, including transforming risk o 100 oceangate, Ste. 840 t 888.558.7478 into opportunity · -., Long Beach, CA 9oso2 "'-' 562.495.6600 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_linal_ 10. l 0.2023 Pa ge 18 of 22 l2I info@tristargroup.net www. t rist a rgrou p. net TRI STAR Page 44 o f 74 714 unqualified opinions, are issued in the fourth quarter of the year by JLK Rosenberger, CPAs, after extensive audits. Our SSAE 18 SOC 1 (Type I I}/SOC 2 (Type II) audit is available upon request with a signed confidential ity agreement. TRISTAR w il l review audits performed by our internal quality assurance department upon request. The auditors track performance by claim unit and report the information to TRISTAR's Branch Manager, Vice President of Client Services and Claims Operations, Vice President/Regional Manager, and President. Branch managers are expected to achieve 85% or above. If there is a noticeable trend or consistent error with the adjuster, the manager or supervisor utili zes the information for immediate training and correction. CLAIMS SERVICES SUMMARY. To ensure that claims examiners can focus appropriately on the management and resolution of each cla i m file, TRISTAR supports our examiners by offering appropriate caseloads, clerical staff for non-technical administrative duties, and oversight by experienced supervisors. The latter does not carry a personal caseload. Our Best Practices are based upon proven claim management practices that deliver consistent, top-quality results. Within our claim system, automated diaries and system requirements help ensure that examiners and supervisors manage/oversee claims in compliance with our Best Practices and any applicable Client Handling Instructions. SUPERVISORY OVERSIGHT AND REVIEW. TRISTAR supervisors do not carry a caseload, allowing them to concentrate on their primary function, providing oversight and mentoring the examiners to ensure the best resolution of a ll claims. Files are reviewed by supervisors on both a random and a systematic basis. Supervisors are required to review all new indemnity claims within ten business days of TRISTAR's receipt of the claim. This is to verify all pertinent issues have been identified and addressed, appropriate compensability determination was made, reserves are appropriately set, diaries are in place, benefits have been accurately calculated and paid, benefit notices are complete, and a thorough action plan is documented in the file. Supervisors review all indemnity claims at 90 days and complete a thorough review of the file . A subsequent supervisor diary is mandatory on active indemnity claims every 180 days or more frequently; the diary must be appropriately set for the specific claim. The supervisor reviews all claims where reserves, payments, or settlement authority exceeds that of the claims examiner, and proper documentation of the review is entered into the notepad. SYSTEMATIC AUDIT. TRISTAR conducts multiple audits throughout the year. There is an internal audit of each branch annually to evaluate the performance of each examiner and supervisor. Critica l areas are audited, such as diary review, plan of action, investigation, supervisor involvement, and excess review. An audit report is published and distributed to management and senior management. Branch managers complete action plans for any score below 85%. In addition, quarterly audits are conducted to review our pe rformance on 3 -point contact, initial supervisor reviews, and 90-day supervisor reviews. SELF AUDIT. The claims examiners perform self-audits on their fi les. Utilizing the Closure Checklist, this self-audit addresses items such as processing appropriate forms, correct calculation of payments, and any unpaid or disputed medical bills or liens. transforming risk t') 100 oceangate. Ste. 840 t 888.558.7478 in to opportunity ~ Long Beach, CA 90802 ~ 562.495.6600 S:\OOCUMENT\2023\PROCVR EMENT\23-524 TPA for Workers Comp_final_l 0. 10.2023 Page 19 of 22 info@tristargroup.net www.tristargrou p.,1et TR I STAR Page 45 o f74 715 TECHNICAL AUTHORITY LEVELS. TRISTAR has programmed the claims administration system to provide technical authority levels based on job title, experience, and client requirem ents in the areas of reserving, claim delay or den ial, benefit payment, and change . Our system also includes edits that provide for supervisory and management review of files, payments, and lega l documents on an ongoing basis at critical times throughout the life of a claim. Documentation of their involvement is required i n the computerized claim file notes. U SE OF "COMMITTEE" SYSTEM. TRISTAR uses a committee-style claims administration when establishing the initial plan of action and reserve analysis on catastrophic c laims. The committee will consist of the adjuster, supervisor, branch manager, and client {where appropriate}. TRISTAR uses committees for "roundtable" discussions and the development of action plans for potentially fraudulent claims and c laims training exercises. LEGAL DOCUMENT CONTROL. A supervisor reviews all legal mail. The adjuster and supervisor document all future court dates in our computer system and monitor awards, assuring prompt payment. CLIENT PROCEDURAL COMPLIANCE. TR ISTAR completes a new client implementation form for every account, which includes c lient-specific r equirements. Where appropriate, Client I nstructions are automated via diary and system requirements. Compliance with Client-Specific Handling Instructions is reviewed during Supervisor Diaries and audited as part of our QA Audit Program. INCENTIVE FOR QUALITY ASSURANCE EXCELLENCE. The TRISTAR President's Award for Claims Handling Excellence is awarded annually as an incentive for examiners and supervisors to achieve outstanding audit results: examiners must score 95% or higher, and supervisors must have an individual audit score of 95% or higher, and thei r units must earn an overall score of 90% or higher. Team members who achieve these metrics earn a monetary prize, a plaque, and recognition in our internal newsletter. Client Training Prog r ams TRISTAR be l ieves the most effective training for our clients is tailored to their specific needs and audience. For example, we can provide a wide array of t raining, from a very det ailed description of the workers' compensation system to a general overview of what workers' compensation is and how the system works. We teach the level of detail based on our audience: department/division heads, supervisors, or employees. Topics that we are often requested to present are accident investigation, how and when to report an injur y, an overview of the workers' compensation system, benefits of returning employees to modified duty, what an employer can do to impact the cost of a claim, how is a claim reserved and other areas of interest. We can also present topics regarding new legislation and changes in rules, procedures, and statutes. REGULATORY, STATUTORY, LEGAL UPDATES. TRISTAR's Quality Assurance Department is responsible for ensuring that our employees and clients stay current on workers' compensation statutes, rules, and regulations, including legal requirements and trends in case management. We offer regular ongoing training to ensure that a ll employees remain abreast of new trends and updates impacting national and local workers' compensation landscapes. We provide our clients with periodic updates on legislative changes, regu latory changes, pending cases, and case decisions that significant ly impact their workers' compensation programs. These updates range from formal announcements to all TRISTAR clients concerning the broad application of t hese changes to informal discussions between the claims staff and risk management staff pertaining to a specific claim. t ransforming risk O 100 oceangate, Ste. 840 t 888.sss. 7478 into opportunity 'T Long Beach, CA 90802 ~ 562.495.6600 S:\DOCUM ENT\202 3\PR OCU REM ENT\23 -524 TP A for Workers Comp_final_l 0. I0.2023 Page 20 of 22 info@tnstargroup.net www. t ristargrou p . net T RI STAR Page 46 of74 716 PROCEDURAL MANUALS. TR ISTAR's Qual ity Ass u rance Departments mai ntain and regu larly update our Best Practices and Procedures Manual. All employees are trai ned i n the manua l's r equirements and have access to it at all times. I n addition, during the implementation process. T RISTAR will develop a cl ient-specific handling guideline document outlini ng the Count y 's specific requ irements, policies, and procedures. TR ISTAR w ill provide our Bes t Pract ices Manual and t h e County's Claim Handling Guidelines to the County. TECHN I CAL ASS ISTANCE. TRISTA R will schedu le systems training sess i ons for the Co u nty users through our Cl ient Services and/or Help Desk team during the client transition period. Additi onal training can be p rovided upon request t h roughout the course of our engagement. Ongoing, the County's assigned cla im and client services t eam may assist w it h cust om report producti on and troubleshoot common questi ons. I n addition, TR IST AR has an in-house, US -based service desk, which is available to our clients. t ransfor ming r isk o 100 oceangate, Ste. 840 t 888.5S8.7478 into opportunity· 'Y Long Beach, CA 90802 ~ 562.49S.6600 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l 0 .1 0 .2023 Page 21 of 22 111 fo@trista rgrou p. net www. t ristargrou p. net TRI STAR Page 47 o f 74 717 COMPOSITE EXHIBIT C ATTACHMENTl -SUBMITTALFORM 23 -524 The undersigned hereby declares that: TRISTAR Claims Management Services, Inc. has examined and accepts the specifications, tenns, and conditions presented in thi s Solicitation, satisfies all le gal requirements to do bus iness with County, and to furnish THIRD PARTY ADMINISTRATOR FOR WORKERS COMPENSATION, EMPLOYER LIABILITY, PROPERTY AND LIABILITY for which Submittals were advertised to be received no later than 3 :00 P .M. Eastern time on the date stated in the solicitation or as noted in an adde nda. Furthermore, the undersigned is duly authorized to execute this document and any contracts or other transactions required by award of this Solicitation. 1.0 TERM OF CONTRACT Contract will be awarded for an initial one (1) year tetm with the option for two (2) subsequent two (2) year renewals. Renewals are contingent upon mutual written agreement. Contract will commence upon the first day of the next calendar month after approval by the authorized authority. Contract remains in effect until completion of the expressed and implied waii-anty periods. County reserve s the right to negotiate for additional services/items similar in nature not known at time of solicitation. 2 .0 PAYMENT Contractor shall email County's using department an accurate invoice within 30 calendar days after delivery. Invoices shall reference the: purchase/task order, delivery date, delivery location, and corresponding packing slip or delivery ticket signed by a County representative at the time of acceptance. Failure to submit invoices in the prescribed manner will delay payment. Payme nts will be tendered in accordance with the Flo1ida Prompt Payment Act, Pait VII, Chapter 218, Florida Statutes. County will remit full payment on all undisputed invoices within 45 days from receipt by the appropriate County using depa1tment. County will pay interest not to exceed 1 % per month on all undisputed invoices not paid within 30 days after the due date. All pricing will be FOB Destination unless otherwise specified in this solicitation document. Pricing submitted will remain valid for a ninety (90) day period. Vendor accepts MasterCard for payment: NO 3.0 CERTIFICATION REGARDING LAKE COUNTY TERMS AND CONDITIONS I certify that I have reviewed the General Terms and Conditions for Lake County Florida and accept the Lake County General Te1ms and Conditions dated 5/6/21 as written including the Proprietaiy/Confidential Information section. YES Failw·e to acknowledge may result in Submitta l being deemed non-responsive. 4.0 CERTIFICATION REGARDING FELONY CONVICTION Has any officer, director, or an executive perfonning equivalent duties , of the bidding entity been convicted of a felony during the past ten ( l 0) ye ars? N O 5.0 CONFLICT OF INTEREST DISCLOSURE CERTIFICATION Except as listed below, no e mp loyee, officer, or age nt o f the film has any conflicts of interest, real or apparent, due to owne rship, other clients, contracts, or interests associated with this project; and this Submittal is made without prior unde rs tanding, agreement, or connection with any S:\DOCUMENT\2023\PROCU REME NT\23-524 TPA for Wo rkers Comp_fina l_l0.10.2023 Page 1 ofr3age 48 of74 718 ATTACHMENT 1-SUBMITTAL FORM 23-524 corporation, firm, or person submitting a proposal for the same services, and is in all respects fair and without collusion or fraud. Click or tap here to enter text. 6.0 CERTIFICATION REGARDING BACKGROUND CHECKS Under any County Contract that involves Contractor or subcontractor personnel working in proximity to minors, Vendor hereby confirms that any personnel so employed will have successfully completed an initial, and subsequent annual, Certified Background Check, completed by Contractor at no additional cost to County. County retains the right to request and review any associated records with or without cause, and to require replacement of any Contractor employee found in violation of this requirement. Contractor shall indemnify County in full for any adverse act of any such personnel in this regard. Additional requirements may apply in this regard as included within any specific contract award. YES 7.0 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM County does not establish specific goals for minority set-asides however, participation by minority and non-minority qualified firms is strongly encouraged. If the firm is a minority firm or has obtained certification by the State of Florida, Office of Supplier Diversity, (OSD) (CMBE), please indicate the appropriate classification(s) not applicable not applicable and enter OSD Certification Number Click or tap here to enter text. and enter effective date Click or tap to enter a date. to date Click or tap to enter a date. 8.0 ANTITRUST VIOLATOR VENDOR LISTS 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 for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new 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 new leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a new contract with a public entity; and may not transact new business with a public entity. 9.0 FEDERAL FUNDING REQUIREMENT 9.1. NIA 10.0 RECIPROCAL VENDOR PREFERENCE Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County. The following information is needed to support application of the Code: A. Primary business location of the responding Vendor: 100 Oceangate Long Beach, CA 90802 B. Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted: YES If "yes" is checked, provide supporting detail: 1540 International Parkway, Suite 200, Lake Mary, FL 32746 11.0 GENERAL VENDOR INFORMATION Firm N arne: TRIST AR Claims Management Services, Inc. Street Address: 100 Oceangate Suite 840 S:\D0CUMENT\2023\PR0CUREMENT\23-524 TPA for Workers Comp_final_I0.10.2023 Page 2 ofP3age49of74 719 ATTACHMENT 1-SUBMITTAL FORM City: Long Beach State and ZIP Code: CA, 90802 Mailing Address (if different): Click or tap here to enter text. Telephone: 562-495-6600 Fax: Click or tap here to enter text. Federal Identification Number/ TIN: 13-3832689 DUNS Number: 92-951-0410 12.0 SUBMITTAL SIGNATURE 23-524 I hereby certify the information indicated for this Submittal is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am an authorized representative of this Vendor and/or empowered to execute this Submittal on behalf of the Vendor. I, individually and on behalf of the Vendor, acknowledge and agree to abide by all terms and conditions contained in this solicitation as well as any attachments, exhibits, or addenda. Name of Legal Representative Submitting this Proposal: .Z5CJ.?»4s' / l?icV'tl Date: 4/10/2023 Print Name: Thomas J. Veale Title: President Primary E-mail Address: jimmy.dyer@tristargroup.net Secondary E-mail Address: tristar.marketing@tristargroup.net The individual signing this Submittal affirms that the facts stated herein are true and that the response to this Solicitation has been submitted on behalf of the aforementioned Vendor. [The remainder of this page is intentionally blank] S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_J0.10.2023 Page 3 of P3 age 49 of74 720 Attachment 4 -Worksheet 23-524 TR/STAR Claims Management Services, Inc. OFFICE LOCATION-CURRENT LOCATION IN THE STATE OF FLORIDA STREET NUMBER STREET NAME STATE ZIP CODE YEARS AT LOCATION 154( International Parkway Suite 2000 FL 3274E 10 years. PERSONNEL TO ADMINISTER SERVICES PROPOSED Years with Current Workload Name Location Company in (number of current role current clients) Account Service Rep. Kevin Cothron Florida ~ : Implementation Manager Jimmy Dyer Texas 2( 1: Other ADMINISTRATIVE SERVICES Confirm Deviation 1. Confirm the ability to transition all existing W/C claims from current provider to meet the October 1, 2023, deadline. This plan must ensure all needed medical services must be provided to those currently on W/C and the provision of any other service needed to meet yes 2. Confirm Firm will administer workers' compensation benefits in accordance with established practice parameters and protocols of treatment as provided for in Chapter 440, Florida Statutes. yes 3. Confirm initial contact with new claimants and the establishment of a claims file will occur within twenty-four (24) hours of receipt of the Employers' First Report of Injury or Illness for the County. Claim files will be available for review by the County at any time during the TPA's regular business hours. yes 4. Confirm treatment programs for injured employees will be monitored to ensure they receive proper care and to avoid over treatment situations. yes 5. Confirm Firm will meet state law regarding utilization review guidelines and standards. yes 6. Confirm Firm will establish claim reserves and provide a continual review and update of reserves to reflect changes during the life of all claims. yes 7. Confirm Firm will complete needed AWW, 13-week salary computations, Medicare set- aside projections and other W/C indemnity payments. yes 8. Confirm Firm will provide on-going training to County employees as needed/requested to explain Division of Workers' Compensation (DWC) benefit notices and other required letters, forms, reports or procedures. yes 9. Acknowledge all County HR staff inquiries will be acknowledged within same workday, and/or when necessary, provide an update on forecasted issue resolution timeframes. latest is next business day 10. Confirm all penalties incurred because of failure of Firm to comply with statutory laws and/or administrative regulations shall be the sole responsibility and paid by Firm. yes 11. Confirm Firm will maintain accurate and timely loss runs in a format and system acceptable to the County and/or required by law. yes 12. Acknowledge County will select defense and subrogation counsel for each case. County has an awarded contract with outside counsel/ this service is outside the scope. yes 13. Firm is responsible for proceeding against responsible persons, agencies, and/or agents in subrogation actions to recover losses suffered by the County due to employee injuries. yes 14. Acknowledge County reserves the right to approve, disapprove or select any and all service providers including medical case managers, rehabilitation counselors, primary medical treatment inpatient and out-patient facilities, physicians, specialists, chiropractors, legal yes S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_I0.10.2023 Page 51 of74 721 Attachment 4 -Worksheet 23-524 15. Confirm Firm will assume liability for services rendered in regard to claims processing, Firm will assume liability to timely payment, indemnity calculations and any other service provided by Firm to the County or the County for the Fim's to an individual claimant. breach of the service 16. Confirm Firm will recommend special, outside investigations for questionable claims with the coordination and assistance of the County. yes 17. Confirm Firm will provide immediate and advance notice and explanation to the County of any claim for workers' compensation benefits that is contested and may be denied by the TPA. yes 18. Acknowledge the County and/or excess insurer reserve the right to, at any time, inspect, copy, or audit the files, including the right to conduct an independent claims audit paid for by the request 30 day notice to County, excess insurer, and/or State Managed Care Program. yes gather files 19. Confirm Firm will provide viewing and reporting access to the TPA's online claims tracking system. yes 20. Acknowledge all claims' files remain the property of the County and will not be disposed of without the County's prior authorization. yes 21. Confirm that all files that meet closing criteria will be closed in a timely manner. yes 22. Confirm that a representative from Firm will Attend Workers' Compensation Appeals Board hearings, status conferences and trials along with depositions, conferences with legal defense counsel, and meetings with County staff as required. yes 23. Confirm that Firm will provide all forms, posters, and pamphlets as required by Chapter 440, Florida Statutes, that are necessary for the processing of claim and benefit information at the TPA's own expense. yes 24. Acknowledge that Firm will prepare the Public Entities Self-Insured Annual Report, and any additional reports required by Federal or State law (e.g., OSHA 300 Log). yes 25. Acknowledge that Firm will prepare DFS-F2-Sl-17 Statistical Reports for submission to State of Florida. Yes 26. Acknowledge that Firm will coordinate with and report all claims meeting the County's excess insurance carrier's reporting criteria as established by the excess insurance carrier immediately upon determination that criteria is met. yes 27. Demonstrate knowledge of an Early Return to Work Program. yes 28. Acknowledge Firm has staff that can provide onsite education programs for employees on selected safety topics. yes 29. Acknowledge Firm can provide access and assignment of nurse advocates to cases after approval by County. yes 30. Acknowledge Firm will provide a biannual analysis with benchmarks and strategies for enhanced medical service/facility cost savings resulting from your Preferred Provider Network or other services. yes 31. Confirm Firm regularly employs strategies for cost savings due to TPA operation or contracted bill review activities. yes 32. Acknowledged Firm {when appropriate) will prepare and discuss strategies for medical cost control on litigated claims with the County before allowing defense counsel to select a yes 33. Acknowledge adjusters will closely monitor litigation efforts and communicate regularly with County and their selected counsel. County must authorize all depositions and yes 34. Acknowledge that prior to any settlement conference, hearing or trial, the claims administrator and defense counsel will provide a written analysis of the case, including options and recommendations for settlement. All permanent disability ratings must include the rating formula and dollar amount. yes 35. Confirm Firm will establish controls and procedures to manage and contain claim defense costs. How will this be done? yes MEMBER SERVICES AND STAFFING Confirm Deviation 36. Confirm Firm will assure that all customer service and claims staff are trained in the specific technical issues of the County's account. yes 37. Confirm Firm will be able to maintain appropriate staffing levels to serve participants in the respective programs. yes S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 52 of74 722 Attachment 4 -Worksheet 23-524 38. Confirm W/C claimants will have year-round access to toll free customer service. This customer service function must be available at the Firm's expense. yes 39. Confirm the telephonic customer service function will be available (at a minimum) from 8:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday. yes 40. Confirm Firm will have a telephone system and staff capacity adequate to respond to covered persons within 24 hours. yes 41. Confirm Firm will record, maintain, and share with County any information regarding service-related or other complaints reported by covered employees. yes ACCOUNT MANAGEMENT SERVICES Confirm Deviation 42. Confirm Firm will provide a dedicated account manager who will be a single point of contact, is able to make decisions, or report to a person who can make decisions, concerning process changes, as required, to oversee this account. yes 43. Confirm Firm will notify the County of any changes in account management or contact persons immediately. yes 44. Confirm that the account manager will maintain an up-to-date understanding and knowledge of the County's account. yes 45. Confirm Firm will provide an annual account management performance survey to be completed by the County. yes 46. Confirm Firm will meet bi-annually to review account performance and individual claimant statuses for all files that meet a mutually agreed up minimum threshold of $25,000.00 in medical and or indemnity payments. Reports should also include accident analysis by County department. Please provide report examples in Tab 8 -Other Information of the RFP. biannual stewardship COMMUNICATION AND MARKETING SERVICES Confirm Deviation 47. Confirm Firm, upon approval from the County, will be responsible for coordinating communication and marketing activities related to Services. yes 48. Confirm Firm will be responsible for all costs of producing, printing, and mailing/distributing adequate quantities of marketing and administrative supplies as designated by the County. The format and content of all materials used for the County account shall be yes 49. Confirm Firm can provide electronic communications, upon approval by the County, directly to claimants as appropriate. yes 50. Confirm Firm will allow the County to review and approve any informational materials provided to participants. yes IMPLEMENTATION SERVICES Confirm Deviation 51. Confirm Firm will designate an implementation team of experienced staff to work with the County and/or it's consultants to effectively implement the program on schedule. yes 52. Confirm Firm will outline required timelines for October 1, 2023 implementation. yes 53. Identify any and all County resources need for implementation. yes •. REQUESTED INFORMATION RESPONSE 54. Describe the process and timeline for handling new TRISTAR offers multiple reporting options, including data exchange, W/C claims. email, facsimile, on line forms, and a call center for telephonic reporting and/or telephonic nurse triage services. Reporting services are available 24/7, with emergency escalation protocols available 55. Describe the process and timeline for handling denied TRISTAR returns denied claims to the provider with an explanation claims appeals. of the reason for denial. TRISTAR also returns duplicate bills to the provider. TRISTAR does not charge for full or partial duplicates. 56. Describe the notification/Communication process for Same-day contact with all parties involved in the loss, including W/C participants throughout their claim cycle. plaintiff's counsel, Same-day contact with employee, employer and a doctor to determine compensability and injury, Regular aggressive follow-up with contacts throughout the life of the file S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp_ final_ I 0.10.2023 Page 53 of74 723 Attachment 4 -Worksheet 23-524 57. Describe policy on when nurse advocates are used Nurse case managers are used as needed based on the protocols on claims. agreed to by the County. 58, Describe information included in account review Formally review claims meeting the County's thresholds (incurred meetings. How often are these typically held? Perferred to value, injury/incident type, litigated, etc.) or as specifically meet in January and July. requested, including: Monthly service indicator trends, Service issues/concerns, Service enhancement opportunities, State rule and regulation updates, Service Procedure revisions as needed, 59, Provide a list of available safety classes -either here Please see Tab 8 for information. as a list or in Tab 8 -Other Information of this RFP. 60. Provide Plan for Transition of accounts. This can be Please see Tab 8 for information. provided under Tab 8 -Other Information of this RFP. 61. What type of investigative services are available TRISTAR's responsibility to our clients is to determine if claims made through your firm? by their employees for obtaining benefits are compensable under relevant jurisdictional statutes regardless of the type of claim. The process for determining whether a claim is compensable is to conduct a thorough investigation with regard to whether the claimed injury arose out of/or in the course of employment (AOE/COE). S:\DOCUMENT\2023\PROCUREMENT\23-524 IPA for Workers Comp_final_l0.10.2023 Page 54 of74 724 ADDENDUM NO. 1 / L)tlE COUNTY, F L ll4L rLoq111t • 'HH CLOSl Office of Procurement Services P.O. Box 7800 • 315 W. Main St., Suite 416 • Tavares, FL 32778 SOLICTATION : Third Pa1ty Administrator for Workers Comp, Employer Liability, Property and Liability 23-524 03/16/2023 Vendors are responsible for the receipt and acknowledgement of all addenda to a soli citation. Confirm acknowledgeme nt by including an electronicall y completed copy of this addendum w ith submittal. Failure to acknowledge each addendum may prevent the submittal from being considered fo r award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. QUESTIONS/RESPONSES Q 1. Will the County provide Loss runs for each line of business and provide the number of claims reported each line per year? Rt. This information for the current Third-Party Administrator upon request. Q2. May we have a copy of the cwTent contract? R.2 T he current contract can be viewed on our website at the following link. Please note, thi s contract only includes the Workers Compensation and Employer Liability: l 8-00 16 .pdf (lakecounty:fl .gov) Q3. Is the Sheriff, Police D epa1tment or Fire Rescue part of your program? R3. T he Sheriff and Police Departments are not a part of th e program . Fire Rescue and EMS are a part of the program. ADDITIONAL INFORMATION ACKNOWLEDGEMENT Fi1m Name: TRIST AR C laims Management Services, Inc. I hereby certify that my electronic signature has the same lega l effect as if made under oath; that I am an authorized representativ e of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signatur e of Legal Representative Submitting this Bid: Z3o.DN,Y J. ¼akl Date : 4/ l 1/2023 Print Name: Thomas J. Veale Title: President Prima1y E-mail Address: t1istarmarketing@ tristargroup.net S:\DOCUMEN1\2023\PROCUREMENT\23-524 TPA for Workers Co mp_fina l_ 10.10.2023 Page lr9J~s of74 725 ADDENDUM NO. 1 23-524 Secondary E-mail Address: Click or tap here to enter text. S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_ final_ 10.10.2023 726 ADDENDUM NO. 2 / L~RE COUNTY, FL IUAL fl.OfllD.li • E.H CLO'i:[ Office of Pro curement Services P.O. Box 7800 , 315 W. Main St., Suite 416 • Tavares , FL 32778 SOLICT A TION: Third Party Administrator fo r Workers Comp, Employer Liability And Property and Liability 23-524 03/21/2023 Vendors are responsible fo r the receipt and acknowledgement of all addenda to a solicitation. Confirm acknowledgement by including an electronically completed copy of thi s addendum with submittal. Failure to acknowledge each addendum may prevent the submitta l from being con sidered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEJPT OF PROPOSALS. QUESTIONS/RESPONSES Q4. Are you able to provide a detailed loss run reflecting open and c losed claims for all lines of coverage? R4. Yes, the County can provide a loss run report upon request. Q5. How many users currently access the RMIS system? RS. N ot Applicable. Q6. Are you able to provide the date and time fo r the solicitation opening? R6. See document 23-524 T hird Party Administrator for Workers Compensation, Employer Liability, Property and Liability. Q7. Can companies from outs ide the U nited State apply for this? R7. See Exhibit A-S cope of Work, Item 1 -Background Information, S ection 1.1 Q8. Do we need to come over there for meetings? RS. See response to Q7. Q9. Can we perform the tasks (related to the RFP) outside the United States? R9. No. See response to Q7. QlO. Can a proposal be submitted via emai l? RIO. No. All proposals must be submitted via the County portal as outlined in RFP document 23- 524, Section 6.0 , Item B . ADDITIONAL INFORMATION S:\DOCUMENT\2023\PROCUREME NT\23-524 TPA for Wo rkers Co mp_final_l0.I0.2023 Page 1~257 of 727 ADDENDUM NO. 2 23-524 ACKNOWLEDGEMENT Firm Name: TRISTAR Claims Management Services, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: nc.z.2:14,s J ¼<2/4 Date: 4/11/2023 Print Name: Thomas J. Veale Title: President Primary E-mail Address: tristarmarketing@tristargroup.net Secondary E-mail Address: Click or tap here to enter text. S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 1~258 of. 728 ADDENDUM NO. 3 LP:lE C O UNTY. FL IEll ILOR U • iEH tlOH Office of Procurement Services P .O . Box 7800 • 315 W. Mai n St., Suit e 4 16 • Tavares, FL 32778 SOLICTATION: Third Party Administrator fo r Workers Comp And Employer Liability, Property & Liability 23-524 04/07/2023 Vendors are responsible fo r the receipt and acknowledgement of all addenda to a solicitation . Confinn acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES CHANGE THE DA TE FOR RECEIPT OF PROPOSALS. THE NEW DA TE FOR RECEIPT OF PROPOSALS IS APRIL 20, 2023. ADDITIONAL INFORMATION NOTE: Due date has been extended to allow time for questions and requests submitted to be answered and provided. ACKNOWLEDGEMENT Fi,m Name: TRIST AR Claims Management Services , Inc. I hereby ce1tify that my electronic signature has the same legal effect as if made under oath; that I am an authori zed representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: l2t7.m4.S' /. ¼a/4' Date: 4/13/2023 Print Name: Thomas J. Veale Title: President Primary E-mail Address: tristannarketing@ tristargroup.net Secondary E-mail Address: C li ck or ta p here to enter tex t. S:\DOC'U M ENT\202 3\PR OC UREM ENT\23-524 T PA for Wo rker s Co mp_final_l0 .1 0.2023 Page l P9$: h of74 729 ADDENDUM NO. 4 / LA4KE COUNTY, FL .[Al ~1.0Cil l"& • [Al Cl Sl Office of Procurement Services P.O. Box 7800 • 315 W. Main S I., Suite 416 • Tavares, FL 32778 SOLICTATION: Third Party Administrator for Workers Comp And Employer Liability, Prope1ty & Liability 23-524 04/10/2023 Vendors are responsible for the receipt and acknowledgement of all addenda to a solicitation. Confinn acknowledgement by including an electronically completed copy of this addendum with submittal. Failure to acknowledge each addendum may prevent the submittal from being considered for award. THIS ADDENDUM DOES NOT CHANGE THE DATE FOR RECEIPT OF PROPOSALS. QUESTIONS/RESPONSES Q 1 1. Does the County presently have a legal team that they work with regarding claims or does the "successor" of the solicitation have to have their own legal te am regarding claims? If so, why the change? If not, can we or should we be looking forward to working with the present lawyers regarding claims? Rll. The County does have their own outside legal counsel for Liability and a separate one for Workers Compensation which the County will continue to use in the future no matter the Third-Party Administrator. Ql2. Is the County open to responses from vendors providing only billing review, nurse case management, and partnering with the County 's TPA or wil l the program be awarded to one vendor? R12 There will only be one (1) awarded vendor. Q13 . Can the County share the cunent open and anticipated claim volume? R13. The County only provides new claims from 10/1/2021 to present, reflecting a volume of 1.5 years. New Claims Run Report Information for 10/1/2021 to Present: Workers' Compensation Claims: 1/1/2022 to 12/31/2022 were 182, includes "Report Only." Total Open Claims for this period is 21. Property & Liability Claims: 1/1/2022 to 12/31/2022 were 242 (includes in house handled claims a nd "Report Only") Total claims for this period turned into the TPA were 8, and of those 8, 7 are still open. ADDITIONAL INFORMATION ACKNOWLEDGEMENT S:\DOCUMEN112023\PROCU REMENT\23-524 T PA for Wor ke rs Comp_final_l 0.I0.2023 Page lr!i1b260 o f 730 ADDENDUM NO. 4 23-524 Firm Name: TRISTAR Claims Management Services, Inc. I hereby certify that my electronic signature has the same legal effect as if made under oath; that I am an authorized representative of this vendor and/or empowered to execute this submittal on behalf of the vendor. Signature of Legal Representative Submitting this Bid: l2o.m4,,5" /. Pti.:1./4 Date: 4/13/2023 Print Name: Thomas J. Veale Title: President Primary E-mail Address: tristarmarketing@tristargroup.net Secondary E-mail Address: Click or tap here to enter text. S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp_ final_ I 0.10.2023 Page 1~261 of 731 EXHIBITD ATTACHMENT 2-PRICING SHEET 23-524 TR/STAR Claims Management Services, Inc. SA VE AND SUBMIT AS AN EXCEL FILE TPA for Workers Comp; Emloyer Liability; Property and Liability Proposed fees to include any fees (by including additional pricing sheets) related to implementation, transitioning from existing provider, or any other fees that will be billed for any service. It is understood quoted fees will be for the duration of Alterations to locked cells may result in disqualification of submission. (NEW) WORKERS' COMPENSATION CLAIMS Record Only $ 30.00 Per claim. Life of Contract Medical Only $ 155.00 Per claim. Life of Contract Indemnity $ 892.00 Per claim. Life of Contract Transition from Medical to Indemnity $ 700.00 Life of Contract No Charge S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 62 of74 732 ATTACHMENT 2-PRICING SHEET Systems -Interface & Reporting Standard Reports Loss Control Services -Expenses (if required) Rehabilitation Services -Expenses (if required) Conversion fee for data or transfer of claim files from the previous third party administrator. Medical Bill Fee Scheduling (Option A) Medical Bill Fee Scheduling (Option B) Telephonic Nurse Case Management On-Site training charges -to include fees for: facilitation, travel, per diem, materials, etc. I. Implementation timeline completed by 10/1/2023 2. Monthly Billing and Reports 3. Customer Service a.Average Speed of Answer b.Abandonment Rate c.Response to participant inquity d.Resolution of participant inquhy 4. Notification Timelines As specified by the County to include • Initial Contact with employee • Claims set-up/Notification • HR staff inquiries turnaround • HR staff notification of denied claims 5. Provide Account Management Reports -Monthly 6. Incurred penalties for failure to comply with statutory laws or admin regulations. 23-524 $175 $179 At cost No Charge $1.95 per line $95 $90 October 1, 2023 7th Day of Month Option available through 24/7 call center One (1) business day for set up, notification, and turnaround time. 7th of Month Throughout service period. TPA for Workers Comp; Emloyer Liability; Property and Liability Per hour, if programming required Standard reports included in fees Per hour. Large projects would be Please see our proposal for pricing details Please see our proposal for pricing details Per hour. large projects would be negotiated Per hour plus expenses, if any. One-half of one percent of total annual fee One percent (1 %) of Monthly billing TRIST AR will reimburse the County for our failure to comply with statutory laws or admin regulations One percent {1%) of Monthly billing One percent {1%) of monthly billing. TRISTAR will reimburse the County for our failure to comply with statutory laws or admin Lake County is exempt from all taxes {Federal, State, local). A Tax Exemption Certificate will be furnished upon request for any direct purchasing. Contractor will be responsible for payment of taxes on all materials purchased by the Contractor for the project. Lake County will not accept nor authorize payment for travel time or expenses of service personnel to any of lake County's facility locations. The hourly rate must commence on the job site. Billable time will be for service work performed. S :\DOCUMENT\2023\PROCUREMENT\23-524 TP A for Workers Comp_ final_ I 0.10.2023 Page 63 of74 733 EXHIBITE HIP AA BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement ("Agreement") is entered into pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ("HIPAA"), and shall be effective as of the date that the last party executes this Agreement, by and between Lake County, Florida, a political subdivision of the State of Florida, by and through its Board of County Commissioners (collectively referred to as "Covered Entity"), and TRISTAR Claims Management Services, Inc., a foreign profit corporation authorized to conduct business in the State of Florida, its successors and assigns ("Business Associate") in order to comply with the Privacy Rule, Security Rule, and HITECH Act, as defined below, as well as the American Recovery and Reinvestment Act of 2009 ("ARRA"). The parties mutually agree as follows: 1. Definitions. Terms used, but not otherwise defined in this Agreement, will have the same meaning as those terms in the Privacy Rule, Security Rule, and HITECH Act. a. Agent. "Agent" will have the meaning as determined in accordance with the federal common law of agency. b. §164.402. Breach. "Breach" will have the same meaning as the term "breach" in 45 CFR c. Data Aggregation. "Data Aggregation" will have the same meaning as the term "data aggregation" in 45 CFR § 164.501. d. Designated Record Set. "Designated Record Set" will have the same meaning as the term "designated record set" in 45 CFR §164.501. e. Disclosure. "Disclosure" and "Disclose" will have the same meaning as the term "Disclosure" in 45 CFR § 160.103. f. Electronic Media. "Electronic Media" will have the same meaning as the term "Electronic Media" in 45 CFR §160.103. g. Electronic Protected Health Information (ePHI). "ePHI" will have the same meaning as Electronic Protected Health Information (ePHI) in 45 CFR §160.103. h. Electronic Health Record. "Electronic Health Record" will have the same meaning as the term in Section 13400 of the HITECH Act and as set forth in this Agreement. i. Health Care Operations. "Health Care Operations" will have the same meaning as the term "health care operations" in 45 CFR §164.501. j. HIPAA Rules. "HIPAA Rules" will mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. k. HITECH Act. "HITECH Act" will mean The Health Information Technology for Economic and Clinical Health Act, part of the American Recovery and Reinvestment Act of 2009 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 64 of74 734 HIP M Business Associate Agreement 23-524 ("ARRA" or "Stimulus Package"), specifically DIVISION A: TITLE XIII Subtitle D -Privacy, and its corresponding regulations as enacted under the authority of the Act. 1. Individual. "Individual" will have the same meaning as the term "individual" in 45 CFR §160.103 and will include a person who qualifies as a personal representative in accordance with 45 CFR § 164.502(g). m. Minimum Necessary. "Minimum Necessary" will mean the Privacy Rule Standards found at 45 CFR §164.502(b) and 45 CFR §164.514(d)(l). n. Notice of Privacy Practices. "Notice of Privacy Practices" shall have the same meaning as those terms in the HIP M Rules. o. Privacy Rule. "Privacy Rule" will mean the Standards for Privacy oflndividually Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E, as interpreted under applicable regulations and guidance of general application published by HHS, including all amendments thereto for which compliance is required, as amended by the HITECH Act, ARRA, and the HIP AA Rules. p. PHI. "PHI" will have the same meaning as the term "protected health information" in 45 CFR §160.103, limited to the information created, received, maintained or transmitted by Business Associate on behalf of Covered Entity. q. Required By Law. "Required By Law" will have the same meaning as the term "required by law" in 45 CFR § 164.103. r. Secretary. "Secretary" will mean the Secretary of the Department of Health and Human Services or his or her designee. s. Security Incident. "Security Incident" will have the same meaning as the term "Security Incident" in in 45 CFR § 164.304. t. Security Rule. "Security Rule" will mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and C. u. Subcontractor. "Subcontractor" will mean a person or entity "that creates, receives, maintains, or transmits protected health information on behalf of a business associate" and who is now considered a business associate, as the latter term is defined in in in 45 CFR §160.103. v. Subject Matter. "Subject Matter" will mean compliance with the HIPAA Rules and with the HITECH Act. w. Unsecured Protected Health Information. "Unsecured Protected Health Information" will have the same meaning as the term "unsecured protected health information" in 45 CFR §164.402. x. Use. "Use" will have the same meaning as the term "Use" in 45 CFR §164.103. Page 2 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 65 of74 735 HIP AA Business Associate Agreement 23-524 2. Obligations and Activities of Business Associate. a. Business Associate agrees to not Use or Disclose PHI other than as permitted or required by this Agreement in connection with the functions, activities, and services that Business Associate performs for Covered Entity or as Required By Law. The functions, activities, and services that Business Associate performs for Covered Entity are defined in Lake County Contract #23-524, which this Business Agreement is made part of. b. Business Associate agrees to use appropriate safeguards to prevent the Use or Disclosure of PHI other than as provided for by this Agreement or that would otherwise cause a breach of Unsecured PHI. Business Associate further agrees to implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity and availability of any electronic PHI ( ePH), as provided for in the Security Rule and as mandated by Section 13401 of the HITECH Act and comply with Subpart C of 45 CFR Part 164. c. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of the requirements of this Agreement. Business Associate further agrees to report to Covered Entity any Use or Disclosure of PHI not provided for by this Agreement of which it becomes aware, and in a manner as prescribed in this Agreement. d. Business Associate agrees to report to Covered Entity any Security Incident, including all data Breaches or compromises, whether internal or external, related to PHI, whether the PHI is secured or unsecured, of which Business Associate becomes aware. e. If the Breach, as discussed in paragraph 2(d), pertains to Unsecured PHI, then Business Associate agrees to report any such data Breach to Covered Entity within ten (10) business days of discovery of the Breach; all other compromises, or attempted compromises, of PHI must be reported to Covered Entity within twenty (20) business days of discovery. Business Associate further agrees, consistent with Section 13402 of the HITECH Act, to provide Covered Entity with information necessary for Covered Entity to meet the requirements of the HITECH Act, and in a manner and format to be specified by Covered Entity. Business Associate's notification of a Breach of Unsecured PHI shall comply in all respects with each applicable provision of Section 13400 of Subtitle D (Privacy) of ARRA, the HIP AA Rules, and related guidance issued by the Secretary or the delegate of the Secretary from time to time. f. If Business Associate is an Agent of Covered Entity, then Business Associate agrees that any Breach of Unsecured PHI will be reported to Covered Entity immediately after the Business Associate becomes aware of the Breach, and under no circumstances later than one (1) business day after the Breach. Business Associate further agrees that any compromise, or attempted compromise, of PHI, other than a Breach of Unsecured PHI as specified in 2( e) of this Agreement, must be reported to Covered Entity within ten (10) business days of discovering the compromise, or attempted compromise. g. In the event of Business Associate's user or disclosure of Unsecured PHI in violation of HIP AA, the HITECH Act, or ARRA, Business Associate bears the burden of demonstrating that notice, as required by Sections 2(d)-(f) was made, including evidence Page 3 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp __ final_l0.10.2023 Page 3 of74 736 HIP AA Business Associate Agreement 23-524 demonstrating the necessity of any delay, or that the use or disclosure did not constitute a Breach of Unsecured PHI. h. Business Associate agrees, in accordance with 45 CPR§§ 164.502(e)(l)(ii) and 164.308(b)(2), if applicable, to ensure that any Subcontractor, to whom Business Associate provides PHI, agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. Business Associate further agrees that restrictions and conditions analogous to those contained in this Agreement will be imposed on the Subcontractors via a written agreement that complies with all the requirements specified in § 164.504( e )(2), and that Business Associate may only provide the Subcontractors PHI consistent with Section 13405(b) of the HITECH Act. Further, Business Associate agrees to provide copies of the written agreements to Covered Entity within ten (10) business days of a Covered Entity's request for the written agreements. i. Business Associate agrees to provide access, at the request of Covered Entity and during normal business hours, to PHI in a Designated Record Set to Covered Entity or, as directed by Covered Entity, to an Individual, in order to meet Covered Entity's requirements under 45 CPR § 164.524, provided that Covered Entity delivers to Business Associate a written notice at least three (3) business days in advance of requesting such access. Business Associate further agrees, in the case where Business Associate controls access to PHI in an Electronic Health Record, or controls access to PHI stored electronically in any format, to provide similar access in order for Covered Entity to meet its requirements under the HIP AA Rules and under Section 13405(c) of the HITECH Act. These provisions do not apply if Business Associate and its employees or Subcontractors have no PHI in a Designated Record Set of Covered Entity. j. Business Associate agrees to make any amendments to PHI in a Designated Record Set that Covered Entity directs or agrees to pursuant to 45 CPR §164.526, at the request of Covered Entity or an Individual. This provision does not apply if Business Associate and its employees or Subcontractors have no PHI from a Designated Record Set of Covered Entity. k. Unless otherwise protected or prohibited from discovery or disclosure by law, Business Associate agrees to make internal practices, books, and records, including policies and procedures ( collectively "Compliance Information"), relating to the Use or Disclosure of PHI and the protection of PHI, available to the Covered Entity or to the Secretary for purposes of the Secretary determining Covered Entity's compliance with the HIP AA Rules and the HITECH Act. Business Associate further agrees, at the request of Covered Entity, to provide Covered Entity with demonstrable evidence that its Compliance Information ensures Business Associate's compliance with this Agreement over time. Business Associate will have a reasonable time within which to comply with requests for such access or demonstrable evidence, consistent with this Agreement. In no case may access, or demonstrable evidence, be required in less than five (5) business days after Business Associate's receipt of such request, unless otherwise designated by the Secretary. 1. Business Associate agrees to maintain necessary and sufficient documentation of Disclosures of PHI as would be required for Covered Entity to respond to a request by an Individual for an accounting of such Disclosures, in accordance with 45 CPR § 164.528. Page 4 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_ final_l0.10.2023 Page4 of74 737 HIP AA Business Associate Agreement 23-524 m. On request of Covered Entity, Business Associate agrees to provide to Covered Entity documentation made in accordance with this Agreement to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI, including ePHI and Electronic Health Records, in accordance with 45 C.F.R. § 164.528 and related guidance issued by the Secretary from time to time. Business Associate shall provide the documentation in a manner and format to be specified by Covered Entity. Business Associate will have a reasonable time within which to comply with such a request from Covered Entity and in no case may Business Associate be required to provide such documentation in less than three (3) business days after Business Associate's receipt of such request. n. Except as provided for in this Agreement, in the event Business Associate receives an access, amendment, accounting of disclosure, or other similar request directly from an Individual, Business Associate shall redirect the Individual to the Covered Entity. o. To the extent that Business Associate carries out one or more of Covered Entity's obligations under the HIP AA Rules, the Business Associate must comply with all requirements of the HIP AA Rules that would be applicable to the Covered Entity. p. Business Associate must honor all restrictions consistent with 45 C.F.R. § 164.522 that the Covered Entity or the Individual makes the Business Associate aware of, including the Individual's right to restrict certain disclosures of PHI to a health plan where the individual pays out of pocket in full for the healthcare item or service, in accordance with Section 13405(a) of the HITECH Act. q. Business Associate agrees to comply with the "Prohibition on Sale of Electronic Health Records or Protected Health Information," as provided in Section 13405( d) of Subtitle D (Privacy) of ARRA, and the "Conditions on Certain Contacts as Part of Health Care Operations," as provided in Section 13406 of Subtitle D (Privacy) of ARRA and related guidance issued by the Secretary from time to time. r. Business Associate acknowledges that, effective on the Effective Date of this BAA, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6, as amended, for failure to comply with any of the use and disclosure requirements of this BAA and any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. 3. Permitted Uses and Disclosures by Business Associate. a. Except as otherwise limited by this Agreement, Business Associate may make any Uses and Disclosures of PHI necessary to perform its services to Covered Entity and otherwise meet its obligations under this Agreement, if such Use or Disclosure would not violate the Privacy Rule, Security Rule, or the privacy provisions of the HITECH Act, if done by Covered Entity. All other Uses or Disclosures by Business Associate not authorized by this Agreement, or by specific instruction of Covered Entity, are prohibited. Page 5 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_!0.10.2023 Page 5 of74 738 HIP AA Business Associate Agreement 23-524 b. Except as otherwise limited in this Agreement, Business Associate may Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate. c. Except as otherwise limited in this Agreement, Business Associate may Disclose PHI for the proper management and administration of the Business Associate, provided that Disclosures are Required By Law, or Business Associate obtains reasonable assurances from the person to whom the information is Disclosed that it will remain confidential and used, or further Disclosed, only as Required By Law, or for the purpose for which it was Disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. d. Except as otherwise limited in this Agreement, Business Associate may Use PHI to provide Data Aggregation services to Covered Entity as permitted by 45 CPR §164.504(e)(2)(i)(B). Business Associate agrees that such Data Aggregation services will be provided to Covered Entity only when such Data Aggregation services pertain to Health Care Operations. Business Associate further agrees that such services will not be provided in a manner that would result in Disclosure of PHI to another covered entity who was not the originator or lawful possessor of such PHI. Further, Business Associate agrees that any such wrongful Disclosure of PHI is a direct violation of this Agreement and must be reported to Covered Entity immediately after the Business Associate becomes aware of such Disclosure and, under no circumstances, later than three (3) business days after the Disclosure. e. Business Associate may Use PHI to report violations oflaw to appropriate Federal and State authorities, consistent with 45 CPR §164.502(j)(l). f. Business Associate will make Uses, Disclosures, and requests for PHI consistent with the Minimum Necessary principle as Required by Law. 4. Obligations and Activities of Covered Entity. a. Covered Entity shall notify Business Associate of the prov1s1ons and any limitations in its Notice of Privacy Practices of Covered Entity in accordance with 45 CPR § 164.520, to the extent that such provisions and limitations may affect Business Associate' s Use or Disclosure of PHI. b. Covered Entity shall notify Business Associate of any changes in, or revocation of, permission by an Individual to use or disclose PHI, to the extent that the changes or revocation may affect Business Associate's use or disclosure of PHI. c. Covered Entity shall notify Business Associate of any restriction to the Use or Disclosure of PHI that Covered Entity has agreed to in accordance with 45 CPR § 164.522, and also notify Business Associate regarding restrictions that must be honored under section 13405(a) of the HITECH Act, to the extent that such restrictions may affect Business Associate's Use or Disclosure of PHI. Page 6 of 11 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10,2023 Page 6 of74 739 HIP AA Business Associate Agreement 23-524 d. Covered Entity shall notify Business Associate of any modifications to accounting disclosures of PHI under 45 CFR § 164.528, made applicable under Section 13405(c) of the HITECH Act, to the extent that such restrictions may affect Business Associate's Use or Disclosure of PHI. e. Covered Entity shall not require Business Associate to Use or Disclose PHI in any manner that would not be permissible under the HIP AA Rules if done by the Covered Entity. 5. Compliance with Security Rule. a. Business Associate shall comply with the HIP AA Security Rule, which shall mean the Standards for Security of Electronic Protected Health Information at 45 C.F.R. Part 160 and Subparts A and C of Part 164, as amended by ARRA and the HITECH Act. The term "Electronic Health Record" or "EHR" as used in this BAA shall mean an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff. b. In accordance with the Security Rule, Business Associate agrees to: 1. Implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F .R. § 164.310, the technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at 45 C.F.R. § 164.316, to reasonably and appropriately protect the confidentiality, integrity, and availability of the ePHI that it creates, receives, maintains, or transmits on behalf of Covered Entity as required by the Security Rule. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to Covered Entity, and (b) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. § 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements; 2. Require that any agent, including a Subcontractor, to whom it provides such PHI agrees to implement reasonable and appropriate safeguards to protect the PHI; and 3. Report to the Covered Entity any Security Incident of which it becomes aware. 6. Term and Termination. a. Term. Any and all previous business associate agreements entered into by the parties will be terminated on the same date this Agreement is executed. The term of this Agreement will take effect on the date that the last party executes this Agreement and will continue in effect unless either party terminates this Agreement or the underlying _services agreement entered into by the parties is terminated. Page 7 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 7 of74 740 HIP AA Business Associate Agreement 23-524 b. Tennination for Cause by Covered Entity. Upon Covered Entity's knowledge of a material breach of this Agreement by Business Associate, Covered Entity shall give Business Associate written notice of such breach and provide reasonable opportunity for Business Associate to cure the breach or end the violation. Covered Entity may terminate this Agreement, and Business Associate agrees to such termination, if Business Associate has breached a material term of this Agreement and does not cure the breach or cure is not possible. c. Termination for Cause by Business Associate. Upon Business Associate's knowledge of a material breach of this Agreement by Covered Entity, Business Associate shall give Covered Entity written notice of such breach and provide reasonable opp01tunity for Covered Entity to cure the breach or end the violation. Business Associate may terminate this Agreement, and Covered Entity agrees to such termination, if Covered Entity has breached a material te1m of this Agreement and does not cure the breach or cure is not possible. d. Effect of Termination. 1. Except as provided in paragraph (2) of this section, upon termination of this Agreement for any reason, Business Associate shall return all PHI received from, or created or received by Business Associate on behalf of Covered Entity. This provision will also apply to PHI that is in the possession of Subcontractors of Business Associate. Business Associate shall not retain any copies of the PHI. 2. In the event that Business Associate determines that returning the PHI is infeasible, Business Associate shall provide to Covered Entity, within ten (10) business days, notification of the conditions that make return infeasible. Upon such determination, Business Associate shall extend the protections of this Agreement to such PHI and limit further Uses and Disclosures of such PHI to those purposes that make the return infeasible, for so long as Business Associate maintains such PHI. 6. Indemnification. Business Associate will indemnify and hold harmless Covered Entity and any Covered Entity affiliate, officer, director, employee or agent in accordance with and to the fullest extent permitted by applicable law, including from and against any claim, cause of action, liability, damage, cost, or expense, including attorney's fees and court or proceeding costs, arising out of or in connection with any Breach by the Business Associate or any of its subcontractors or persons under Business Associate's control, or any violation of this Agreement by Business Associate or any of its subcontractors or persons under Business Associate' s control. 7. Miscellaneous. a. Regulatory References. A reference in this Agreement to a section in the Privacy Rule, Security Rule, or HITECH Act means the section as in effect or as amended from time to time. b. Amendment. This Agreement may be modified only by a signed written agreement between Covered Entity and Business Associate. Further, the Parties agree to take such action as is necessary to amend this Agreement from time to time as is necessary for Covered Entity and Business Associate to comply with the requirements of the Privacy Rule, Security Page 8 ofll S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 8 of74 741 HIP AA Business Associate Agreement 23-524 Rule, the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), and the HITECH Act, and its corresponding regulations. c. Survival. All representations, covenants, and agreements in or under this Agreement or any other documents executed in connection with the transactions contemplated by this Agreement, will survive the execution, delivery, and performance of this Agreement and such other documents. The respective rights and obligations of Business Associate under Section 5( d) of this Agreement will survive the termination or expiration of this Agreement. d. Interpretation. Any ambiguity in this Agreement will be resolved to permit Covered Entity and Business Associate to comply with the Privacy Rule, Security Rule, the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), and the HITECH Act, and its corresponding regulations. e. Severability. If any provision or provisions of this Agreement are determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, this Agreement will not be unlawful, void or unenforceable, but will continue in effect and be enforced as though such provision or provisions were omitted. f. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one original Agreement. Facsimile or electronically authenticated signatures will be accepted and enforceable in lieu of original signatures. g. Entire Agreement. This Agreement supersedes all other prior and contemporaneous written and oral agreements and understandings between Covered Entity and Business Associate regarding this Subject Matter. It contains the entire Agreement between the parties. All other agreements entered into between Covered Entity and Business Associate, not related to this Subject Matter, remain in full force and effect. h. Governing Law. This Agreement and the rights of the parties will be governed by and construed in accordance with Federal law as it pertains to the Subject Matter and will be governed by and construed in accordance with the laws of the State of Florida as it pertains to contract formation and interpretation, without giving effect to its conflict of laws. i. This Agreement will be binding on the successors and assigns of the Business Associate, however, this Agreement may not be assigned, in whole or in part, without the written consent of the other party. Any attempted assignment in violation of this provision shall be null and void. Page 9 of 11 S:\DOCUMENT\2023\PROCUREMENT\23-524 TPA for Workers Comp_final_l0.10.2023 Page 9 of74 742 HIP AA Business Associate Agreement IN WITNESS WHEREOF, B us iness Associate and Covered Entity execute th.is Agreement on the respective dates under each s ignature. BUSINESS ASS OCIATE 23-524 TRIST AR C laims Management Services, Inc. 1hon1ar .7 Veate Thomas J Veale (Nov 27, 2023 15:22 EST) Thomas J. Veale, President Th.is 27th day of November , 2023. Approved as to fo1m and legal ity Page 10 of 11 S:I DOCUMEN T\2023\PR OCU REM ENT\23-524 TPA for Workers Co mp_linal_l0. 10.202 3 Page 10 of74 743 HIP AA Business Associate Agreement ATTEST: Board o oun o of Lake County, Florid Approved as to fonn and legality: v 0\7"Y\_o v v~ L \;) I~ I \ .:)_,3 Melanie Marsh County Attorney 23 -524 COVERED ENTITY LAKE COUNTY, LORIDA Kirby mith, Ch 1man This .12J!j_day of ~Qi£ 2023. Page 11 of 11 S:\DOCUMEN112023\PROCUREMENT\23-524 TPA for Worke rs Comp_final_l0 . 10.2023 Page 11 of74 744 Piggyback Contract – Tristar Claims Management Services, Inc. 10 EXHIBIT B HIPAA BUSINESS ASSOCIATE AGREEMENT BUSINESS ASSOCIATE AGREEMENT WITH CITY OF BOYNTON BEACH This Business Associate Agreement (“BAA”) is entered into between the undersigned entity (“Business Associate”) and City of Boynton Beach (“City”). RECITALS A. Business Associate provides services related to the operation of certain activities/programs that involve the use or disclosure of Protected Health Information (“PHI”). B. The operation of such activities/programs is subject to the federal Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the American Recovery and Reinvestment Act of 2009 (“ARRA”), and the Health Information Technology for Economic and Clinical Health Act (“HITECH”). C. HIPAA, ARRA, and HITECH mandate that certain responsibilities of contractors with access to PHI be documented through a written agreement. D. City and Business Associate desire to comply with the requirements of HIPAA, ARRA, and HITECH and acknowledge their respective responsibilities. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1: Definitions 1.1 All terms used in this BAA not otherwise defined herein shall have the meanings stated in the Privacy and Security Rules, 45 C.F.R. Parts 160, 162, 164, and 42 U.S.C. § 17921. 1.2 “HIPAA Laws” means collectively HIPAA, ARRA, HITECH, 42 C.F.R. Part 2 (if applicable), and the related regulations and amendments. 1.3 “Penalties” as used in Section 4.21 below is defined as civil penalties that may be applied to the Business Associate and its workforce members by the Secretary (“Secretary”) of Health and Human Services (“HHS”). The amount of the penalties range depending on the type of violation. In determining penalties, the Secretary may take into account: a. the nature and extent of the violation; b. the nature and extent of harm resulting from such violation; c. the degree of culpability of the covered entity or business associate; d. the history of prior compliance with the administrative simplification provision including violations by the covered entity or business associate; e. the financial condition of the covered entity or business associate; and f. such other matters as justice may require. 1.4 “Master Agreement” means the separate, written, executed agreement between City and the Business Associate, if any, that involves the use or disclosure of PHI and that is identified on the signature page below. 1.5 When the term “PHI” is used in this BAA, it includes electronic Protected Health Information (also known as “EPHI”). 745 Piggyback Contract – Tristar Claims Management Services, Inc. 11 Section 2: Effective Dates This BAA shall become effective the earliest of the following: (a) the effective date of the Master Agreement; (b) the date this BAA is executed by the Parties; or (c) the date Business Associate begins to receive PHI for purposes of this BAA (the “Effective Date”). Section 3: Confidentiality 3.1 City and Business Associate shall comply with all federal and state laws governing the privacy and security of PHI. 3.2 ☐ If this box is checked, this BAA also constitutes a Qualified Service Organization Agreement, and City and Business Associate are required to comply with 42 C.F.R. Part 2 with respect to patient identifying information concerning substance use disorder treatment. Accordingly, information obtained by Business Associate relating to individuals who may have been diagnosed as needing, or who have received, substance use disorder treatment services shall be maintained and used only for the purposes intended under this BAA and in conformity with all applicable provisions of 42 C.F.R. Part 2. If necessary, Business Associate will resist any efforts in judicial proceedings to obtain access to PHI except as permitted by 42 C.F.R. Part 2. Section 4: Obligations and Activities of Business Associate Use and Disclosure of PHI 4.1 Business Associate shall not use or disclose PHI other than as permitted or required by this BAA or as required by law. Business Associate may: a. Use and disclose PHI only as necessary to perform its obligations under the Master Agreement or this BAA, provided that such use or disclosure would not violate HIPAA Laws if done by City; b. Use the PHI received in its capacity as a Business Associate of City for its proper management and administration and to fulfill any legal responsibilities of Business Associate; c. Disclose PHI in its possession to a third party for the proper management and administration of Business Associate, or to fulfill any legal responsibilities of Business Associate, provided that the disclosure would not violate HIPAA Laws if made by City or is required by law, and Business Associate has received from the third party written assurances that (i) the information will be kept confidential and used or further disclosed only for the purposes for which it was disclosed to the third party or as required by law; (ii) the third party will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information may have been breached; and (iii) the third party has agreed to implement reasonable and appropriate steps to safeguard the information; d. Use PHI to provide data aggregation activities relating to the operations of City; and e. De-identify any and all PHI created or received by Business Associate under the Master Agreement or this BAA, provided that the de-identification conforms to the requirements of the HIPAA Laws. 4.2 Business Associate is prohibited from selling PHI, using PHI for marketing purposes, or attempting to re-identify any PHI information in violation of HIPAA Laws. Business Associate agrees to comply with the “Prohibition on Sale of Electronic Health Records or Protected Health Information,” as provided in Section 13405(d) of Subtitle D (Privacy) of ARRA, the “Conditions on Certain Contracts as Part of 746 Piggyback Contract – Tristar Claims Management Services, Inc. 12 Health Care Operations,” as provided in Section 13406 of Subtitle D (Privacy) of ARRA, and related guidance issued by the Secretary from time to time. 4.3 Business Associate acknowledges that, effective on the Effective Date of this BAA, it shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. §§ 1320d-5 and 1320d-6, as amended, for failure to comply with any of the use and disclosure requirements of this BAA or any guidance issued by the Secretary from time to time with respect to such use and disclosure requirements. Administrative, Physical, and Technical Safeguards 4.4 Business Associate shall implement the administrative safeguards set forth at 45 C.F.R. § 164.308, the physical safeguards set forth at 45 C.F.R. § 164.310, the technical safeguards set forth at 45 C.F.R. § 164.312, and the policies and procedures set forth at 45 C.F.R. § 164.316, to reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI that it creates, receives, maintains, or transmits on behalf of City. Business Associate acknowledges that, effective on the Effective Date of this BAA, (a) the foregoing safeguards, policies, and procedures requirements shall apply to Business Associate in the same manner that such requirements apply to City, and (b) Business Associate shall be liable under the civil and criminal enforcement provisions set forth at 42 U.S.C. §§ 1320d-5 and 1320d-6, as amended from time to time, for failure to comply with the safeguards, policies, and procedures requirements and any guidance issued by the Secretary from time to time with respect to such requirements. 4.5 Business Associate shall require all of its subcontractors, agents, and other third parties that receive, use, transmit, maintain, store, or have access to PHI to agree, in writing, to the same restrictions, conditions, and requirements that apply to Business Associate pursuant to this BAA and the HIPAA Laws. Access of Information; Amendment of Information; Accounting of Disclosures 4.6 Business Associate shall make available to City all PHI in designated record sets within ten (10) days after City’s request to enable City to meet the requirements under 45 C.F.R. § 164.524. 4.7 Business Associate shall make any amendments to PHI in a designated record set as directed or agreed to by City pursuant to 45 C.F.R. § 164.526, and in the time and manner reasonably designated by City. 4.8 Business Associate agrees to comply with an individual’s request to restrict the disclosure of their personal PHI in a manner consistent with 45 C.F.R. § 164.522, except where such use, disclosure, or request is required or permitted under applicable law. 4.9 Business Associate agrees that, when requesting, using, or disclosing PHI in accordance with 45 C.F.R. § 164.502(b)(1), such request, use, or disclosure shall be to the minimum extent necessary, including the use of a “limited data set” as defined in 45 C.F.R. § 164.514(e)(2), to accomplish the intended purpose of such request, use, or disclosure, as interpreted under related guidance issued by the Secretary from time to time. 4.10 Business Associate shall timely document such disclosures of PHI and maintain information related to such disclosures as would be required for City to respond to an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528. Further, Business Associate shall provide to City an accounting of all disclosures of PHI during the term of this BAA within ten (10) days after termination of this BAA, or sooner if reasonably requested by City for purposes of any monitoring/auditing compliance with HIPAA Laws. 747 Piggyback Contract – Tristar Claims Management Services, Inc. 13 4.11 Business Associate shall provide City, or an individual under procedures approved by City, information and documentation collected in accordance with the preceding section to respond to an individual requesting an accounting for disclosures as provided under 45 C.F.R. § 164.528 or HIPAA Laws. Notification of Breach 4.12 Business Associate shall notify City of any impermissible access, acquisition, use, or disclosure of any Unsecured PHI (collectively and individually, a “Breach”) within twenty-four (24) hours after Business Associate discovering such Breach. “Unsecured PHI” shall refer to such PHI that is not secured through use of a technology or methodology specified by the Secretary that renders such PHI unusable, unreadable, or indecipherable to unauthorized individuals. A Breach of Unsecured PHI shall be treated as discovered by Business Associate as of the first day on which such Breach is known to the Business Associate or, by exercising reasonable diligence, would have been known to Business Associate, including any employee, officer, contractor, subcontractor, or other agent of Business Associate. In addition, Business Associate’s notification under this section shall comply in all respects with each applicable provision the HIPAA Rules and all related guidance issued by the Secretary or the delegate of the Secretary from time to time. 4.13 Business Associate shall submit a written report of a Breach to City within ten (10) business days after initial notification, which report shall document the following: a. The identification of each individual whose Unsecured PHI has been, or is reasonably believed by Business Associate, to have been accessed, acquired, used, or disclosed during the Breach; b. A brief description of what occurred, including the date of the Breach, if known, and the date of the discovery of the Breach; c. A description of the types of Unsecured PHI that were involved in the Breach (such as full name, social security number, date of birth, home address, account number, diagnosis, etc.); d. A description of what is being done to investigate the Breach and to mitigate harm to individuals, and the reasonable and appropriate safeguards being taken to protect against future Breaches; e. Any steps City or the individual(s) impacted by the Breach should take to protect themselves from potential harm resulting from the Breach; f. Contact procedures for the Business Associate to enable individuals to ask questions or learn additional information, which may include, in the discretion of City, a toll-free telephone number, e-mail address, website, or postal address, depending upon the available contact information that Business Associate has for the affected individuals; and g. Any other reasonable information requested by City. 4.14 City, in its sole discretion, will determine whether City or Business Associate shall be responsible to provide notification to individuals whose Unsecured PHI has been impermissibly accessed, acquired, used, or disclosed, as well as to the Secretary and the media. Such notification shall be provided as follows: a. Notification will be by first-class mail, or by electronic mail, if the individual has specified 748 Piggyback Contract – Tristar Claims Management Services, Inc. 14 notice in the manner as a preference. b. Information may be posted on City’s and Business Associate’s website(s) where the Business Associate experienced, or is reasonably believed to have experienced, an impermissible access, acquisition, use, or disclosure of Unsecured PHI that compromised the security or privacy of more than ten (10) individuals when no other current information is available to inform such individuals. c. Notice shall be provided to prominent media outlets with information on an incident where the Business Associate experienced an impermissible access, acquisition, use or disclosure of Unsecured PHI that compromised the security or privacy of more than five hundred (500) individuals within the same state or jurisdiction. 4.15 In the event of the impermissible access, acquisition, use, or disclosure of Unsecured PHI in violation of the HIPAA Laws, Business Associate bears the burden of demonstrating that all notification(s) required by Sections 4.10 through 4.12 (as applicable) were made, including evidence demonstrating the necessity of any delay, or that the use or disclosure did not constitute a Breach of Unsecured PHI. 4.16 Business Associate shall pay the costs of providing all notification(s) required by Sections 4.12 through 4.14 (as applicable) of this BAA. Mitigation of Breach 4.17 Business Associate shall mitigate to the extent possible, at its own expense, any harmful effects that are known to Business Associate regarding any access, use, or disclosure of Unsecured PHI in violation of the requirements of this BAA or applicable law. 4.18 Business Associate shall take appropriate disciplinary action against any members of its workforce who use or disclose Unsecured PHI in any manner not authorized by this BAA or applicable law. 4.19 Business Associate shall have established procedures to investigate a Breach, mitigate losses, and protect against any future breaches, and shall provide such procedures and any specific findings of the investigation to City in the time and manner reasonably requested by City. 4.20 In the event of a Breach, Business Associate shall, in consultation with and at the direction of City, assist City in conducting a risk assessment of the Breach and mitigate, to the extent practicable, any harmful effects of such Breach known to Business Associate. Business Associate shall pay the costs for mitigating damages, including, but not limited to, the expenses for credit monitoring, if City determines that the Breach warrants such measures. The mitigation described in this section shall be in addition to, and not in lieu of, any other remedy City may have for the Breach, including, but not limited to, indemnification and any action for damages available to City under contract or at law or in equity. 4.21 Business Associate is liable to City for any civil penalties imposed on City under the HIPAA Laws in the event of a violation of the HIPAA Laws as a result of any practice, behavior, or conduct of Business Associate or its agents or employees. 4.22 The requirement to comply with the Notification of Breach and Mitigation of Breach sections of this BAA shall survive the expiration or earlier termination of this BAA. 749 Piggyback Contract – Tristar Claims Management Services, Inc. 15 Available Books and Records 4.23 Business Associate shall make its internal practices and books, related to the Master Agreement or the BAA, including all policies and procedures required by HIPAA Laws, available to City within five (5) business days after the Effective Date. 4.24 Business Associate shall make its internal practices, books, and records, including all policies and procedures required by HIPAA Laws, relating to the use and disclosure of PHI received from City or created or received on behalf of City, available to City or to the Secretary or its designee within five (5) business days after request for the purposes of determining Business Associate’s compliance with HIPAA Laws. Section 5: Obligations of City 5.1 City shall notify Business Associate of any limitations in its notice of privacy practices in accordance with 45 C.F.R. § 164.520, to the extent that such limitation may affect the Business Associate’s use of PHI. 5.2 City shall notify Business Associate of any changes in, or revocation of, permission by an individual to use or disclose PHI, to the extent that such changes may affect Business Associate’s use of PHI. 5.3 City shall notify Business Associate of any restriction to the use or disclosure of PHI to which City has agreed in accordance with 45 C.F.R. § 164.522, to the extent that such changes may affect Business Associate’s use of PHI. 5.4 City shall not request Business Associate use or disclose PHI in any manner that would not be permissible under the HIPAA Laws if done by City. 5.5 City may report, at least annually, any impermissible access, use, or disclosure of unsecured PHI by Business Associate to the Secretary as required by HIPAA Laws. Section 6: Term and Termination 6.1 This BAA shall be effective upon the Effective Date, and shall terminate upon the later of (a) expiration or earlier termination of the Master Agreement, or (b) return or destruction of all PHI within the possession or control of the Business Associate as a result of the Master Agreement or this BAA. 6.2 Upon City’s knowledge of a material breach of this BAA by Business Associate, City may: a. Provide an opportunity for Business Associate to cure the breach within the time for cure set forth in City’s written notice to Business Associate, and terminate if Business Associate does not cure the breach within the time specified by City; or b. Immediately terminate this BAA and the Master Agreement if Business Associate has breached a material term of this BAA and a cure is not possible; or c. If neither termination nor cure is feasible, City shall report the violation to the Secretary of HHS. 6.3 Upon expiration or termination of the Master Agreement, Business Associate agrees, at City’s option, to return to City or destroy all PHI gathered, created, received, or processed pursuant to the Master Agreement or this BAA. No PHI related to the Master Agreement or this BAA will be retained by Business Associate, or a contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted in writing by City. 750 Piggyback Contract – Tristar Claims Management Services, Inc. 16 6.4 If returning or destroying PHI is infeasible, Business Associate shall provide to City a written statement that it is infeasible to return or destroy the PHI and describe the conditions that make return or destruction of the PHI infeasible. Under that circumstance, Business Associate shall extend the protections of this BAA to the PHI retained and limit further uses and disclosures of such PHI to those purposes that make return or destruction infeasible, for so long as Business Associate maintains the PHI. Business Associate’s obligations under this section shall survive termination of this BAA. Section 7: Miscellaneous 7.1 Amendment. City and Business Associate shall take such action as is necessary to amend this BAA for City to comply with the requirements of HIPAA Laws or other applicable law. 7.2 Interpretation. Any ambiguity in this BAA shall be resolved to permit City to comply with HIPAA Laws. Any inconsistency between the HIPAA Laws, as interpreted by the HHS, a court, or another regulatory agency with authority over the Parties, and this BAA shall be interpreted in favor of the HIPAA Laws as interpreted by the HHS, the court, or the regulatory agency. Any provision of this BAA that differs from the requirements of the HIPAA Laws, but is nonetheless permitted by the HIPAA Laws, shall be adhered to as stated in this BAA. 7.3 Florida Electronic Health Records Exchange Act. If Business Associate is a healthcare provider, as that term is used in Section 408.051(2), Florida Statutes, Business Associate shall comply with the requirements of the Florida Electronic Health Records Exchange Act (“FEHREA”), Section 408.051, Florida Statutes. The requirement to comply with this provision and FEHREA shall survive the expiration or earlier termination of this BAA. 7.4 Successors and Assignment. This BAA will be binding on the successors and assigns of City and Business Associate. However, this BAA may not be assigned, in whole or in part, without the written consent of the other Party. Any attempted assignment in violation of this provision shall be null and void. 7.5 Standard Agreement Terms and Conditions. The terms and conditions of the Master Agreement are expressly incorporated as if fully set forth herein: The remainder of this page is intentionally blank. 751 Piggyback Contract – Tristar Claims Management Services, Inc. 17 BUSINESS ASSOCIATE AGREEMENT WITH CITY OF BOYNTON BEACH WHEREAS, the Parties have made and executed this Business Associate Agreement on the respective dates under each signature: City of Boynton Beach, through its City Manager, authorized to execute same, and Business Associate, signing by and through its _________________, duly authorized to execute same. Master Agreement: Professional Services Agreement Between the City of Boynton Beach and Tristar Claims Management Services, Inc. CITY CITY OF BOYNTON BEACH _________________________________ Daniel Dugger, City Manager Approved as to Form: _________________________________ Shawna G. Lamb, Office of the City Attorney 752 Matt Craig 100 Oceangate, Suite 840, Long Beach, CA 90802 917-509-1878 matt.craig@TRISTARgroup.net 753 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@440B0F84\@BCL@440B0F84.Docx RESOLUTION NO. R24-0491 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,4 APPROVING UTILIZING LAKE COUNTY, FL. RFP NO. 23-524 AND 5 AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH 6 TRISTAR CLAIMS MANAGEMENT SERVICES, INC. OF LONG BEACH, 7 CALIFORNIA FOR THIRD-PARTY ADMINISTRATION SERVICES WITH AN 8 ESTIMATED ANNUAL COST OF $1,200,000.00; AND PROVIDING AN 9 EFFECTIVE DATE.10 11 12 WHEREAS, Tristar Claims Management Services, Inc., has been awarded the Third-Party 13 Administrator Services (TPA) from Lake County, FL under a continuing contract; and14 WHEREAS,the Risk Management Division is seeking consent to piggyback this contract 15 and establish an agreement with Tristar Claims Management Services, Inc. to provide Third-Party 16 Administration of Property and Casualty (liability, automobile, and property) claims; and17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 18 the best interests of the citizens and residents of the City of Boynton to approve utilizing Lake 19 County, FL. RFP No. 23-524 and Authorize the City Manager to sign an agreement with Tristar 20 Claims Management Services, Inc. of Long Beach, California for Third-Party Administration 21 Services with an estimated annual cost of $1,200,000.00.22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT:24 25 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2.The City Commission hereby approves utilizing Lake County, FL. RFP No. 29 23-524 and Authorize the City Manager to sign an agreement with Tristar Claims Management 30 Services, Inc. of Long Beach, California for Third-Party Administration Services with an estimated 31 annual cost of $1,200,000.00. A copy of the Agreement is attached hereto and incorporated 32 herein by reference as Exhibit “A.” 33 754 C:\Users\EASYPD~1\Appdata\Local\Temp\BCL Technologies\Easypdf 8\@BCL@440B0F84\@BCL@440B0F84.Docx Section 3.This Resolution shall become effective immediately upon passage.34 35 PASSED AND ADOPTED this 5th day of March 2024.36 CITY OF BOYNTON BEACH, FLORIDA37 YES NO38 39 Mayor – Ty Penserga _____ _____40 41 Vice Mayor – Thomas Turkin _____ _____42 43 Commissioner – Angela Cruz _____ _____44 45 Commissioner – Woodrow L. Hay _____ _____46 47 Commissioner – Aimee Kelley _____ _____48 49 VOTE ______50 ATTEST:51 52 53 ___________________________________________________________54 Maylee De Jesús, MPA, MMC Ty Penserga55 City Clerk Mayor56 57 APPROVED AS TO FORM:58 59 (Corporate Seal)60 _______________________________61 Shawna G. Lamb62 City Attorney63 755 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 03/ 5/2024 Meeting Date: 03/ 5/2024 Proposed Ordinance No. 24-006- Second Reading- An Ordinance of The City Of Boynton Beach, Florida, repealing Ordinances O#37; O#47, and O#136 and any amendments thereafter, which established and revised segregation in the City Of Boynton Beach; providing for conflicts; severability; and an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 24-006 on Second Reading. Explanation of Request: On February 20, 1924, Commissioners for the Town of Boynton Beach (n/k/a City of Boynton Beach) approved Ordinance No. 37, establishing and setting apart in said Town separate residential limits or districts for white and African American residents. On November 18, 1924, Commissioners for the Town of Boynton Beach (n/k/a City of Boynton Beach) approved Ordinance No. 47, extending and defining the boundaries of the separate residential limits or districts. On November 21, 1933, Commissioners for the Town of Boynton Beach (n/k/a City of Boynton Beach) approved Ordinance No. 136 regulating the use of the public streets, parks, public, and other places in the Town of Boynton Beach by persons over the age of eighteen years. All human beings are born free and equal in dignity and rights, and all citizens and residents of the City of Boynton Beach should be entitled to all the rights and freedoms of the United States, without distinction of any kind, in particular as to race, color, or national origin. Additionally, all human beings are equal before the law and are entitled to equal protection of the law against any discrimination and against any incitement to discrimination. The City is resolved to adopt all necessary measures for speedily eliminating racial discrimination in all its forms and manifestations and to prevent and combat racist doctrines and practices in order to promote understanding between races and to build a community free from all forms of racial segregation and racial discrimination. The aforementioned ordinances are not the policy of the City of Boynton Beach, and therefore, it is in the best interest of the community to repeal these ordinances. How will this affect city programs or services? There will be no impact to City programs or services by repealing these Ordinances. Fiscal Impact: No fiscal impact in repealing these ordinances. 756 Attachments: Ordinance 24-006- Repealing_Ordinances_37__47_and_136__segregation__- _Ord__R.1.22.24_-FInal.docx O#37.pdf O#47.pdf O#136.pdf 757 ORDINANCE NO. 24-0061 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 2 REPEALING ORDINANCES O#37; O#47, AND O#136 AND ANY 3 AMENDMENTS THEREAFTER, WHICH ESTABLISHED AND REVISED 4 SEGREGATION IN THE CITY OF BOYNTON BEACH; PROVIDING FOR 5 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE.6 7 WHEREAS,on February 20, 1924, Commissioners for the Town of Boynton Beach (n/k/a 8 City of Boynton Beach) approved Ordinance No. 37, establishing and setting apart in said Town 9 separate residential limits or districts for white and African American residents; and 10 WHEREAS, on November 18, 1924, Commissioners for the Town of Boynton Beach 11 (n/k/a City of Boynton Beach) approved Ordinance No. 47 extending and defining the 12 boundaries of the separate residential limits or districts; and13 WHEREAS,on November 21, 1933, Commissioners for the Town of Boynton Beach 14 (n/k/a City of Boynton Beach) approved Ordinance No. 136 regulating the use of the public 15 streets, parks, public, and other places in the Town of Boynton Beach by persons over the age 16 of eighteen years; and17 WHEREAS,all human beings are born free and equal in dignity and rights, and all 18 citizens and residents of the City of Boynton Beach should be entitled to all the rights and 19 freedoms of the United States, without distinction of any kind, in particular as to race, color, or 20 national origin; and21 WHEREAS,all human beings are equal before the law and are entitled to equal 22 protection of the law against any discrimination and against any incitement to discrimination; 23 and24 WHEREAS,the City Commission condemns all practices of segregation and 25 discrimination in whatever form and wherever they exist; and26 WHEREAS,the City Commission finds that discrimination on the basis of race, color, or 27 ethnic origin is an obstacle to friendly and peaceful relations and disturbs peace and security 28 among people and the harmony of persons living side by side in the community; and29 WHEREAS, the City Commission is resolved to adopt all necessary measures for 30 speedily eliminating racial discrimination in all its forms and manifestations and to prevent and 31 758 combat racist doctrines and practices in order to promote understanding between races and 32 to build a community free from all forms of racial segregation and racial discrimination; and33 WHEREAS,due to the offensive and improper nature of said Ordinances, which 34 purports to require persons of African descent to reside in a particular district of the City of 35 Boynton Beach and not elsewhere, the City Commission deems it in the best interest of the 36 citizens and residents of the City of Boynton Beach to make it abundantly clear that said 37 Ordinances are not the policy of the City of Boynton Beach; and 38 WHEREAS,the City Commission finds the repeal of Ordinances Nos. O#37, O#47, and 39 O#136, and any amendments thereafter, are in the best interest of the citizens and residents 40 of the City of Boynton Beach.41 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 42 BOYNTON BEACH, FLORIDA, THAT:43 Section 1.The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 44 being true and correct and are hereby incorporated herein and made a part hereof.45 Section 2.The City Commission of the City of Boynton Beach hereby repeals 46 Ordinances Nos. O#37, O#47, and O#136 and any amendments thereafter.47 Section 3.The appropriate members of the City staff are hereby authorized to take 48 any and all steps necessary to effectuate the intent of this Ordinance. 49 Section 4.All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 50 in conflict herewith be, and the same are hereby repealed to the extent of such conflict.51 Section 5.If any clause, section, or other part or application of this Ordinance shall 52 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 53 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 54 the validity of the remaining portions or applications remaining in full force and effect.55 Section 6.This Ordinance shall become effective on immediately upon passage. 56 57 759 FIRST READING this _____ day of February, 2024.58 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2024.59 60 CITY OF BOYNTON BEACH, FLORIDA61 YES NO62 63 Mayor – Ty Penserga __________64 65 Vice Mayor – Thomas Turkin __________66 67 Commissioner – Angela Cruz __________68 69 Commissioner – Woodrow L. Hay __________70 71 Commissioner – Aimee Kelley __________72 73 VOTE ______74 75 76 77 ATTEST:78 79 ___________________________________________________________80 Maylee De Jesús, MPA, MMC Ty Penserga81 City Clerk Mayor82 83 APPROVED AS TO FORM:84 (Corporate Seal)85 86 _______________________________87 Shawna G. Lamb88 City Attorney89 90 91 760 761 762 763 764 765 766 767 City of Boynton Beach Agenda Item Request Form 9.A City Manager’s Report 03/ 5/2024 Meeting Date: 03/ 5/2024 Discuss rescheduling or cancelling the March 19, 2024 Commission Meeting. Requested Action: Due to the March 19th Primary Election, staff would like for the Commission to consider rescheduling or cancelling the March 19th Commission Meeting. Fiscal Impact: There is no fiscal impact to the budget for this item. 768 City of Boynton Beach Agenda Item Request Form 9.B City Manager’s Report 03/ 5/2024 Meeting Date: 03/ 5/2024 Fiscal Year 23-24 Capital Improvement Plan Update. Requested Action: Presentation by the by the Public Works Department, Grants Department, and Utilities Department to provide an update on projects in this years Capital Improvement Plan. Explanation of Request: Presentation by the Public Works Department to update on projects for the Capital Improvement Plan. Attachments: CIP Update Presentation Public Works Department Project Update Sheets - Fund 302 Project Update Sheets - Fund 303 CIP Update Presentation Grants CIP Update Presentation Utilities Department 769 Public Works Department Quarterly CIP Update Mario F. Guzman Director of Public Works & Engineering Email: Guzmanm@bbfl.us Phone: 561-742-6201 770 AGENDA Surtax Funding Dynamics & History(302 & 303) 303 Projects detail 302 Projects Detail Future of Surtax Road Improvements & Enhancements update 771 303 Fund (Surtax) –Source of Funding • The 1-cent sales tax increase took effect January 1st, 2017 and will sunset on December 31, 2026 • Surtax gets capped at $43,823,325 for a 10 year period • To Feb 2024 we have received $43,458,441 • FY2025 anticipated revenue $364,884 772 303 Fund (Surtax) DESCRIPTION FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY2024 Expended FY2024 Encumb To date Average TOTAL GENERAL GOVERNMENT (GG)$92,342 $110,318 $2,011,042 $1,986,410 $666,750 $460,030 $1,877 $140,718 $5,469,488 $683,686 TOTAL HVAC (GG)$52,849 $41,290 $61,392 $84,224 $57,004 $276,432 $573,192 $81,885 TOTAL RECREATION AND PARKS (RP)$217,396 $1,624,421 $1,097,340 $1,152,617 $853,143 $4,677,595 $133,624 $571,705 $10,327,843 $1,290,980 TOTAL PUBLIC SAFETY (FA & PD)$133,978 $255,944 $652,453 $235,131 $580,989 $97,323 $74,579 $2,030,394 $253,799 TOTAL INFORMATION TECHNOLOGY (IT)$254,548 $135,613 $1,114,878 $488,070 $285,545 $320,580 $107,146 $414,168 $3,120,548 $390,068 TOTAL TRANSPORTATION/ROAD WAY (TR) $175,686 $582,975 $2,087,655 $1,360,138 $2,260,713 $1,470,770 $2,367,106 $677,914 $2,082,831 $13,065,789 $1,633,224 Transfer to 302 $5,757,127 $5,757,127 $719,641 CIP 303 GRAND TOTAL $175,686$1,147,262 $4,144,835 $11,637,759 $6,601,655 $3,595,564 $8,463,301 $1,017,885 $3,560,433 $40,344,380 $5,053,283 FY24/25 Fund 303 –62 projects 773 302 Fund (Capital Improvements) • General Fund Contributions • Fund 303 transfers • CRA Reimbursements • Grants • Gas Tax, PS Tax Debt • Traffic Safety and Parks & Recreation transfers 774 302 Fund Source DESCRIPTION FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY2024 To date GENERAL FUND TRANSFERS $750,000 $250,000 $1,000,000 WATER/SEWER, TRAFFIC SAFETY & PARKS TRANSFERS $200,000 $45,370 $15,000 $633,325 $300,000 $5,287,806 $6,481,501 GRANTS $50,000 $67,925 $600,000 $717,925 GAS TAX & PS TAX DEBT $953,925 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $1,050,000 $8,303,925 CRA REIMBURSEMENTS $1,600,000 $23,823 $640 $1,105,383 $1,963,777 $4,693,623 MISCELLANEOUS & INTEREST $2,272 $2,000,000 $6,851,252 $390,701 $2,614 $29,092 $9,275,931 TRANSFERS FROM FUND 303 $5,757,127 $1,237,567 $6,994,694 CIP 302 GRAND TOTAL $1,156,197 $3,145,473 $9,584,177 $7,854,976 $2,290,181 $1,350,640 $8,793,189 $3,292,869 $37,467,599 775 DESCRIPTION FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY2024 Expended FY2024 Encumb Total TOTAL GENERAL GOVERNMENT (GG)$228,732 $872,483 $8,557,156 $5,164,974 $3,008,277 $561,379 $610,762 $769,690 $534,925 $20,308,376 TOTAL RECREATION AND PARKS (RP) $167,866 $428,810 $371,422 $134,912 $311,137 $241,644 $1,324,947 $9,000 $130,574 $3,120,312 TOTAL PUBLIC SAFETY (FA & PD) $582,680 $371,623 $371,623 $439,901 $371,623 $398,601 $2,309 $15,237 $2,553,597 TOTAL INFORMATION TECHNOLOGY (IT)$408,169 $192,004 $156,700 $132,400 $889,273 TOTAL TRANSPORTATION/ROADWAY (TR) $129,047 $22,735 $228,823 $84,980 $467,014 $1,209,106 $1,967,592 $137,714 $4,247,010 CIP 303 GRAND TOTAL $1,108,325 $2,103,820 $9,492,204 $6,125,309 $3,536,793 $1,641,659 $3,543,415 $2,748,591 $818,450 $31,118,568 302 Fund Projects FY24/25 Fund 302 –25 projects RY1 776 Slide 7 RY1 Rodriguez, Ydelsi, 2/27/2024 777 Selection Criteria • CIP Governance Board • Project Rating System •Public Safety (Police/Fire) •Infrastructure (Streets/IT/Facilities) •Quality of Life (Parks/Beautification) •Emergency •Compliancy • Review of Funding vs Projects Requested •Administration Review & Commission Requests • Grants 778 Scoring Scale Scoring Scale 1 2 3 4 5 Weight Public Safety Does not Impact the health/publi c safety Address health/public safety Directly addresses a SERIOUS health/public safety impact 20% Resources Demand / Time Direction Included in a long term with High Priority Included in a long term - NOT high priority Not part of a long term Project 5% Infrastructure - Life Cycle Level of need is low Level of need is moderate Level of need is high 15% Quality of Life Does NOT impact QoL Has a moderate Impact on QoL Highly impact the QoL of community 15% Community Requests / Admin Requests 25% of Community requested 50% of Community requested 75% of Community requested 10% Beautification Does NOT impact the Image of community Has moderate impact on the Image of community Has high impact on the Image of community 15% Regulatory Compliance Not hustified by regulatory compliance Addresses future regulations Satisfies current regulatory mandates 10% Emergency Not an emergency Addresses future emergency / plans Correct/address current emergency 10% 779 Fund 302 & 303 Link 780 Recreation and Parks Projects • Estimated completion Jun 2024 • Premiere Sport Venue • Additional Parking • New Concession Stand / Bathrooms 781 Roads Enhancements Completed Projects Current Projects Projects Recap 782 Selection Dynamics • Road Rating A- F • Usage Neighborhood vs through road • Road Improvements overall: traffic calming, side walks, ADA compliance, Bike Lanes, Connectivity District #City Owned Roads Total Lane Linear Feet Percent of streets in District District 1 199,281 15.50% District 2 484,556 37.69% District 3 445,392 34.65% District 4 156,251 12.16% Total 1,285,480 100% 783 Linear Lane feet A Roads DISTRICT Total Lane Linear Feet A Roads in 2019 Percent of A Roads (2019) A Roads in 2024 Percent of A Roads (2024) Upcoming/Ongoin g projects for future A Roads Percent of A Roads w/ upcoming/ongoing (2024) District 1 199,281 26,018 13%40,496 20%63,792 32% District 2 484,556 29,856 6%108,993 22%226,021 47% District 3 445,392 84,062 19%89,838 20%140,537 32% District 4 156,251 22,152 14%32,680 21%48,942 31% TOTAL 1,285,480 62,088 13%272,007 21%479,292 37% 784 COMPLETED •Boynton Lakes Blvd •SW 8th Street •Boynton Beach Blvd Extension •Meadows Blvd Road •Meadows Way Road 785 Boynton Beach Blvd Extension • First Bid - $1,795,059.13 (w/o $614,012.50 Force Main) • Last Bid - $5,130,460.12 - $3,730,460.12 (w/o $1.4 mil Force Main) • In House Actual Construction Costs - $818,333.52 786 Completed Projects 787 CURRENT •Chapel Hill Road – March 2024 •Cherry Hills – April 2024 •Golfview Harbor/(2) Meadows Neighborhoods – July/August 2024 •Lake Boynton Estates – July/August 2024 •Lake Shore Haven Canal Bridge – Going to BID for design • MLK Survey – November 2024 • San-Castle Neighborhood Improvements – Construction 2026 • SE 1st Street – Construction 202 • SE 36th Ave (Gulfstream Blvd) - Construction 2025 •E. Ocean Ave & NE/SE 6th Street Ped Crosswalk - Design 2025 •Gulfstream Blvd Road – February 2025 • Boynton Beach Complete Streets (FDOT) – Construction 2027 788 Road Enhancements Recap Phase 1 •SW8th St - $890K (Punch out) •Chapel Hill - $200K (Mar 2024) •Cherry Hill - $600K (Apr 2024) •Meadows Blvd - $680K (Completed) •Meadows Way - $171K (Completed) •Boynton Lakes - $425K (Apr 2024) Total Projects $2,966,000 Phase 2 •Golfview Harbor / Meadows Road Enhancements (Phase 1) – Jul 2024 (Start) $1.4M •Lake Boynton Estates / Ocean Ave / 1st Ct, 1st St Loop / SE 3rd St – Jul 2024 (Start) $1.9M •Lakeshore Haven Canal Bridge – ARPA/Grant (Design only) – Jun 2024 $225K Total Projects $3,525,000 Road Enhancements Budget •$3M CIP •$4.1M ARPA Total Budget $7,100,000 Phase 1 $2,966,000 Phase 2 $3,525,000 Estimated Savings $ 609,000** 789 Estimated $365K for FY 2025 – Additional Funds Recap CIP 790 Questions Thank you 791 CITY OF BOYNTON BEACH FUND 302 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status Boynton Bch Visitor Ctr.GG2310 11,512.00$ 912.00$ 10,600.00$ In Process ACC Auditorium Upgrades GG2402 120,000.00$ 12,595.00$ 107,300.00$ 105.00$ In Process Intracoastal Park - Artificial Reef 60,000.00$ 60,000.00$ Not started Historic Women's Club -Pedestrian crosswalk (Design)RP2139 5,400.81$ 5,400.81$ -$ In Process Historic Women's Club - (Construction)RP2203 147,640.00$ 144,040.00$ 3,600.00$ In Process Boynton Beach Blvd Extension GG2005 797,641.65$ 757,095.15$ 40,546.50$ In Process Little League Site Improv GG2305 272,265.50$ 272,265.50$ -$ In Process San Castle - Env Survey GG2404 50,000.00$ 50,000.00$ Not started 22 TOTAL GENERAL GOVERNMENT PROJECTS 1,464,459.96$ 769,690.15$ 529,918.31$ 164,851.50$ - 23 - 23a - 24 Miscellaneous Small Parks Projects CP0509 6,000.00$ 6,000.00$ Not started 28 Mangrove Park -Demo & Study RP2117 59,000.00$ 59,000.00$ Not started 0 Hester Center - Airnasium RP2412 89,900.00$ 9,000.00$ 80,900.00$ -$ Not started Eco Park Design RP2202 49,673.90$ 49,673.90$ -$ In Process Eco Park Construction RP2302 875,000.00$ 875,000.00$ In Process 36 TOTAL RECREATION AND PARKS PROJECTS 1,240,073.90$ 9,000.00$ 130,573.90$ 1,100,500.00$ - 37 - 38 - 44 Fire Station # 2 (Hardening) Grant FA2205 475,365.25$ 2,309.00$ 15,237.25$ 457,819.00$ In Process 46 TOTAL PUBLIC SAFETY PROJECTS 475,365.25$ 2,309.00$ 15,237.25$ 457,819.00$ - 47 - 48 - 53 SE 1st St - Construction Roadway Improvements TR2001 2,889,499.23$ 1,375.00$ 25,124.23$ 2,863,000.00$ In Process SE 1st St - Professional Services 400,000.00$ 400,000.00$ Not started SE 6th Avenue Pedistrian Crossing TR2405 400,000.00$ 59,554.00$ 340,446.00$ In Process San Castle - Coord.Srvcs GG2403 20,000.00$ 20,000.00$ In Process 792 CITY OF BOYNTON BEACH FUND 302 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status North Federal HW Planting 20,000.00$ 20,000.00$ In Process SE 6th Avenue Pedistrian Crossing TR2405 400,000.00$ 400,000.00$ In Process SE 36st Ave (Gulfstream Blvd) Road Rehabilitation TR2104 771,709.50$ 650.00$ 21,059.50$ 750,000.00$ In Process 55 Boynton Beach Blvd - Complete Street Project TR2302 900,000.00$ 1,963,777.00$ (1,063,777.00)$ In Process Lake Drive and Mansion Bridges 200,000.00$ 200,000.00$ In Process 56 CRA Improvements TR2110 223,766.00$ 1,790.00$ 31,976.00$ 190,000.00$ In Process 59 TOTAL TRANSPORTATION/ROADWAY PROJECTS 6,224,974.73$ 1,967,592.00$ 137,713.73$ 4,119,669.00$ - 60 - 61 CIP GRAND TOTAL 9,404,873.84$ 2,748,591.15$ 813,443.19$ 5,842,839.50$ - 793 CITY OF BOYNTON BEACH FUND 303 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status General Government - Carpet Replacement CP0703 50,000$ 50,000$ Not started General Government - HVAC Repairs GG1004 117,000$ 67,000$ 50,000$ In Process Boynton Beach Blvd Extension & Mangrove Park Improv (Construction)GG1801 28,000$ 28,000$ In Process City Hall-1st, 3rd & 4th F. Reno TS2301 15,196$ 1,877$ 11,197$ 2,122$ Finished Cultural Center Build Outs RP2343 4,400$ 4,400$ Finished Cultural Center Build Outs RP2343 26,000$ 25,984$ 16$ Finished Library & City Sign GG2306 49,937$ 13,937$ 36,000$ In Process TOTAL GENERAL GOVERNMENT (GG) PROJECTS 313,133$ 1,877$ 140,718$ 170,538$ - - - -$ -$ -$ -$ - - - -$ -$ -$ -$ - Fire Station # 5 AHU-1 ,2,3,4,5,6,7 (CHILLER) HVAC ReplacementGH2401 250,000$ 240,432$ 9,568$ In Process Fire Station # 2 AHU 2, 3 and CU-1,2,3 HVAC ReplacementsGH2302 36,000$ 36,000$ -$ In Process PW #1 (Admin, Fleet, Warehouse) CU-1 HVAC Replacement (May-31)GH2206 18,500$ 18,500$ In Process Garage Door Replament / Fleet Fire Logistics FA2308 8,200$ -$ 8,200$ In Process TOTAL GOVERNMENT HVAC (GH) PROJECTS 312,700$ -$ 276,432$ 36,268$ - - - -$ -$ -$ -$ - - - -$ -$ -$ -$ - Betty Thomas Neighborhood Park - Replace Irrigation Breaker 25,000$ 25,000$ In Process Denson Pool - Pool Cover Replacement RP2406 18,000$ 10,298$ 7,702$ In Process Hester Park – Tennis Court Renovations RP2407 35,000$ 27,125$ 7,875$ In Process Little League Park Renovations RP2413 872,000$ 42,813$ 829,187$ In Process Meadows Park - Swing Set Replacement RP2408 25,000$ 20,240$ 4,760$ In Process Barrier Free Park - Site Furnishings Replacement RP2402 75,000$ 70,874$ 4,126$ In Process794 CITY OF BOYNTON BEACH FUND 303 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status Barrier Free Park - Tennis Court Resuf RP2411 28,000$ 26,915$ 1,085$ In Process Pioneer Park Boat Ramp RP2410 104,200$ 10,010$ 94,125$ 65$ In Process Annual Park & Playgrounds Repairs RP2309 31,000$ 30,980$ -$ 20$ Finished Hester Center - Bldg, Baseball, Basketball, Parking, - CamerasRP2204 127,000$ 127,000$ In Process Hester Center - Site Improvements (Construction)RP2101 369,943$ (92,956)$ 242,668$ 220,231$ In Process Hester Ctr-Jogging Path RP2414 -$ -$ In Process Oyer Park - Dredge Channel RP2216 30,000$ 30,000$ In Process Oyer Park – Fishing Pier deck replacement RP2213 52,060$ 21,260$ 30,800$ In Process Wilson Park - Renovate playgrounds RP2218 158,329$ 158,329$ -$ Finished Wilson Park - Tables, Benches, Trash, etc.RP2221 27,262$ 27,262$ -$ Finished Little League Park Privacy Wall RP24xx 150,000$ 150,000$ In Process TOTAL RECREATION AND PARKS (RP) PROJECTS 2,127,793$ 133,624$ 556,318$ 1,437,851$ - - - -$ -$ -$ -$ - - - -$ -$ -$ -$ - Fire Station #4 - Secuirty Cameras 45,700$ 45,700$ Not started Fire Station #5 - Generator & Fuel Tank Replacement FA2401 750,000$ 750,000$ In Process Fire Station #3 - Digital Sign FA2203 25,000$ 25,000$ In Process Police Patrol Laptop Repl PD2201 50,000$ 51,722$ (1,722)$ In Process Fire Station #5 - Generator & Fuel Tank Replacement FA2306 13,125$ 7,025$ 6,100$ -$ In Process Fire Station #5 - Kitchen Renovation FA2304 16,462$ (6,936)$ 16,462$ 6,936$ In Process PD - Commn. Server Room PD2308 77,500$ 77,500$ In Process Police Headquarters - Real Time Crime Center - Datrium PD2309 199,983$ 97,234$ 102,749$ In Process TOTAL PUBLIC SAFETY (FA & PD) PROJECTS 1,177,770$ 97,323$ 74,283$ 1,006,164$ - 795 CITY OF BOYNTON BEACH FUND 303 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status - - -$ -$ -$ -$ - - - -$ -$ -$ -$ - PC Replacement & Laptop IT1811 101,920$ 1,826$ 7,223$ 92,871$ Continual Replace Datrium Server IT2401 703,750$ 98,660$ 405,215$ 199,875$ In Process Replace Datrium Server IT2401 71,250$ 6,660$ 64,590$ In Process Town Square Outdoor Wi-Fi GG2207 6,000$ 6,000$ In Process Install Wireless Access Points Citywide IT2104 1,730$ 1,730$ -$ Continual Fiber Optic Cable Replacement (City-wide)IT2202 16,000$ 16,000$ Continual TOTAL INFORMATION TECHNOLOGY (IT) PROJECTS 900,650$ 107,146$ 414,168$ 379,336$ - - - -$ -$ -$ -$ - - - -$ -$ -$ -$ - Street Maintenance/Impv.CP0266 513,020$ 513,020$ Continual Street Maintenance/Impv.CP0266 48,996$ 48,996$ -$ Continual E. Ocean Av-Sidewalk/ADA TR2406 37,300$ 37,300$ In Process E. Ocean Av-Sidewalk/ADA TR2406 137,360$ 137,360$ In Process Brightline Intrusion TR2307 27,100$ 27,100$ Not started Drive Safe Boynton TR2311 65,000$ 42,014$ -$ 22,986$ In Process Bridge Repair - Maintenance & Improvements TR0903 51,648$ 1,648$ 50,000$ In Process Bridge R. GrantApp SW22Ct TR2404 50,000$ 50,000$ Not started FEC Crossing Upgrade TR1001 51,159$ 51,159$ Continual Lake Boynton Estates&NW8 TR2306 51,148$ 12,346$ 38,802$ -$ In Process Tk157-SW 8th St Improv.TR2318 598,375$ 592,746$ 5,629$ In Process Tk157-SW 8th St-Sidewalk TR2319 139,390$ 70,045$ 69,345$ In Process796 CITY OF BOYNTON BEACH FUND 303 ADOPTED CIP BUDGET FY 2023-24 CAPITAL IMPROVEMENT PLAN PROJECT NAME Project Number Total Amended BUDGET Expenditures Encumbrance Appropriated Available Budget Status T157-SW8th St-Landscapin TR2320 151,456$ 151,456$ -$ In Process Tk 183-RollingGreen Sidew TR2323 19,674$ 22,749$ (3,075)$ Finished Task 188-Meadows Way TR2325 31,536$ 15,768$ 15,768$ In Process Task 163-Meadows Blvd Imp TR2326 578,180$ 578,180$ 0$ In Process Task 163-Meadows Blvd Imp TR2326 34,413$ 22,626$ -$ 11,787$ In Process Tk 120-Chapel Hill Resurf TR2401 200,000$ 196,278$ 3,722$ In Process Tk 189-Cherry Hill Resurf TR2402 562,000$ 561,459$ 541$ In Process Tk168-Boynton Lakes Resur TR2403 421,400$ 421,316$ 84$ In Process TOTAL TRANSPORTATION/ROADWAY (TR) PROJECTS 3,769,154$ 677,914$ 2,098,514$ 992,726$ - -$ - CIP GRAND TOTAL 8,601,200$ 1,017,885$ 3,560,433$ 4,022,882$ 797 Financial Services DepartmentCIP Grants Update Mirna Crompton Grants Manager March 05, 2024 798 CIP Projects Funding 799 CIP GRANTS TOTAL : $28, 268,446 #CIP Project Grantor Funding Type Project Phase Funded Boynton Beach Cost- share Grant Funding 1 SE 1st Street - Construction Roadway Improvement Project FDOT Local Agency Program Grant Federal Construction $ 3,829,670 $ 1,500,000 2 San Castle Neighborhood Improvements Community Development Grant- Mitigation Program Federal Construction $ 3,265,302 $ 16,500,000 3 Fire Station Rescue Station # 2 Hardening Community Development Grant- Mitigation Program Federal Construction $ 26,474 $ 571,611 4 ECO Park Florida Department of Environmental Protection Federal Construction $ 364,250 $ 364,250 5 Hester Center/ Field LISC-NFL Grant Foundation Construction $ - $ 250,000 6 Public Safety Dock - Oyer Park FL Inland Navigation District- Waterway Assistance Program Local Planning & Design $ 50,000 $ 50,000 7 Golfview Harbor/ Meadows Neighborhoods Lake Boynton States Lake Shore Haven Canal Bridge ARPA Federal Construction $ - $ 3,575,000 #CIP Project Grantor Funding Type Project Phase Funded Boynton Beach Cost- share Grant Funding 1 SE 1st Street - Construction Roadway Improvement Project FDOT Local Agency Program Grant Federal Construction $ 3,829,670 $ 1,500,000 2 San Castle Neighborhood Improvements Community Development Grant- Mitigation Program Federal Construction $ 3,265,302 $ 16,500,000 3 Fire Station Rescue Station # 2 Hardening Community Development Grant- Mitigation Program Federal Construction $ 26,474 $ 571,611 4 ECO Park Florida Department of Environmental Protection Federal Construction $ 364,250 $ 364,250 5 Hester Center/ Field LISC-NFL Grant Foundation Construction $ - $ 250,000 6 Public Safety Dock - Oyer Park FL Inland Navigation District- Waterway Assistance Program Local Planning & Design $ 50,000 $ 50,000 7 Golfview Harbor/ Meadows Neighborhoods Lake Boynton States Lake Shore Haven Canal Bridge ARPA Federal Construction $ - $ 3,575,000 800 CIP GRANTS TOTAL : $28, 268,446 (continuation) #CIP Project Grantor Funding Type Project Phase Funded Boynton Beach Cost- share Grant Funding 8 Beachfront Park Sewer Treatment Plan Florida Department of Environmental Protection State Design & Construction $ - $ 300,000 9 EWT Generator Park Sewer Treatment Plan Community Development Grant- Mitigation Program Federal Construction $ 6,000,000 $ 2,100,000 10 Coquina cove Florida Department of Environmental Protection State Construction $ 1,634,213 $ 1,500,000 11 Watershed Master Planning Florida Division of Emergency Management Federal Planning $ 82,278 $ 246,833 12 Lakeside Gardens Florida Division of Emergency Management Federal Design & Construction $ 425,580 $ 800,752 13 Hester Center/ Airnasium Community Development Grant Federal Construction $ - $ 510,000 $ 15,677,767 $ 28,268,446 TOTAL #CIP Project Grantor Funding Type Project Phase Funded Boynton Beach Cost- share Grant Funding 8 Beachfront Park Sewer Treatment Plan Florida Department of Environmental Protection State Design & Construction $ - $ 300,000 9 EWT Generator Park Sewer Treatment Plan Community Development Grant- Mitigation Program Federal Construction $ 6,000,000 $ 2,100,000 10 Coquina cove Florida Department of Environmental Protection State Construction $ 1,634,213 $ 1,500,000 11 Watershed Master Planning Florida Division of Emergency Management Federal Planning $ 82,278 $ 246,833 12 Lakeside Gardens Florida Division of Emergency Management Federal Design & Construction $ 425,580 $ 800,752 13 Hester Center/ Airnasium Community Development Grant Federal Construction $ - $ 510,000 $ 15,677,767 $ 28,268,446 TOTAL 801 HESTER CENTER LISC- NFL GRANT 802 Grants in Process - Awarded Emerging Contaminants – Drinking Water State Revolving Fund Loan Planning and Design - Federal Funds Funding request: $ 5,167,179 Match contribution: $231,821 803 Submitted Applications for CIP Projects: State Appropriations submitted on 11/06/2023 •911 Communications Center Generator Replacement Fire station #5, Funding Request: $600,000. Match contribution: $150,000 •Boynton Beach Fire Rescue EOC Improvements Funding Request: $400,000 No match. •Harvey Oyer Fishing Pier - Harvey E. Oyer Jr. Park Funding Request: $800,000 Match contribution: $200,000 •Neighborhood Connectivity Project: Sky Lake Neighborhood, Funding Request : $1,018,400 Match contribution: $254,600 •Pioneer Canal Park Boat Ramp Improvements Funding Request : $564,800 Match contribution: $141,200 •Lake Shore Bridge Canal Project Funding Request : $1,182,132 Match contribution: $600,000 804 UPCOMING CIP PROJECT APPLICATIONS: $2,075,990 M •Florida Boating Improvement Program Grant – Pioneer Canal Boat Ramp Improvement - Phase II Construction Funding request: $816,000 Application submittal due on 03/20/2024. Match contribution: $205,000 •Waterways Assistance Program –Boynton Beach Safety Program Phase II Oyer Park Funding request: $125,000 Application submittal due 04/01/2024. Match contribution: $125,000 •Energy Efficiency community Block Grant: Funding request: $134,990. Application submittal 04/30/2024 No match •Safe Streets for All Grants: Action Plan Funding request: up to 1M . Application submittal 05/16/24 Match contribution: 20% 805 Thank you Department of Financial Services https://www.Boynton-beach.org/ 806 807 Utilities Department Quarterly CIP Project Update Poonam K Kalkat, PhD Utilities Director March 5, 2024 808 FY 23-24 Capital Improvement Program Total CIP (Including multi-year projects): $ 121,560,000 Broad Category of projects Budget Water Supply and Treatment Projects $45,080,000 Neighborhood Synergistic Projects (Water, Wastewater and Stormwater)$34,200,000 Wastewater Collection System Improvement Projects $23,000,000 Stormwater and Drainage Improvement Projects $10,030,000 Studies and Master Planning Efforts $5,750,000 809 Water Supply and Treatment Projects Ongoing or Planned CIP Projects Budget Proposed Funding Current Phase & Projected completion District Raw Water Main Repair $2,980,000 CIP Funds Construction 2024 All Structural Repairs, Clear Well Log 4 Removal and VFD Replacement at the East Water Treatment Plant $4,400,000 CIP Funds Construction 2024 All East Water Treatment Plant Generator Replacement $10,000,000 CIP Funds, FL Commerce Grant Design/Construction 2025 All Remodeling Water Quality Facility $2,000,000 CIP Funds Bidding/Procurement 2025 All West Wellfield Electrical Upgrades $1,800,000 CIP Funds Construction 2025 All West Water Treatment Plant Membrane Train Replacement and Electrical & SCADA Upgrades $20,000,000 CIP Funds SRF Loans Planning 2027 All 810 East Water Treatment Plant-Structural Repairs and Variable Frequency Drive (VFD) Replacement Project Manager-Joel Lacroze Installation of 2 VFDs to control High Service Pump 5 and 6 Will allow control of potable water flow rate from the plant to the Distribution system and help better maintain pressures in the system Adds redundancy and more efficient operations and controls. 811 Neighborhood Projects-Include Water, Wastewater & Stormwater Infrastructure Ongoing or Planned CIP Projects Budget Proposed Funding Current Phase & Projected completion District Lakeside Gardens (Dimick & Potter Roads) $3,000,000 CIP Funds, FL Commerce Grant Construction 2024 4 Central Seacrest Utility Improvement $2,000,000 CIP Funds Design Complete 2025 3 Coquina Cove Utilities Improvements $1,700,000 CIP Funds, Resilient FL Grant Design 2026 2 Heart of Boynton Neighborhood Improvements $11,000,000 CIP Funds, Pending Grant Planning 2026 2 San Castle Utilities Improvement $16,500,000 CIP Funds, FL Commerce Grant RFQ for Design 2027 2 812 Lakeside Gardens Improvements Project Manager -Jose Huertas Replacement of all Gravity Sanitary Sewer Mains and Laterals Upgrading of Potable Water Mains and Water Services Upgrading Stormwater Pipes and Structures Upgrading Curbing, Roadway, Driveways, Landscaping and site Restoration Two additional Outfalls (6 inch and 36 inch) with Backflow Valves 813 Coquina Cove Drainage improvements Project Manager- Eduardo Garcia Replacement of Sanitary Sewer Rehabilitation of 12 Gravity Manholes, Sanitary Laterals, Cleanouts Rehabilitation of Lift station Upgrading Water Main Installation of 24 Inch Drainage pipe and outfall Coordination with FPL for Undergrounding Electrical Utilities and with FPU for providing gas lines 814 Wastewater Collection System Improvement Projects Ongoing or Planned CIP Projects Budget Proposed Funding Current Phase & Projected completion District Force Main Replacement at Lift Station 356 $1,619,181 CIP Funds Completed 2023 3 Silverwood Force Main $1,800,000 CIP Funds Construction 2024 4 Town of Hypoluxo Septic to Sewer Grant Project $1,500,000 Grant to the Town Design 2024 Outside City Limits Lift Station 410 and 414 Connection to Force Main $2,000,000 CIP Funds Design 2025 3 Oceanfront Park WWTP (Beach Plant)$500,000 CIP Funds FDEP Grant Bidding/ Procurement 2025 Outside City Limits Master Lift Station 317 Major Rehab Upgrades $10,800,000 CIP Funds Design/Value engineering 2025 1 815 Lift Station 410 and 414 Force Main Extension Project Manager-Milot Emile Lift Station 410 (SE 27th Ave)-Force Main extension to alleviate manhole surcharge problems in the area. Lift Station 414 (SE 21st Ave)-Force Main extension to alleviate manhole surcharge problems in the area. 816 Stormwater and Drainage Improvement Projects Ongoing or Planned CIP Projects Budget Proposed Funding Current Phase & Projected completion District Watershed Master Planning $330,000 CIP Funds Study/Design 2024 All Lake Shore Haven Canal Bridge (Joint project with Public Works) $2,000,000 CIP Funds, Request for Legislative Appropriations Request Design 2025 3 Chapel Hill Stormwater Improvements $5,300,000 CIP Funds Watershed Master planning 2026 3 Quantum Lakes Stormwater Improvements $1,200,000 CIP Funds Design/ Construction ongoing 4 817 Studies and Master Planning Ongoing or Planned CIP Projects Budget Proposed Funding Current Phase & Projected Completion East Water Treatment Plant Emerging Contaminant Treatment Options Evaluation & Design $5,400,000 CIP Funds, SRF Loan Loan Agreement Completed Ready to Bid 2025 Grant Strategy and Development $200,000 CIP Funds Ongoing SCADA Cybersecurity $150,000 CIP Funds Ongoing 2024 Risk Analysis, Matrix and Prioritization $300,000 CIP Funds RFQ Asset Management Roadmap $150,000 CIP Funds Ongoing 2024 818 Questions 819 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith@icons-inc.com;corp@icons-inc.com QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW CURRENT BID TERM: JANUARY 5, 2024 – JANUARY 4, 2025 Dear Mr. Smith: The current bid term for “LASERFICHE ANNUAL MAINTENANCE AND SUPPORT” expires on January 4, 2024. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt@bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, Taralyn Pratt Taralyn Pratt Assistant Purchasing Manager DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 17820 The City of Boynton Beach America’s Gateway to the Gulf Stream Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 16, 2024 QUOTE: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT – PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2024 – JANUARY 4, 2025 _____ Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. _____ No, I do not wish to renew the bid for the following reason(s) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ INFORMATION CONSULTANTS, INC. ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL DocuSign Envelope ID: 990B4C3F-3128-4601-8A0B-81AFE3D5D54F 954-989-37041/31/2024 psmith@icons-inc.com Pierre Smith President 18821