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Agenda 10-03-23The City of Boynton Beach City Commission Agenda Tuesday, October 3, 2023, 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 1) Woodrow L Hay, Commissioner (District 11) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager David Tolces, Interim 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 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 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 Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call. Invocation by Pastor Amalie Ash, First Presbyterian Church. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Information Items by members of the City Commission. City Commissioners to disclose any informational items to the public. 3. Announcements, Community and Special Events And Presentations A. Career Online High School Graduate - Certificate of Achievement. Present a Certificate of Achievement from Mayor Ty Penserga to Ange Lucie Collot Bien -Aimee and Veronica Caraballo, for successfully earning a high school diploma from Smart Horizons through the Library's Career Online High School Program. B. Announcement of Fall Festival Announcement of the Annual Fall Festival being held on Saturday, October 14, from 3:00 P.M. to 6:00 P.M. at Centennial Park located at 120 E. Ocean Avenue in Downtown Boynton Beach. 3 This year's event includes a kid zone, pumpkin decorating contest, food trucks, music, petting zoo, and more. Community Greening will be onsite hosting a free tree giveaway for attendees while supplies last. For more information contact the Recreation & Parks Department. C. Announcement of Senior Health Fair Announcement of the Annual Senior Health Fair being held on Tuesday, October 17th from 9 A.M. to 11 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. This event is free to the public providing health resources and services from Health Care providers for Seniors and Caregivers along with free health screenings, fitness demonstrations, and door prizes. For more information contact the Recreation & Parks Department. D. Announcement of the City of Boynton Beach First Friday at 5 Concert, celebrating Hispanic Heritage Month. This event is free and open to the public and will take place on Friday, October 6, 2023 from 5:00 P.M. to 9:00 P.M. at Centennial Park and Amphitheater. In a tribute to Hispanic Heritage Month, the City is excited to welcome Jesus Manuel y Su Orquesta at this months First Friday @ 5 concert. This event will serve as a platform to honor the heritage and achievements of Hispanics and Latinos in the United States. This special edition concert will feature salsa lessons by Delray Ballroom, a local vendor market and the opportunity to learn more about the rich Hispanic culture. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission). 5. Administrative A. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda A. Proposed Resolution No. R23-135- Amendment FY 2022-23 Mausoleum Fund 632. Amend the balance of mausoleum funds due to an emergency expense for an electrical repair in the amount of $39,349. B. Purchases for over $10,000 -August 2023 Accept the written report to the Commission for purchases over $10,000 for the month of August 2023. C. Bid Extensions and Piggy -Back Under $100,000. 4 Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 3, 2023 - "Request for Extensions and/or Piggy -backs." D. Proposed Resolution No. R23-136- 1st Amendment to Athletic Angels Foundation, Inc. Facility Use Agreement Approve amendment to facility use agreement between Athletic Angels Foundation, Inc. and the City of Boynton Beach to provide for additional time to obtain permits and site plan approval. E. Proposed Resolution No. R23-137- NFL Grassroots Grant Fiscal Support Agreement with Youth Enrichment Association for Academics and Athletics, Inc. Approve and authorize the Mayor to sign the Fiscal Sponsor Agreement between Youth Enrichment Association for Academics and Athletics (YEAAA) and the City of Boynton Beach to receive funds in the amount of $250,000 to renovate the football field at the Ezell Hester Jr. Community Park awarded by Local Initiatives Support Corporation (LISC), Miami Dolphins, and NFL Foundation Grassroots Grant. The NFL Grassroots Program will issue a total of three million dollars this year towards the renovation and construction of football fields located in NFL communities nationwide. F. Legal Invoices July/August 2023. Information at the request of the City Commission. No action required. G. Commission Meeting Minutes. Approve minutes from the September 5, 2023 City Commission Meeting. 7. Consent Bids and Purchases over $100,000 A. Increase the estimated annual expenditure of the State of Florida Contract # 25172500 -19 -ACS with Easy Pay Tires. Approve an increase to the estimated annual expenditure of the State of Florida Contract # 25172500 -19 -ACS with Easy Pay Tires (a local business) in the amount of $20,000, increasing the estimated annual expenditure from $320,000 to $340,000. B. Proposed Resolution No. R23-138- Bid No. UTL23-030 for West Wellfield Electrical Upgrade - 4W, 5W ,7W and 8W Project. Approve award of Bid No. UTL23-030 for the West Wellfield Electrical Upgrade - 4W, 5W, 7W, and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay, Florida in the amount of $1,610,000 plus a 10% contingency of $161,000 for staff approval of change orders for unforeseen conditions (if needed) for a total expenditure of $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the amount of $976,000 for the completion of the project. C. Installation of utilities equipment canopies for portable generator storage. Requesting Commission approval to increase PO # 211639 for Change Order No. 1 in the amount of $27,209.37 and Change Order No. 2 in the amount $2,897.64 with RPM Contractors, Inc. for Task Order F-16-2021 Utilities Canopies for RFQ No. 028- 5 2511-20/RW - Minor Construction Services Bid, awarded by City Commission on 1/19/2021. D. Proposed Resolution No. R23-139- Ezell Hester Park Improvements- Change order to PO 231014. Approve a change order with LTG Sports Turf One (Bid # PWE23-004) in the amount of $361,103.47 based on costs provided and amending the fiscal year 23-24 surtax and capital improvement budget. E. Bid Extensions and Piggy -Back Over $100,000. 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 September 5, 2023 - "Request for Extensions and/or Piggy -backs." 8. Public Hearina 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. 23-021- Second Reading - The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Approve the request for the abandonment of the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC. 9. City Manager's Report 10. Unfinished Business A. Proposed Resolution No. R23-140- Approval of In House Attorney Employment Letter (Contract) Approve and authorize the Mayor to sign the In House Attorney Employment Letter with a start date of Monday, October 23, 2023. 11. New Business A. Discussion on best practices in regards to regulating tints for paraphernalia shops. Discussion requested by Vice Mayor Turkin. 12. Legal 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi -Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 17, 2023 6 Adopt the proposed Local Rules of Procedure. B. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 Report regarding sewer leak in the Intracoastal Waterways. Requested by Mayor Penserga. C. Discussion regarding regulations to support local businesses.- November 7, 2023 Discussion requested by Commissioner Cruz. D. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion requested by Commissioner Hay. F. Discussion regarding the Art Assessment Fee. - TBD Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. Requested by Vice Mayor Turkin.- TBD 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City 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 Announcements, Community and Special Events And Presentations 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Career Online High School Graduate - Certificate of Achievement. Requested Action: Present a Certificate of Achievement from Mayor Ty Penserga to Ange Lucie Collot Bien -Aimee and Veronica Caraballo, for successfully earning a high school diploma from Smart Horizons through the Library's Career Online High School Program. Explanation of Request: Celebrating this achievement will help bring awareness of this free program and encourage other potential students to participate in the program. How will this affect city programs or services? This program was paid for with State of Florida funding through the Florida State Division of Library and Information Services. Fiscal Impact: There is no fiscal impact to the budget for this item. 0 Announcements, Community and Special Events And Presentations 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Announcement of Fall Festival Requested Action: Announcement of the Annual Fall Festival being held on Saturday, October 14, from 3:00 P.M. to 6:00 P.M. at Centennial Park located at 120 E. Ocean Avenue in Downtown Boynton Beach. This year's event includes a kid zone, pumpkin decorating contest, food trucks, music, petting zoo, and more. Community Greening will be onsite hosting a free tree giveaway for attendees while supplies last. For more information contact the Recreation & Parks Department. Explanation of Request: Announcement of the City of Boynton Beach Recreation & Parks Department Annual Fall Festival being held on Saturday, October 14, from 3:00 P.M. to 6:00 P.M. at Centennial Park & Amphitheater located at 120 E. Ocean Avenue in Downtown Boynton. How will this affect city programs or services? For the safety of attendees and vendors, the following roads will be closed for the event. • E. Ocean Ave., from Seacrest Blvd. to SE 1st St. from approx. 12 P.M. to 7 P.M. • SE 1st Ave., from Seacrest Blvd. to SE 1st St. from approx. 12 P.M. to 7 P.M. Support Services provided by Public Works Department, Marketing Department, Boynton Beach Police Department, and Boynton Beach Fire Department. Fiscal Impact: This is a budgeted event. 0 3.0 Announcements, Community and Special Events And Presentations 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Announcement of Senior Health Fair Requested Action: Announcement of the Annual Senior Health Fair being held on Tuesday, October 17th from 9 A.M. to 11 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. This event is free to the public providing health resources and services from Health Care providers for Seniors and Caregivers along with free health screenings, fitness demonstrations, and door prizes. For more information contact the Recreation & Parks Department. Explanation of Request: Announcement of the City of Boynton Beach Recreation & Parks Department Annual Senior Health Fair being held on Tuesday, October 17th from 9 A.M. to 11 A.M. at the Ezell Hester Jr. Community Center located at 1901 N. Seacrest Blvd. How will this affect city programs or services? Support Services provided by Public Works and Marketing Departments. Fiscal Impact: This is a budgeted item. 10 mug Announcements, Community and Special Events And Presentations 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Announcement of the City of Boynton Beach First Friday at 5 Concert, celebrating Hispanic Heritage Month. This event is free and open to the public and will take place on Friday, October 6, 2023 from 5:00 P.M. to 9:00 P.M. at Centennial Park and Amphitheater. Requested Action: In a tribute to Hispanic Heritage Month, the City is excited to welcome Jesus Manuel y Su Orquesta at this months First Friday @ 5 concert. This event will serve as a platform to honor the heritage and achievements of Hispanics and Latinos in the United States. This special edition concert will feature salsa lessons by Delray Ballroom, a local vendor market and the opportunity to learn more about the rich Hispanic culture. Attachments: First Friday 10.6.23.pdf 11 IIN f 11:i 7'R: i D .. 12 Administrative 10/3/2023 Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: On March 31, 2023, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Appointments _ Reap poi ntments_and_Applicants_for_10-03-23- updated 10-02-2023.docx Frew, Sharon - Affordable Housing Advisory Committee.pdf Radigan, Amanda Affordable Housing Advisory Committee.pdf Okler, Tara - Affordable Housing Advisory Committee.pdf Tilton Ratcliff, Ace - Art Advisory Board.pdf Moses, Breion - Art Advisory Board.pdf Roberts, Margaret - Art Advisory Board.pdf Tarca, Deborah - Art Advisory Board.pdf Froehlich, Susan - Art Advisory Board.pdf McIntyre, Noelle - Community Redevelopment Agency Advisory Board.pdf Cobb, Naomi - Community Redevelopment Agency Advisory Board.pdf Roundtree, Lesha - Community Redevelopment Agency Advisory Board.pdf Gordon, Golene - Community Redevelopment Agency Advisory Board.pdf Jackowiak, Mark - Community Redevelopment Agency Advisory Board.pdf 13 Gadson, Chevette - Community Redevelopment Agency Advisory Board.pdf Lopresto, Alexandria- Community Redevelopment Agency Advisory Board.pdf Posta, Heather - Community Redevelopment Agency Advisory Board.pdf Anderson, Eric - Community Redevelopment Agency Advisory Board.pdf Roberts, Lisa-Nicole Community Redevelopment Agency Advisory Board.pdf Castillo, Luisana - Community Redevelopment Agency Advisory Board.pdf McQuire, Courtlandt - Community Redevelopment Agency Advisory Board.pdf Kasey-McClendon, Teresa - Education and Youth Advisory Board.pdf Valcourt, Valerie - Education and Youth Advisory Board.pdf Calixte-Dieuvil, Francoise Education and Youth Adviosry Board.pdf Veloso, Odalis - Education and Youth Advisory Board.pdf Nguyen, Gloria - Education and Yourth Advisory Board.pdf Jackson, Bradley - Historic Resources Preservation Board.pdf Smith, Roy - Historic Resources Preservation Board.pdf Ramiccio, Thomas Historic Resources Preservation Board.pdf Karten, Lindsay - Library Board.pdf Jones, Ellen - Library Board.pdf Levine, Marcia - Library Board.pdf Barsky, Joel - Library Board.pdf Beveridge, Sarah - Recreation and Parks Board.pdf Lasky, Belinda - Recreation & Parks Board.pdf Hines, Julie - Recreation & Parks Board.pdf 14 Advisory Board Vacancies October 3, 2023 Affordable Housing Advisory Committee Member 1 (3 year) term Mayor Penserga Advocate for Low -Income Persons Vice Mayor Turkin Serving on Local Planning Agency Applicants: Sharon Frew Applied on 08/31/23 Advocate for Low -Income Persons Amanda Radigan Applied on 08/31/23 Serving on Local Planning Agency Tara Okler Applied on 09/14/23 Advocate for Low -Income Persons Art Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin Regular II Hay Regular IV Kelley Alternate Mayor Penserga Alternate Applicants: Regular Ace Tilton Ratcliff Applied on 03/14/23 - Current Regular member. Completed first term. Breion Moses Applied on 05/19/23 Margaret Roberts Applied on 08/26/23 Deborah Tarca Applied on 08/31/23 Susan Froehlich Applied on 09/02/23 Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Chevette Gadson Alternate Member 2 (1 year) terms Alexandria Lopresto Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Mayor Penserga Regular Vice Mayor Turkin Alternate I Cruz Alternate Applicants: None Community Redevelopment Agency Advisory Board 2 Year staggered terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Applicants: Noelle McIntyre Applied on 02/01/23 Naomi Cobb Applied on 03/14/23 - Current Regular member. Completed first term. Lesha Roundtree Applied on 03/29/23 Golene Gordon Applied on 04/13/23 - Current Regular member. Completed first term. Mark Jackowiak Applied on 04/14/23 Chevette Gadson Applied on 04/18/23 Alexandria Lopresto Applied on 04/19/23 Heather Posta Applied on 04/22/23 Eric Anderson Applied on 05/18/23 Lisa Nicole Roberts Applied on 06/12/23 Luisiana Castillo Applied on 08/15/23 Courtlandt McQuire Applied on 09/26/23 Education and Youth Advisory Board 15 Advisory Board Vacancies October 3, 2023 Regular member 2 (2 year) terms Applied on 03/01/23 Alternate/Student Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Regular IV Kelley Regular Mayor Penserga Student Vice Mayor Turkin Student I Cruz Student Applicants: Teresa Kasey-McClendon Applied on 03/01/23 Valorie Valcourt Applied on 03/01/23 - Current Regular member. Completed one term. Francois Calixte-Dieuvil Applied on 03/08/23 - Current Regular member. Completed first term. Odalis Veloso Applied on 06/03/23 - Student Gloria Nguyen Applied on 09/13/23 - Student Historic Resources Preservation Board — Quasi-judicial Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Vice Mayor Turkin I Cruz II Hay Applicants: Bradley Jackson Roy Smith Thomas Ramiccio Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms I Cruz II Hay IV Kelley Mayor Penserga Vice Mayor Turkin I Cruz Applicants: Lindsay Karten Ellen Jones Marcia Levine Joel (pronounced Jo -Elle) Barsky Regular Regular Regular Alternate Applied on 03/31/23 Applied on 04/28/23 Applied on 09/23/23 Regular Regular Regular Regular Alternate Alternate Applied on 03/02/23 - Current Regular member. Completed first term. Applied on 03/06/23 Applied on 03/07/23 - Current Regular member. Completed first term. Applied on 05/01/23 Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms IV Kelley Regular Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular II Hay Alternate Applicants: Sarah Beveridge Applied On 02/23/23 Belinda Lasky Applied on 06/18/23 Julie Hines Applied on 08/11/23 Senior Advisory Board 16 Advisory Board Vacancies October 3, 2023 Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular Applicants: None 17 From: City Clerk Sent: Friday, September O1'2O23&:1DAK4 To: Ramirez, FU Cs De Jesus, K4ay|ee Subject: FW: Advisory Board Appointment application Attachments: Sharon--Fr-ew_ReSUme.pdf Good Morning R), From: sjohnson<nurep|y@123fonnbuiWercnnn> Sent: Thursday, August 31,2D23 8:55 PIM To: City Clerk <CityC|erk@bbM.us> Subject: Advisory Board Appointment application Today's date 08/31/2023 Name Sharon Frew Phone number 561-306`426I Address 8844rN4RGECTAPT A B0YNTONBEACH FL3343G-2486 United States Email Current occupation or, if retired, prior Social Service Director occupation Education BA in Secondary Education, State Licenses as a Building Contractor & Food Manager. AccOUnting Are you ane��t�re� - res Do you reside within the Boynton Beach No City limits? Do you own/manage a business within City Yes If "yes", ^ ' BBFaith-Based CDC, Inc. business: Are you currently serving ona City No 1 18 Have you served ona City board iuthe Yes past?_ |f"yes",which Affordable Housing many years ago board(s)and w*hen7 Have you ever been Yes convicted ofa crime? |f"yes",when and Auto Insurance expired, driver's license effected, drove a VW on turnpike to daughters for where? Christmas and pulled over for lack of a front burnper on the VW. Back in rny hippy days about 40 years ago, Did community service with Habitat for Humanity and was their first construction chair in Boca Raton. Advisory Beard Affordable Housing Advisory Committee |fappointed bythe City Commission to serve as Board Chair Yes or Vice Chair are you willing toserve inthis capacity? Personal Construction Industry Experience Qualifications State Certified Building Contractor Wellington 0' Boca Grove. Delray Beach CRA -Acquisition §& Eminent Domain Specialist —wrote RFP &RFQspecifications, 2nd Mortgage policies &procedures, - HOME/SHIP grant writing, -provided 26Olow-income affordable units. Consultant for -Habitat for Humanity Boca Raton - Laoa||nitiativeSupportCorporahmn - TheTED[enter - NVVRivieraBeechCD[ Northwood CDC - [ityofOaNandPark 'VVP8Housing Authority Grant Writer for Federal, State, & Local Grants —[DBG,SHIP, HAP, HH�CED, Federal Home Loan Bank, Florida Finance Agency, HOME, Fannie Mae Foundation, PBC, & various local foundations. Professional Associations Memberships Homeless 8'Housing Alliance United Way ofPBC - Senior Hunger Committee Steering Committee Member ofBoynton Beach Mental Health Cornnnh1ee Steering Committee Member ofHealthier Boynton Beach Licensed State mfFlorida Building Cuntractmr- inactive State of Florida Food Manager's License 9 19 Feel free to atra¢n/up/oaoan extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from a board. The message has been sent from7IZO5,1.14l(United States) at2O23/OG-3l19:S4:46mnChrome 116.Q�.O Entry ID: 652 Referrer: Form Host: 20 ANIM091 M - Authorized to work in the US for any ernployer Work Experience Executive Director/CEO NON PROFIT ORGANIZATION - Boynton Beach, FL. May 1.999 to Present • Grant Writing • Fundraising • Donor Development • Accounting / Quickbooks • Human Resources & Payroll Management • Prograrnmatic Development including Culinary Incubator • Marketing, website development, social media rr,ianagernent • Officle Suite, Word, Excel, Power Point • Catering Experience, Food Manager's License • Organic Gardening & NUtTition Education Banking Cash Management In Accounting and Bank Management Banking Institute of' America - Local Broward College - Fort Lauderdale, FL 1.970 to 1.982 Associate in Secondary Education Western Michigan University - Kalamazoo, MI September 1,964 to April 1968 Associate in Secondary Education - Math Teacher Kalan,iazoo, MI d= • Budgeting (10+ years) • Microsoft Powerpoint (10+ years) • Marketing (10+ years) • Microsoft Word (10+ years) • Strategic Planning (10+ years) • Retail Sales (10+ years) • Training (10+ years) 21 I= I ttp5: wwwjinkediri, or /in sh rry.-Johnson-2621all.6/ Food Manager, Certificati d -M May 2009 to Present I 22 From: Radigana <noreply@123foi'-nibLlilder-.car-n> Sent: Thursday, August 31, 2023 1:30 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: ABR-,Resume.pdf Today's date 08/31/2023 Name Amanda Radigan Phone number 561-742-6256 Address 100 E Ocean Avenue City Hall Boynton Beach Fl. 33470 United States Email Radigana@bbfl.us Current occupation or, if retired, prior Director of Planning & Zoning occupation �-!11110151010111 0#110107iffir-MIUMM, Are you a registered Yes voter? Do you reside within the Boynton Beach No City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been convicted of a No crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee 23 If appointed 6mthe City Commission to serve as Board Chair No or Vice Chair are you m/UOng tmserve |n this capacity? Personal Qualifications Professional Memberships Feel free b» artacn/up|oaoan extra sheet or resume. Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate, | understand that, ifappointed, any false statennentsmay because for removal from a board. The message has been sent from 58.173.34.I4G(United States) aL2O23-08-3112:3O:24onChrome lI6.0D.0 Entry ID: 6SD Form Host: 24 Objective: To lead an outstanding team of planners and collaborate with engineers and building & policy experts to shape a City's built environment. Through operational excellence and attention to customer service, I strive to balance community, economic and environmental interests to ensure the highest quality of life for the public Experience: City of Boynton Beach, Planning & Zoning Director April 2022 — Present The staff that I am responsible for leading is charged with overseeing both current and long-range planning. Tasks include addressing development inquiries, guiding development through approvals, interpreting and writing Land Development Regulations, implementing the City's Comprehensive Plan and Strategic Plan. Special Projects: Boynton Beach Complete Streets Mobility Plan Boynton Beach Community Redevelopment Plan Sustainable Development Regulations Created overlay zone regulations Process and review criteria, Mixed Use and TOD regulations, Developing a Three-year Department Strategic & Business Plan Other Duties Manage contracts with consultants for project -based work. Create and manage Division Budget Aid in site planning and design of government facilities and investments. Represent the City at County TPA Committees. Represent the City in I PARC, Participate in regional efforts to address housing needs. City of Boynton Beach, Principal Planner July 2018 — April 2022 City of Boynton Beach, Senear Planner July 2014 — July 2018 Florida Atlantic University, Adjunct Professor Fort Lauderdale, Florida Spring 2013 — Spring 2019 ARC 3374 Site Planning & Engineering URP 4870 Site Planning URP 4920 Planning Design Studio City of Pompano Beach, Planner Pompano Beach, Florida May 2011 — July 2014 Review residential, commercial & industrial building permits Review of site plans for DRC, AAC & P&Z Staff Liaison to the Architectural Appearance Committee City representative at the Broward Sustainability Stewards City representative at the Broward MPO Complete Streets TAC Review & revise zoning code design standards and guidelines Other design arid/or sustainability related tasks, as needed Developed the City's Complete Streets Manual & CPTED Guidelines Solar Express, Project Manager Freehold, New Jersey January 2008 — May 2011 Developed solar photovoltaic systems HOK, Design Technician New York, New York May 2008 — January 2009 Technical I Design work of Health Care facilities including: Ohio State University Hospital, Miriam Hospital and SUNY Downstate Medical Center Gage/ Clemenceau Architects, Internship New York, New York May 2007 — January 2008 Produced: Construction, Lighting, and Mechanical Documents California College of Art, Teaching Assistant San Francisco, California September 2006 — May 2008 Building Energy + Integrated Building Systerns E: aniatidabradigan@gi,Tiail.com - T: 732,984.1019 25 11;;11!M ly . ! 1111 . 0 Education: Florida Atlantic University Master's in Urban and Regional Planning Specialization in Urban Revitalization and Economic Development College of Design and Social Inquiry MIMO: Feasibility Analysis & Redevelopment Plan Broward MPO: Transit Oriented Development Study FILL Intermodal Center: South Florida Transportation Master Plan Post Disaster Housing: Design Guidelines for Broward County California College of Art Degree Earned: Bachelor of Architecture Excellence in Leadership Award in Diversity and Equality Exhibitions * Study abroad + Joint Studies: Argentina, Mexico, Peru Professional Certifications & Organizations: AICD (American Institute of Certified Planners) LEED Accredited Professional A,AIA [American Institute of Architecture] Computer Skills/Abilities: Proficient Sketchup, Adobe Creative Suite, AutoCAD, Microsoft Office San Francisco, California Graduated May 2008 Awarded: April 2008 Spring 4. Summer 2007 E: amanclabradigan@grnail.corn T: 732.984.1019 Since November 2018 Since June 2009 Since 2005 NoviceRevit, ArcGIS 26 From: Tara,okler <noreply@123fori,nbuilder.com> Sent: Thursday, September 14, 2023 12:48 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Tara-0kler..RESUME-.,BB.pdf Today's date 09/14/2023 Name Tara Okler Phone number 561-440-4624 Address 6758 N Military Trail Suite 301 Riviera Beach Florida 33407 United States Email Tara,okler@tiai)itatpbc.org Current occupation or, if retired, prior Chief Operating Officer occupation Education Masters Degree Are you a registered voter? Yes Do you reside within the Boynton Beach No City limits? Do you own/manage a business within City Yes limits? if" Ac" name of y P Habitat for Humanity Greater PBC operates in Boynton Beach business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee 27 if appointed by the City Commission to serve as Board Chair No orVice Chair are you willing toserve inthis Personal ihave worked at Habitat for Humanity of Greater Palm Beach County for over 11years. | spent 9 Qualifications years working directly with the homeowners that we serve through homeownership and horne repair. I have two years of experience in operations, overseeing construction, home repair programs, Volunteer services and horneowner services, I have a vast knowledge of the challenges that our homeowners face in today's market as well as the construction industry, Professional Palm Beach County Affordable Housing Collaborative Memberships Habitat for Humanity Greater Palm Beach County has memberships with the following channbera: Delray Beach North Palm Beach Palm Beaches Belle Glade Central Palm Beach Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from Z3.24,16O,233(United States) at2O23O9-4411:4R:26onChrome 116,OJ],O Entry ID: 5S6 Form Hos � I 28 �� ~�� "��°� 631-680-0605 1 Lantana, Ft. 33426 Tara.ONer@Habitacgreatenpbcorg Innovative and collaborative Operations and Program Executive leader experienced in establishing, aligning, and improving operations across multiple business units. Collaborate with Board of Directors and Executive Leadership team to guide the regional operations of non-profit organization focused on community development and neighborhood revitalization through home ownership and homepreservation, 6ABITAT FOR.-r1ff1Ar;lTT I Tlest talin 6each, li Chief Operating Officer Nonprofit Hobitat affiliate that builds nndfinooces4pto25homes oyeorjorlow income /orni0eyand operates 5HabitotHeStopes serving residents in and around Palm Beach C6unty Redesigned the organization's entire mortgage and homeownership program, oversee all operations, construction and home repair, and lead a dispersed staff county -wide. Executive Leadership: • Advise and collaborate with the executive team (CEO,CFO, CDO)and department heads onall Operations matters, such aslocal housing programs, strateQicinitiabvesre|atedtoafordab|ehousing,educationandhome preservation. • Manage atotal expense budget mfapproximately $3K4annually for construction, home repair, and program costs including payroll. Operations: • Manage all operations functions, including department vision, labor relations, employee relations, talent acquisition, career development, succession p|annin8,retenhon,|eannmgand6eve|opment,emp|oyee engagement, performance management, compliance and compensation, • Improved cvoss+6epartmentcoUaboration during 3years ofremote work 6yimplementing project management and operations team collaboration assignments to advance the mission and impact. Program Strategy� • Improved home preservation strategy by initiating the comprehensive review and marketing plans to expand the reach ofsustainable housing and community development solutions. • Designed homeowner education program to achieve affordable housing solutions, reducing foreclosure risk and enhancing preventative maintained avoiding costly repairs. • Developed and implemented Mortgage process toadvance the racial equity for BiPO[individuals. • Execute and amplify sustainable housing and community development solutions that respond tothe needs and experiences of excluded and marginalized groups focusing on intergenerational wealth. • Enhanced storytelling with a Planner platform to maintain a farnily portfolio to reach more external relationships and support. EDUCATION & CERTIFICATION Bachelor ofArts I'The State University ofNew York Certified Loan Originator IState ofFlorida Master of Public Administration | Florida Atlantic University 29 Stanzioine,, Tammy From- ace < i~ or r-epal yt"�)123fornil)uiider-.com> Sent: TLIesday, March 14, 2023 2:44 PM To- City Gerk Subject: Advisory Board Appointment application Attachments: ATR-resurne-2023.pdf Today's date 03/14/2023 Name Ace Tilton Ra:tcliff phone number 561-376-3640 Address 142 SW 13th Avenue Boynton Beach FL 33435 United States Email ace@staywejrdbekjnd.corn Current occupation or, if retired, prior Self-employed artist and writer occupation Education BA in Pofifica0 Science from UCF Are you a registered Y voter? I Do you reside withiin the Boynton �Beach Y' city limits? Dio you own/mainage If "yes", name of Harper's PrOrni5e, CUirrently on hiatus business. Are you currently serving on a City Y bolaird? I Have you served on a City bard in the Yes past? If "yes", which, Yes, I am a vnernber of the Library Board as well as the Art Board, My terrn on the Art Board has bolaird(s,) and whn? come to an end but I am efigibIle to re -apply. Have you ever, been, �No P? If "yes", when and N/A where? 011 OEM= If appointed by the City Commission to 7f7 - willing to serve in thiis capacity?' ZGEMMSEEM Yes Personal i ani a working artist who makes my living as a rrietalworker', mixed -acedia artist, photographer, Qua:lificaitionis and author. I have grown UP in Boynton Beach and though 1: left for some time to live in California, I returned in 2019 because I wanted to be in my hornetown. I attended Dreyfoos High School of the Arts and graduated in 20,05. 1 have been an active arid excited'i rriernber of the Art Advisory Board and believe that serving, another two years to complete my tenure will be useful for my personal growth and for the Board. Professional City of Boynton Beach Library Advisory Board, Member Memberships IAAHPC Member Feel free to a,ttaich/upload a:in d=38,0b8a7l].04aie843,9le6c5el22526cObel ) extra, sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements, may be cause for removal from a board. The mesa, e has been serrt from 185,20,3.219,28 (,United States) at 20 I1 14 13*4135 on Chrome 1()9,0,0,0 Entry 0: 606 Referrer: httasjLwwA,.bc)ltitori-bcacti.o[U Form Host: 8-321A/�i �aa: hgaLdLilzig Llut n, men t - auml Lcat tic 31 m„�WI�� ''lll��llo sMVli �V^Nti V� ac N�UIVu�„ IU�Wr � N�µJ oM'V'ft� u�'V%�, w�n� (IV �Ndlo*'�Yd�. "�Nw a "�ll�lwo�^^ w., 1�4� w Gu„ ��'Id;«, E, Y&VO I Nil fF' 00WITY -0 a missaim, They[Thern Pronouns ryluillw1by"Iludly alrrssl ullube UUM qTaPPWb %14'1111 IFIC U1l5UV4eTj Ul bell MiTyff) Ille wellenuebi ulat knaMN-141' U411 chitchat, but damn good art, Will W i- ..INN milli Robinette Kowal and Alix Harrow, They have an AS in funera I siervices; six years experience as a funeral 5; Promise_a_v_PterinaQlpractice focused on in-home pet euthanasia and'! end -of -life care, Ace is a metalsmith who also works in fibers and watercolors. They're a Photographer who shoots digital and film. Ace is a sucker for the literal undierdog� they live with four dogs and three cats, alt abandoned' street animalsi. Ttm)��d-cwrwtraldzr V -MK#*& kv their scooter to the beach to read, El"'XPfloe. MENCE & SWUS CEO, Stay Weird, Be Kind Studios I December, 20,11 - Present Ace's work as a freelance writer has spanned topics from deathcare to disability and beyond. Ace is represented by their agent, Stacia Decker, at Dunow, Carlson & Lerner Literary Agency. Their first book, "The Little Book of Dog Care: Expert Advice on Giving Your Dog Their Best Life" is forthcoming in j Illy, 2023 from Simon & Schuster. Ace has bylines at places like Gizmodo, Popular Science, log, fluffington Post, Eater, and many more. Ace Eras made a name for themself writing about living life as a disabled person in an inaccessible world, but has also had fiction published in places like Fireside Fiction, Phobos Magazine, and Glittership, Ace's voice as a disability activist has been featured in ,rhe Economist, the Guardian, and Upworthy Videos, Ace has been a panelist at The Next Page Conference in partnership with Kickstarter, Worldcon `76, and the North American Scierice Fiction Convention 2,020, Ace has been featured on a number of podcasts, including Maximum Fun's Reading Glasses, WNYC's Note to pelf, and Andrew Gurza's Disability After Dark. As a sensitivity reader,, Ace focuses on topics related to disability, working with writers like Hugo Award winners Mary Robinette Kowal and Alix Harrow, plus publishing houses -such as Penguin Random House, Toy, and Rosen Publishing, Ace has been awarded the D, Franklin Defying Doomsday Award and nominated for a pushcart Prize M Ace possesses a dedicated group of almost of amazing Twitter followers and makes nearly 2.5, million Impressions there on a monthly basis. Ace and their followers focus on community -care, raising thousands of dollars for places like local abortion funds or Fiyah Magazine, in order to sponsor disabled BIPOC to attend FIYAHCON. fro- ottn er, Dhcare Advisor Harp is Promise, LLC I January, of - Present Harper's Promise is air in- home pet euthanasia, hospice and palliative care practice devoted ,tohelping, families throughout South Florida provide the best possible end of life experience. In 2017,,Ace co-founded the practice with their partner, Dr. Derek Calhoun (a veterinarian), after the death of their ctilhualtua, Harper — the best -worst dog ever. Ace applies years of funeral industry expertise to working in conjunction with Derek to enhance quality of life, for chronically ill pets while providing dignity, comfort, and!, control through the final stages of incurable illness for those that are terminally ill. Ace and f erek keep Harpers Promise by helping, provide pets a good death, which is air integral part of a good fife. Funeral Director, Embabner, & Crernatory Operator Paren t- Sorensen Mortuary & Crematory. I January, 2014 - August, 2015 Wilson & Kratzer Mortuaries I October, 2012 — January, 2014 Smith & Witter Funeral Home I January, 2012 — AUgUSt 1, 2012 Boynton Memoriol'Chopet I May, 2010 - August, 2010 Ace had direct responsibility for administrative and organizational management in addition to fast- paced event planning and production with extremely tight deadlines. She has superlative customer relation skills under demanding and stressful circumstances. She coordinated legal paperwork at a county, state, and national level, with a focus on calendar, budget and contract management, She flexibly worked between three office locations in addition to remote, after-hours telephone work. She provided necessary support to a tightly knit team when riot working independently. She conceptualized funerals for thousands of families from a mu ;titude of ethnic and cultural backgrounds after in-depth, personal phone and onsite interviews and conferences. She completed a rigorous and extremely demanding two-year embalming apprenticeship. Nominum,' Inc, Ace worked with the documentations team to streamline existing technical documentation and produce new documentation for end, -users - typically system administrators, Site standardized content across platforms, revised documents, and clarified instructions to make documentation easier to use. She is proficient in lira software for ticketing systems and Madcap Flare for docurnent creation. She is willing and able to learn any new software or programs required. un et Inc. Ace was a combination event -coordinator, customer service representative, and salesperson, providing innovative service by using over 14 -years of experience in situational analysis to create repeat -customer loyalty,. They were in charge of all advertising and social media campaigns, including all written communications released by the company. Ace implemented multiple lel gli-level, marketing -oriented processes and procedures, witIr a strong focus on social rnedi a maintenance across multilaic major platforms. ACII VOTHES &, 0RG)4,NLZI' TIONS City of Boynton each Art Advisory Board, Member City of Boynton Beach Library Advisory Board, Mernber IAAI I PC Member EN )UCATV'J American River College, Sacramento, (A - AS., Funeral Servi(eS 201-2 University of Central Florida, Orlando, FL, -- BA., Politicol ScienCe 201.0 34 Stanzione, Tammy From: City Clerk Sent: Friday, May 19, 2023 2:06 PM To: Stanzione, Tammy" De Jesus, Maylee Subject: FW: Advisory Board Appointment application Sent: Friday, May 19, 2023 12:53 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address .11 1-1 0 Education 05/19/2023 Breion Moses 561-571-7454 303 East Woolbright Rd 1.2.8 Boynton Beach FL 33435 Reserved bre ion rnosesfwgMAg.g CEO Master of Public Administration Are you a registered voter? Y Do you reside within the y Boynton Beach City limits? Do you own/manage a business within City limits? I Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board 35 If appointed bwthe City Commission tmserve amBoard Yes Chair orVice Chair are you willing to serve in this capacity? Personal Qualifications In my role, I fostered a collaborative and open work environment where diverse perspectives were valued and encouraged. I led by example and empowered rny team tmtake ownership and nnakedecisions based ontheir emperLise]hecompany achieved significant growth arid success through these efforts, including recognition esan industry leader for innovation arid customer satisfaction, Professional Memberships Los Angeles Music and Art School, Board Director Wadnne} Forum for Black Public Administrators GamrmuZeta Omega Chapter ofAlpha Kappa Alpha Sorority, Incorporated Bethune [PokmanUniversity Alumni Association Central State University Alumni Association Florida A&M University Alumni Association Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false staternents may be cause for removal from aboard. The messagehas been sent hom172,S8228.Z6(Reserved)at2U23-0G-191l:SZ:53ouChrome D2,O.8,O Entry |D�G3G FonnHosC Stanzione, Tammy From: City Clerk Sent: Monday, August 28, 2023 831 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application Sent: Saturday, August 26, 2023 8:23 PM To: City Clerk <CityClerk@bbfl.us> •............. Education Margaret Roberts 561-654-9314 1qjj[Lgggy Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? 4ave you served on a City I -No ioard in the past? J "yes", which board(s) and when? Have you ever been convicted No of a crime? if "yes", when and where? ZMMEZ= Art Advisory Board 37 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I'm very crafty and I love to bake. I've done a few craft shows displaying my creativity. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent front 66.229.221.4 (United States) at 2023 -O&M 19:22:44 on Chrome 11.1.0.5563.116 Entry ID: 649 Form Host: httpL.�/Jforrn 123ounbuilderx rn 583214 is . -- � ��f - I — � ---111— --- 19 / , .-- zs� d Jy.. L) ( _ 38 From: debar-ahbalta <noreply@123forr-nbuilder.com> Sent: Thursday, August 31, 2023 5:32 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: RESUME23.pdf Today's date 08/31/2023 Name Deborah Tarca Phone number 508-846-9173 Address 1086 SW 25th PI Boynton Beach Florida 33426 Reserved Email deborahbalta@yahoo.coni Current occupation or, if retired, prior Hairstylist occupation Education High school/Cosmetology School Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Art Advisory Board 39 If appointed by the City Commission ho serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal Artist Qualifications draw/sketch, paint and am a photographer. Hairstylist 33 years For 33years, | have cut, colored and foiled hair. Mynnadiomishair and it isnryjob tmnoake people (rny subjects) esthetically pleasing. The challenge is to rneet their expectation while vvmrkingwiththeQeonnetryottheirfadaifeatunesandheadshape.|t|mtru|y"|iveart''. Art Teacher-Mi|agmTeen Center Delray Beach Z018 I produced an Exhibit called "Tirne in Retrospect" at the Cornell Museum in Delray Beach, Professional Delray Beach Rotary Club 2O18 Memberships NAR (National Association mfRealtors) Feel free tm attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. |understand that, if appointed, any false statements may because for nenooVa|fronna board. The mesuagehas been sent from lO7J7.236.21(Resemed)st2O2308-3Il6:3l:33onWhmne16.B Entry ID: 651 2 Deborah L Tarca 1086 SW 25th Place wilig, ] U..' I am a business owner. Over the last 9 years I have owned and operated an auto detail company, a Hair Studio in South Florida, and currently, I am a Realtor in Boynton Beach. The opportunities that have been provided to me have attributed to my continued involvement with community. I have always viewed team work is an integral part of obtaining desired outcomes. It is in collaborating with peers that allows you to construct a conversation that builds and creates an environment where people work towards a common goal. Boynton Beach is a great community to live in and had immense and boundless opportunity. I am a lover of art and nature, and it is a perfect fit to call home. I look forward to hearing from you. Sincerely, Deborah L. Tarca 41 DEBORAH L. TARCA 1086 SW 25th Place Boynton Beach, Florida 33426 508.8469173 debbalta2000@icloud.com 0012=01= Implementation and focus on superior customer service, Utilizing cost effective marketing met�hods; and having an understanding of the marketplace and competition. Customer Service: Experience in a customer service driven environment. Working in a time efficient and take charge approach to following through when a task is presented, Researches anN resolves solutions in a team and fostering approach, in order to obtain and maintain the Utmost quality. I go-liffs [--jig &W-1 a LOP Log] go N` N NMKOI I IIIQ WWOM M 0041 RE IN k CA Realtor 2019 -Present Deborah Balta Concierge Hair Stylist/Colorist Business Owner/Hairstylist February 2016 -Present Delray Beach, FL Cut and colorist, providing excellent customer service from the beginning to the completion of the service. Listening is the most important tool to giving what your client wants. Baylayage, multi -dimensional foil, and corrective color specialist. Buying/Marketing/ Control/Bookkeeping/Client Outreach. DB Detailing Business Owner August 2014-2016 Boynton Beach, FL Quality auto detail services in South Florida, Customer service and customer relations are a priority in maintaining client relationships. Also using quality products for the best result. Marketing Bookkeepi ng/C I ient Outreach. 42 Boston Financial Data Services Financial Associate 2005-2014 Quincy, MA Overview: -Support the daily trade capture -Review and monitor daily cash and position reconciliations. -Monitor corporate actions, dividend and trade settlements daily. -Supported investment and risk teams by responding to queries on individual account transactions and positions and work with the risk team to provide accurate daily risk data across accounts. -Act as liaison between the portfolio manager, counter party and administrator to ensure seamless interaction. -Analyze and communicate any fluctuations or discrepancies. Institutional Fund Trade Desk: BofA, Artisan, State of Connecticut, SSGA, SSIT, BMO, Morgan Stanley, Fifth Third. Executed high dollar trades for multiple clients. Highly adept to expanding knowledge base while maintaining and exceeding industry standard quality (NQR). Institutional Fund Trade Desk/529's/ Swat Team/Support Team/Mutual Funds BofA,, Artisan, State of Connecticut, SSGA, SSIT, BMO, Morgan Stanley, Fifth Third, Gabelli, Alger Dodge and Cox, TIAA Cref 529's, Columbia, Credit Suisse, Warburg. Executed high dollar trades for multiple clients. Highly adept to expanding knowledge base while maintaining industry standard quality. Regionalized Correspondence Pioneer, Fidelity Destiny, Tiaa Cref, Dodge and Cox, Alger, Gabelli Support Team Adjusted financial and non financial items on multiple platforms. Levin and Levin Legal Assistant 2004-2005 Quincy, MA Document production, RFD's, Interrogatories, research, trial preparation. Phones and document production. Spero and Jorgenson Legal Assistant 2004 Cambridge, MA Document production, RFD's, Interrogatories, research, trial preparation. Phones and document production 43 Harvard Pilgrim Health Care Member Service Representative 1996-1999 Quincy, MA A "0 0 1111116"Now""1411 W - I I i MI - I I - - 0 0 I Fkr&mMj Lola I I sj�. 0 1 C-1 a wamr, I a IAN - . pJ4121IM(Owfispla !I 1: 1 ply ro "—I 111301 57mr«U71-emp Cosmetology Manchester, NH 1990-1991 44 Stanzione, Tammy From: suefr-o28 <noreply@123formbuilder.com> Sent: Saturday, September 02, 2023 3-108 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 09/02/2023 Name Susan Froehlich Address 104 SE 5TH AVE BOYNTON BEACH, FL 33435 United States '7mail suefro28@gn"_r_orn Current occupation or, if Vice President Creative Services retired, prior occupation Education University of Florida - Bachelor of Fine Arts - BFA Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Get Fresh With Suefro Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Art Advisory Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I'm Suefro, a Senior Independent Contract Creative Designer with a solid entrepreneurial background and extensive experience managing projects from strategy and concept to a Successful conclusion. I am resourceful, Self -Motivated, and organized, with effective supervisory and creative problem -solving skills—a proven ability to develop positive business relationships and work well independently or as 1, 45 part of ateam, Read more .IS simple portfolio h !.p Professional Memberships Feel free toattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 7].[L28.154(United States) at20Z3-0Bf]214:07:52unChrome 115.O�.8 Entry ID: 65S Stanzione. Tammy . ...... From: City Clerk Sent, W I ednesday, February 01, 2023 12:12 PM, To: De Jesurs, Maylee, Stanzione, Tarnmy Subject: FVV': Advisory Board Appointment application Attachments: Noelle.docx From. nmcir)tyre82 <noT°eply@123form' ilder,COfTl> Sent: Wednesday, February 1, 2023 11:15 AM To: City Clerk <CityClerk@bbfI,us> Subject: Advisory Board Appointment application Today's date 02/01/2023 Name, Noelle McIntyre Phone number 561-703-3759 Address 910 SW 27th Avenue Boynton Beach Florida 33435 United States Email, !I RIc Yr�u y Current occupation or, if retired, prior Self Employed occupation Education Some college Are you a registered Yes voter? Do you reside within the Boyntoin Beach Yes city limits? Do you own/manage a bulsiness, within CityNo Urnits? If "'yes"', name of business: Are you cu!rrently serving on a City No boaird? Have youser ved on a ,City board in the No past? If "Yes", which board(s) and wheni? I 47 Have you ever been No wiff"U "I I if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board if aippointed by t�he City Commission to serve as Board Chair Y or Vice Chair are you willing to serve in this capacity? Personal, see attachment Qualifications Professional Memberships Feel free to attach/upload an h t tpsA, _5259a1152 form,12 3formbuilder,coML extra sheet or — resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, 1, understand that, if appointed, any false statements, may be cause for reniioval from a board, The message has been, sent from 73,57,19.1.90 (United States,) at 2023-02-011,114:42 on Chrome 109.0 0,0 Entry IID: 587 Referrer: ht p -,/L 'a t -019LI: IUItLRMI nt lication Form HoW L I 48 AMMAR wo V 49 Stanzione, Tammy From. Oty Clerk Sent: 1 uesday, March 14, 2023 5:53 PM To- De Jem.rs, Maylee; Stan zione, Tanirvy Subject: FW: Advisory Board Appointryient application From: drnrcobb <i,ioreply@,123fori"nbuiilder.coTi> Sent: Tuesday, March 14, 2023 5:52 PIM To: City Clerk <CityCIerk@bbfI,us> Subject: Advisory Board Appointment appilication, =iw Name Phorn e number Address MM Education 013/14/2023 Naoirni Cobb 95�4-6916�-18,33 10,07 SE 3rd Street Boynton Beach FL ' 435 United States drnrcoLtLa)_&qj�Li�x..om W232M= MOE Do you res�ide within the Y Boynton Beaich City liISI mits? Do you own/manage a busiiness within City limits? T1 29031�� Are you currently serving on a Yes City board? Have you ser,ved on a City Yes board In thfast`? If "yes", which board(s) and CRA when? Haveyou ev been convicted Yes, of a crime? If "Yes", when, and where? Georgia 1982 Advisory Board Community Redevellopment Agency Advisory Board 50 aM w� M M Personal Qualifications Currently serve as Chair if CRA Advisory Board FOrfflelt° Pub�lic Administrator Currently employed as a Risk Manager for a non profit acrd have over 40 years as a public employee Professional IMemberships SHRM Feel free to, attach/upload an extra shieetear resume. Certification 1, the applicant, hereby certify that the state rne rits and answers provided hereirl are true and accurate. I understand that, if appointed, awry false statements may be cause for reirnoval from a board. The rnessage has been sent from 66. .0,10 (United States) at 2023-03,14 16:5MI on Chronie 11 .01,0, ErM'y ID,: 608 Referrer. h s, W,Ab�dnton-bg�ad .1tp,J1 n 'i � ci r Forn'i ldost: ry-hoaLd �L J Liqjent al )n L)8.32 4La.Jyjs 0 _2_ L �pi) L �aUL_ 51 From: lesharOUndtireell <nor y.&Jt22, f o tjr CO , n > �aL)ujlder,, I Sent: Wednesday, March 291, 2023 2:47 PM To: City Clerk <01y Lejj,@—bkj-ft�Lj–s> Subject: Advisory Board Appointment application Today's date 03/29/2023 Name Lesiva Rouncitree phone number Address 805 N.E 2nd Ct, Boynton Beach FL 334,35 Netherlands Email m,�T-t Current occupation or, if retired, prior occupation Education Master Degree Are you a registered Yes voter? Do, you reside within the Boynton Beach, City yes limits? Do you own/manage a business within City limits? if "yes", name of buisines,s- LCAE AR nterprises Are you currently serving Yes on a, City board? Have you served on a Yes City board in the past? i If "yes", which boair�dl(s) Parks and Recreation and when? Education Advisory CornmUnity Relations Library Advisory Have you ever been N10 convicted of a crime. If "yes", when and where? Advisory Board please select... If appointed by the City Commission, to serve as Yes Board Chair or Vice Chair I 52 are, you willing to serve in this capacity? Personal Qualifications Professional Mie�mb�erships Feel free to attach/uPloadi an extra sheet or resume. Certification 1, the aipplicant, hereby certify that the statements and, answers provided herein are true and accurate, I understand that, if appointed, any false staternents may be cause for removal frorn aboard. The message has been senit frot'n 127.0,01 (Netherlands) at 2023-03-291 BA7:29 on Chrorne 110.0, .0 Entry IID612 Referrer: h ' ti ' IITI I Form HosV h t i� ff A iio( p2din e t" L�L)!Lcatjon 53 Stanizione, Tamp] Y Fronn: Lesha ROUncitree <esliarouridt�i,e,ell@gTnaill.coi-n> Sent- I"u,esday, April 04, 2023 11: O AM To: Stanz�ione, Tammy Subject: Re: FVV: Advisory Board Appointment appfication Hello - I apWWd Rw two boardL I air very interested in the CRA Advisory Board. On Tue, Apr 4, 2023 at 8.21 AM Stanzione, Tarniny <StanziorIeIR[LbfUs> wrote: Thank YOU, M have reodved your AdviWory Board Appohm,nent alipfication. Y'OLU appIkation mill Cre subalned to tk CRy CornmKon for consideratIon of appointment at the April :18, 2023 Cornrnission iirieeitng, e� 7 '[a'urmry Sr'anzror�e' Cr"'IC Deputy Cly CO'k, CRY Uerk's' Olk("' hAaHing Address: HI Box 310 � B,,.ov,nton BeaO,, Fk'-aida 33425 P[rvskal Address; 100 E. Ocean Ave. I Boynton Reach Fladda 33435 k. SE',0742 6062 fia StanQneT(qi,Db[iR us I PInse be advNed tho HOW has as bmad puNic recork, R,,i,�vvcmd all wqxWexe to rrr(-Ai aenrfll rnay he SUbjr,,,,(I U), Nor% records law, emaH addresws me puWk awords. Thoekm, your e maH corrununkWon and your einaH addrox may be suboct to pubUc dhNsum, From- City, Clerk <gity�g1kL@ bbtl, up Sent: Wednesday, March 2% 2123 392 PM To: Stan zione, Tarnmy De Jesus, Mayl:ee <Debf I-Le-sL)L ..-I. —us > Subject: FW: Ad,visolry Board Appointment application 54 Starizione, TarnintX From: City Clerk Sent: Thursday, April 13, 2023 8:46 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: glouis129 <noreply@123formbuilder.com> Sent: Thursday, April 13, 2023 8:29 AM To: City Clerk <CityClerk@bbfl.uis> Subje,ct: Advisory Board Appointment applicatNoni Name Phone number Address EM n 04/13/20,23 GO,LENE GORDON 230 LAKE MONTEREY CIR BOYNTON BEACH Fl. 33426 United States &Lo3Js129@gmafl..gom Real estate agent, financial specialist and life insurance broker Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Dooui own/manaU a business it's w 'thin City li'miits? 1 1 1 1 If "Yes"', name of business: GORDON SOLUTION LLC Are you currently serving oni a Yes City board? Have you served on a City Yes be in the Past? if "Yes", whiich board(s) andl CURRENTILT SERVING AS A MEMBER OF CRAAB, FORMER ART COMMISSION BOARD when? AND FORMER F&D BOARD Have you ever been convicted No of a crime? if "Yes"', when and where? Advisory BoardCommunity Redevelopment Agency Advisory Board 55 if appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? personal Qualifications MY MANY YEARS OF SERWNG THE COMMUNITY Professional Memberships MATERS OF lSMESS ADMIMSTRATION' Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any faise staternents may be cause for removal from a board. The rnessage has been sent frorn 69.18,0,113, 28 (Ulniited States at 20,23 04-13, 07:29-1019 on Chrome 111ff0,0 Entry ID: 617 ReferrerhtjpL-,jj bgLy_n_LQq-bp_4�,th'ggz -- _NyA�y _ Fc Host� htt :� fon,n.123foirrnbLdIder,ccon 32L4Za0visq oard-!prLqi 9t_ment-appflcation 56 From: City Clerk Sent: Monday, April 17,2023&03 AM T+o: Stanzione, Tarnmy; De Jesus, Maylee Subject, FW: Advisory Board Appointrnent application Attachments: Mairk-,Jackowiaik.-Re$Llltne-04112023.pdf From-, rnjackowiak <noreply@123forTTibLilderconi> Sent: Friday, April 14, 2023 4:55 PM To: City Clerk <Cit,yClerk@bbfl.us> Subject: Advisory Board Appointnient application 04/14/2023 561-374-.0031 Address 3156 N Greenleaf Circle Boynton Beach FL 33426 United States Email�7gj�V_�P!)jt QW.�,L� (X�) - wYLaj-C�h . COM _C Current occupation or, If retired, prior CEO and Founder occupation Education Depaul University - Bachelor Degree of Arts in Business Management and Entrepreneurship, Are you a registered Yes voter? Do you reside within the Boynton Beach Yes i City, ilmlits? Do you own/manage a business within City Yes limits? If "Yes,", name of Ze,lta Home match business: Are you currently serving on a City No board? 0 57 If "Yes", which Cornsurner Protection Commission -teak Forest, IL 2004 board(s) and when? Have you ever been No convicted of a crinne? if "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board lf,appointled by the C-Ity Commission to serve as Board Chair Yes or Vice, Chair are you willing to sierve in this, capacity? Personal My career in sales has given the ability to effectively comrnUni4cate and build strong Qualifications relationships. I served on the Consurners Protection Commi:sion, whichm I acted as a liaison between the community and businesses in the community, I currently olwin a home watch business in Boynton Beach and watch homes in Palm Beach County. I am serving as an Ambassador (Business Mentor) for the Dell,ray Beach Charnber of Commerce, 11, am bonded, Insured) and background checked with the National Horne Watch Association. I an') licensed a FlISAA Football and Baseball official. I have overall rating of 4.8. Professional National Horne Watch Association Memberships Delray Beach Chamber of Commerce - Arnbassador Committee Florida High School Athletic Association Feel free, to attach/upload anp �htt sILfoi,rn,123formbLJilder,.corTr 51L� extra, sheet or resuime. Certification 1, the applicant, hereby certify that the statements ands answers provided herein are true and accurate. I understand that, ifr appoh'ited, any false statements may be cause for renioval from a board. ThE! messwee has been: sent from 68.91.221,102 (United States) at 2023-04 14 15:55:21 on Chrorne 1.12,0.0.0 Entry ID: 619 Referrer tttiA.5!Lmv—wtoo yrLtgLl-b—LiLr!'i-o—rgZ Form Host: h 11,5� forni 1l �u LHder san-I L.51N t4 ns f k 1lrc fpjqULjjL-. e .p.pjjqatjon 58 MARK AAACKOWIAK Boynton Beach, I'L, 1 561.374,0031 CAREER SUMMARY Accotripi i shed bUShICSS entrepreneur and sales professional experienced irr niaxiinizing, business -to -business sale%within highly competitive markets. Expert closer committed to a soWflon-biised sales apl'.)roach and as Cu stomer-cent ered focus. J',",'xceptimial aabdity to build and im,'dntahi relatiorisilips with key decision makers. I"roven track record ol"exceeding indlion-doHar annual sales qw)tas. U'Atraordinary conitnunication and organizational skills. 0 Ncxv BUSiness Development Territory NIanagerilent Cl -Level Sales Relationships 11 KI'll LIGHTS Prospecting an(] Cold Calling COIISUltatiVe & S(flUtion Sales New Account Acquisition • Client Relationship Management • Key Account Management • Ucadershnp & Team Building PR(I WESSIONAL EXPERIENCE ZELTA HOME, WTCH — Boynton Beach, Fl, Dec 2022 to Current CE0 and 14'oander— Conduct vissual inspection, of a horne or property, looking for obvious issues. Ideatify water, inold and pest problems, or with various outside contractors to repair or service tile properties. Word ofmouth referrals and niat-ket affluent communities to secure an(] protect their hornes. Member ofthe National Home Watch Association -- insured, bonded and critri ina I background check I Nleniber ofthe Delray Beach Chamber of Commerce -- Accepted as an Arnbassador. Affiliation atid strong reiationship with All Trades Consiruction Company for Pr(Ject Management Top 10�% Home Watch Businesses in Paint Beach County, FL MONEY MAILER OF GREATER ORLAND — Frankfort, 11, Apr 2017 to Apr 202'2' f'runchise Responsible for day-to-day operations, monthly` profn and loss reporting, help businessesand nianagenieni create strategic plans to, niarket their prodUcis and services through direct rnail, rnobile and digital niarketing, • I nereased profit margins over 63% year over year • C lensed over 2,,469 spots ofadvertising in 20 19 • ANvartled Special Achievenient Award for increasing 1,573 spots� • Received the Dianumid ( I lub Member for being recognized of Outstanding Actdevenient of 501,4 montfis MAIIJACK EN'T"ERPRISE S, LLC — Oak Forest, IL Mar 2005 to Dec 2'018 ,Real Eslate Investor/Properq, Almutger — 1""UrChased real estate propertiesand land in ( 4eorgia, f1orida, Illinois, and 'rennesm,e, Managed and, operated rental properties in Illinois, Responsible I"or tic; day-to-day, activities in, the upkeepand inairocriance schedules with all vendors and contractors. * Negotiated reduced rates with triaintenance coinpanies, saving 10',N� annually * Screened applicants, coridticted background checks, dralled lease documents and collected rent checks 0, Coordiruitcd d, tender for tie", maintenance suppliers, successfully, saving the bUSiness 75% of the budget 59 NIAWA.JA(1X0W1AK l"ACK41.1 — Oak Forest, IL Jan 2016 to Jul 2017 Rqriotud,'Yales Director- S,old autornared solutions to retail and long -terns care pharmacies fiv slailup verAure. Cover seven states, in Midwest Region, Develop strategic relationships vvilli pharinaccutical whoesalers, automation providers and software vendors to build pipeline. * Ck)scd firms' first pliarniacy deal in Indiana, converting client llroni rnanual process 1.0 OL11'automated solutiom: client realized cost savings of$30,000 * Generated 191 leads and 10 new opportUllitieS, in I'lorida,'I"exas and Illinois * (,`,onsult with pliarmacies aboUl tfic R01 ofliatient-specific compliance packaging CINTAS (Fornierly Zee Medioil) — Chicago South, It., Jan 2015 to Dee 2016 Sqjtv andT'irs1Ait,1,Sa1es Consultant— Rcspovisible for the sale of in': aid supplies, training prog)ams, ernergency first - responder products andi personal protection equiptitent. Developed solution -based sales relationships by identifying potential probleirt areas in workplace safety. • Altained (.wer 130% ofquota in first quarter of 2015 • Ranked in the top 5% ofsales organization based on year-to-date sales revenue • Added 25 new accounts in municipal, industrial, retail and transportation segments AVIS BUD(YET CAR RE'NTAI-, GR(')tJP— Western Suburbs, [L MaY 2012 to Dee 2014 liulef)endentAgenc,j) Operalor—Maintafited as bminess plan airvied at developing rent -a -u ar business in local area. 1)eveloped and used internal relationships to ensure NO was niaJ wai tied and available. Responsibifitics included: budgethig, payroll, and ernployee numagenient. Hired, tvihvd, arrrcl motivated as tcan'r ()Henlal Associates, # l locatiori in counter sales revenue at 121% in January 2014 for Western Region Managed (lay to day operations of as $500,000 location, 10% revenue growth over, YTD 2013 Attained 1(.t10% ofmonthly counter sales incentive prograin for 200 WOLTERS KLIJWER FINANCIAL SERVICES, — Headquar(cred in St. Cloud, NIN Jan 2011 to Mez 2012 Y Account Executive - Sold compliance, audit and risk nianagernenj S0j'tjVrarc solutions to C01nfl1Uni1Y banks niortgage lenders and insurance organizations, Collaborated with sales, retention speciaNsts and support partners to nicetchanging custonier needs. Attained l 00IN of'S] .4 nidli011 arlt'IMII SUbscriplion inventory quota i`xceedcd annual softwatre quota by 150011 C0111dUCted groul:)software demo, closed three out offive altendees, produced $60,000 in new sales DEPAUL UNIVERSITY - Chicago, Illinois Bachelor of its in Business Managerrient EDUCATION ASSOCIATIONS NATIONAL 1:10ME WA'1`01 ASSOCIATION - NUWA I)ELRAY BENCH (TIAMBER OF COMMERCE --AC" 'BASSA ORS COMMITTEE Stanzione, Tammy 0, -Now WM- From'. City Clerk Sent-. Tuesday, April 18, 2023 10:19 AM To: Stanzione, 1"arnrny Subject: FW Advisory Board Appointment application Attachments,. CGadsonResurne-,2022.pdf From: CM&adson4 �-,noireply@1forryibui,G(ler,coni��, Sent: TLIesday, April 18, 2023 10 10 AM To- City Clerk <City Clerk@bbfI.us> Subject. Advisory Board Appointment application Today's date O /18/2023 Name Chevette, Gadson Phone number 561-702-9973 Address 1480 NO. 3rd Street BOYNTON BEACH FL 33435-2622 Netherlands Email Current occupation or, if retired, prior Manager, out of School Programs occupation Education master of Science, Counseling Psychology Are you a regilst�ered y voter? I Do you reside within the Boynton Beach Y City firnits? Doyou own/manage Are you current�ly servi ng on a City Y1 boa,rd? Have you served on a City boarUII d in the it III past? I if "'Yes", which Education and Youth Advisory, Board - currently serving now boaird(s) and wheO IIS If "yes", when and where? Advisory Board Community Redevelopment Agency, Advisory Board J appointed by the City Commission to ;erve as Board Chair No or Vice Chair are ISI �II you willing to serve in this "ty? capad Personal I have beeni long-standing resident of Boynton Beach for 40+ years. Qualifications I have a B,A, degree in Finance. I have been a member of the Education and Youth, Advisory Board since Septernber 2019. 1 served as chapter president for the South Palm Beach, County Alurninae Chapter of Delta Sigma Theta, Sorority, Inc, for four years which included overseeing community prograrns and projects. I arri currently a Manager in the Departaient of Extended Learning with the RaIrri Beach County School District where, I oversee and support 40+ middle school afterschool pro rams with over a $2,00 ,01010 budget, I arum passionate and eager to serve the Boynton Beach community, professional Palm Beach School Counseling Association Memberships, Delta Sigma Theta Sorority, Inc. (Life rnernber) University of South Florida Alumni Association (Life mernber) Feel free to attach/upload aner (01�1&.L)L(Lad Ild 11 -,yc gt�j: 4!,, Od, I c extra sheet or 144d34 �ttps,Lfo n112YSLr�nLld, bu j_ resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and aCCUrate. I understand that, if appointed, any false statements may be cause for removal from a board. The rnessage has been sent frorn 127.01.0.1 (Neffiedands) at 2023-04-18 09:10;26 on Chrome 110.0.0,0 Entry ID: 622 Referrer: Form Host: I_1t-1j?2-:/In,..I1-foar nbuld'Ider,corn/5,3LA/9�y�gly g4 d.. ointen -Pp!Ilc.a.. .....o n DN Stan"Mone, Tamill From: City Gei,k Sent: Wednesday, April! 19, 2023 433 PM To: Stainzione, Tarnniy„ De Jesus, Mayleel Subject. FW: Advisory Board Appointnrient application Attachiments: Ali Lol-,)resto . Resunie-2021(focx From-, aml9889 <tiiorepty@)1123for-ryibtjilder.com> Sent: Wednesday, April 19, 2023 4:29 PM To: City Clerk < ityCle r k @ bbfl. us> Subject, Advisory Bolard Appolintinent application Today's date04/19/2023, Name Alexandria I_ rests Phiolne number 561-704-1718 Address 578 SW 25th Ave Boyntoln, Beach Florida 33435 United States Email aW9889 uain(iSICL) Tio Current occupation or, if retired, prior Medical Sales Representative occupation Education Florida International University Are you a registered Yes voter'? Do you reside within the Boynilton Beach Ye, s city limits? Do you own/manage ail business within City No limiits? Are you currently serving on a City No board? Haveyou served on a No City board in the paist7 i If.1yes", which, b0ard(s), and whein? IN ffl�� if "yes", when and where? Advisory Board Cornrnunity Redeveloprrient Agency Advisory Board If appointed by the City Commiis'sion to serve as Board Chair Yes or Vice Chair are you willing to serve! in this capaicity? Personal I am a resident of Boynton Beach arid currently live in, Chapel Hilli. I am very interested in getting Qualifications involved in the city, l am extremely professional, passionate about this city and would love to be involved with this committee because 11 am fascinated by how it has changed over, the years. l ani, born and raised in Boynton Beach and probably will never leave this gorgeous area except for vacation. I also volunteer with the George Snow Scholarship Fund in Boca Raton in my spare time to review college applicants for scholarships, Il am always looking to give back to my cominnunity and think my knowledge of the area and being a young person, in business will make me an, asset to this board. Feel free to attach upload' an LiqpL.JLLogTi L2 d�,)h�)?.fi�c-id=3c7cc3,6,4c5260846e3d6cclb82c8302Wit; qforr,ribuilder,com extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herelln, are true and accurate, I understand that, if appointed, any false staternents r -nay be cause for removal from a board. The message has been sent from 75-301,2,29-2018 (United States) at 2023-04,1915:29:03 on Safari 14,0 Entry ID3 Referrer Form Heist h psj L-� -1 L�r—t42�sp i�,!_CLIAAqy—sojY--bo—ard _qj!InL,wLLrif2u DE Alexandria M. Lopresto Cell phone: 561-704-1718 578 SW 25'�'Ave Boynton Beach, FL 33435 AML -2 2UN !3AII(Q),Q —W t D Education Florida International University, Miami, F1 Bachelor of Science in Hospitality M,anagertient, Minor inGlobial C"onmtini cati oils Graduated May 2013 GPA� 3.0 Work Exoerience Azurity Pharmaceuticals (Pre'viously-Arbor Pharn'raccuticals)- South 11orida March 2021) -Present Hospital Sales Repares enlativc • Sales and Marketing for five brandcd pharmaccutical products, (Giliadel, 'Trip(odur, Nyinalize, Firvanq, l`]cqsuvy) • Call points include Neurosurgeons, Neuro -oncologists, Hospitals, R U, OR, Pediatric F-ndocrinologists, Nursing Staff, f1hannacy Buyersand Clinical Nurse Educators. • Fostered relationships and perfurmed 111 -Services with Pharmacy Buyers, Neuro -K.' I U Nursing staff', Operating RoStaff a om Stand odier call points within (lie hospital s),Meni. • Leveraged relationships wi Ih key physicians and phartnacy personnel to get product, reviewed b�y P&TConimittee so that it call he added io the fficifity formulary list. • Tenriiory- South Florida- Ew Coast Vero Beach to the Keys and West Coast fi-on't Bradenton soulli to Naples I Fired at the beginuing of, the COV[D- 19 Pandemic navigated virtual selling envirolinlent utiliziiig NIS Teanis, Outlook and (wer the plione conversations to generale and exceed sales goals. Institutions I %,ork ch)sely vvith- Boca Regional, Delray Medical Center, JFK Medical Center, Sarasota Meirwrial, Giulf C'oast Medical Center, Cape Coral, St. Mary's, Broward General, Memorial Regional—Tackson J-leahh ;way stenn, University of'Miami Neuroscience Institute, Grew total territory allnual sales 15rc)m $1 .5 million in March 2020 to over $5,8 millioll prusent 2022. President's Oub 2020- Winner ranked 21"1 fil the nation President's C'ircle of Excellence 2021- Winner ranked I "°' in the nation Arbor SSaar Award 2020 Top 'Friptodur Sales A ward 2020 & 2021 fflo'�Delivery Sciences- West Pahn Beach, t'lorida March 2019- March 2022O Ten-itory Manager • Sales and Marketing for two branded pharmacculicall products (Belbuca & Symproic) • Ca 11 points in Pain Managenient, Internal Medicine and Neurology. • Created strong reationships with Pain imanagernell Practices in illy territory to grow the baseline ofBelbuca fifins. 4P FIducated lillysicialis and stal"fon clinical benefits ol,' bloth Nanded products as well as assisted with managed care pull through and, prior authorizations. • My first full quarter with BDSl 14 2 2019) 1 exceeded voh.ime fol-TRx in, any previous quarter in the Itistory of the lerhtory. • Managed a territory wilb the geography of Boca Raton to Vero Beach, m. Pernix 'rherapeutics —West I'ahn Beach, F lorida Ociober 2014. -February 2019 Phartitaccutical S,pecialty Sales Representative • Sales and Marketing of four Branded PhannaceUtical Drugs (Zohydro F'R, Silenor, "Freximet, lc hedez1a) to Physicians in, tile following specially fields: Internal Medicine, Psychiatry, Primary ("are & Neurologists, • Analyzed call and sales, reports to establish morc of and effective strategy • Persuasive conimunication and interpersonal skills, adept with developing strong and successful relationships'with clients • Able to communicate sciernific data clearly and concisely to all audiences, including MAs, nurses, nurse practitioners and physicians • I leld as l0-+- call per day schedule with pharmacy visits • Fxceeded quarterly sales goals air(] demonstrated product growth widrin my terriiory • Four quarters, in as row exceeded goal of I OW,() to plan on all three products • Since joining Pernix have Ireld 30"' in the company or better on national sales rankings based off as sales force of2()O reps • FN" 20117- Ranked Q2 out 78 reps, in the company FY 2016- Ranked 06 out ol'34 reps in the company FY 2015- Rariked 0-29 out 200 reps in the coinpany C orlsistently grew sales through acccaunt management for four products in the speciahics of Internal Medicine, Pain Management, Primary ('are & Neurology, • Managed as lcn,ilory 1'rom North Fort Lauderdale to "I"itusville, F loricla. • Nicniber ofthe Pernix Advisory COUITCH, a board coarprised cif 12 employees selected 1wy the CFO [c) represent dift'ererit areas ol'the company at quarterly meetings. Pronova 'orporation Bro\vard & Pahn Beach County, Florida July 201 y-Ocu) tier 2014 Manag'er. Sales and N4arkefing offour Branded Phannaceutical Drugs (Ilemax, Obtrex, (..)btrex DYIA, Digex NF) to Physicians in the l'ollowing Specialty fields! OB/GYN, I-lenIatology/Oncology, (Jastroenrcrology & Nephrology Almlyzed call and sales reports to establisb MOTV CfliCielll and efl&five strategy Persuasive conri,nunicafion and interpersonal skills, adept with developing stroilg and smccessful relationships %vith clients Able to comatturicate scietliffic dala clearly and concisely to all audiences, including MAs, 11LU-SeS, nurse practitionerx and physicians FY 2013 -Ranked 02 out of'25 Reps in the c�,mmpany FY 2014 -Ranked #2 out of'25 Reps in the company Held a 10', call per day schedule with pliarmacy visits Exceeded quanerly and yearly sales goalsand denionstraled product growth wilhin my terntory grew sales in four Products in the specialties oT(I')B/GYN, FlematologyX)ncology, ("jasiroenterology, and Nephrology Held and mainwined the second largest territory within Pronova t...'orporalilon Community Se,rvice & L,ars idershjp Roles Pr eOdenl Delray Beach'Youth Council, 2006-20108 ,aoccer Btah'llyl Captait), Boca Raton Top Soccer Association, 2006- Present Teain Captain, Atlantic ("ollim tinnily I'ligh School "lomen's Goll"Temn, 2004-2008 DV From: City Clerk Sent: Monday, April 24, 20,23 -7:44 AM To: Stanzione, Tarnmy Subject: FW Advis,ory Board AppoirmMent application From. hirurzun <noreply @123forr-nbluider.com> Sent: Saturday, April 22, 2023 3,:58 PM To: City Nark <CityClerk@bbflAJS> Subject: Advisory, Board, Appointment application Today's date 04/22/2023 Name Heather Posta Phone number 561-6,35-0114 Address 2555 SW 14 th Stree Boynton Beach Florida Florida 42 Reserved Email Liirurzun@ Current occupation or,, if Delray Beach Ocean ReSCLJe Lieutenant retired, prior occupation Education Hi school diplorna Are you a registered voteir? Yes Do you reside within the Yes Boynton Beach City 11mits? within City limits? if 11yes", na,mie of business - Are you currently serving on a No City boarid? Haive you serived on a City No board in the paist? IL;��sWclti board(s) and when? Have you ever been convicted No of a crime? if "Yes", when, and where? Advisory Board Community Redevelopment Agency Advisory Board 67 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As an Ocean Rescue Lieutenant for City of Delray Beach over the past 28 years, I have had a great deal of experience in representing the Ocean Rescue/ Fire Rescue Division in many different facets. I have received several different proclamations from our cities mayor on behalf of our Lifeguard Competition Tearn, spoken on behalf of several employees receiving their service awards in front of all of our department heads, and presented at several of our local schools for our Ocean Awareness Program. I have participated in ongoing, community Outreach by teaching CPR classes to Our city employees , as well as being the lead instructor of our Junior Lifeguard Prograrn, Professional Memberships I have been a nnernber in good standing of the United States life-saving Association as well as The international Association of firefighters, for the past 28 years. . W i 11 li z-xt�ra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for reirnoval from a board. The message has, been sent frorn 174,228.1,64,52 (Reserved) at 2023-04-22 '14,,58:16 on lPhone 15.6 Entry M 625 F-opplication orm Host: h s: J11- Y-!?,�NL4- U ;uncal -e L Stanzione, Tammy From: To: Subject: Attachments: De Jesus, MaWee Tuesday, August 25\2O23 3:36 PM Stanzione\Tannmy FW: Advisory Board Appointment application Eric 'Aridet-soii...resLit-ne-May-2023,docx May|ee DeJesuS,K8PA,�\W( cdy( I|erk City [|ark'sOfflce K4ai||ng Address: P.0, Box 310 | Bmynton Beach, Morida 33425 Physica|Address,IOOE, (ReanAve. | Boynton Beach, F|orida 3,31135 1 561-742-6061 DdWNWAD THE Z=Iw a In Wi 9i IlI3 Now MYW*Vt"N AM P|ease be advisedthet F|oride has broad pubUc reoord3 |avvand aU correspondence Io me uia emai| may be subject to d|sc|osureUnderF|shdarecords|aw4emai|addresses are [uNicrecords Therefore,youre-nnai|communice1|onand ymure-mai|addressmay besubjecttopub|icdisc|osure, From: City Clerk <[ity[lerk@btfl.uS> Sent: Thursday, May 18, 2023 10:55 AM To:Stanz|ome, Ternrny<StonaimneT@bbfl.us>; De Jesus, May|ee <DeJesusK8@bbU.us> Subject: FW: Advisory Board Appointment application From: info Sen Thursday, May 18, 2023I0:49AM To: City Clerk � Subject: Advisory Board Appointment application Today's date 023 Name Eric Anderson Phone number 56I-374-2750 Address 51DE.Ocean Ave, APT 37O Boynton Beach FL33435 United States 69 Current occupation or, if retired, prior Business Owner occupation Are you registered,es Dpyou reside within the Boynton Beach Yes City limits? Do you abusiness within ChyYea D"v�s" name "yes", The Butcher & The Bar Are you currently serving nnaCity No Have you served on a City board in the Ut If "yes", which board(s) and when? I "yes",when and where? Advisory Board Community Redevelopment Agency Advisory Board If appointedbythe City Commission to serve as Board Chair Yes orVice Chair are you willing to serve in this capacity? Personal Though trained as a clinician, my career has been very focused on business rnanagernent and Qualifications marketing. | have worked for a large non-profit, a large for-profit corporation, and have owned my own businesses. The diversity of my career experience provides me with a uniqUe perspective qnmany things inbusiness. As a business owner in Downtown Boynton, 1, along with my partner, have been pushing for changes in and promotion of Downtown Boynton as a destination. Believing in the future of Downtown, we were one of the first new businesses to open in downtown, occupying space in the 58OOcean building. VVewere also CRA Grant recipients and have understanding mfthe value and importance *fthe CRA. 2 70 Feel free to attach/upload an htllLs_,,/ZigILq,.,IZ3fc)rirnb�j�qder,.(Ioun !111pp (Ij jj_�L , --�§iL�,42(�:Of79bOl62d5OebOeo7o,�3b4'7(J4e6 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.0.29.115 (United States) at 2023-05-18 09.-49:13 on Chrorne 113.0.0.0 Entry ID: 635 Referrer It pF, tjg Form Host: ild rx L7ij 71 Stanzione, Tammy From: To: Subject: Attachments: De Jesus, MaWe Tuesday, August 29,2O23]:38PM Stauzione,Tammy FVV-AdvisoryBo@ndAppDintmentapp|ication Lisa- Nicole-Roberts-June-2023.pdf Mey�ee[eJesus, �MPA, Mi[ OtyOkerk [ky Clerk's Offlce %XaU|ngAddress" P,Q.Box 3IO | Boynton Beach, F|ohda Physica|Address: 20]E,OceanAve. | Boynton @each,F|orida 33435 � 561-742-6O51 9|eGse be advised that F|orida has broad pub|ic no[ords |avxand aUcorneSpUndenoeto mevia cmai| may besubiec1to disdosure,UnderF|oridarecords|aw, emai|addresses are pub|icreuords.Thereiore,youre-mai|communicsflonand youre-maUaddressmaybesubjecttopub|icdisdosure, From: City Clerk^CityClerk@hbU.mS> Sent: Wednesday, June 2I,20233:I5PM To: Staozione,Tammy <StamzioneT@bbfLus>;DeJesus, &4ay|ee<DeJesmsK4@bbO.us> Subject: FVV�Advisory Board Appointment application Sent: Wednesday, June 21, 2023 3:12 PM To: City Clerk LIS> Subject: Advisory Board Appointment application Today's date 06/21/2023 Name Lisa -Nicole Roberts Address 653 Castilla Ln Boynton Beach FL33436 United States 72 114170M 6sa h ai s rnail.corn Current occupation or, if retired, prior Finance Consultant occupation MM7-W-T Are you a registered voter? rl the Boynton Beach City limits? ff-M Do you own/manage a business within City No limits? if "yes", name of business. Are you currently serving on a City No board? Have you served on a No City board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I arn passionate about the Boynton Beach CRA, I heavily considered opening a business and Qualifications applying for a grant, While I did not end up doing it, I am familiar with the program and am very excited about the future growth of Boynton Beach. My business background rnakes me a strong fit to help make decisions around budgeting, *perations, and marketing. Professional Memberships Feel free to attach/upload an htt s,/ 123formbUilder,cwail / I p _OIL _tlll?fole�d=eaaaea9d8'79e9Eicfa4392(�lbc6dc6622 extra sheet or resume. 73 Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. | understand that, if appointed, any false statements may because for removal from a board. The message has been sent from 73.17972.87(United States) at2O23�6-21l4:11:46on[hrome114.O0I) Entry ID: 642 Referrer Form Host: 74 Enrail: lisantiroberts(r�.)giiiaii.corri I Phone: 772.204.3973 1 Location: South I'lorida / Remote WORK EXPERIE.NCE National Veterinary Associates Indefwndenl Consultant hinancial Planning & Analjwis Aug*. 2022 Present Created detailed trackers to analyze performance of over 1,000 individual hospitals after close ofacquisit ions as company strategy shifted from acquisitions to organic growth (I I ollaborated with operations team to improve approval process for capital expenditure projects, including full model rebuild Corlwate Deva lolmient Associate Oct. 2020 Maty 2022 Deployed $3.0bn F� of capital across seven veterinary services platform acquisitions; member of lean team for all deals and responsible fior building L.130/operating models, conducting due diligence process, and pitching approval to C" -Suite (I I onductcd buy -side, sell -side, and convertible note deal processes for acquisitions ranging from $30.0111m to $1.Obn Created NVA's platform prioritization product including a ranking of every North American veterinary services platform by asset quality, contact information for key members ofinanagernent, and documentation ofevery outreach • Served as ad-hoc associate for C' -Suite on strategic projects including creation of` initial equity pitch for selling veterinarians, cost ofcapital analysis, and recommendation on VA's bid strategy for I.I.S. and Canada hospitals Key Transactions: SAGL' Veterinary Centers, Ethos Veterinary I Icalth, PetWell Partners, Veterinary ("are Group select Fransaction Experience Acquisition qfSAGE Veterinary Centers ( , 'onducted diligence, created 1_130 and operating model, and pitched transaction to C" -Suite to gain approval for $I bn e bid Pitched NVA to SAGE as acquiror ot'choice by demonstrating cultural compatibility and business integrity Divested select hospitals mandated by FTC with roles including coordinating FIV correspondence, running diligence process, managing data room, creating list of potential buyers, and assisting on marketing materials Project Pegasus Owned operating model and pitch materials to C` -Suite for potential acquisition for largest remaining equine platform in veterinary space; coordinated with operations team to create bottoms -up forecast for platf6rrn to determine bid price Truist Securities (Uk/a SunTrust Robinson litunphrey) Corlw,wule and Investment BankingAnalyst Jun. 2018 - .Is'ejv2020 (:`rented capital structure, capital allocation, acquisition capacity.) liquidity models, and other atudyses to determine clients' need for debt and ability to repay loans Sourced prospects for senior bankers based on potential capital needs Analyzed healthcare industry research and company -specific data to create CIMS, pitch books, and other discussion materials Select Transaction Experience Proicel A LEJ? T Provided company with a revolving credit facility after conducting site visits, hosting weekly diligence calls with company, and working with internal and external teams to execute transaction Pr(4ect LOCK Evaluated financing OPPOrtUnity and presented to senior management to gain approval to commit to the credit facility intended to fund the spin-off'of a business segrnent, successfully converting RemainCo from a prospect to a client EDUCATION University of Florida — Hough Graduate School of Business Vaster (# Science in Finance (conducled in landem with underg!raduale degree) 11a.Y 2018 Relevant Coursework: Investment Banking & Corporate l"inancial Modeling, Fixed Income, Interest Rate Risk Management, Mergers & Acquisitions, I"Utures & Derivatives, International finance, Venture Finance, 11 ' merging Markets, Capitalism & Regulation, Asset Allocation, Special Topics (all coursework and lectures on Bloomberg 'Terminal) University of Florida - Warrington olleg e of Business Bachelor ol Science in Business A dalinistralion Dec. 2017 Internships: SunTrust Robinson I funiphrey I leattlicare Investment Banking, Raymond James Credit Risk Analyst 01'"Ell INFORMATION Languages: Conversolional Anterican Sign Langnqee Continuing E'dieculion: I raining Me Street P Program, H'all Sireei Prel) LBO Nfodeling ( 'wirse, PINNA Series 79 03, I'lorida Atlantic University Ilovl)italit)),Iltiiteigeintnt Cerlrficofion hileresis: Girls on die Run Oward niembc�), Yoga (certified instrucloi), Rock ( 7imbing (fiwiner coinj)efilof), Scuba Diving 75 Stanzione, Tarri Le]esUS, MaWee Tuesday, August 29,2O233:44PK4 StanzionE,Tamnoy FW: Advisory Board Appointment application LuisanaL[asti||o-_Resum��pdf May|ee I)e Jesus, MPA, MNAC [ityOerk (Jty G|erk's [ff8ce 0ai|ing Address� P.Q, Box 3.1O | Boynton 8emch, F|orlda 33425 Physica| Address: 10O E. Uoean Ave. | Boynton Beach, F|orida 33435 � 56I-742-6]61 P|ease be advisf.,dthot Florida has broad pub|ic nenordS law and aU cornespondence to mevia emmi| maY be subject lo disdosure.UnderF|oridarecords law, emai|a6dressesanepub|icrecords,Therefore,YOU re - I'll ai|communica1ionand ynure-mai|address may be subjectI.o pub|icdisc|osure, From: kasti|k)<nmneply@123fonnbui|der.com> Sent: Tuesday, August I5^2DZ311:45AK4 To: City Clerk <CityC|ed«@bbU.us> Subject: Advisory Board Appointment application date 08/15/2023 Name Luisana Castillo Phone number 561-739-9748 Address 7S9Manatee Bay Drive Boynton Beach FLB343G United States Current occupation or, ifretired, prior Boynton Beach Manager aLthe ChannbermfCommerce occupation Education Bachelors in Political Science and a graduate certificate in Public Administration 76 DdWNLbAD THE P|ease be advisf.,dthot Florida has broad pub|ic nenordS law and aU cornespondence to mevia emmi| maY be subject lo disdosure.UnderF|oridarecords law, emai|a6dressesanepub|icrecords,Therefore,YOU re - I'll ai|communica1ionand ynure-mai|address may be subjectI.o pub|icdisc|osure, From: kasti|k)<nmneply@123fonnbui|der.com> Sent: Tuesday, August I5^2DZ311:45AK4 To: City Clerk <CityC|ed«@bbU.us> Subject: Advisory Board Appointment application date 08/15/2023 Name Luisana Castillo Phone number 561-739-9748 Address 7S9Manatee Bay Drive Boynton Beach FLB343G United States Current occupation or, ifretired, prior Boynton Beach Manager aLthe ChannbermfCommerce occupation Education Bachelors in Political Science and a graduate certificate in Public Administration 76 Are you a registered Yes Do you reside within the Boynton Beach Yes City limits? Do you nage abusiness within City No Are you currently serving ouaCity NV board? Have you served on City board in the No past? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board COMMUnity Redevelopment Agency Advisory Board if appointed by the City Commission to serve asBoard Chair Yes or Vice Chair are you willing to serve in this Personal As a Boynton Beach resident | am always looking for ways 10 contribute to my community arid Qualifications saw an opportunity through the Chamber of Commerce, Thus far, I have fostered collaborative relationships with residents and continue tolearn the dynamics shaping out, comnnumity.4 pivotal aspect of my experience is rooted in community engagement, as demonstrated by rny grassroots efforts when ! canvassed neighborhoods to gauge local sentiment onpivotal amendments. This experience instilled inrnethe ability totruly listen arid empathize with citizens' perspectives, a crucial trait for an effective advisory board member that further builds onnnyeducational background |nPublic Administration. Professional K0ernhenob|ps Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73124.88182(United States) at20Z3-O&-151O:44:46on[hrome115.0.Q.O I 77 LUISANA CASTILLO RMINW-Nwi 561..-729.-9749 LUisanacastillo24@gmai1.corT1 Al-011we"T _11t#11,1161 Masters in Public Administration University of Central Florida Currently PUrSing BS in Political Science University of Central Florida 2016-2020 1VXT1&*1_1WTWE9� The Latino, Leadership Council VP of Operations 2018-19 Coordinated UCF's 2018 Hispanic Heritage Month Celebration • Directed a team to collaborate between graduate students, faculty/staff, and student -run-, organization leaders to plan and execute inclusive community events celebrating hispanic culture throughout the month to serve a 65,000. student body • Worked with numerous vendors for a grand finale celebration including a student parade thru campus, With live music, a comedy show, and the first scholarship pageant. • Devised, planned and hosted UCF's first Latin Student Pageant awarding two textbook scholarships. • Created and circulated a calendar of events. Promoted the COUncil's mission to unite the I.atino student run organizations by aiding leaders and facilitating spaces to collaborate. &F9r*"1UnM Strong bilingual sf:)eaker with extensive experience in digital marketing and rnanagernent skills, Showcasing excellent organizational and communication skills along with a passion to serve our community. OFFICE MANAGER MVP Environmental Solutions, Inc. 11/2020-1/2023 • Coordinated all routes, meetings and projects for the team. • Formulated and exec.uted a marketing strategy across social media platforms, virtkW magazines and local networking groups, • Provided regular financial activity reports while rriaintaining rnetiCUlous record of all leads, sales, and exl,,)enses. • Prepared exeCUtive analysis reports, spreadsheets and presentations for C~• level executives. • Maintained a connection with local leaders, charnbers, and nonprofits to promote brand awareness within the community. • provided the highest level Of CUstorner service to clients to ensure customer retention and collection of payment. • Analyzed F"I/L sheet to formulate subsequent budget changes. • Supervised employees Job perforrnarice, timesheets, calendars and conducted quarterly performance evaluations. • Represented company at all chamber meetings arid activities. • Set up health and life inSUrance beriefits and explaining cornpany policies for sick days, FTO and holidays. • Responsible for client invoicing, collecting payrnent from clients or their insurances and maintaining a rnorithly [1/1... • proficient in Quickbooks, Microsoft and Google Suites. SOCIAL MEDIA COORDINATOR Parkland Chamber of Commerce 13/2021- 9/2022 • Spearheaded the start of social media marketing. • Coordinated social media postings. LAW INTERN Arco Abogados I Barcelona, Spain 5/19- 8/19 # Translated legal docurrients and news articles to share online. * 'rranscribed international business negotiations, * Performed rninor legal proceedings. 78 Stanzione, Tammy From: City Clerk Sent: Tuesday, September 26, 2023 8:18 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: court <noreply@123formbuilder.com> Sent: Tuesday, September 26, 2023 8:08 AM To: City Clerk <CityClerk@bbfl,us> Today's date 09/26/2023 Name Courtlandt McQuire Phone number Address 506 WHISPERING PINES ROAD Boynton Beach BOYNTON BEACH, Fl. 33435 FL 33435 United States Email !trp_uqj@ rg _Abaradvxom Current occupation or, if CD/Owner of Boynton Beach and Orlando Ad Agency - Miami / Brickell retil business retired, prior occupation owner Education BA University of Kansas Are you a registered voter? Yes Do you reside within the Y Boynton Beach City limits? Do you own/manage a business Y within City limits? I Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Art & P when? Have you ever been convicted Yes of a crime? If "yes", when and where? Yes possession of cannabis - not sure if it was a conviction Advisory Board Community Redevelopment Agency Advisory Board 79, If appointed bvthe City Commission toserve as Board Yes Chair or Vice Chair are you willing tmserve [nthis capacity? Personal Qualifications I have spent a career as a marketer of residential and commercial land development and the hospitality industry. I have had, and currently work with sorne of the nations largest builders and privately owned developers and hoteliers. My responsibilities include consulting my clients on maximizing their revenue. I also host clients in the healthcare, enterLainnnentand f||nn industries. K4yagency: redberadv.corn Professional Memberships Parishioner atSt. Vincent Ferrer Vintage car club nmember The Arts Feel free to attach/upload an extra sheet orresume. Certification Lthe applicant, hereby certify that the sLatennentmand answers provided herein are true and aCCurate.|understand that, ifappointed, any false staternentsnnaybecause for removal from a board. The message has been sent from 98.97.17G,1l7(United States) at2O23<]9-25O7IV:57onChrome ll5.Q.0,O Entry ID: 6S9 Referrer: FonnHost� 80 Stanzione, Tammy I from: City Clerk Sent: Monday, March 20, 2023 2:07 P,M To: Stanzione, Tammy; De Jesus, Ma lee Subject: FW Advisory Board Appointment application Attachiments: Resume Te�resa M-3-23,clocx From: Damcclendon, <i,io�repill y@1foi,milbit,iilder.coni> Sent- Monday, March 201, 20,23 12J3 PM To: City perk <GtyCler k@bbfl.us> Subject: Advisory Board Appointment application Today's date 08/16/1963 Name Dr Teresa Kase y -Mc Clend oin Phone number 561-577-9272 Address 7228 Chesapeake Circie Boynton Beach Florida 33436 United States Emaill DrtmiccliendoLift, fl.corn Current occupation or, if'Executive Director Early Childhood Education reti�red�, pricer occupation Doctrine of Divinity yes Do you reside within the Boynton Beach City Yes limits? -mo you own/manage a 'i�uslness within City Y" ]limits?, If "yes", name of Little Cubz Learning enter buisiness� Are you currently No serving on a City board? Have you served on a No City board in the past? If "yes"', which board(s) and when? Have you ever been No, convicted of a crime? 81 If "Yes", when; and where? Advisory oard Education and Youth Advisory Board If appointed by the City Commission to serve as Bioa rd Cha I r or Vice No Personal Qualifications Asa Pastor and cornmUnity leader Ministering to, low-incorne fat'nilies On a consistent bas'i's. As an Experienced Childcare Provider Serving area farnihes and seeing the needs of the people firsthand, and hearing their COrnplaints and hearing their struggles. During the Pandemic serving our community by opening a food pantry, giving away clothing. Shoes and assisting, with: ministry finances. Professional Way of Life Family Worship Center Memberships Children Services Council StrongMinds Prevention Central of South Florida American Heeart Association National Chaplain Association Florida Association of Childcare Management NAACP �Feel free to attach/upload an, extra htjpsj f�oral-n.123forriiibLi�dc%rcos' )IL!lp (Ldid i Li-Mleid=58bl,findW.396f5ff7afe8c6da, cfed78 sheet or resume. Ce�irtification 1, the applicant, hereby certify that the statements andl answers provided herein pare true and accurate. I understaind that, if appointed,, any false statements may be cause for removal from a board. The niessage has been sent fron,,j 166,2'05.159.62 (United States), at 20,23 03-20 11:12:51 on Whone 163 Entry ID,. 609 Referrer LittpZtwbqy oq,,jlg_a� Lk&g ,ILL g/ Forni Host; tit orrn.123formbudder.,con jajZ141 Jj �E )i),E I -a r t .9 n rnc� t 82 OMM11wrom 1079MVIONSTMEIZOI 7228 Chesapeake Circle - Boynton Beach, FL 33436 Cell (561) 577-9272 Email - Liv2livagin@Paola ,com Patrick, Henry High - Ranoke, VA 06/1981 National Bus. College Salem, VA 10/ 1983 Fashion Merchandizing Palm beach State College Lake Worth,, FI -8/2015 Director; Degree Faith Christian University School 5/20109 Doctorate Leadership Tabernacle Bible College & Sieminary Doctorate Divinity *Work Experience: Way of Life Ministry B I 'oynton Beach, Fl. 2020 Executive Administratoir/Pas�tor Instructor - Mentor: Manage Administrative Sitaff, Correspondence, Typing, Dat E�ntry, Reicorld- keeping, Filing, Meeting Scheduling. Mana- &Train Volunteers Alternative Unlimited Plantation, FI 01/210iO6-05/2008 83 Administrative Assistant Office, Administration, Registration, Data Entry, Scheduling, Appointment Setting, Filing, Reporting, Teacher Assistant Manage & Train New Hires Portsmouth Redevelopment & Housing Authority - Administrative Assistant: Chesapleiake, VA - 07/1999- Oil/2OiO2. Typing, Filing, Meeting Scheduling, Office Management, Data Ent�ry, Report Updates & Filing, Electronic Billing, Customer Service, Traffic Calls, Accounts Payable, Sort &, Distribute Mail, Accounts Payable & Receivable. R & R Transportation,, Inc. Oi2/2000 - 01.5/2001, Suff6lk, VA Marketing/Advertisileiment & Custom,er Service Marketing & Advertisement, Transporter, Appointment Setting�, Quote Preparation, Data Entry, Customer Service, Data E�ntry, Matrix Updating, Manage & e-ui [Harrison Museum of African. Culture 0 Itirector Assistant American 08/1.997'- 01/2000 Roanoke) Vj-X,. #ffice Management, Payroll, Accounts P�ayabile & Receivable, lWata Entry, Manage &Train Volunteers Trigon BC/BS - 11/1.987'-07/1997 Roanoke, VA Customer Service Claims S�plecialist/Prolvider Service, Retention, Benefits Analysis,, 84 Claims Entry & Processor, Coding, Billing, Medical Claims Assistant , Roanoke Virginia 05/1983 - Assistant Dietary Director /Dining Rooim Assistant Assistant to Dietar , y Director, Manage Administrative Staff, Correispiondencei, Typing Record -keeping, Filing, Meeting, Scheduling, Data Entry, Menu Preparation, Manage Evenin I` Staff Waitress, Assist Coiolks Skills: Administration Operator/Reco ptio�nis�t Office Management Dis�patch, Data Entry Volunteer Coordinator Mentoiring, /Business Machines Certified Effective Supervision Licensed Parenting Instructor Licensed Minister/ Noutic Counseling Medical Billing/'Claims Filing Insurance Benefits/P,r,ovider & Broker Service Nursing Home Dietary Food Preparation/ Training Medical Term inoloigy Microfilm & Microfiche "Tele mrktin ,Fundra i sing 85 Pam Canon -Lead Secretary Portsmouth Redevelopment & Housing Authority 80�O High Street Poirtsimouth, VA 237015 (757) 39i9-5261 Felicia Walker Regional Director 28001 Oakland Blvd Fo�rt Lauderdale 33311,4 (1754) 32:1-7050 Tierra Kasey - CEO Prevention Central Fort Lauderdale, Fl 33336 (954) 599-2267 94EM., I=MNwM Michael J.r. McClendon - Pas�tor Ramsey Coins�ultant�s A1TV.7T Gwixtwticatiovs V17 0 W, WI M To, 105 = Tammy Autrey Marriott Richmond, V 5611225-3527 1 86 Stanzione, TaIMIMIX . . . ............ From: City Clerk Sent: Wednesday, March 01, 2023 12:25 PM To: Stanzione, Tammy,- De Jesus, Mayllee Subject: FW: Advisory Board Appointment application Sent: Wednesday, March 1, 2023 12.018 PM To: City Clerk <CityClerk@bbfl.us> Subject- Advisory Board Appointment application Today's date 03/01/2023 Name Vall,erie Valcourt Phone nuim,ber 561-293-6591 Address 410 IN W 16th Ave Boynton Beach Florida 33435 Netherlands Fm iaill vafeerie.vall qjLiL bjLdlLi2!,±),ach.$)n!j2qLAcam, Current occupation or, Jif retired, prior occupation Educator Education Doctorate in Educational Leadership Are you a registered voter? Yes Do you reside within I i the Yes Boynton Beach City limits? Do you own/manage a business iW ,within City limits? if ""yes"', name of business: Areyou currently serving on a: Yes, City board? Have you served on a City Yes board in the past? If "yes", which boiard(s) and I am currently the chairperson for the Education & Youth Advisory Boar* when? Have you ever been convicted No of a, crime? if "yes", when and where? Advisory Board Education and Youth Advisory Board r. 87 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacIty? Personal Qualifications I have been, on the Education & Youth Advisory Board since 2020. 1 have served as, the chairperson the last 2 years. I am also an Assistant Principal for the' cho l District of Palm Beach County. I have graduate degrees in Educational Leadership, Professional Memberships Feel free to attach/upload an extra sheet or resume., Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 127.01.01.1 (Netherlands) at 20,23-03-01 12:08J6 on Chromie 108.0.0.0 Entry ID: 5,98, Referrer: !"i t qg�jj'VLWfflW�tg) MLQn .LN'Ai-11, Lai Form Host', ht s,,) j.Lq!n_ I�Jf2Lr -12__ _ru From: City Clerk Sent: Wednesday, March 08, 2023 3:41 PM To: Stanzione, Tarnmy Subject: FW': Advisory Board Appointment application From: calixtefranoels e <noreply@123fo�,tnbLilder.comi> Sent: Wednesday, March 08, 20239:15 AM To: City Clerk <CityC1erk@bbfl.us> Subject: Advisory Board Apip ontinent application Today's date 031/08/2023 Name Fraincoise Calixte-Dieuvfl Phone number Address Email calixtefraincoisecwznlLgil�Com Current occupation or, if Esol Coordinator retired, prior oiccuipation Education Ks Are you a registered voter? Yes Doi you reside within the Yes Boynton Beach City li�mit�s? Do you own/manaige a, businesis NO within City limits? if ""yes", name of business: Are you cu rre ntly seirvi nig on a Y'eis City board? Have you served on a City yes board in the piast? If "yes", which board(s) and when? Education & YouA th dvisory Board for the past four-plus years, Have you ever been convicted No of a crime? If "yes", when and where". Advisory Board Education and Youth Advs,ory Bio and 89 If appointed by the City Personal Qualifications Palmer Beach Atiandc University Master's in organizational leadership Palm Beach State College Bachelor's in management & Supervision Associated of Art in Health Sciences Graduated with an honor PaIrn Beach Maritirne Academy Secondary sol Coordinator) 2022 — Present City of Delray Beach (Finance UTB), 2019 -2022 Perform general administrative management duties Collect services fee Create a spreadsheet for the collection fee Promote poisitive ei'Tipioyee relations and employee morale daiily. South County Drug Abuse Foundation Inc. 20,16- 2019 Health Behavior Educator/Counseling/HN advocate Keep appointment calendars, and schedule Professional Memberships F&R Immigration and Notary services 2007-2016 Provide administrative and StaffAssistant to the whole staff. Help with translation File paperwork Monitor daily Payroll sheet Church volunteer 2005 -Present Counsel and coach people with different needs Teach Sunday schoo I for all age g,ro u ps Assist with planning youth activities A971TOM. I extra sheet or resumei. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for rernoval frorni a board. The niessage has been sent frorn, 5x0.23 a'.1 8.186 (United! States) at 2023,03-018 09.14161 ()nj ClIq'rorne 110,0,0,0 Entry 110; 61015 Referrer11tps JjWww,boynton-beach.p�rgj Form Host; h tforn 1,123fornibuilde co Lg, as EY:k�EA-4PPR LU t, ffigIll- j1p 90 From: City Clerk Sent: Monday, June 05, 2023 7:12 AM To: Stanzione, Tammy; De JeSUS, Maylee Subject: FWAdvisory Board Appointment application From: enlunio <no reply@ 123form bU ilde r.co m> Sent: Saturday, June 3, 2023 4:31 PM To: City Clerk <CityClerk@bbfl.LJS> Subject: Advisory Board Appointment application Today's date Name Phone number Address RM pPit. MAIN@ "01'r Education 06/03/2023 ODALIS VELOSO 561-662-7393 123 YACHT CLUB WAY APTO 205 BOYNTON BEACH FLORIDA 33462 United States enlunio@y,mil. co1!1 STUDENT Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board r4l if appointed by the Cit Commission to serve as Board Yes Chair or Vice Chair are you' m8U|ng to serve inthis capacity? Personal Qualifications Passionate about helping/serving the community and wants to make all the difference possible. Outspoken and displays leadership skills which I have exercised through clubs and extra curricula rs. Clubs/ExtraCUrriculars: NJHS president at middle school, SGA and student council mernber in both middle and high school, high school debate team, varsity water polo, and artistic swimmer, I am also bilingual (fluent in Enghsh and Spanish) . Currently participating in Volunteering through out Boynton Beach like in the Boynton Beach library. Current school is SUncoast High School with the IB program. Professional Memberships Feel free to attach/upload an extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate, | understand that, ifappointed, any false statements may because for removal from aboard. The messagehas been sent hnm5O.Z28.]45.lD6(UnhedStates) atZO23-O6'0315:3O:45on[hrome114.O.O.0 Entry ID: G38 Referrer� Fo*mHos: 92 Stanzione, Tammy From: gloriathuyan <noreply@123formbuilder.corn> Sent: Wednesday, September 13, 2023 1:05 PM To: City Clerk Subject: Advisory Board Appointment application Name Gloria Nguyen Phone number 561-703-8748 Address 1105 Fairfax Circle West Boynton Beach Florida 33436 Reserved Email gloriatliuyati@gmail.com Current occupation or, if N/A retired, prior occupation Education Grade 11 Student @ Somerset Acaderny Canyons Are you a registered voter? No Do you reside within the Yes Boynton Beach City limits? no you own/manage a business No within City limits? MKMMGM23M.� Are you currently serving on a No City board? Have you served on a City No board in the paIIIst? wa Have you ever been convicted No of a crime? If "yes", when and where? T=� Board Education and Youth Advisory Board Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications At my high school, I manage a variety of organizations in providing resources for our students. I serve as the Vice President for the National Math Honor Society, tutoring students in math from 6th grade math to Algebra 2. 1 serve as the finance chair for Dance Marathon, a non-profit organization fundraising for children's hospitals. I 1. W issues and manage fundraising. I am a member of the National Honor Society, donating to and packing supply drives for local families and elementary schools. Professional Memberships National Honor Society -Member National Math HmnorSodety-vice President DanceMan»thVn-FinanceChair Model United Nations - Treasurer Feel free to an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, if appointed, any false statements may because for removal from a board. The message has been sent from 172.S8.1SZ,177(Resewed)at2O2]-0B-1812:O4:43oniPhune1G,1 Entry ID: 655 Referrer:4gik� ,fill Form Host: 94 From: City Clerk SentFriday, March 31, 2023 428 PM 'To: Stanzione, Tarnrny; De JeSILIS, Ma to Subject: W Advisory Board Appointi[nent application Attachments, Brad -Jackson -12022 'Resiuime,docx From: bjackson <�nioreply@,1,23fortnbluildeir.co�"n> Sunt® Friday, March 31, 2023 3:30 PM To. pity Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointrrient application Today's date 03/3,1/2023 Name Bradley Jackson, Phone number 561-2' -5791 Address 815 W. Boynton Beach, Blvd., Apt 15-103 Boynton, Beach FL 33426, United States Emaill bac kson Ccqer Current occupation or, if retired, prior Marketing Director for Engineering & SUrveying Firrn occupation Education Bachelors Degree froini FSU in Business/Hospitafity Management Aire you a registered Yes voter? Do you resiide withiin the Boynton Beach Y'e s City limits? Do you oiwn/manailge If "yes", name of business: Are you currently serving on, a City No board''17 Have youi served on a No City, board in the past? If "Yes", which board(s) and when? 95 Have you ever been Yes convictO of a, cri-tte? If "'Yes", when and 2014, Driving Under Influence where? If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you wi Ming to serve in this capacity? Personal I work in the,, architeCtUre, engineering, and construction industry and hawse knowledge and Qualifications appreciation for our historic buildings and resources in the City and the important of preserving there from being erased through overdevelopiment or redevelopment. I have previous, experience volunteering at the South Florida Fair in their yesteryear village (YYV) park to help spread information and awareness about the historic structures being preserved there so that people of all ages can learn, about history in Palm Beach County, I serve on the Young Professionals, SponsorsWp, and Hospitality Committees at the Fair which help prornote YYV throughout the Community, Professional Society of Marketing Professional Services, (SNIPS) South Florida Chapter Memberships AEC Trendsetter's of: Florida Leadership Painij Beach County Rusty Gordon LQ+ Democratic Caucus, Urban Land Institute (MLI) Southeast Florida Chapter Florida Engineering Society American Society of Civil Engineers Feel free to attach/uploa,di an c1a6eb7aedb9527bcO17f2f extra sheet or Mutt ms: forrru.;�forrmmi�au�IMpr comm fug load did, Ir resurne,, Certification, 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any, false state me rits may be cause for removal from a board. The niessage has bleen sent from, 501.244.140,133 (United States) at 2023-01,31, 1.4:30:20 on Chrome 111,0,0,0 Entry ID,., 614 Referrec htfjps w%Lw boyn Form Host-, u or sJL httjj m.123forrnLi r.&Loj-DJj�. �UAL�Ld oi�oty-bg�a rd -a ppoi Lit m eqjjjj?2icat"qn, _ _ _jdc 1_ _ 96 Bradley Jackson # I-5 W- [,o--y-n-t"o—riA-pil. 151()3, Boyraon 13eadl, FL 33426 1 (561) 252-579 1 1 To be considered for a seat on the Boynton Beach Historic Resources Preservation oar to serve the residents as, a member of the coninnunity committed to preserving the rich history of the buildings and architecture in the City. Skills Excellent Communicator and Coordinator • Highly adept at marketing research and organization of company functions • Convey leadership qualities in managing organizations and business responsibilities • Pai-ticipating in community activism and engagirigi with local leader's to, enhance the environt-neat and well- being for our neighbors Edu atron BS Business/Hospitality Managerrient � May 2013 � Florida Mate University (Leadership Boot Carnp, College of Business � October- 201,81 Florida AtIa ntic University 4W Current.job E2=6enice Dir. of Marketing & Business Development I Engenuity GWUP, lnc, I March 2oi.3- Present 0 Manage and at times pregame all RFQJRFP responses, for public sector, work * Manage, prepare, and post content for company website,social rnedia 0 Manage and prepare conterit for company newsletter through Coristant Contacts 0 Prepaire and review reSUmes and project experience cut sheets for marketing 0 Coordiriate and manage teaming opportunities for private and Public sector, projects 0 Attend networking events to socialize wei various groups of people to learn and develop new business connections for the company 0 Research and develop ri-iiarketing, strategies, firma -wide 0 Manage admilinistrative staff to ensure quality control of day to day tasks VOIL nteg u-!qj i e in ic, e, 0 Society of Marketing Professional Services (SMPS) South Floriida Chapter: Past President 2020-2,022, President 2019-2020, President Elect 2018-20ag, Programs ilair 2017-2018 0 AEC T"rrendsetter's of Florida� Viice President 2020-2022, Board Mernber 2017-2020 0 Leadership Palm Beach County Class of 20: 2,2. Current Alurnini serviing on HohdayBe.akfast, Focus, & Forward Committees 0 Rusty Gordon L.GBT0+ Democratic Caucus: Secretary & Endorsements Chair 2021,. -Current: # South Florida Fair & Exposiitions- 'Beyond the Falr'Young Professionals Class Of 20'21, Serving on Sponsorships, Youngi Leaders, & Hospitality CommitteeS, 2023- Current 0 Compass: Stonewall Ball Host Cornmittee Menibel" 2022- Current 0 Sunfest. dates Comirnittee Member 2022 -Current Urban, Land Institute (UU) Southeast Florida Chapter_ Palm Beach County Young Le�aders Steering Comr-nittee Member' 2018 -Current Florida Engineering Sobiety:"volunteer yearly for MATHCOUNTS & Engineer It! COMpetitionswhich, engage elementary & mididdile schroolers with rriath and science American Society of Civil Engineers: VOilUnteer yearly for Bowl -a - Thor) Scholarship event Volunteered on i different local Ipoliitical carripaiigns 97 98 Stanzione, Tammy From: City Clerk Sent: Friday, April 28, 2023 10:07 AM To: Stanzione, Tarnrny; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: Iroysmithl <noreply@123forrnbUilder.corn> Sent: Friday, April 28, 2023 10:01, AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address r4m Education 04/28/2023 Roy Srnith 925-915-0247 504 SW 8th Place Boynton Beach FL 33426 United States Lrgy—sm L1t!L1-@g-m-a'lLcQ-r-11 Account and Channel Management Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? IVU Are you currently serving on a No City board? Have you served on a City No board in the past? if "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board 0 99 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications * Strategic planning, creating, and implementing plans, working with large budgets, business analytics. * Experienced interacting with, and influencing senior management, executives and key decision makers: * Proven success with start-up Situations, expanding, and mature markets. o Skilled with prolonged contract negotiations. My family has been in Florida since the late 1840's with our first born in Key West, Preserving our history is vitally important to help successive generations understand Our past in order to shape our future, rM. aww'TH "k, , , - PITIMAMM, M. extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for rernoval from a board. The message has been sent from 73.17 9.50,92 (United States) at 2021-04-28 09:01:14 on Chrome 112.0.0.0 Entry iD: 629 Ref errer: !jqpF � /AAA. - L�qhorp ,j �hpyjqtqE�� _L_ j Form Host: jjtjjLs' form. 123formbLli er, _Lor'r -b a d- p oint ent.-.�.p ajion IjL or I --y-J-P -(--4 _g_ 100 Stanzione, Tammy ......... ...... --- From: City Clerk Sent: Monday, September 25, 2023 9:58 AM To: Stanzione, Tammy Subject: FW- Advisory Board Appointryient application Sent: Friday, September 22, 2023 7:13 PM To: City Clerk <CityClerk@bbfl.us> Today's date 09/22/2023 Name Thomas Rarniccio Phone number 561-386-7812 Address 4065 Trovita Blvd Boynton Beach Florida 33436 United States Email trami; igfq�,j Current occupation or, if Chamber of Commerce CEO, former elected official, businessman retired, prior occupation Education High school, some college, Graduate Advanced I statute Of Government Are you a registered voter? Yes Do you resiIIIde ill within the Yes Boynton Beach City limits? Do you own/manage a business,,,,,_ within City limits? TAITTWITINTI-TITIMMIT-M Are you currently serving on a No City board? Have you served on a City Yes board in the past? 1Wn=-0=0 when? Planning & Development Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Historic Resources Preservation Board 101 If appointed by the City Commission to serve as Board ,es Chair orVice Chair are you willing boserve inthis capacity? Personal Qualifications Boynton Beach Historic Board 2O19 -2O23 Boynton Beach Planning & Development Board Mayor, City ofLake Worth 1997-2U01 Vice Mayor 1A9G City Commissioner 1995 Eag|eGCout Married toHigh Schum|sweetheartCano|42years PnesidentKnoUvvood HOA, Inc Parishioner, Saint Marks, Boynton Mounts Botanical Garden, Executive Board member Past President Bromeliad Society of the Palm Beaches Past President Palm Beach Palm & Cycad Society Professional Memberships Kiwan|sInternational 39year member, Past Governor 2R10-2D2I Boynton Beach Kiwan|s, secretary Salvation Army board of Directors, Past President 40years of service Feel free ho attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, |fappointed, any false statements may because for removal from a board. Themessage has been sent fn»m 73l104.131 (United States) at 2023--09-22 18:12:52 onSafari l6.8 Entry ID: 658 Referrer: FonnHost� 102 Starizione, Tammy Fromi- City Clerk Sent- Thursday, March 02', 2023 218 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From, lindsaykarten <iioreply@123fortn,builder.coni> Sent: Thursday, March 2, 2023 8:41 AM To. City Clerk <0tyClerk@bbf1,us> Subject., Advisory Board Appointment appfication Address 3386 CHURCHILL DR BOYNTON BEACH FL 33435 United States Email l"ndsavkarterii(o')Rniaill.corTi Z Do you reside within the Yes Boynton Beach City limits? Do you own/manaige a business No within City 11imits? Are, you currently serving on a No City board? Have you served on a City No board, In the past? 14 bis-o2rd( Have you ever been convicted No of a crimO, If "Yes"', when and where? ,Advisory Board Library Boa:rd If appointed by the City Yes Commission to serve as Board .1 i 11W Chair or Vice Chair are you willling to serve In this capacity? Personal Qualifications, Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers proided herein are true and accurate. I understand that, if apointed, any failse statements may be cause for rernoval frorn a board. 'Th:e rnes5age has been sem from 1.7 .55,112,230 (United States) at 20123-013 02 08AOA7 ori Chrome 11 .0.01.0 Eritry ID: GOI Referre,rht�pi,-11w.ter w )yjL tgq-bg Li4,CTd Form Flost: ht( s,/ forrii.12�3foriiiibuiilclt,,rcoinLM3�q4lild i boardcrpp i �a I i 0 r, 104 11,111111111311nm 1111mmilIT1111 IF IF MM32E= Thaiink you for your interest in Serving on one of the City's Advisory Boards and for taking the t�ime to, fill out this aippl�ication. If inistructilons allre not followed or the application is not filled out in its entirety, the application will be returned for clanfication. EMAIL DISCLAIMER, Pleaise be advised that under Florida law, e-mail adpublic records. If you I do not want your e-mail address released in reisponse to a pubiic-records re�quest, do not send electronic mail. instead', contact the City Clerk's office by phone or in writing - Mailing address: P.O. Box 310, Boynton Beach, FIL 33435-0310 Phone: (561) 742-6060 I FAX:: (561) 742-6098 Name s Telephone # MR IN < 4� Date of Birth:� Emafl: I J Current occupation or prior occupation: LIVC-1 A4 U / �Ir Education N� 44AZ I �A Are you a registered voter? V/` Yes No Do you reside within the Boynton Beach City limits? jzYes No 111 Do you own/manage a business within the City limits:� Yes No If yes, name of business Have you ever been convicted of a crime? IV' Yes No If yes, when Where Areyou currently servings on a City board? V Yes No Have you served on a City board in the past? Yes No 2, S.r\CC\W'P\BOARDS\Applicatdoiiis\Advsory Board Application 2023,doc OHE .7x 105 If so, which board(s) and when? Please indicate which advisory board you are seeking appointment. For board listing, requiremenff,- responsibilitles, and meeting times and dates, see attached. Arts Commiission Building Board of Adjustment & Appeals v"Community Redevelopment Agency Advisory Boa!li Education and Youth: Advisory Board EmployeesPension Board f9refiq*t5� Pension Trust Fund .. . . ........ ..... .. . . . Historic Resources Preservation Board Library Board Planning & Development Board Police Officers' Retirement Trust Fund' Recreation & Parks Board If appointed are you willing to serve as Chair or Vice Chair? S No y� 04, CX4 i' What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. I MT-311M.w r w w -am Signature: D�ate:A, / ......... . - "I S:\CC\WPNBOARDS\Applica'dons' Adv�sory Board Applicabon 2023,doc M '3 Stanzione, Tammy From: Clity Clerk Sent: Wednesday, (March 08, 2023 7:43 AM To: Stanizione, Tarnrny; De JeSUS, Maylee Subjt: FW: Advisory Board Appointment application Attachments: Marcia Levine RestA,nii(�iiciit-ch-23,doc From: marcialorHevine <noreply@123forrnbuilder.corn> Sent: Tuesday, March 7, 20,23 7:40 PM To: City Clerk <CityCierk@ bbf L LIS> Suibject: Adviisory Board App6ntrnent application Today's date /07/2023 Name niarcia IeOne A 0 a * A It 14 4 Address, 6,25 casa Lorria blvd' apt 8018, Boynton Beach FL 33435 United States Email Current occupation or, if retired, prior DJ occupation Education College Graduate Are you a registered Yes voter? Do you reside within ts? Do you own/manage a business within City No 111fits? Are you currently Yes serving on a City board? H�ave you served on a Y'es City board in the piaslt? if" ns", winich board(s) I arn currently: and when Library Board Mernber terrTi expires 3/31/23 This is a request for renewall of that position Senjor Advisory Board Mernber (start Data; 2022), 107 If"yes", when and where,? Advisory Boiard Library Board If apt by the City Commission to serve as Board Chair or Vice Yes Thank you for asking me to renew my application/Library Advisory Board Member, I WOUld be honored to be able to continue for another terni. It's difficult for rne to express my positive qualifies as I like to practice hUrnility in all aspects of rny life, but I ani, a service oriented, cornirnunity minded and involved resident of The City of Boynton each. My whole fan'-dly loves libraries and the majority, of rny farrifly mernbers, are avid reaiders , I not only love to read, but I llolve the concept of the library as an important fabric and glue of the cornmunity, I love the work that Mr. Craig Clark and the tearn are doing and 11 want to he able to help,with the endeavors going forward. Professional Wornen For Excellience Worrier's Leadership Group Memberships Wornen in Developimenit-Wornen who are the fundraising area DL Franchise Record Pool-Dj Networking G rrO U P Feel free to attach,/u!pload an extra Littps 23foi"r'vi�buildeL.C(—)ry-)AIPLO—ad-110stip?fileLct=t7da(i6cdfl3f3l)lf29,33523f43bfd334 sheet or resume. Certification, 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any fallse statements may be cause for, removal froni a board, The niessage Ihas been sera frorn 206.214,134.18 (United States) at 20123-03,017 1939:50 On: Chroflle JJ01010.0 Entry IM 604 Referrer: I, L L) qy i kq!h L - gfj RUP L be _ _4Z Forrn Host: .11 ... Ni de -1.1—L 108 Boynton Beach, Florida (917) 693-4729 marcialorilevine@gmiaip.com SUMMARY I am a tl'IOUght-foul, and creaitive business professional, with a successful career prin'larily within the media/ marketing and sales arena. II have an established track record of cultivating strong internal/externaI partnerships. II am adept marketer and facilitator. I believe my experiences will allow rile the opportunity to, join, a tearn, and to not only personally flourish, taunt also to help Iflake a difference on the team (s) I join VIDEO CONFERENCE PRODUCER, Virtual, 2019-Presenl Set -Up and Adrn inister/Faciltate Techni,cal Support for Virtual SeIrinars/Trainings, Recovery Workshops and Professional Conferences, Manage all in rneefing operations, including instructions on how to participate via computer or pahone-in options, muting/un -I'll LJ ting features, polling, breakout roorns, screen sl")aring, and whiteboard/ with attendee participation. P,rovi:lde help with, set -Up Of Ineeting (s), registration with correct in- meeling controls/ functions, to Insure, smooth, orderly and successful conference/workshops for stake -holders,... OLD SCHOOL SQUAREICORNELL ART MUSEUM:, Delray Beac1i, Fl. 2018-20,20 Assistant Museum Operations Director Assist �irector of OperationS/CLffator' Duties include: opening and closing rnuseUrn, Wrating, operating and irraintaining Museurn Stoire, placing media buys for Art Shows at OSS/driving revenue to Old School Square. Manage, reception desk adn'0ssions/donations through Square Register operating system, Greet guests With working kirlowledge, of Old Scl,ioot Square and Cornell Art Miiuse u m_W rite all press releases. Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami -Da de- Pali n Beach Counfy 2017-20,18 Account Execlutive (one year contract) Relocated to Florida to join team to develop/taunch The Health Channel properties, and ,Nww,allhe4fly Jv websile, Responsibilities includeDevelopment of all marketing materials, generating leads, daily prospecting and lead generation, outreach into local cornimunity to create partner relationships, presentations virtually and in-person. Successfully worked togettier with Baptist/ Bethesda Soufll Ploidda's marketing group and with aFP S creative, marketing and ad sales divisions. VIVENTIUM SOFTWARE, New York, N.Y. 2o 1 6_201 7 Nationall Sales Account Executive (Outside and Inside Sales) N I was recruited to develop NYC territory and assist the (launch, of Viventiurn Software, Responsibillties Include: Developmerit of leacls, daily prospecting, virtual arid in person selling/closing, cold call arid lead generation for all HCM (Hurnari Capital Management /Payroll, Onboarding, HR,) products, Led the launcl'itearr in new bUSIness !sales, meeting and exceeding rnonthly arid yearly goals, $250,000 Gross Revenue A+E TELEVISION NETWORKS, New York, N. Y. 19,99 -20,15 Account Executive, New Business Developrnent Specialist, A&E, Biography, History Channel 01 Researched/venerated new bUSlness opportunifies;, prospected on a daily baisis. Identified customer needs, set Up client rneefings/presented to senior level decision makers. Closed high percentage of new lbusiness,; met and exceeded, yearly sales, goals; Grew, sales list revenue frorn $10 million to $100 rnillflon over tine course of 14 years. VOLUNTEER & COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places„ Vice Chair, Boynton each Library Advisoiry Board Member, Boynton Beach Senior. Advisory Board Member, Vice-Char Overeaters Anonymous PaIrn Beach Counity Board of Directors , Reading VOILInteer Mestchester Mordessorl! School & Carlarsle Childcare Development Center; IDeveloped Therapeutic Music Program for Children oil the Autistic Spectrum; EXTRA -CURRICULAR ACTIVITRES Professional DJ for the past 20 years, I go by the mane, "01 Marsh" II have had over 25,01 D,J jobs In various locations. I specialize In varied playlists that satisfy all age ranges. I transitioned to virtual D'ing during COVID, but I arn currently back to live OJing- EDUCATION B.A., Hunter College, New York, N,Y. 109 ME Stanzione, TammY From: City Clerk Sent: Monday, May 01, 2023 10:51 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application Attachments: Barsky-.Resurne.docx From: joel.barsky87 <noreply@123formbuilder.corn> Sent: Monday, May 1, 2023 9:51 AM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 05/01/2023 Name Joel (pronounced Jo -Elle) Barsky Phone number 561-735-1420 Address 1941 W Woolbright Rd Apt 0102 Boynton Beach FL 33426 United States EmailL)anAy!d-72En2L1 L -c Lrn Current occupation or, if retired, prior Criminal History Check Program Associate occupation Education Master of Public Health at Tulane University Are you a registered Yes voter? Do you reside within the Boynton Beach CityYes limits? Do you own/manage a business within City No limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a Yes City board in the past? If "yes", which Recreation and Parks (2020) board(s) and when? 111 JOEL BARSKY, MPH Permanent Address: 1941 W Woolbright Rd, Apt C102, Boynton Beach, F1, 33426 E-niaiE joel.barskyU(u�grnai I .corn ("ell: (561) 735-1420 EDUCATION Alaster of Public Health, Global Health Systems & Development, August 2013 Tulane Univervit),School ql'Pubfic Health and 7ojaic al A4NIicine, New Orleans, L.,A Bachelor of Arts, Anthropology & minor in Public Health, May 2010 1 Univo er�ity 'South F70 ridu,Tanipa, FL, . t WORK EXPERIENCE Criminal History (:"heck Program Associate,.4meri('Oqs, April 2023 -Present provide administrative support and data collection for the National Service Criminal IfistorY (-'heck waiver process, suppoil the development ofcornprehensive written guidance fbr grantees an(.] agency staff, and supporting the development and implementation ofsarnpling analysis guidelines and procedures, Assistant Program January 2017 -April 2023 Under the ArneriCorps National Civilian Community Cori,.)s, I plan and implement initiatives to develop service learning prqjects and lodging opportunities with public and private organizations, community an(] fiailh-based organizations, and other federal agencies. Develop pro.ject proposals, which include: prqjecr goals, resources needed, and tiniefiries. Prepares prqjected prqject budgets to include travel and lodging expenses. Monitors prqject and lodging expenses against budget to identify necessary changes. presents project training or orientation to learn members. Coordinate with other member training, and supervise Corps Members in order for thein to complete their assigned tasks. Social Insurance Specialist, U.S. SocialSecurit)) A41nfinistration, Georgetown, SC, May 2014 -January 2017 Adjudicated, authorized and reconsidered claims lor benefits Under the provisions of the retirement, survivor's insurance and supplemental security income or disability insurance benefit prograrn. Answered inquiries about the Social Security Administration, Medicare and other set -vices and provided customer support through, tile phone, acrd fitce-to-face. Disease Intervention Specialist, Horida Department ofllca*h, Riviera Beach, FL, March 2013 -April 2014 Perfori-ned interviews to clients infected with Sexually Transmitted Inficctions, conducted investigations, partnered solicitations and provided case management to patients. Participated in outreach events, provided public presentations, liaised with extenial/internal stakeholders and perfiornied other duties to prevent outbreaks within tile Patin Beach County area. Health Promoter, Peace Corps - Fzji, Suva, Fji, May 20)11 -January 2013 Promoted good health by providing solutions to reduce Non-/Conlinunicable Diseases while providing capacity building skills in as rural corruirunity. Supervised labor workers, managed a government contract and hailed with stakeholders in order to succeed tile goals ot'various projects. From: City 0erk Sent. "thursday, February 23, 2023 2A9 PM To. Stanzione, I'arvurry; De Jesus, Maylee Subject: FW: Advisory Board Appointrnent appicafion From- beveridge,nsarah <rioreply@123forrnbtjild(r.coiii> Sent., Thursday, February 23, 2023 2:44 PM To. City Clerk <GtyC1erk@bbfl,us> Subject: AdvisorV Board Appointment app kcation Today's date 02/23/2023 Name Sarah Beveridge Phone number Address 3681 WOLF RUN LN BOYNTON BEACH FL 33435 United States Email beverigi, �e, LL4Lq11@f nn ai!,coni Current occupation or, if retired, prior occupation Stay at home mother, previously a teacher Education Bachelors Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within City limits? No if "yes", name of business: Yes Are you currently serving on a City board'? No Have you ser,ved on a City b*ard in the past? No If "yes", which board(s) and when? Have you ever, beam convicted of a crime? No If "yes", when and where? Advisory Board Recreation & Parks Board M If appointed by the City Commission to serve as Board, No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications As, a another and a previous educator I feel I have a connection to what is needed in our community. Feel free to attach/lupilloadi an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers, provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board, The messige has been sent from 73.2�04,57,247 (United States) at 20,23-02-23 M44:19 on Chrome 110.0,5481.83 Entry ID,: 595 Referrer bIAL)sJ:jAApyLi Lrjq:t PacL�LrE/ MLnj:�Pp Form Host: r4-g1mgLq ' -!j ation 114 Stanzione, Ta,mm z From: City Clerk Sent: Tuesday, June 20, 2023 8:15 AM To: Stanzione, Tammy; De Jesus, Maylee Subject: FW: Advisory Board Appointment application From: belindalasky <noreply@123fornibuilder.com> Sent: Sunday, June 18, 2023 9:48 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application I HT -FTWFT.M- Address 1811 Renaissance Commons Blvd #2516 Boynton Beach FL 33426 United States Email Current occupation or, if Director of Volunteer Leadership & Food Insecurity retired, prior occupation Education MSW Are you a registered voter? Y Do you reside within the y Boynton Beach City limits? Do you own/manage a business N within City, limits? 11 Are you currently serving on a No City board? Have you served on a City No board in the past? if ")tes", whicl�t boar,;,,(s) azO wle*7 Have you ever been convicted No of a crime? If "yes", when and where? Zzms= Recreation & Parks Board Rappointed hxthe City Commission to serve as Board No� Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications Highly accomplished Non -Profit Director with consistent achievement in management, program growth opportunities and operational matters. Success |nexecuting strategy and reducing operating costs event production, coordinating behind -the -scenes planning and program evaluation. Additional areas ofexpertise include: Executive Leadership, Community EngagenlentEvent Planning & Vendor Relations Community Outreach & Public Relations, Volunteer Recruitment &Retenhnn, Budget Management, Initiating and Building Strategic Alliances, Change Management Project Management, Customer Service & Relations, Board of Directors & Executive Presentations, Training, Development &Team Building Feel free &uattach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 67.151.248.78 (United States) at 2023-06 -18 20:4751 on Chrome 114.0.0.0 Entry ID: 64I Referrer: Form Host: Stanzione, Tammy From: juliehines1975 <rioreply@123for-riibLlildei-,coni> Sent: Friday, August 11, 2023 331 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 08/11/2023 Name Julie Hines Phone number 561-827-1975 Address 2801 sw 9th Street Boynton Beach FL 33435 United States Email jtAlieliinesl975@gt-naii.com Current occupation or, if retired, prior occupation Property Management Education Associates Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? if "yes", name of business: Are you currently serving on a No City board? Have you served on a City board in the past? Na If "yes", which board(s) and when? Have you ever been convicted of a crime? No If "yes", when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I have over 10+ years experience in property management and an additional 10 years in construction which included parks and recreation in the cornniunities, 117 extra sheet or, resume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent fnmn7346.237.248(United States) at2023-08-1114:30:39 on Chrome 115.0.0.0 Entry ID: 647 Referrer: Form Host: 118 Consent Agenda 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Resolution No. R23-135- Amendment FY 2022-23 Mausoleum Fund 632. Requested Action: Amend the balance of mausoleum funds due to an emergency expense for an electrical repair in the amount of $39,349. Explanation of Request: The FY 2022-23 Budget was adopted in September 2022. A budget amendment is required to increase the Mausoleum expenditures due to an emergency expense for an electrical repair in the amount of $39,349 piggybacking the Solid Waste Authority contract #22-25/LB. The mausoleum lost power to the building and FPL cannot locate the open circuit. There are temporary electrical lines above ground until FPL can locate the lines underground. The work is needed in order to supply the correct voltage to the Mausoleum. How will this affect city programs or services? Allow for continued spending authority for the Mausoleum Fun 632. Fiscal Impact: Mausoleum — Other Contractual 632-3110-539-49-17 Attachments: R23-135 Resolution approving FY22-23 Budget Amendment - (Cemetery) FY22-23 Cemetery Budget Amendment.pdf Grid One Electrical Construction Inc - Quote. pdf Solid Waste Authority - Contract #22-25-LB.pdf 119 1 RESOLUTION NO. R23-135 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FISCAL YEAR 2022-2023 BUDGET FOR THE 5 MAUSOLEUM FUND (632); AND PROVIDING FOR AN EFFECTIVE 6 DATE. 7 8 9 WHEREAS, the Fiscal Year 2022 -23 Budget was adopted in September 2022; and 10 WHEREAS, a budget amendment is required to increase the Mausoleum expenditures 11 due to an emergency expense for an electrical repair in the amount of $39,349 piggybacking 12 the Solid Waste Authority contract #22-25/LB; and 13 WHEREAS, the Mausoleum Fund (632) will be amended to reflect the increased 14 appropriations in expenditures from $26,674 to $66,674; and 15 WHEREAS, accordingly staff is requesting Commission approval to amend the Fiscal 16 Year 2022-23 budget as noted specifically on Exhibit A. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the City Commission hereby approves amending the Fiscal Year 23 2022-2023 Budget for the Mausoleum Fund (6321) accounts which will adjust budgeted 24 appropriations, provide budget transfers, as noted on Exhibit "A" which Exhibit is attached 25 hereto and incorporated herein by reference. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (Cemetery).Doex 120 W 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 3rd day of October, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney Me S:ACA\RESO\Budget\2022 - 2023 Budget\FY22-23 Budget Amendment Resolution - (Cemetery).Docx 121 CITY OF BOYNTON BEACH BUDGET AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 9/14/23 2022/23 PROJECT/PO AMENDED NUMBER BUDGET SOLID WASTE FUND 632 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 632-3110-539.49-17 OTHER CONTRACTUAL SRVS Adopted Fund Total Expenses Amendment Exhibit A 2022/23 AMENDED Revenue Budget BUDGET Vendor/Comments 2,974 40,000 42,974 26,674 40,000 0 66,674 13,124 40,000 53,124 26,674 40,000 66,674 S:\Finance\Budget Amendments and Transfers\FY2022-23\Current Year Budget Amend ment\FY22-23 Cemetery Budget Amendment Me morial Fifid Amendment 122 59- CITY OF BOYNTON BEACH BUDGET AMENDMENTS BUDGET YEAR 2022-23, Commission Meeting 9/14/23 2022/23 PROJECT/PO AMENDED NUMBER BUDGET SOLID WASTE FUND 632 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 632-3110-539.49-17 OTHER CONTRACTUAL SRVS Adopted Fund Total Expenses Amendment Exhibit A 2022/23 AMENDED Revenue Budget BUDGET Vendor/Comments 2,974 40,000 42,974 26,674 40,000 0 66,674 13,124 40,000 53,124 26,674 40,000 66,674 S:\Finance\Budget Amendments and Transfers\FY2022-23\Current Year Budget Amend ment\FY22-23 Cemetery Budget Amendment Me morial Fifid Amendment 123 59 PM EXHIBIT A '7777'77 ................................... 561-996-4488 Office 390 US Highway 27 North South Bay, Florida 33493 561-996-6805 Fax July 14, 2023 City of Boynton Beach Boynton Beach, FL. RE: Electrical- 1611 Seacrest Blvd. Mausolm Electrical Service Grid -One Electrical Construction, Inc. is pleased to provide labor, material, and equipment for the construction of the above referenced project. Scope: 1. Provide personnel and equipment to install underground new conduit and wire for 200amp utility service to the Mausolm metercan. 2. Re -stoning or granite of metercan wall by others, we must concrete chip the wall to intercept existing panel feeder conduit. 1. Journeyman 210 hours $70.00/hr $14,700.00 2. Material Pipe, wire, fitting, etc $16,053.00 3. Equipment Mini. Excavator $1,896.00 4. Bore Bore under road $2,200.00 S. Drawing Permit Drawing $3,000.00 6. Permitting Permit fees $ 1,500.00 Total Cost: $39,349.00 = «M Chris Stanley Grid -One Electrical Construction, Inc. 124 YOUR PARTNER FOR SOLID WASTE SOLUTIONS September 8, 2022 Mrs. Connie Deaton Grid -One Electrical Construction, Inc. 390 US Highway 27 North South Bay, FL 33493 SENT VIA ELECTRONIC MAIL Subject: Contract Award Bid Number: 22-25/LB Title: Facilities Maintenance Support - (Certified S/M/WBE Only) Term: September 9, 2022 through September 8, 2024 Dear Mrs. Deaton, This is to advise you that on September 8, 2022 the Solid Waste Authority of Palm Beach County accepted your offer per Bid No. 22-25/LB for Facilities Maintenance Support- Pool Contractors (Certified SBE Only) Group 1 - General Electrical and Group 2 - Industrial Electrical and made a conditional award to your firm as the Primary Awardee. This award and any subsequent issuance of Purchase Order(s) are subject to compliance with the bid specifications, terms, and conditions. This notification is not a contract award or a purchase order. Purchase Order(s)/Blanket Purchase Orders will be issued on an as -needed basis. Please provide your certificate of insurance per the insurance requirements outlined in the bid. Your insurance company must have the Solid Waste Authority of PBC, Florida, NAMED AS AN ADDITIONAL INSURED. The certificate of insurance must reference the above bid number. Purchase order(s) will not be issued until your certificate is in compliance. Additionally, all Vendors doing business with the AUTHORITY are required to register and/or maintain active status in the AUTHORITY'S Vendor Registration System prior to issuance of a Purchase Order. Thank you for your bid and we are looking forward to doing business with you and your company. Sincerely, ze4"U4 Fewwd, Leonardo Bermudez, Sr. Buyer Purchasing Services cc: Miguel Diaz Bid file 7501 North Job Road, West Palm Beach, Florida 33412 (561) 640-4000 FAX (561) 640-3400 125 8 e 9 6.13 Consent Agenda 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Purchases for over $10,000 - August 2023 Requested Action: Accept the written report to the Commission for purchases over $10,000 for the month of August 2023. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $49,999 bid threshold for personal property, commodities, and services, or $200,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for August 2023: 231615 ARCHIVE SOCIAL $ 14,388.00 231616 ALAN JAY CHEVROLET $ 28,950.00 231620 RPM GENERAL CONTRACTORS, INC. $ 15,250.00 231621 HOMRICH CORPORATION $ 163,000.00 231629 CIVICPLUS LLC $ 20,715.48 231630 ALAN JAY CHEVROLET $ 28,950.00 231635 LORI LEHR INC. $ 25,000.00 231637 2GHO INC. LANDSCAPE, ARCHITECTS $ 25,800.00 231650 ATLANTIC SOUTHERN PAVING & $ 11,778.50 SEALCOATING 231654 SPECIAL PROPERTY APPRAISALS, LLC $ 24,800.00 231657 SOUTHEAST TRUCK SPECIALISTS $ 13,279.98 231660 XYLEM WATER SOLUTIONS USA, INC. $ 22,233.80 231664 XYLEM WATER SOLUTIONS USA, INC. $ 10,584.00 231667 TRANE (WPB) $ 25,048.24 231669 ANZCO, INC. $ 163,875.00 231672 GT DISTRIBUTORS, INC. - AUSTIN $ 19,056.00 127 231687 DANA SAFETY $ 32,730.00 231690 BENNETT FIRE PRODUCTS COMPANY $ 38,763.36 231693 MADSEN/BARR COPORATION $ 13,115.75 231709 VTECHHIO $ 48,700.34 231711 ALL COUNTY PAVING $ 12,710.30 231712 SUPERION, LLC $ 20,021.48 231720 AMERICAN/INTERSTATE SIGNCRAFTERS $ 13,937.00 231721 ATLANTIC SOUTHERN PAVING & $ 16,385.00 SEALCOATING 231724 STANDING OVATIONS, LLC $ 33,500.00 231728 MADSEN/BARR COPORATION $ 175,492.50 231731 JAVY ORTIZ NURSERY, INC. $ 14,972.50 231735 HOMRICH CORPORATION $ 27,000.00 231736 HOMRICH CORPORATION $ 42,000.00 231737 DELL FINANCIAL SERVICES, LLC $ 14,987.10 231738 EMPIRE OFFICE INC. $ 12,202.14 231740 SOUTHERN SEWER EQUIPMENT SALES $ 21,000.00 231748 STAR CONTROLS, INC. $ 48,275.00 231750 STEP CG, LLC. $ 12,813.50 231751 THE METROPOLITAN CENTER @ FAU $ 25,000.00 231752 INFORMATION CONSULTANTS INC. $ 48,103.83 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Attachments: Purchases over $10k August 2023.pdf 128 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2023 1. Vendor: ARCHIVE SOCIAL Purchase Amount: $ 14,388.00 Requesting Department: PUBLIC INFORMATION Contact Person: CHELSEA SANABIA Date: 8/l/2023 Brief Description of Purchase: RENEWAL OF ANNUAL SUBSCRIPTION FOR SOCIAL MEDIA RECORD KEEPING. Source for Purchase: SUBSCRIPTION RENEWAL Fund Source: 001-1215-519.46-91 001-2111-521.46-91 2. Vendor: ALAN JAY CHEVROLET Purchase Amount: $ 28,950.00 Requesting Department: PUBLIC WORKS / FLEET Contact Person: DAVE PERSAD Date: 8/1/2023 Brief Description of Purchase: PURCHASE OF 2024 FORD MAVERICK SUPER CREW TO REPLACE VEHICLE 42002 FOR COMMUNITY STANDARDS. Source for Purchase: PIGGYBACK SOURCEW ELL CONTRACT Fund Source: 501-2516-519.64-33 # 091521 3. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $ 15,250.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/l/2023 Brief Description of Purchase: MINOR CONSTRUCTION -EAST WATER TREATMENT PLANT - RESTROOM REPAIR/RENOVATIONS Source for Purchase: COBB # 028251120 Fund Source: 403-5000-533.46-10 TASK ORDER # U-28-2023 4. Vendor: HOMRICH CORPORATION Purchase Amount: $ 163,000.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/l/2023 Brief Description of Purchase: MINOR CONSTRUCTION -RENOVATION OF 3 MILLION STORAGE TANK Source for Purchase: COBB # 028251120 Fund Source: 403-5000-533.46-10 TASK ORDER # U-24-2023 5. Vendor: CIVICPLUS LLC Purchase Amount: $ 20,715.48 Requesting Department: ITS Contact Person: FRED HARRIS Date: 8/2/2023 Brief Description of Purchase: FIRST YEAR PURCHASE OF EMERGENCY MASS NOTIFICATION PLATFORM. Source for Purchase: PIGGYBACK GSA CONTRACT # GS -35F -0124-U Fund Source: 001-1510-513.46-91 6. Vendor: ALAN JAY CHEVROLET Purchase Amount: $ 28,950.00 Requesting Department: PUBLIC WORKS / FLEET Contact Person: DAVE PERSAD Date: Brief Description of Purchase: PURCHASE 2024 FORD MAVERICK SUPER CREW 2WD TO REPLACE VEHICLE # 2211 FOR UTILITIES Source for Purchase: PIGGYBACK SOURCEWELL CONTRACT #0915210- Fund Source: 501-2516-519.64-33 NAF 7. Vendor: LORI LEHR INC. Purchase Amount: $ 25,000.00 Requesting Department: UTILITIES Contact Person: ANGELA PRYMAS Date: 8/4/2023 Brief Description of Purchase: ASSISTANCE WITH THE RESILIENT FLORIDA 2023 GRANT CYCLE. Source for Purchase: COBB # UTL23-001 Fund Source: 403-5000-536.31-90 PROJECT # US2305 TASK ORDER # CRSUTL-03-2023 8. Vendor: 2GHO INC. LANDSCAPE, ARCHITECTS Purchase Amount: $ 25,800.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/4/2023 Brief Description of Purchase: WEST WATER TREATMENT PLANT EXTERIOR RENOVATION. DESIGN PHASE. Source for Purchase: COBB # 046282114 Fund Source: 403-5000-533.46-10 TASK ORDER UT -1 E-08 129 9. Vendor: ATLANTIC SOUTHERN PAVING & SEALCOA Purchase Amount: $ 11,778.50 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 8/8/2023 Brief Description of Purchase: DRIVEWAY REPAIR AT VARIOUS LOCATIONS Source for Purchase: COBB # PWE22-008 Fund Source: 401-2815-536.46-42 TASK # 185 10. Vendor: SPECIAL PROPERTY APPRAISALS, LLC Purchase Amount: $ 24,800.00 Requesting Department: HUMAN RESOURCES Contact Person: MORGAN CHALOUPKA Date: 8/9/2023 Brief Description of Purchase: RISK CONSULTANT GROUP. EXPERT APPRAISER. Source for Purchase: CONFIRMING Fund Source: 522-1710-519.45-16 11. Vendor: SOUTHEAST TRUCK SPECIALISTS Purchase Amount: $ 13,279.98 Requesting Department: PUBLIC WORKS Contact Person: RASHEED HOSEIN Date: 8/10/2023 Brief Description of Purchase: REPAIR TO VEHICLE # 1983. AUTOCAR REFUSE TRUCK VIN # C330995 Source for Purchase: THREE QUOTES Fund Source: 522-1710-519.49-22 12. Vendor: XYLEM WATER SOLUTIONS USA, INC. Purchase Amount: $ 22,233.80 Requesting Department: UTILITY ADMIN Contact Person: MARC FILSAIME Date: 8/10/2023 Brief Description of Purchase: REPLACE ALL OF THE WEAR ITEMS IN THE HYDRAULIC END OF THE PUMP THAT ARE WORN OUT, AS WELL AS REWORKING OF DISCHARGE FLANGE FOR LIFT STATION 504. Source for Purchase: SINGLE SOURCE Fund Source: 401-2816-536.46-51 13. Vendor: XYLEM WATER SOLUTIONS USA, INC. Purchase Amount: $ 10,584.00 Requesting Department: UTILITIES Contact Person: MARC FILSAIME Date: 8/10/2023 Brief Description of Purchase: REPAIR TO PUMP AT LIFT STATION #356. STATOR BURNT Source for Purchase: SINGLE SOURCE Fund Source: 401-2816-536.46-51 14. Vendor: TRANE (WPB) Purchase Amount: $ 25,048.24 Requesting Department: UTILITIES Contact Person: BRYAN HELLER Date: Brief Description of Purchase: TWO WEEK RENTAL OF CHILLER AT DES, WHILE REPAIR DONE ON EXISTING CHILLER. Source for Purchase: SINGLE SOURCE Fund Source: 401-2805-536.44-30 401-2805-536.49-17 15. Vendor: ANZCO, INC. Purchase Amount: $ 163,875.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/11/2023 Brief Description of Purchase: MINOR CONSTRUCTION - EWTP ROOF DRAINAGE AND REPLACEMENT OF INDOOR OVERHEAD PIPING WHICH PRESENT A SAFETY CONCERN Source for Purchase: COBB # 028251120 Fund Source: 403-5000-533.65-02 PROJECT # WT2319 TASK ORDER # U-25-2023 16. Vendor: GT DISTRIBUTORS, INC. -AUSTIN Purchase Amount: $ 19,056.00 Requesting Department: POLICE Contact Person: SGT. McDEAVITT Date: 8/11/2023 Brief Description of Purchase: PURCHASE OF ADDITIONAL AMMUNITION NEEDED FOR SIX (6) NEW HIRES. Source for Purchase: THREE QUOTES Fund Source: 001-2112-521.52-50 17. Vendor: DANA SAFETY Purchase Amount: $ 32,730.00 Requesting Department: POLICE DEPARTMENT Contact Person: JOSE RIVERA Date: 8/14/2023 Brief Description of Purchase: PURCHASE OF NEW EQUIPMENT FOR NEWLY IMPLEMENTED EMERGENCY FIELD FORCE TEAM Source for Purchase: COBB # 112211121 Fund Source: 001-2112-521.52-51 130 18. Vendor: BENNETT FIRE PRODUCTS COMPANY Purchase Amount: $ 38,763.36 Requesting Department: FIRE Contact Person: CHIEF BRUDER Date: 8/15/2023 Brief Description of Purchase: PURCHASE SAFETY GEAR FOR INSTRUCTORS. Source for Purchase: PIGGYBACK LAKE COUNTY CONTRACT Fund Source: 001-2210-522.52-23 #22-730 19. Vendor: MADSEN/BARR COPORATION Purchase Amount: $ 13,115.75 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 8/15/2023 Brief Description of Purchase: EMERGENCY REPAIRS TO MASTER LIFT STATION 4317 Source for Purchase: COBB # 0192282119 Fund Source: 403-5000-535.65-04 PROJECT # SW2306 20. Vendor: VTECHHIO Purchase Amount: $ 48,700.34 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 8/16/2023 Brief Description of Purchase: ANNUAL RENEWAL OF QUALYS VULNERABILITY AND PATCH MANAGEMENT SYSTEM Source for Purchase: PIGGYBACK CPA CONTRACT # 001-86 Fund Source: 001-1510-513.46-91 21. Vendor: ALL COUNTY PAVING Purchase Amount: $ 12,710.30 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 8/16/2023 Brief Description of Purchase: REGRADE SWALE TO CONFORM TO COBB'S STANDARDS. CAMPANELLI BLVD AND SW 21ST AVENUE Source for Purchase: COBB # PWE22-008 Fund Source: 001-251-541.49-17 TASK # 184 22. Vendor: SUPERION, LLC Purchase Amount: $ 20,021.48 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 8/16/2023 Brief Description of Purchase: NAVILINE USER INTERFACE WHICH ALLOWS CITY TO EFFICIENTLY HANDLE ESSENTIAL TASKS INCLUDING PROCUREMENT MANAGEMENT, PAYROLL MANAGEMENT, EMPLOYEE BENEFITS. Source for Purchase: CONFIRMING Fund Source: 001-1510-513.49-17 23. Vendor: AMERICAN/INTERSTATE SIGNCRAFTERS Purchase Amount: $ 13,937.00 Requesting Department: LIBRARY Contact Person: CRAIG CLARK Date: 8/18/2023 Brief Description of Purchase: DELIVERY AND INSTALLATION OF CITY HALL/ LIBRARY SIGNAGE. Source for Purchase: THREE QUOTES Fund Source: 303-4199-580.62-01 24. Vendor: ATLANTIC SOUTHERN PAVING & SEALCOATING Purchase Amount: $ 16,385.00 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 8/18/2023 Brief Description of Purchase: THERMOGRAPHING STRIPING - 6" WHITE EDGE LINES AT PALM BEACH LEISUREVILLE. Source for Purchase: COBB # PWE22-008 Fund Source: 303-4905-541.49-17 25. Vendor: STANDING OVATIONS, LLC Purchase Amount: $ 33,500.00 Requesting Department: CITY MANAGER'S OFFFICE Contact Person: GABRIELLE FAVITTA Date: 8/18/2023 Brief Description of Purchase: EVENT MANAGEMENT ASSISTANCE FOR PIRATE FEST 2023 Source for Purchase: SINGLE SOURCE Fund Source: 001-1213-519.48-24 26. Vendor: MADSEN/BARR COPORATION Purchase Amount: $ 175,492.50 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 8/23/2023 Brief Description of Purchase: EMERGENCY 20 INCH FM REPAIRS AT MASTER LIFT STATION 356. Source for Purchase: CONFIRMING Fund Source: 403-5000-535-65.04 131 27. Vendor: JAVY ORTIZ NURSERY, INC. Purchase Amount: $ 14,972.50 Requesting Department: RECREATION & PARKS Contact Person: FRANKY LAZO Date: 8/23/2023 Brief Description of Purchase: LANDSCAPE IMPROVEMENTS TO JAYCEE PARK. Source for Purchase: THREE QUOTES Fund Source: 141-2730-572.63-21 28. Vendor: HOMRICH CORPORATION Purchase Amount: $ 27,000.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/23/2023 Brief Description of Purchase: MINOR CONSTRUCTION -RENOVATIONS TO EXISTING LIFT STATION # 309 Source for Purchase: COBB # 028251120 Fund Source: 403-5000-535.46-51 TASK ORDER # U-23-2023 29. Vendor: HOMRICH CORPORATION Purchase Amount: $ 42,000.00 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/23/2023 Brief Description of Purchase: RENOVATIONS TO EXISTING LIFT STATION 4356 Source for Purchase: COBB # 028251120 Fund Source: 403-5000-535.46-51 TASK ORDER # U-29-2023 30. Vendor: DELL FINANCIAL SERVICES, LLC Purchase Amount: $ 14,987.10 Requesting Department: POLICE Contact Person: KARL MARACOTTA Date: 8/25/2023 Brief Description of Purchase: REPLACING DESKTOPS THAT ARE NO LONGER UNDER WARRANTY AND SUPPORT THAT CANNOT BE FIXED. Source for Purchase: PIGGYBACK STATE OF FLORIDA CONTRACT Fund Source: 001-2112-521.52-20 # 43211500-W SCA -15 -ACS 31. Vendor: EMPIRE OFFICE INC. Purchase Amount: $ 12,202.14 Requesting Department: UTILITIES Contact Person: GAIL MOOTZ Date: 8/25/2023 Brief Description of Purchase: PURCHASE AND INSTALL OFFICE FURNITURE FOR NEW AND RELOCATED STAFF MEMBERS. Source for Purchase: PIGGYBACK STATE CONTRACT # 56120000 -19 -ACS Fund Source: 403-5000-533.65-02 PROJECT # WT2303 32. Vendor: SOUTHERN SEWER EQUIPMENT SALES Purchase Amount: $ 21,000.00 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 8/25/2023 Brief Description of Purchase: PURCHASE NECESSARY EQUIPMENT FOR GARBAGE TRUCK # 1874 Source for Purchase: COBB # 029141219 Fund Source: 501-5000-590.09-85 33. Vendor: STAR CONTROLS, INC. Purchase Amount: $ 48,275.00 Requesting Department: UTILITIES Contact Person: JUAN CUESTA Date: 8/29/2023 Brief Description of Purchase: PURCHASE AND INSTALLATION OF LIFT STATION SOFTWARE. Source for Purchase: SOLE SOURCE Fund Source: 403-5000-535.46-91 PROJECT # SW2315 34. Vendor: STEP CG, LLC. Purchase Amount: $ 12,813.50 Requesting Department: POLICE Contact Person: KARL MARACOTTA Date: Brief Description of Purchase: PURCHASE OF NETWORK EQUIPMENT FOR TWO REMOTE CAMERA SITE LOCATIONS. Source for Purchase: PIGGYBACK STATE CONTRACT # Fund Source: 001-2112-251.64-15 43220000-NASPO-19-ACS 001-2112-521.46-91 132 35. Vendor: THE METROPOLITAN CENTER @ FAU Purchase Amount: $ 25,000.00 Requesting Department: ECONOMIC DEVELOPMENT Contact Person: JOHN DURGAN Date: 8/30/2023 Brief Description of Purchase: FINAL PAYMENT FOR CONSULTING SERVICES. ECONOMIC DEV PLAN FINALIZED IN JULY 2023 Source for Purchase: CONFIRMING Fund Source: 001-2419-559.49-17 36. Vendor: INFORMATION CONSULTANTS INC. Purchase Amount: $ 48,103.83 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 8/30/2023 Brief Description of Purchase: MAINTENANCE FOR CITY OF BOYNTON BEACH LASERFICHE SYSTEM Source for Purchase: COBB # 010151021 Fund Source: 001-1510-513.46-91 401-2821-536.46-91 001-5001-590.49-17 133 6.0 Consent Agenda 10/3/2023 Bid Extensions and Piggy -Back Under $100,000. Requested Action: Approve the one-year extension for RFPs/RFQs/Bids and/or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for October 3, 2023 - "Request for Extensions and/or Piggy -backs." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL TERM AMOUNT Piggy -Back Elevator Industry OMNIA Partners Annual Estimated Thyssen -Krupp Equipment, Contract October 1, 2023 —Expenditure Elevator Repair, Related Agreement # September 30, Corporation Products and R200502 - COBB 2024 Services Resolution R20- $75,000 137 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 the line items as noted on the attached report. 134 Attachments: $100K under REQUEST FOR BID EXTENSIONS October 3 2023 Report R200502_Thyssen kru pp_Ren ewal 2023-2024 135 REQUESTING DEPARTMENT. Melvin Stinson DEPARTMENT CONTACT: Public Works, Facilities Maintenance TERM: October 1, 2023 to September 30, 2024 SOURCE FOR PURCHASE: Piggy -Back OMNIA Partners Contract Agreement R200502 COBB Resolution R20-137 ACCOUNT NUMBER: 001-2511-519-49.17 — Facilities Management 001-2612-571-46.20 — Library for Schoolhouse Museum 401-2821-536-49.17 — Utilities Administration Building 4,000 401-2811-536-49.17 — West Water Treatment Plant 4,000 VENDOR(S): Thyssen -Krupp Elevator Corporation ANNUAL ESTIMATE: $75,000 DESCRIPTION: On December 15, 2020, City Commission approved the piggy -back of OMNIA Partners contract R200502 and authorized the City Manager to sign a three-year Agreement with Thyssen -Krupp Elevator Corporation of Kennesaw, GA for the annual elevator inspections and services/repairs. The Agreement was for an initial three (3) years with the option for two additional one-year periods through September 30, 2025. OMNIA Partners renewed the contract with Thyssen -Krupp Elevator Corporation for a one-year term. Approve the renewal for the one-year term October 1, 2023 through September 30, 2024. I2 DocuSign Envelope ID: 28F580D8-2A18-4418-13943-EB43DD59F9613 April 28, 2023 Mr. Jeff Jaudes Jeff. Jaudeskthyssenla-upp. com National Account Manager thyssenkrupp Elevator 3100 Interstate N Circle, SE Suite 500 Atlanta, GA 30339 Re: Renewal Award of Contract #R200502 Dear Mr. Jaudes: Per official action taken by the Board of Directors of Region 4 Education Service Center on April 25, 2023, Region 4 ESC is pleased to announce that thyssenkrupp Elevator has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on April 7, 2020, and subsequent performance thereafter: Contract Elevator Industry Equipment, Repair, Related Products and Services The contract will expire on September 30, 2024, completing the fourth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Fred Flores, at (713) 554-0494 or fred. floreskomniapartners. com. The partnership between thyssenkrupp Elevator, Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, DocuSigned by: 30EE15BFEF1C4C6... Robert Zingelmann Chief Financial Officer, Finance and Operations Services lc��,ieru / 1:c#u� aGiora `rc r��u:c�C.a�it<:r * 71 �i.�x Waat �1is:hvcll I�ra<# • [ 3�rGi�roea, �l'vxas?�tl'1?..2€?4)(i Phonc:713A02.77/08- Fax: 713.7/4/4.05 Hi - Nvww.�.sczi. tic t PAM Ak'dk Ed. D., C XCUti%'� L)iKr L(r 137 6.D Consent Agenda 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Resolution No. R23-136- 1st Amendment to Athletic Angels Foundation, Inc. Facility Use Agreement Requested Action: Approve amendment to facility use agreement between Athletic Angels Foundation, Inc. and the City of Boynton Beach to provide for additional time to obtain permits and site plan approval. Explanation of Request: On April 11th, 2023, the City Commission approved a Facility Use Agreement between Athletic Angels Foundation, Inc. and the City of Boynton Beach. Since that time City staff and Athletic Angels have been working to finalize the proposed improvements and coordinate the design, permitting, and site plan approval for all parties involved. Athletic Angels have requested additional time to seek final permits and site plan approval which is anticipated to be complete by December 31st, 2023. Attached is a letter from Athletic Angels Foundation requesting the time extension. Staff recommends granting the time extension to allow Athletic Angels Foundation time to secure all permits and site plan approval for the intended project. How will this affect city programs or services? There is no affect to City programs or services as a result of the time extension. Fiscal Impact: There is no fiscal impact to the City. Attachments: R23-136 Resolution approving First Amendment to Agreement with Athletic Angels 1st Amendment to Agreement with Athletic Angels Foundation Extension Request R23-044 - Original Agreement 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. R23-136 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO FACILITY USE AGREEMENT BETWEEN ATHLETIC ANGELS FOUNDATION, INC. AND THE CITY OF BOYNTON BEACH TO PROVIDE FOR ADDITIONAL TIME TO OBTAIN PERMITS AND SITE PLAN APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 11th, 2023 the City Commission approved a Facility Use Agreement between Athletic Angels Foundation, Inc. and the City of Boynton Beach; and WHEREAS, City staff and Athletic Angels have been working to finalize the proposed improvements and coordinate the design, permitting, and site plan approval for all parties involved; and WHEREAS, Athletic Angels have requested additional time to seek final permits and site plan approval which is anticipated to be complete by December 31st, 2023; and WHEREAS, Staff recommends granting the time extension to allow Athletic Angels Foundation additional time to secure all permits and site plan approval for the intended project; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the Mayor to sign the First Amendment to facility use agreement between Athletic Angels Foundation, Inc. and the City of Boynton Beach to provide for additional time to obtain permits and site plan approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 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 upon adoption 29 hereof. 30 Section 2. The City Commission hereby approves and authorizes the Mayor to 31 sign the First Amendment to facility use agreement between Athletic Angels Foundation, Inc. 32 and the City of Boynton Beach to provide for additional time to obtain permits and site plan 33 approval. A copy of the Amendment is attached hereto and incorporated herein by reference S:\CA\RESO\Agreements\Approve First Amendment To Agreement With Athletic Angels - Reso.Docx 139 34 as Exhibit "A". 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 3rd day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:\CA\RESO\Agreernents\Approve First Amendment To Agreement With Athletic Angels - Reso.Docx 140 FIRST AMENDMENT TO SPORTS FACILITY USE AGREEMENT THIS FIRST AMENDMENT TO THE SPORTS FACILITY USE AGREEMENT ("First Amendment") is made to be effective as of this day of , 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City"), and ATHLETIC ANGELS FOUNDATION, M., a Florida not-for-profit corporation (hereinafter referred to as "Angels"); hereinafter referred to collectively as the „parties". RECITALS WHEREAS, the City and Angels entered into that certain Sports Facility Use Agreement dated April 11, 2023, for the purpose of the Angels' use, operation and maintenance of Field #1 at Little League Park in the City of Boynton Beach (the "Original Agreement"), and WHEREAS, the panties wish to amend the Original Agreement to provide for an extension of the completion date, and the date for Angels to submit and receive approval of all permits and site plan for the Project. NOW, THEREFORE, in consideration of the premises and other good and valuable considerations herein acknowledged and received, the parties agree as follows: 1. Recitals; Terms. The foregoing recitals are true and correct and are incorporated herein. Capitalized terms not defined herein will have the meaning ascribed to them in the Agreement. 2. That the City and Angels agree to amend Article 6.1 of the Original Agreement to read as follows: The Angels shall have until December 31, 2023 to submit all required documents and receive any and all permits for the Project. Prior to receipt of anypermits for the Projectf-orn the City, the Angels shall be required to receive final site plan approval fi-oni the City Commission of the City of Boynton Beach. Upon approval of the final site plan by the City Commission and once the permits are received by the Angels, the Project Manger shall instruct Angels to commence the Construction Phase of the Project by written instructions in the form of a Notice to Proceed issued by the City. Construction of the project shall commence within seven (7) calendar days of the Project initiation date specified in the Notice to Proceed (the "Construction Commencement Date'), The Notice to Proceed will not be issued until after execution of this Agreement by both parties and receipt and approval by the City of all required documents, including a task and delivery -oriented project timeline. 141 3. All other terms and provisions of the Original Agreement not otherwise modified by this First Amendment are hereby ratified and confirmed and shall remain in full force and effect. ANGELS: Athletic Angels Foundation, Inc. a Florida not for profit corporation {00553463.1 306-9905631 2 CITY: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Ty Penserga, Mayor 142 09/25/2023 City of Boynton Beach: I am writing in reference to the Sports Facility Use Agreement between the City of Boynton Beach and Athletic Angels, Inc., dated April 11, 2023. 1 would like to request an extension to the 180 day requirement to obtain any and all permits for the project as outlined in Section 6.1, Section 6.1 Upon execution of this Agreement by both parties, the Angels shall have one hundred eighty (180) calendar days to submit all required documents and receive any and all permits for the Project. Prior to receipt of any permits for the Project from the City, the Angels shall be required to receive final site plan approval from the City Commission of the City of Boynton Beach. The agreement only requires us to obtain the approval of the City Commission, to obtain the permits. Recently, there have been additional requests made that include a pre -app meeting even though we were told we did not need one, obtain a variance on the code that requires a fence not be higher than 8 feet tall, and obtain major site plan approval, all prior to going to City Council and submitting for permits. This project is fully capitalized, and all our contractors are ready to start work once these additional requirements from the City are cleared. We have engaged LTG Sports Turf One for the project because they are a Boynton Beach based specialty contractor that specializes in the design and construction of sports fields and due to their experience in working with the City. I have also attached the design work we have already submitted for your review. We are happy to comply with all the additional requests but are asking that the deadline be moved to December 31, 2023 to allow time for us to comply with the additional City requests. Thank you for your time and consideration. /Athletic Angels Foundation s Performance Center of South Florida 378 Hillsboro Technology Drive - Deerfield Beach, FL 33441 T-954-449-0850 Iq T Ln cq coQ CD X uaU co 7 ) w z -i 000 dp W 0 J ------------- ci C) LL) ku< Z O(D LLI Q) LL cf( w Omuj ubo 0 0, >- L co <. I-- Ell en _ z 0 :3 ti T 00 Z -J" w 7, �7 00 Z 0 0 T 6 w C)Dd < LIJ R 16 M (Y. 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"'.ISCYIrC MS --- i r f r� gwx'nw wan.c.r rxrw 4o �sff�l a^re'+,.rz.aa-Sxl•aw.,da\�^�"�1..rml 4a�..��Iw.g ,o..las-erw-eayCida\e.w..iA,.n �d I ti Ln T ' Ln . ...... ............. .... . . ........ .... -=%xx = H3VIq NOINAOS dO A113 G�.'KCHOV39 NOINACS JO AMO '3nOV:11 T1LL11 HDV�19 NOINA09 .119 NOMWOM•KAAV8D 1111%1.11 V n ml B"M U9 Hau p11 a Hop 1.0b at P P 01 Co HN No a bra AMA I gu� RON r- T' ,P "� 4 lop n HH" OT8 ai U8 L' 1i NUNN ' Ln - -.. I —,',o — (a-,7] 1., — -,, 0) Lo T- t 7� HOV-38 NO LNAO8 -10),110 9MCHOW12 NOINA09 JO �dlDcy 3MV-91 Allill HOV�fl NOINADA nq S .......... ---------- ----- 12 W� .5 t 114 0 I El F, offilm ----------- -- — - -.. I —,',o — (a-,7] 1., — -,, 0) Lo T- 0 m T O R23-044 A RESOLUTION # w O #! BEACH, w1I A 4 APPROVING ww R M iA11 IIFAUTHORIZING 1! Y Y i w MAYOR Iw w �I Y SIGN t FACILITY AGREEMENT w ATHLETIC ANGELS 6 FOUNDATION, INC, A FLORIDA NOT FOR PROFIT CORPORATION • USE APPROPRIATELY, " t AND + PERFORM At '', FIELD #1 A LEAGUE PARK; A PROVIDING . A DATE. 10 11 WHEREAS, the City and Athletic Angels Foundation, Inc. agreed, in principle, to move 1.2 forward with authorizing Athletic Angels Foundation, Inc. use of Field #1 at Little League Park 1.3 for appropriate use, operation, and sole responsibility of field maintenance, and 14 WHEREAS, Athletic Angels has agreed to complete Little League park improvements 1.5 that include; repair and/or replace all infield and outfield surface area for Field #1, repair 16 and/or replace all fencing and netting as required by assessment for Field #1p enhance 17 existing dugouts for Field #1, install new outfield feature wall with high netting for Field #1, 18 construction, renovation, and repair of existing Field #4 (proposed Field #), to convert and 19 install ADA accessible synthetic turf; and 20 WHEREAS, proposed operations, Field #1 field maintenance, and Little League Park. 21 improvements will complement the City of Boynton Beach operations of Little League Park 22 which will enhance facility usage for the program participants and City residents, and 23 WHEREAS, the City Commission has determined that it is in the best interests of the 24 residents of the City to approve and authorize the Mayor to Sign a Facility Use Agreement 25 with Athletic Angels Foundation„ Inc. a Florida Not for Profit Corporation to use appropriately, 26 operate, and perform maintenance of Field 1 at Little League Park. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY CME 28 BOYNTON REACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission hereby approves and authorizes the Mayor to 33 Sign a Facility Use Agreement with Athletic Angels Foundation, Inc. a Florida Not for Profit Sr \CA\it'ESO\ gig e ,wnetits\A i,c nient 'W'ith Athletic; tV.xx,gels, For Use Of Eeld I At LLP .. Reso.Docx 161 E 34 Corporation to use appropriately, operate, and perform maintenance of Field 1 at Little 35 League Park. A copy of the Agreement is attached hereto and incorporated herein by 36 reference as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 11'"' day of April, 2023. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 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 AT S 56 57 58 esu.... Mayleep �s, MP MC Ty 'Pw�'e'- City Clerk ? 59 k Major 60 61 APP OV�D AS TO F,,ORMV 62 (Corporate Seal) ��OON 63 64 65 t Michael D. Cirullo, Jr. 66 City Attorney S:\CA\P,[-"SO\Agrecineiits\Agreeiiietit Willi Athletic Angels For Use Offield I At LLP - Reso.Docx 162 ISPORTS FACILITY USE AGREEMENT 'I'flISA(�YR.L'L,'MENI'isin,t(�icatideriteredi.titotli.is-/ lay0f 2023 (the "Effective Date") by and between the City of Boynton Beach,.11orida municipal corporation (herefirafter referred to as the "City"), and Athletic Angels Foundation, Inc., a Florida not for profit corporatiou (hereinafter referred to as "Angels"), WHEREAS, the City is the owner of that certain parcel of real property located at 300 W. Woolbriglit, R,d,, Boynton Beach, Palm peach County, Florida more fully depicted as E.xhibit "A" ("Property"); and WHEREAS, to facilitate the operation, and inainteriance of Field I by Angels, tht City agrees to lease a portion of, and grant certain rights, and privileges with. respect to, the Property ("Facility 11rqperty") as shown on Exhibit "A" to Angels upon and subject to the conditions and limitations hereinafter expressed (such lease being referred to herein as the ""\. round Leasc"), NOW, 'ITTFRUORE, in consideration of the mutual covenants and promises hereafter set forth, the City and Angelsa.gree as follows. - ARTICLE L DEFINITIOMS'. For the purposes of this Agreetnent. and the various covenants, conditions, terms, and provisions that follow, the Definitions set ft..)rth below are assumed to be true and correct and are agreed upon by the parties: 1A CITY: '.fire City of Boynton Beach, a 1-1orida municipal corporation, 1..2 cl'rYS DESKINATED REPRESENTA,rivi: Director of Recreation and Parhs Department. 1.3 CONSULTANT: A registered architect, professional engineer, professional land surveyor, civil eirgirieer, and/or registered landscape architect who has contracted with orwho is employed by the Clity or Angels to provide professional services fior the design or construction of the Protect and who is licensed by the State of Florida to provide said services. L4 CONTRAC.'"I': This Agreement between the City and Angels for this ProJect, all as defined herein. As used herein, the term Contraa shall mean the carne as Agreenrent. L5 CONTRACTOR: A general contractor hired by Angels for the construction of the Proj.ect and who, is licensed by the State of Florida to provide said services, L6 CONTRAC' DOC'UMENTS: Angels' plans, specifications, drawings, and/or (0054458112 306,905631 ) 163 other written or graphic niaterials that are to be developed by the Consultant as part. of the record of this Agreement; this Agreement, the performance and payment bond, the design documents, the construction documents, the Purchase Order, and any additional documents relevant to the Project and are required by this Agreement, 1.7 COMMISSION: The City Commission, AvIiich is the governing body of the City of Boynton Beach, Florida. L8 ANGELS: Athletic Angels foundation, lire. A 1.9 ANG ELS'DESIGNATED REPRESENTATIVE.- Mike Barwis 1.1 CI FACILITY: Field I at the F"ast Boynton Little League complex, as further depicted in Exhibit "A", I . I I FINAL COMPLE11ON: The date certified by the City that all construction work on the Project is fully and finally complete tinder this Agreement. 1.12 FORCE MAJEURE: Acts of (Jod; hurricane; war; acts of terrorism', civil commotion; fire, or other casualty; labor difficulties; shortages of labor, materials or equiparent or any inability to obtain necessary materials, goods, equiptilent, services, utilities or labor; government. regulations; or other causes beyond such party's reasonable control,, 1,13 INSPECTOR: An authorized representative ofth.e City assigned to make necessary inspections of materials furnished by Angels and of the work perforrned by Angels, 1.14 MATI.�.JAL: Materials incorporated in this Project that are used or consurned in. the perfomiance oftheNvork, ,I , 15 NOTICE OF COMPJJ_-,,Tl0N: 'Fhe date certified by the Consultant that all conditions ofthe permits and regulatory agencies have been niet, all, constructiorl, reconstruction, or rehabilitation, inClUdirig corrective work, bas been performed, and all adnirrustrative requiremetits of the Contract DOCLUTICIAS have been completed, and the City has received from Angels as release of all, liens, release of surety, certificate of indemnification by Angels, release of claims by Angels, and corrected as- built drawings, 1,16 NOT CEI TO PROCEED: A written Notice to Proceed (ora Purchase Order) issued by the Project Manager. 1,17 PLANS ANWOR DRAWINGS� The official graphic representations of this Project that, upon written approval offlie Project Manager, shall become a pact: of the Contract Documents, as well as the preliminary Plans and drawings and p544581 12 xx-o905631 ) Page 2 of 45 164 renderings of the Project and the preluninary outline specifications and plans for the design -build services for the Project that shall be prepared by Angels, and shall be made a part of the ContractDocuments upon approval by the Project; Manager, ]'he plans and specifications shall include the design development docinnents, and construction documents to be approved by the Project. Manager as provided in this Agreement. 1 18 PROJECT: The Project is the construction, renovation, and rel.)air of Field I of the Facility as follows: repair and/or replace all infield and outfield surface areas to include the mound, warning track, and foul territory; repair and/or replace all tencing and netting as required via Angels' assessment; enlarge / enhance the existing dugouts; Install new outfield feature wall. with high netting, reconfiguxe tyre outfield fence as needed via Angels' assessment; Install awning -type shade at seating areas; evaluate and npgrade existing lighting conditions as needed to ni,eet safe baseball field lighting standards, as described herein and in accordance with the Contract Documents, complete with all appurtenances NXILtired to perform the work, including without limitation, construction services and labor, materials, arid equipment necessary or used or incorporated in the construction, in accordance with, the Contract Docuriients and as is required or reasonably inferred from them, The Project includes the work, services, and labor, and the goods, materials, tools, supervision, and equipment to be provided, and the CICUILIP, removal, and disposal of all debris, trash, and other material so as to leave the facilities in a Clean and ready -to -use condition; and the operation arid maintenance thereof by Angels, 1.19 PRO.11H,CT MANAGER: Unless otherwise explicitly stated, all contract duties, contract responsibilities, and COT1011,Ct COMITYLInications of the City shall be made through the City's Engineer as Project :Manager. The foregoing sentence shall not apply to the City construction inspections made to assure compliance "Pith applicable regulatory law and which the City conducts in a governmental regulatory capacity, 1,20 S(JBCONTRACTOR: The person or corporation having a direct contract with the Contractor, including one who furnishes material worked to a special design according to the Contract Documents for this Prqject, but does not include one who merely furnishes material not so worked, 1.21 SUBSTANTIAL COMPLETION: The date certified by the City drat all conditions of the permits and regulatory agencies have been met, and all construction, reconstruction, or rehabilitation (except minor corrective work) has been performed in accordance with the Contract Documents, and the Facility and Project are able to be used lot, then- intended use, subject to any Force Mfijeure event or weather delay, 1.22 S[JRliTY: The surety conipany oi- individual that is bound by as contract bond with l and for Ilie ('ontractor who is primarily liable, and which surety company or t005445W2 XG-990WM I Page 3 of 45 165 individual is responsible for the Contractor's acceptable performance of tile work, under the contract and for the payment of all debts pertaining thereto per Chapter. 255.05, Morida Stattaes. ARTICLE 2. GENERAL INTENTION AND UNDERS17ANDING. 2A It is the intent, of the Contract'Docurneirus to describe a functionally complete Project: to be designed, constructed, operated, arid triarlitained by Angels in accordance with the Contract Docirments. Any work, materials, or equipment tflat may reasonably be interred from the Contract Doctunents, as being required to produce the intended result., strall be supplied whether or not specifically called for, However, shall. any materials not be available, Angels may substitute materials of equal. (111ality. When words that have a well- known technical or trade meaning are used to describe work, materials, or equiptnent, such words shall be interpreted in accordance with that tminitig, Ref'erence to standard specifications, nianuals, or codes of any technical society, organization, or association, or to laws or regulations of any governivental authority, whether such reference is specific or by implication, shall mean the standard specification, manual, code, laws, or regulations in effect, at, the time of' the date ofthe execution of this Agreement. 2,2 The parties agree and Understand that the ownership of the Facility and Project that I shall lie with the City, free and clear of` all claims by Angels or arty other entity. 23 The City shall not provide any financial assistance or inonctary s-upport Cor the development of this project. The City shall not be liable for any financial costs related to the design, permitting, construction, operation, or maintenance of the Facility or the Projects during the tern'). of` this Agreement, except as specifically set forth ficreim 2A Angels shall design, construct, operate, and maintain the Facility and Project to the reasoriable satisfaction and standards ofthe City. 2.5 Angels shall have the exclusive right to use the Facility and Project for its intended 'Use ("Angels' Exclusive"), 1,'urtherrnore, Angels shall have the right, to provide certain third -party organizations access to use the Facility and Project; ("Facility '11tird Party Usage"). Subject: ject, to Angels' EXCIUSive and the Facility 'I'lin-d Party Usage, the. public may have access and use of the Facility upon prior written approval from Angels, Angels shall develop a non-discrimination policy and applicable processes and procedures to allow the public, to access and use the Facility, subject to fire Angels' Exclusive and Facility Third Party Usage, and Angels shall illake commercially reasonable efforts to enforce the policy for similarly situated individuals in a sir nilar fashion. ffadopted by Angels, monetary fie schedules for the Facility shall be subject to annual approval by the City and shall be based on the fee schUJUICS of'similar fields and facilities located in the JOW4458'1,12 306-OaMOI ) 166 IState of Florida, 16 'reams from the East Boynton Beach Little League that meet all of the following requireirients; shall be eligible to use the Facility and project (""Fast Boynton Beach Little League Usage"). At leas( thirty (30) days prior to East Boynton Beach Little League Lkage, the City shall provide the dates and firnes necessary to utilize the Facility. Such access rights shall be subject to the prior review and approval rights of Angels, in its reasonable discretion, which shall include consideration of the below East Boynton Little League requirements. For a team to qualify for East Boynton Beach Little League Usage, it shall be: (a) an East Boynton Beach official I...ittle League team in the senior league division; (b) registered with the East Boynton Beach 1-ittle League; and (c) the team, or in the event of a game, the team and its opponent, are in compliance with any and all national little league rules and rcgudations, including, but -not firnited to, any registration, hISUrance or maximum game and practice requirements. h�i accordance with the above, East Boynton Beach Little LCagUe Usage shall be permitted during the dates of January 23 to May l4th ft)r the Fast Boynton Little League baseball Senior League Spring season (subJect to any All-Star Pert-nitted Extension as defined below) and September I st to December 14th for the East Boynton Little League baseball Senior League Fall season. If during the East Boynton Little League baseball Senior League Spring season the East. Boynton Beach Little League fields an All-Star team for the, Senior Division and the All- Star team requests access to use the project, ject, Angels may, in its sole discretion and on caseby case basis, extend the Spring season access period ("All-Star Permitted 1],xtension"). However, no All-Star Permitted FIxtension shall allow for East Boynton Beach Little League Usage after July 30th of:' any calendar year. 2.7 The individual and group programming that is offered by Angets shall be available at such times Angels deems appropriate in its sole discretion. The training for adults and youth shall be conducted according to policies, procedures, and costs developed by Angels, The City shall not be responsible for providing staff ' additional facilities (outside of this Agreement,), additional permitting, or the collection of for Angels, 2.9 The Facility shall be used for athletic prograrns in the areas of` semi. -private group training, strength camps, individual and/orpersonal training, team practices, garnes or other forins of competition against teams or organizations not, associated with (NM44681.12 XG-9905631 i 167 Angels, performance consulting, manual and physical therapy, nutrition consulting,, elite sport training, apparel sales, and symposiums related to the uses referenced is this section (the "Intended Use"), The -fees associated with this Agreement are specifically related to the Intended (Jse. Angels shall retain all revenues collected as part of its business operations. 2,9 After the construction phase of the Project i.s completed and Angels has begun operating in full at, the Facility, the City's Recreation and Parks Director or designee shall perforni the functions of Contract/Project Manager during the remaining tenni of the Agreernent. All issues related to the operation and maintenance of the Facility shall be handled through the Recreation and I -larks Department and the City's Recreation and Parks Director or designee shall. make reasonable el"I.-orts not to interfere with the daily operations of Angels an(] the Facility's Intended I.Jse, ARTICLE 3. CONTRA.CT DOO Aff"NTS. M The Contract Documents shall be followed in strict accordance as to work, material, and dirtiensiODS, eXCCIlt, when the:Project Manager may authorize an exception in writing, 12 Dimensions given in figUres, are to hold preference over scaled measurements from the drawings; however, all discrepancies shall be decided upon by the Project Manager, The Contractor shall not proceed when in doubt as to any dirnension or in east rrcm ent but, shall seek clarification Eroni the :Project Manager. 33 Angels shall maintain four (4,) copies of the Contract Documents, two (2) of which shall be preserved and always kept accessible to thef'r(Iject, Manager or his/her authorized representative. ARTICLE 4. OWNERS1111' OF DESIGNMATERIAI.S AND DOC AMENIS. All design materials and docunients shall remain the property of Angels, However, Angels shall provide to the City copies of all such design materials and documents, including any, updates or changes during the ter nt of this A greenient. A RTICLE 5. J.'ROJECT DEVELOYMENT SCOPE. 5.1 Angels hereby agrees to engage the Consultants and the Contractor necessary for the design and construction, inclusive of furnishing land surveeying, labor, materials, equipment, and other services necessary to perform all ofthe work to operate the Facility including cornpletion of the :Project:. The Facility is located (00,544581,12 306-9905631 ) 168 in tire area identified as Field I on Exhibit "A", including any additional drawings and addenda thereto, to be constructed in accordance with. tile requirements and provisions of the Contract l3ocunients, 5.2 Angels agrees to meet with the City at reasonable thlies and with reasonable advance notice, which shall be no less than five (5) business days, during the term of this Agreement, and specifically during the design and construction phase of file Project.. 53 Prior to the Final Completion of construction set -vices under this Agreement, there shall be established as record set of plans and specifications, that shall bear the approval of Angels and the Project Manager. fn addition, prior to the commencenient of' construction set -vices under this Agreement, Angels shall submit to the Project Manager a Construction Scliedule for the planning and execution of the Construction Phase of the Project. The Construction Schedule shall be updated regularly and submitted to the Project Manager, ARTICLE 6. COMPLETION RATE - CONSTRUCTION PHASE. 6A Upon execution ofthis Agreement by 'both parties, the Angels shall have one hundred eighty (180) calendar days tea submit all required documents and receive any and all permits for the Project, Prior to receipt of any permits for the Prqject 1'rorn the City, the Angels shall be required to receive final site plan approval -from the City Commission of the City of Boynton Beach, Upon approval of the final site plan by the City Commission and once the permits are received by the Angels, the Project Manager shall instruct Angels to corarnetice, the Corr trractiOn Phase Of the project by written instructions in tile form ofa Notice to Procced issued by the City, Construction oftlic Pro.ject shall commence within seven (7) calendar days of tile Prqject initiation date specified in the Notice to Proceed (the "ConStRICH011 Conuriericement Date"). The Notice to Proceed witl not be issued until after execution ofthis Agreement by both parties and receipt mid approval by the City of all reqUired documents, includinga task and delivery -oriented project thneline, 6.2 The Prqject shall be substantially constructed no later than one hundred eighty (190) calendar days after the C'OnStFLICtiOD Commencement Date, and final conipletion shall be no later than two hundred ton (210) calendar days after the Construction Commencement fate, subject, to approved extensions and Force Majeure. (Jpon failure of Angels to sUbstantially complete the Project within thirty (30) days 1`61lowing the C.ity's notice of Angels' failure to c.oniplete the Project within the specified period oftinle (talus approved extensions and Force Majeure, if any), Angels shall reiniburse the City for any reasonable and documented monetary losses, including fines, it) an amount equal to $250.00 per day, in a CLI11111lative maximuni rehribursernent amount not, to exceed $75,000,00, that the (COS44581 I 23M-19906631 ) 169 City experiences for each calendar (lay (plusany approved extensions) after the time specifiedfibi- substantial completion (coltectively, the "Failure to Complete Fees"). Such reasonable and documented monetary losses shall be reimbursed with fifteen (15) days after the City's delivery to Angels of a statement of such costs. AS used herein "Sub st'1� antial Construct ioii," "SubstatIlialIV CollStrUded and my derivations thereof mean the Construction Phase of the Protect is substantially completed (as reasonably determined by the City) in substantial accordance with. the site plan, as further evidenced by a cerifficate of completion provided by the Consultant attesting to the project's Substantial Construction, Substantial Consbuction shall have occurred even though minor details of constiWtion, decoration, landscaping and mechanical adjustments remain to be completed, 63 No extension of titne shall be granted for delays resulting fi-om, normal weather conditions prevailing in the area as defined by tfic average of the last five (5) years, of weather recorded 1,"or the City of Boynton Beach. ARTICLE 7. ANGYELS'S ItESPONSIBU, TIES. 7.1 Angels will engage and contractually require licensed professionals to complete the, construction work in accordance with the requirernents of this Agreement, and will enforce such contracts and administer any claims process associated with such contracts as set forth herein. Angels- shall require each Contractor and each design Consultant to provide CLIStomary warranties, enforce said warranties, and name the City as as third -party beneficiary of all such warranties. The fioregoing notwithstanding, Angels shall be obligated to cill'arce the Provisions of each Consultant Contract and each Construction Contract asset, forth herein, 7.2 Local Business Tax Receipts (formerly Occupational Licenses) are required to be provided by Angels pursuant to Chapter 205, Florida Statutes% 73 Nothing in this Agreeirient shall create any contractual relationship between any consultant or subcontractor and the City or any obligation on the part, of [lie City to pay or to see to the payrncnt ofany monies due to any consultant or subcontractor of Angels. T4 Angels agrees to bind specifically the Contractor and Consultants to the applicable terms and conditions of this Agreement for the benefit of'the City and shall etisure, the Contrackyr or Consultants prohibit any liens on the City's Propefty. 7.5 Unless otherwise provided herein, Angels shall provide and pay for all land surveying services, materials, labor, water, tools, equipment, light, Power, transportation, and other fheilifies and services necessary for the proper execution and completion of solely the Pro.ject, whether oi- not incorporated or to be iticorporated. in the Project. (00544581A2 10&0906631 ) 170 7.6 Arigels shall cause all its agents, employees, Coii[ractoj,,, subcontnactors, and Consultants to observe and comply with all such existing and fixture laws, ordinances, regulations, orders, and decrees, at no additional cost to the City. 7.7 Angels shall pay all applicable sales, consumer, use, and other taxes direetly related to the Project and Intended Use of the Facility as required by law. 7.8 In connection with the City's Renovation (as defined in Section 10.4 herein), Angels agrees to install, at its sole cost and expense, synthetic turf oil Field 5, as identified on Exhibit. "U'attacbed :hereto, The installation of the synthetic turf shrill be completed in a good and workmanlike manner using synthetic tuil'of a quality that is custornary to baseball fields of sirnilar design ail.d use. Notwithstanding (lie foregoing, after the installation of the synthetic turf' on Field 5, the City shall be responsible, at its sole cost and expense, for all future inaintenance and repairs of Field 5 and [he synthetic turf installed diereon. ARTICLE 8. FINANCUL SUPPORT. 81 The City shall have no financial obligation for the permitting, coils tructi oil, operation, and maintenance of the Facility or the Project, The City shall not be obligated to provide any kind of bonding support, credit guarantees or ally type of' financial commitments for the development ofthis f1roject, 8,2 Intentionally Omitted, ARTICLE 9. U SE OF FACI LITY. 9.1 The intent of the parties to this Agreement is that (lie Facility will be used for tile .Intended Use, and primarily to provide high-performance training to elite professional, arriateur, and youth athletes. The Facility shall be operated subject to the City's applicable codes and its rules regarding recreation and park activities, 9,2 The programmatic operation of the Facility shall be governed by Angels in its reasonable discretion, Angels shall have the exclusive right, to use the Facility, subject. to file El'ast Boynton Beach Little League Usage, any Facility Third Party Usage, or public usage, which shall be subject to Section 2.5 wid. Section 2.6 hereim ARTICLE 10. THE CITY'S RESPONSIBILITIES. IM The City shall assist Angels by placing at its disposal ally available inforniation pertinent to the Project, including previous reports, laboratory tests, and inspections of samples, materials, and equipment; property, boundary, easement, rights -of= way, topographic and utility surveys; property descriptions; and known zoning, deed, and other land -use restrictions, ((W6445S1A2306-Y)05fi3i ) Page 9 of 45 171 D 10.2 I'lle City shall arrange for- access to and make all provisions for Angels to atter upon the public property as required for Angels to perform its services, 103 Without inwilidating this Agreement and without notice to any surety, tile City re serves and shall have the tight to make Slich changes firorn time to time. as may be reasonably considered necessary to complete fully and acceptably the proposed construction in accordance with applicable law, Any other changes (that are not required for compliance with applicable law) proposed, by the City shall be paid for by the City at its sole cost and expense. Any extra car additional work during the construction of the Prqject may be accornplished by means of` appropriate field orders and supplemental instructioris subject to the provisions herein, 100 Angels acknowledges and agrees that portions of the Property riot included in the Project, are being renovated and fill-ther developed by the City as of' the Effective Date, in accordance with the least Boynton Beach Little League Master plan, as may be further amended, attached hereto as Exhibit "D" ("City's Renovation"). 'llie City shall. be responsible for any and all excess costs or expenses incurred by Angels during the Term for which Angels would riot have incurred but for the City's I Renovation. If the City's Renovation cause a delay to the Project, preventing Angels Porn completing ing the Project prior to the expiration of tile specified construction period provided in Section 6.2 of this Agreernent, Angels shall not be respotisible for payment. of any Failure to Coinpicte Fees, and Angels shall receive a day -for -day extension for any delays due to the Citly's Renovation, If the City's Renovation damages, moves or otherwise infringes oil or under any existing hirprovement or system serving the Facility, riot otherwise in accordance with Exhibit "D", the City shall be responsible for any excess costs resulting front such darriage, movement or infringement, incurred to cotriplete the Project in accordance with the specifications provided herein. For exarriple, if the City changes the orientation of Field 1, then the City shall be required, at its sole cost and expense, to relocate and reinstall the fighting system serving Field 1. ARTICLE t I. RESOLUFION OF DISPUTES. In order to prevent all disputes and litigation, it is agreed by the parties hereto that during the construction phase of the Project, the City f�'Ingitieer shall, decide all questions, difficulties, and disputes of whatever nature that inay arise relative to the technical interpretation. of the Contract 13ocurnents and fulfillment of this Agreement as to the character, quality, amount, and value of any work, done and. materials furnished under or by reason of this Agreement, and the City Engineer's estimates and decisions upon all clainis, questions, and disputes shall be final and conclusive upon the parties hereto, This Article does not preclude either or both parties froni seeking any and all remedies available at law or in equity. The parties hereto may also, it' mutually agreed, seek mediation to resolve any dispute related to this Contract. (W544681,12 306-090,5631 ) Page 10 of 45 172 E E D ARTICLE 12. ASSIGNMENT. l,'Acept as provided liercin with respect to subleasing, neither party to this Agreement shall assign this Agreement without the prior written coriserit of the other party, nor shall Angels assign any monies due or to become due to the City hereunder without, the prior written consent: of the City. ARTICLE 13. CONs,rRUCTION PROGRESS PROJECTMEETIM)"FS. Angels shall schedule periodic work progress meetings,, to be field no rnore than twice in any thirty (30) day period, arid specially called meetings as needed with the City's Designated Representative relating to the construction services under this Agreement. Angels shall record the minutes ol'strIch meetings, include significant proceedings and decisiori(s) within the minutes, and repro(hize and distribute, copies of minutes within fifteen (15) business days after each meeting, plus incorporate comments, received or exceptions taken by those present who have reviewed and cornmented on the minutes. ARTICLE 14. SECURITY. Angets or its Contractor shall use commercially reasonable eff'orts to provide a project security program to protect work, stored products, and construction equifinient from theft and vandalism, and to protect premises trona entry lay unauthorized persons. In (lie event any such materials, equipment, and supplies are lost, stolen, damaged, or destroyed prior to final completion, Angels, or its insurance provider, shall replace sari -re Without Cost to the City. I ARTICLE 15. INSPEC.TION OF CONSTRUCTION. 15.1 During the construction phase:,, tire City Engineer or designee shall,, at all times, have access to the Facility and the Prqject, and .n els shall provide proper facilities fZ)I- SUCh aCCCS,& 15, 1 , I Should the Contract Documents, instructions, any laws, ordinances, or any public authority require any work for the Protect to be specialty tested or approved, Angels shall give to the City timely notice of readiness of the work fior inspection. If the testing, or approval is to be made by an authority other than the City, titnely notice shall be liven of the date fixed for such testing, Inspections shall be made promptly, and where practicable, at the source of supply, if airy work on the Project are covered up without approval or consent of the Project manager, it shall, if required by the City, be uncovered ('61, examination and properly restored at Angels'expense, ((K)544581A2 306-9905631 ) Page I I of 45 173 L 15. 1.2 Re-examination and re -testing of any work <)it the construction of tile Project may be ordered by the.Prqject Manager, and if so ordered, such work shall be uncovered by Angels. If work is found defective, Angels shall bear all toummible direct, indirect, and consequential expenses of such ranioval or correction. If such work is forind to be in accordance with the Contract Documents, the City shall pay the cost ofre-examination, re -testing, and replacement. 15.2 The payment of any compensation, regardless of" its character or form, or the giving of any gratuity or the granting olany valuable favor by Angels to any inspector other than its consultant, is ftirbidden, and any such act on the part of Angels shall constitute a breach of.7this Agreetticilt. ARTICLE 16. SUPERINTENDENCE AND SUPERVISION. 16 1 The orders of the City shall be given through the Project Manager, wbose instructions are to be strictly and promptly followed in every case. Angels shall inaintain a competent resident supervisor, who shall serve as the Designated Representative, and any necessary assistants on the construetion site throughout the duration of the construction phase of` the Project. The Designated Representative shall Serve as 'tile Superintendent oil site and ,,hall be responsible for continuous field supervision, coordination, and cornpletion of the work. The l.)esignated Representative shall not be changed except with. the consent of the Project Manager, unless the Designated Representative proves to be unsatisfactory to Angels and ceases to be in its elliploy. 'I'lic Project Representative shall represent Angels, and all, direction given to the Designated Representative shall be as binding as if given to Angels. Directions shall be confirmed in writing to Angels. Other directions will be so confirilled on written request. in each case, 16.2 Angels' Designated Representative shall prepare, oil a daily basis and keep oil the construction site, a bound log setting forth, at a minimum for each day: tile weather conditions and how any weather conditions affected progress of the work; work perforriled; equip.nient utilized for the work; any idle equipment and reasons for idleness; visitors to the site; labor utilized for the work; and ally materials delivered to the construction site. The daily log shall be available for inspectiot) by the Protect Manager at all times during the construction phase of the project, 163 If Angels, in the course of constructing the Project', finds any discrepancy between die Contract Documents and the physical conditions of the locality, or any ellors or omissions in the Conti -act Documents, inclading drawing's (plans) and specifications,, it, shall be Angels' duty to promptly iii1brin tile Project Manager it) writing, and the Project Manager shall promptly verify the sallie. Ally work done prior to or after such discovery shall be done at Angels' sole risk. ARTICLE 17. THE ('J'FY'S R.tGGT TOTERMINATE, A(3T1 EEMENT DURING DEVELOPMENT AND (,'ONSJ.'RUC'T10N. JMM4581A2 306-99MG3 t ) Page 12 of 4.5 174 `7 I T I 'rho following shall give the City the right to terminate this Agreement after written notice to the Angels prior to completion of construction of the Prqject ("Notice of 11 1 erminatioli"): 17.1.1 Construction of thellroject does not commence within the titrie specified or is not performed to ensure the prompt completion of the Project, subject to any Force Majeure events or weather delays, or Angels fails to correct, the construction work within twenty (20) calendar (lays following notice from the City that the construction work is defective and/or unsuitable, 1"7.1..2 If' Angels becomes insolvent, is declared bankrupt, commits any act of bankruptcy or insolvency, rnakes an assignment for the benefit of creditors, or as a result of any other cause whatsoever resulting in Angels not, carrying on the construction of" the Project in an acceptable manner, the Pro ' ject Manager in.ay give notice in writing to Angels and its Surety of such delay, neglect, or default, specifying the same. IfAngels, within a period of twenty (20) calendar days after such notice, does not proceed in accordance therewith, then the City may, upon written certificate ftoin the Project Manager of the fact of such delay, neglect or defial.111, and Angels'failure to comply with such notice, terminate the Agreement, exclude Angels from the site and take the construction of tile Project out of` the hands of Angels, and appropriate or use any or all materials and equipment on the site as may be suitable and acceptable. 171 In the. event of an occurrence under Section 1.'7.1 above, the City may enter into a separate agreement for (be completion of Project according to the terms and provisions of the Contract Docurrients or use such other methods as in the City's opinion is required for the cornpletion of the construction in an acceptable manner. IT3 In the event of an occurrence under Section 17.1 above, all reasonable and docurnentaJ damages, costs, and charges incurred by (,lie City shall be deducted ftom any monies due or that may become due to A-rigels. Th e C'.' i 1, y s h a I I provide Angels with a statement of costs docunientitig such darnages, costs and/or charges incurred. Actionsmaybe instituted to recover on the posted bonds. In case of damages and expenses incurred by the City, Angels shall be liable and shall pay to the City the amount of such costs. 17.4 Upon receipt ofthe Notice offerruination pUrsuarit to.Articte 17.1,Ailgels shall promptly discontitnie all affected work, unless the Notice of Termination directs otherwise, and deliver or otherwise make available to the Project Manager all data, drawings, specifications, reports, estimates, summaries, and such other information as may have been required by the Contract Documents, whether coulpfeted or in process. J00544661.11306,9405631 ) Page 13 of 45 175 D ARTICLE 18. ANGELS' RIGIVYTO STOPWOR.K OR TERMINATE AGREEMENT. 18.1 Ifthe construction of the Project should be stopped under an order of any court or other public authority for a period of more than ninety (90) calendar days, through no act or fault of Angels or of anyone employed by Angels, then Angels may, upon three (3) calendar days' written notice to the City and the Project Manager, stop work on the construction of the Project, without any penalties hereunder, until Such tune Angels is legally allowed to comnience performance under this Ag ,reerneut. 181 If the City fails to perform its obligations under this Agreement, Angels must, I provide five (5) calendar days' written notice of such failure, after which. the City shall have ten (10) days to cure. If the City fails to cure, the subject default, Angels may terminate the A green neat. 18.3 In the event the City Commission denies the final site plan for the Project in accordance with Article 6, the Angels shall have the right to immediately terminate this Agreement and sliall Irave no further financial obligation to the City for the; development and usage of the Project or Facility. ARTICLE 19. PLANS AND WORKING DRAWINGS. The City and Angels will review and revise construction plans prior (o suhtnidal fbi-pertnitting. All approved plans, general and detail, are to be deemed a part of this Agreement, and the plans and specifications and Agreement are to be considered together and are intended to be mutually complementary so that any work shown on the plans, though. not specified in tlicspecifications, and any work specified in the specifications, though not shown on the plans, is to be executed by �ngcls as part ofthis Agreement, All things that in the opinion of the Project Manager may reasonably be inferred from this Agreement and plans, as developed by&,ngels and approved. by the Project Manager, are to be executed by Angels L11-1dCr the terms of this Agreement; and the Project Manager shall determine whether the detail plans conforn'i to the Contract J)ocunients, except as may be otherwise determined by the Project Manager. All plans,, ,specifications, and related technical documentation should be in the form of an electronic,. CADD drawing file and paper copy. ARTICLE 20. SUBCONTRACTS. Angels shall cause the Contractor, prior to the start, of construction, to notify the Project Manager in writing of the names of the subcontractors who will. beused to construct the Project, and identify the portion of the work that each will perform. The Contractor shall have a continuing obligation to notify the Project Manager of any change in the subcontractors. ARTICLE 21. SEIIARATE CONTRACTS. (00644581.12 306-0056M ) Page 14 of 45 176 I 21.1 The City reserves the right to let other contracts that, may impact work in the general area of the construction site. Angels shall aftbrd other contractors reasonable opportunity for the introduction and stx)rage of their materials and the execution of their work and shall properly connect and coordinate this work with theirs. Notwithstanding the foregoing, the City shall extend the timelines set forth in .Article 6, on. a clay :for day basis, f.br the time Angels' construction schedule for the ProJect is finpactc& 21 ,2 Angels shall use corninercially reasOTiably efftu-ts to reclifire the ( ' 'ontractor to perform the obligations described on Exhibit "B" attached hereto inclincorporated herein. 21.3 To ensure the proper execution of its subsequent work, Angels shall inspect the work already in place and shall at, once report to the Pro.ject Manager any discrepancy between the executed work and the requirements of the Contract Documents. However, Angels shall not be responsible to correct ally existing problems at the Pi,operty, 2;1,1 No claire for damages or any claim other than foran extension of time shall be made or asserted against the City by reason of any delays due to workof'other contractors, unless such delays result in the de -mobilization of Angels'work crem, and there is an attendant cost to re -mobilize. ARTIC11, 22. USE OF COMPLETED PORI IONS. 22.1 The City niay inforin Angels if any porti(,)n of the project may lie utilized by Angels prior to normal consti-Liction completion. Such possession and nse shall not be deemed an acceptance ofaiiy work not completed in accordance with the Contract Documents, If such possession and use delay the construction of the ProJect, Angels shall be liable for any reasonable and documented costs incurred by tile City, 22.2 In the event Angels takes possession ol'a completed portion, the following shall Occilr: 22,21 Angels shall give notice to the City at least five (5) calendar clays in advance of intent to oeci.ipya designated area, 22.2,2 Angels shall bring the designated area to the point (if Sobstantial Completion, When the, City considers that the designated area oftbe Traject are substantially complete, the City shall notify Angels, in writing, and shall prepare a list of itenis to be completed or corrected, The failure to inchAc any items oil such list (=544681,12 Mi -9906631 ) Page 15 of 45 177 [J does not alter the responsibility of Angels to complete work can the designated area in accordance with the Contract Documents. The Project Manager shall. conduct an inspection to determine that, the designated portion of the Project are substantially complete. The Project Manager and Angels shall agree on the tirne within which Angels shall complete the items listed, 22.23 Upon issuance and acceptance of the Certificate of Substantial C'onipletion, Angels shall assume full responsibility for the operation, maintenance, utilities, and all related expenses, Angels shall remain responsible for all iterns listed to be completed or corrected as submitted to the Project Manager as required in the substantial completion process. 2224 If Angels finds it, necessary to use a portion or portions of the Project prior to Substantial Cornpletiori thcreoC, such use shall not commence prior to a time mutually agreed upon by the 11rqject Manager and Angels. Any insurance in effect shall not be canceled or lapsed on account of such partial use. ART)[CLE 23. LANDS FOR WORK. The City shall provide, as indicated in the Contract Documents, the lands upon which the Project are to be constructed, rights-of-way, and easements for access thereto, and such other lands as are designated for~ the use of Angels. No claim for damages or other claim other than for an extension of time; calI be made or asserted against the City by reason ofany delay arising as a result of any failure Ofth(.- City to Provide such lands oil the date needed by Angels. AlUICLE 24. FIELD ORDE,16 AND SUPPLEMENTAL INSTRUCTIONS. 24. 1 The Project Manager shall have the rigjit to approve and issue -field orders setting fofth written interpretations ofthe intent of the Contract Documents and ordering rninor changes in contract execution, provided t1re field order involves no chairge in the total cost of the construction of the Project or the, time, of performance. 24.2 'fhe project Manager shall have the right to approve arid issue supplemental instructions setting forth written orders, instruct ions, or interPretatiows, concerning this Agreement or its performance, provided they tnake no nikjor changes in contract execution and involve no change in the total cost of the construction of the ProJect or the time of performance, A11TICLE 15. CIIANGE OF C()N7`11NCT'lT14E. 251 Any clairri for an extension of the coiitract times shall be based on written notice f00544h81A2 3(b6 .DW5631 ) 9�� 178 delivered by the party making the clairn to the Project Manager prornptly (but in no event later than ten (1 C1) calendar days after the occurrence of the event giving rise to the clairri an(:] stating the general nature of the clairn). Notice of the extent of the claim with supporting data shall be delivered within severity -five (75) calendar days after such occurrence (unless the Project: Manager allows, it) writing, an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a. result ofthe occurrence of'said event. All claims for adjustment in the contract tirne shall be determined by the Project Manager in accordance with the terms herein, No claim for an adjustment in the contract tirne shall be valid if' not; submitted in strict accordance with [he requireirients ofthis Article. 25,2 The contract turie will be extended in an amount. equal to time lost due to delays beyond the control of acrd through no fault or negligence ol'Ar.igels if a clairri is made therefor as provided herein. Stich delays shall illCkide, but not be litnited to, acts of neglect by the City, or by any employee of the City, or arty separate contractor employed by the City, or due to a 'Force Majeure or weather-related. delay. ARTICLE 11, NO DAMAI'I'TS' FOR DELAY. Angels shall not be entitled to any paynierit or compensation of any kind from the City for direct, indirect, consequential, finpact, or other costs, expenses, or damages, incIriding, but not limited to, costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance frarri any cause whatsoever, whether such delay, diSrUpfiOrl, interference, or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Angels shall be entitled to terminate this Agreement or have an extension of time to complete its obligations hereunder as a choice of remedies hereunder for such resulting in delays in accordance with and to the extent specifically provided above. ARTICLE 27. SUBSTANTUL COMPLETION. 271 WheriAngels considers that the construction ofthe Project, ora designated portion thereof which is acceptable to the City, is substantially complete, Aagels shall notify the Project Minagcr and shall instruct the Contractor to prepare:rear submission to the, Project Manager a thoroagh list of items to be completed or corrected, together with a schedule for coiripletion ofall items. 27.2 'rhe Project Manager shall conduct all inspection to determine that the Project or designated portion thereof is substantially complete, The Project Manager will then instruct Angels to prepare and deliver to the Project Manager a Certificate of Substantial Completion that shall establish the date of Substantial Corripletion. After review oCthe CertifIcate by the Protect Manager, the City will either accept (00544581,12 306-99050,31 ) Page 17 of 4,5 179 E or reject the Certificate. 'Fhe Project Manager, with the concurrence of Angels, shall fix the time within which Angels shall complete the iterns listed therein. Warranties required by the Contract Docurnents shall corninence oil the date of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City through the Project Manager and Angels for its written acceptance of the responsibilities assigned to them in sueb Certificate. ARTICLE 28. FIELD ENGINEERING. Angels shall provide and pay for field engineering services required for the construction of the Project.. This work shall include the survey work required in execution of the construction of the PrqiecL ARTICLE29. FIELD LAYOUT OFTUE W(la< ANDRECOiii I)RA WINGS. 29.1 Angels shall tnaintain in a safe place at the site one (1) record copy of' all drawings (plans), specifications, addenda., written arnendr.rielib.,, Change Orders, and written interpretation,; and clarifications in good order, annotated to show all changes made during construction, aad in a formal, compatible with (.'vADD equipment. These record documents, together with all approved samples and a counterpart of` all approved Shop Drawings, shall be available to the f1rcject Manager for reference. Upon completion of the COuSn"LIC6011, these record (10CUllients, samples, and Shop Drawings, shall be delivered to the Project Manager. 29,2 At the completion of the construction of the project, Angels shall turn over to the City a set of reproducible drawings that accurately reflect the "as -built" conditions of the Project and in a forniat compatible with the City's G'ADD equiPment, All, changes made to the construction documents, either as clarifications or as changes, shall be refiected in the plans. 'Fhe changes shall be submitted on T\4ylar at least rnonthly to the Project Manager. Tllese "as - built" drawings shall be signed and sealed by a registered Florida engineer or architect and shall be delivered and found to be acceptable. ARTIC.LE 30. PROJECT SIGNAGE. Angels and/or the ContTactor shall furnish and erect signs, subject to the approval by tl.,)e City, at the constraction site, as directed by the Project Manager, Angels and/or the Contractor may install additional sigtiageat the site, subject to approval by the ProJect, manager ARTICI_X, 31. (,'I.,EANfNG UP AND REMOVAL OFEQUIPMENT, 1 311 The City's Right to Clean UpIf a dispute arises between Angels and separate f0054458112306 9905631 180 I E F]I contractors as to the responsibility for cleaning up, the City may clean up and charge the reasonable and docurnented cost thereof to contractors, including Angels, responsible therefor, as the Prqject 'Manager shall determine to be just, 31.2 Removal of Equipment. In case of ternintatioji of' this Agreeinent before, completion for any cause whatever, Angels, if notified to do so by the City, shall promptly rcrnove any part or all of` Angels" equipment: and supplies ftorn the property of the City, failing which the City shall have the right to remove such equipment; anti supplies at the expense of Angels. ARTICLE 32. TWISCELLANEOUS. 311 Rights of'Various Interests, Whenever work being done by the City or by City contractors is contiguous to work covered by this Agreement, the respective rights of the various interests involved shall be established by the Prqject Manager to secure the completion ofthe various portions of the work in general harmony. 32,2 Records. Angels shall keep such records and accounts and require atry and all architects, consultants, Contractor a.tnd subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hotirs, charged to this engagement, Such books and records shall be available at all reasonable times fbr examination and audit by the City and for the required retention period of the F'Iorida Public Records Act (Chapter 11.9, T'lorida Statutes), if applicable, or if the Horida Public Records Act is not applicable, for a ininimum period of three (3) years after termination of this Agreement. If" any audit has been initiated and audit findings have not, been resolved at the end ofthe retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public, Records Act is determined by the City to be applicable to Angels" records, Angels shall comply with all requirements thereof; however, no confidentiality or nondisclosure requirenient of eitli.er federal or state law, shall be violated by Angels. 323 No Contingent Fee. Angels warrants that it. has not employed or retained any conipatiy or person, other than a bona fide employee working solely for Angels, 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 Angels, any fee, commission, percentage, gift, or other consideration, contingent upon (. rr resulting from the award or inaking of' this Agreement, For the breach or violation of this provision, the City ,,hall have tlic right to terminate this Agreement without liability, at its discretion,, mid to recover the full amount of such fee, commission, percentage, gift, or consideration, (00,S44581 A2 306-A905631 > 181 32A Representative of the City and Angels. 314. 1 It is recognized that questions in the day-to-day course of the construction of the Protect will arise. All communications pertaining to the day-to-day conduct of the work shall be addressed to the ProJect Manager, 32.4.2 Atigels shall int't)t.-.tiitire :project MaDage.rijiwi-ititigolt,fierel.)resei.itative of Angels to whonr matters involving the day-to-day conduct of the construction shall be addressed, 315 All Prior Agreements Superseded; Amendments. The Contract. Documents incorporate and include all prior negotiations, Correspondence, conversations, agreements, or uriderstandings applicable to the inatters contained herein, and tile parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in, the Contract Documents. Accordingly, it is agreed that no deviation from the tears hereof shall be predicated inion any prior representations or agreements, whether, oral or written, It is further agreed that no modification, amendment, or alteration ni the terns or conditions contained herein shall I. -)e effective runless contained in a written docunient executed with the same lbrinality and of equal dignity herewith. 316 Notices. Whenever either party desires to give notice unto the other, it shall be given by written notice, sent by certified United States mail, with return receipt recluested, addressed to the party Rv whom it is intended, at the place last specified; acrd the place for giving of notice shall remain such until it shall have been changed by written notice; in coinpliatice with the provisions of this, paragraph. For the present,, the parties designate the following as the respective places for giving of notice, to -wit: As to the City: Attn: Dan Dugger, City Manager C,ity cif' Boynton Beach 100 East Ocean Avenue Boyntoil. Beach, Ft. 33435 duggerd@,)bbf1xs With a copy to: Michael D, C'it,tillo, Jr., Esq. Goren, Cherof, Doody & E7rol, P.A. 3099 East Commercial Boulevard, SUite, 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 H.Mail: rricirtillo(b ,)gorenclierof,coni r00,544581 12 306-990VA31 ) Page 20 of 45 182 As to Angels: Mike Barwis 378 HillsboroTeelmologry Drive Deerfield, Beach, Florida 33441 Telephone: Facsimile: I-I'mail: michael((,,barwis.eorn With a copy to: Nicholas Milano, Esq, Holland & Knight LLP 515 Fast Las (blas Boulevard, Suite 1200 Forl, Lauderdale, Florida 3330.1 Telephone: (954) 4,68-7804 Facsimile: ('954) 463-2030 Er nail: iiick,militio(�i)I.ildttw.coin 317 Trath-In-Neeotiation Certificate Signature ofthis Agreement by Angelsshall act as the execution of a truth-iu- negotiation certificate stating that wage rates and other faenml unit. costs supporting the costs for the design and construction of the Project are accurate, complete, and current, at the time of` contracting. The original pricing and any additions thereto shall be adjusted to exclude any significant sums, by which the City y determines the prices were increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit, costs, All stroke pricing adjustments shall be inade within one (1) yuir following the end of this Agreernent. 32.8 Interpretation, The parties hereto acknowledge and agree that (fie language used in this Agyeement expresses their mutual intent, and no rule of strict construction shall apply to either party hereto. The headings contained. in this Agreement are for reference puiposes only and shall not affect in any way the Meaning or interpretation of this Agreement, All personal pronouns used it] this Agrcenient,shall include the other gender, a,nd the singularshall include the plural, and vice versa, UIIICSS the context otherwise requires. Terins Such as "herein, "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to the particular seritence, paragraph, Section, or Article where they appear, unless the context requires otherwise. 'fteneverreference is made to a Section or Article of this Agreenient, such reference is to the Section or Article as a whole, including all ofthe subsections and SUbparagraphs of such Section or Artie'le, unless the reference is expressly rnade to a particular subsection or subparagraph ol-such Section or Article. 32.9 Apl)lic,:tblel,awaii,(iVenii(;,'I'hisAgi°eeiiiei:ntshall beit)terl)i-e.toci,and constrLLCCi. (0054458112,106,9905631 ) 183 in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Palin Beach C ounty, Florida, 32,10 Public Entity Crime SLaternent. Angels acknowledges the existence of Chapter 287.133(2)(x), ,rlor°idcr ,'tt tut(�s ("Public Entity Crinles Act"), which provides, in part, that a person or affiliate who has been placed on the Convicted N/erldor .List following a Conviction for a public entity crime may riot submit a bid on a contract to provide any goods or services to tile City; may not submit a bid on a contract with the City for tile construction or repair of a public building or public work; may not subrilit bids on leases of real property to the City; rnay not. be awarded or perform work as a contractor, supplier, subcontractor, or consultant. Linder a contract, with, the City; and may t)ot transact business with tile City ill excess of tile threshold arnount provided in Chapter 287.0 17, Floriela,s`talules, for Category I'wo ILir a period of thirty- six (36) months froni tile (late olbeing placed oil the, Convicted Vendor List., Violation of this Section by Angels shall result in termination of [his Agreement by the City without penalty, 32,11 Joint Preparation. The preparation of this Agreement has been a Joint effort of the parties, and tile resulting docunaent shall not:, solely as a i -natter of Jildicial construction, be construed snore severely against one of the parties than the other by virtue of the Iact that, it may have been physically prepared by one party or its attorneys. :32,1.2 Severance, In the event, this Agreement or a portion of this Agreement is Found by a court of corripetent,jurisdiction to be invalid, the remaining provisions shall continue to be effective unless the City or Angels elects to terminate this Agreement, 1"be (lection to terminate this Agreement used upon this provision shall be made within seven (7) calendar days after the finding by the collft becomes final, 32,13 Waiver. No waiver of any provision of this Agreement sliallbe effective unless it is in. writing, signed by the party against whom it is asserted, arid any such ,written waiver shall only be applicable to the specific nistance to which it relates and shall not be deerried to be a continuing or future, waiver, 3114, Drug -Fare( Workplace, Execution of this Agreement by Arigels shall serve as Angels" certification that it cithel has or that it will establish a drug-free wor1q)Jace consistent with Cliapter 112.0455, Floriela Slatulcs 32.15 Conflicts. Neither Angels nor its ciliployee.s, shall have or hold any c(:nitnluing or ftequently recurring eniploymerit or contractual relatioriship that is substantially antagonistic or incornpallible with Angels' loyal and conscientious exercise ofjudgnient related Lo its performance under this Agreenient. Angels agrees that none, of its employees shall, during the term of this (001,44hffl. 12 3064MO,5631 ) 184 Agreement, serve as ,in adverse or hostile expert. witness against the City it) any legal or administrative proceeding in which lie or she is not a party, unless compelled by court process, nor shall such persuns give sworn testimony or issue a report or writing, as an expression of his or her opinion, that is adverse or prejudicial to the interests of the City in any such pending or threatened legal or administrative proceeding. T'he limitations of this Article shall not preclude such persons from representing themselves in any action or in ally administrative or legalproceeding regarding this Agreement. In the event Angels is permitted to utilize subcontractors to perforin any services required by this Agreernen(, Angels agrees to prohibit such subcontractors, by written contract, ftoni having any conflicts as within the tricarring ofthis Article. 3116 Background Checks. Prior to hiring any employee, subcontractor, or consultant to provide services at the Facility, the Angels shall conduct a (xmiprehensive criminal background check by accessing any Federal, State, or local law enforcement database available. The individual shall sign an authorization for the Angels to access criminal background information as provided in Exhibit "C" attached hereto and incorporated herein. The costs for the background checks shall be borne by the Angels. ARTICLE 33. PUBLIC RECORDS. The City is public agency subject to Chapter 119, Florida Statutes. Angels shall comply with Florida's Public Records Law, as applicable. Specifically, Angels shall: a. Keep and maintain public records required by the Cityto perforin the service. b. Upon request frorn the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that, public records that are exernpt or that are confident ' ial and exempt mpublic record disclosure requirements are not disclosed except as, authorized by law for the duration of the contract term and, following completion of the Agreement if the .An gels does not, transfer the records to the City. do Upon completion of the contract, transf , er, at no cost, to the City all public records in possession of the. Angels or keep and maintain public records required by the City to perform the service. if Angels transfers all public records to the City upon completion of the contract, Angels shall destroy any dripticate, public records that are exempt or confidential and exempt from public records disclosure requirements. e. If' the Angels keeps and maintains public records Upon completion of the (00,544581,12 306-0905631 p Page 23 of 45 185 E Cl E contract, the Angels shall meet all applicable requirenients for retaining public records. Allrecords stored electronically by Angels must be provided to the City, upon request from die City's custodian of public records, in a format that is compatible with the information technology systems ofthe City, The failure of Angels to cornpfy with tile provisions set forth in the Agreeinent shall I constitute a Default and Breach of the Agreement, for which, the City may tenninate the Agreement. IF' ANGELS HAS QUESTIONS REGWARDJ-NG -.['HE APPLICATION OF CHAPTER 119, Fl.,ORIDA STATUTES, TO ANGELSS DUT)ITO PROVIDE PUBLIC RECORDS REI.,ATING'I'O J'IIE AGREEMENT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 110 BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061 Cj TYCLF'R K(q,) 1111 fl, US ARTICLE 34. GROUND LEASE. Once the Facility has been corripleted in accordance "lith the terms herein, the City hereby demises and leases to Angels, and A agels hereby hires and takes froin flie City, subject to and with the benefit of the terms, covenants, conditions, and provisions of this Agreeirient, the property located at the Facility. The initial terni of this Agreement (the "Terin") shall, be -for as period of thirty (30) calendar years ft-oin the Effiective Date unless terminated sooner pursuant, to the terms herein., At least one (1) year prior to the expiration date of the Agreement or any extension period, the City and Angels shall have the option, to renew the Agreement for two (2) additional ten (10) year periods; provided die terms and conditions of the new Agreenient are inutually agreeable to Angels and the City. Angels shall be responsible for perfonning all ii'mintenance, repair and replacellient for the Facility during the Tcnn, at its sole cost and expense, Angels shall maintain the Facility to the same as the City tmaintains the surrounding E'ast Boynton Beach Little League COMPleX inClUdiug cleanliness. ARTICLE 35. TERMINATION BY TE CITY POST4.".'ONSTRUCTION. Follawing Final Completion, the C'ity shall lim,,c the right to terminate this Agreement ifany of following; shall occur, [OOS44581,12 306 e'XVVM ) Page 24 of 45 186 35. 1, If Angels at any tinte is in detbUlt of' its material obligations, including payment or maintenance obligations, under this Agreement, and such deffirift persists for thirty ('30) days after written notice thereof is given by the, City, or if such default cannot be cured within thirty (30) days, or such time as may be reasonably necessary to cure so long as Angels is diligently prosecuting to c-ure but, not to exceed an additional thirty (3 0) days; 35.2 If Angels fails to pay to the City any amounts or taxes due or any other undisputed amounts required to be paid here-u-nder when due and such -failure to pay persists for twenty (20) business days after written notice thereof; 35.3 The filing by or against Angels of" a bankruptcy, insolvency, receivership, reorganization or arrangement proceeding, or the initiation of any similar type of proceeding (if involuntary, the sarne not having been dismissed after sixty (60) (lays frotri the date of filing), or if' Angels shall be unable or unwilling to pay its debts when due; or 35A Any breach in any representation or warranty made by Angels, 35.5 If the City and public's use of the East Boynton Little League Complex is substantially impaired in the City's reasonable discretion, the City shall have a one-time right to terminate this Agreement prior to the Lignexpiration of the Terin "), effective as ofthe last day of" the nineteenth (I Wil) sign Full calendar year following the Effective Date ("j7,,AL1y TenniAption. Qate") by providing Angels with written notice on or before twelve (12) months prior to (lie expiration of' the E.arly Termination DateNotice"). .111 consideration for exercising the Early Termination Option, the City shall pay to Angels concurrent with the Early Termination Notice an amount equal to 200% of Angels' direct costs oftbe Pro ect, Shall the City fitil to timely deliver the Early 'Termination Notice in COTHICCtriffll With its Early Termination Option, the City's F'arly 1'ermination Option shall be deemed waived and ofrio further force and Offed, and this Agreenient shall continue for the daration of the Terni. Subject to the provisions of fbi% Section and the terms of this Agreement, any termination by City shall result in the ownership and possession of the Facility and the Protect being forfeited to the City, and the Cityshall. have the right to finish any incomplete C01IStrUction of the Project, or operate flicFacility as the City deems in its best interest, Regardless of the foregoing, the City shall not be subject to ally finailCi al obligations or any debts owed by Angels related to the design, construction, operation, or rnainteriance of" the Facility and the Protect, ARTICLE 36. TERMINATION BY ANGELS. Following Final Completion, Angels shall have the rionit to terminate this Agreenient if I any of the following shall occur. - (00544M 112 306-9056311 Page 25 of 4-5 187 F- 366 If dw City at any time is in default of its material obligations under this Agreement, and such default persists for thirty (30) days after written notice thereof is given by Angels, or il'such deRaUlt cannot be cured within thirty (30) (lays, or such time as may be reasonably necessary to cure so long as City is diligently prosecuting to cure but not, to exceed at) additional thirty (30) days; 36.2 Any breach in anyinaterial respect of any representation or warranty made by the City herein. ARTICLE 37. WNDIN G -UP AND COOPERATION. If this Agreement expires or is otherwise terminated,, the Parties shall promptly and cooperatively work together in the process of winding -up of Angels' operations under this Agreement, including (i) notification cal " stall', subcontractors, vendors, suppliers, and others having contractual or other arrangements with respect to the operation of the Facility and the construction of the Project, pursuant to the terms of` the Agreement; (ii) completion of all calculations and schedules for reconciliations, inventory, accounting, claims, and payments arising under this Agreement; and (iii) transition, as applicable, to any third person that wit] take over the operation of the Facility., The City and Angels shall use be: reasonable commercial efforts to coniplete and constructively cooperate in the winding -up process as expeditiously as possible. ARTICLE 38. mrrw s UPON TERMINATION. Upon termination, Angels shall be required to: 38.1 Vacate the premises and leave the Facility ire good repair a,,ind operating condition, reasonable wear and tear excepted, Angels shall not have the right to remove any capital intprovements, equipment, fixtures, car Cather assets orproperty belonging to City, or any cat` their respective agents or representatives; and 38.2 Remove all trash, stades of material, Supplies, tools, equipment, etc., belonging to Angels or its agenk Costs cal' such removals an(,] restoration sbatl be borne by Angels. If such trash, stacks oftriaterials, supplies, tools, equipment, etc., placed in the Facility by Angels or its agents haveneat: been removed by Angels by the date oftertnination, it will he the option ofthe City to remove the saine at Angels' cost, risk, and expense or to retain or dispose of the same or any part thereof, without payment or renribUrSCluent to ATIgetS, U111CSS other arrangements have been niade in writing between the City and Angels with regards to the removal thercof. ARTICLE 39. R U, M E. 1) 1 ES. 39.1 Opportunity to Cure. Notwithstanding any other provisions in this Agreement, the I City shall allow Angels at, least sixty (60) calendar (lays to cure any deficie.itcy in JOM-44581. 12 3064XW-5031 I 188 the operation and maintenance of the Fac; other than the payment by the Angels of any fees reqUiTCd under the terms of this Agreement, subsequent to the provision of written notice to Angels regarding t1te deficiency. Except in an event of Termination for Cause, Angels shall be allowed to use the sixty (60) days' period as ,in Opportunity to Cure the deficiency, 39.2 Remedies 1Jpon Default. Upon the OCCUMI)Ce Of any of the events of default, and following arry applicable cure period, then in addition to any other rights and remedies that either Party may have hereunder, at law, in equity, or otherwise, the non -defaulting party may declare this Agreement terininated and recover Darnages perffutted by Applicable Law and/or seek specific performance or other injunctive; or equitable relief'. AR11CLE 40, GROUND LEASE FEE, 40.1 During the constr=6011 phase of` tyre Project, Angels shall not be required to make any payments towards the Ground. Lease Fec, 40.2 No later than thirty (30) days of substantial completion of the:Project, or on a later date determined bIy, the '.ity, Angels shall pay ran annual Ground Lease Fee of One Dollar ($1.00) per year for each and every year this Agrecinent remains in effect, payable in advance, to the City, of Boynton Beach, Florida. All payments are due payable by the 10th day of'January at. the start ofeach calendar year, ARTICLE 41., OWNERSHIP OF FACHATYAND THE PROPERTY CONTEMYLATED'UNDER THE PROJECT. nie (.,,,,*ity shall own the property contemplated by the Pr(,lject aaid the Facility, free and clear of' all, claims by Angels or any other entity. lei ll legal ownership of the property contemplated by the Project shall lie with the City of"Boynton. Beach, Florida, ARTWIT4,42. 'FAXES AND FINE.S. Angels shall pay all taxes that may be assessed on its design and construction. of the Project and the operation, lease, and maintenance of` the Facility. The City shall not be liable for any taxes, fines, or penalties that may be levied against the Prqject or Angels' use of the Facility. ARTICLE 43. UTILITIES. It shall be the responsibility of Angels to pay -for and sign up fear an account for all utility service for the Facility required during the construction phase of the Facility. To the extent reaso.nably possible, utilities to the Facility shall be separately rnetered or subinetered at f(W,44581 5491.12 306-9905631 ) 189 Angel's sole expense. In the even( that any such utilities cannot be or are not separately metered or assessed or the City elects to supply any utilities, then, insofar as andto the extent that such is permitted pursuant to applicable law and the regulations of the applicable utility company, Angels agrees to purchase the same from the City, provided the rate does not exceed the rate which Angels would be required to pay on a metered basis to the utility company furnishing the same to the Facility. Upon completion of constiiiction and (luring the operation at the Facility, Angels shall be responsible for the payment of all permanent utility service solely to the Facility, From time to time, the City titay perlorm a reconciliation of all or any of An gels' charges and usage for any prior billing period and the City shall provide Angels a copy of the reconciliation within ten (10) days of" the (late the City received the reconciliation. If' during the reconciliation it is deten-nined that, Angels had been overbilled for its usage or that the estimate did not accurately calculate Angels' usage, then tile City shall cause the overbilling or estimate to be correctly adjusted and the, City will, at its option, within thirty (30) days after the City's receipt of such reconciliation remit or credit to Angels the total sums ofthe overbilling. I ARTJCLIe 44. fNREMNIFICATION OFTHE CITY AND MSURANCE. 44.1 Angels shall inderrintfy and hold harmless the City, its officers, and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable afforri.eys' fees, to the extent, caused by the negligence, recklessness, or intentionally wrongful conduct of Angels and other persons employed or- utilized by Angels in the construction of the Ilrqiect and the operation and maintenance of the Facility. Required Insurance. (00544M1. 12 306-%05631 ) Cgnil)rehensive General Liability Nvith.trrinirnum limits of Million Dollars ($1,000,000.00) per occurrence, general aggregate, personal advertising injury combined single limit fbr Bodily Injury I.Jability and Property Damage I.Jability shall inclu(L 0 Premises and/or Operations on an occurrence basis. 0 Independent Contractors. 0 Explosion, Collapse, and UndergI-OLJnd Coverages, 0 Broad Fonn Property Damage. 0 Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harniless and/or indemnification agreement, 0 Personal Irl ' jury Coverage with E"roployees and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily injury Liability and Property Damage Liability. Page 28 of 45 190 P— Business Aittoniobile Lia"ilit with minimum limits of'Cine Million Dollars ($1,00,000.00) per occurrence combined single limit f6r Bodily lrljury Liability and Property Damage Liability. Coverage shall be afforded on a fora) no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsenients, as filed by the Insurance Services Office and shall include: Owned vehicles. Non owned and hired vehicles 44.2 Notice of Cancellation, Expiration., and/or Restriction: The policy(ics) shall be endorsed to provide the City with thirty (30) calendar days' advanced written notice of cancellation, expiration, and/or restriction to the attention of the ProJeot Manager, c/c) Risk Management, City of Boynton Beach, 100 Elast Ocean Avernie, Boynton Beach, Ff. 33435. 443 Angels shall furnish to the Pfqject Manager Certificate(s) of Insurance evidencing the insurance coverages required hereinprior to commencement of any work on this project. Such certificate(s) shall reference this Agreem.ent, The ('.,'try reserves the right, to require a certified copy of such policies upon request, All certificates shall state that the City shall be given thirty (30) calendar (lays' prior written notice of cancellation and/or expiration. 44A The official title of the City is "City of'Boynton Beach." This official title shall be used in all insurance or other legal documentation. Ilse City shall be included as "Additional Insured" with respect to General Liability arising out of operations performed for the City by or on behalf` of Angels or acts or ornissions ot"Angels in connection with such operation. ARTICLE 45. ENVIRONMENTYU, NIATTERS. City represents and warrants to Angels that, to the best of the City's knowledge, (i) the Property is in full compliance with all Environmental Laws; (ii) there has been no discharge of Hazardous Materials at (lie Property; (iii) there are no underground storage tanl(s, septic tanks, potable water well or septic fields in, on, at, -under, or about the Property; and (iv) no clairri, action, suit, or proceedii,,ig i,,., pending or threatened against the City or any third party arising directly or indirectly out of' then discharge of Hazardous Materials at the property, or the presence of underground storage tanks beneath the property. Simultaneously with the execution of this Lease, City shall deliver to Angels all environmental reports, concerning the Property in City's possession, Further, the City agrees to indernnify, defend, and hold Angels harri-dess fi-ormany clainisjudgments, damages (including, without limitation, natural resource damages), fines, penalties, costs, liabilities, and/or losses, including, without limitation, reasonable attorney's fees, reasonable consultants fees, and reasonable expert fees that arise during or after (lie term of this Lease by reason of` the preserice of Hazardous Materials in the �005445M. 12 306-W.WbOl I Page 29 of 45 191 soil, groundwater, soil vapor, or other environmental niedia at, on, under, to or from the Property based on or in connection with events occurring or conditions arising or accruing (a) prior to the Commencement Date or (b) during the term of this Lease that are not caused or introduced by Angels, its assignees, subtenants or licensees, clients, or the employees or agents of any ofthem, "Environmetrual Laws" ineans any and all fedcral, state, local, and foreign statutes, jaws, codes, rules, regulations, ordinances, environtnernal perruits, guidelines, standards, and directives and all applicable agreements and judicial and adnifiristrative orders and decrees pertaining to health, safety, or the environment, and all common law providing for any right or remedy with respect to environmental matters, each as currently in effect or hereinafter afnended, adopted, prorriulgated, or criacted. "Hazardous Materials" means any and all materials, POIlUtants, contatninants, wastes, chemicals, or substances listed, defined, designated, classified, or considered or regulated as dangerous, special, hazardous, toxic, or radioactive, or any terms of similar irnport, under arry applicable Environmental Laws, including petrolem and any derivation or by-product. thereof, asbestos and asbestos- containing materials, lead-based paint, PCBs, and perchlorethylene or related or similar dry cleaning. ARTICLE 11. RETRESENTAIION AND 'ca ARRANrIES OF THE C rY', The City hereby representsand wanwAs to Angels that (i) the City has full power and authority to enter into this Agreement; (ii) the City is the sole fee owner of the property; (iii) to the City's knowledge, the Property complies with all environmental laws and regulations, and all other federal, state, and local rules, regulations, laws, statutes, and ordinances; (iv) the City has obtained all required consents and approvals in order to enter into this Lease (including froln, all MajorTitle Document Holders, as hereinafter defined); The City shall have an affirmative obligation to immediately provide Angels with written notice in the event of any change with regard to the representations set f6rth above, AR'1'1('.,'LE 47. QUIETENJOYMEM'. The City agrees that Angels shall and may peaceably and quietly have, bold, and erkjoy the Facility during theTerm, subject to the coveriants and conditions of this Ground J. -ease, [This Space is firtentionallyl3lank ] (00544,1A1.12 306.91105631 ) Page 30 of 4.5 192 Ilii WITNESS WHEREOF, the parties hereto certify that: they have read mid understand t1iis Agreement and all ("ontract Documents wid attachments hereto and have caused this Agreement to be executed by their duly authorized ollicers on, the (late hereinabove first written, Signed, scaled and delivered it) (11C I)I-CSeDce of'. itness signature) her (Print 11anle of Witness) -k- A02 (Ilri,rtt name ol'Witness) APPROVED AS,04 T : 41o, ORM CITY ATT(IIS NEY'S OFFK"E STATE, OF FLO RFDA COUNTY OFIIALM BEACH (10544581,12,"? 6- 9905631 ) CITY OF BOYNTON BEACH, a Morida inunicipal corporation Page 31 of 45 193 I I TIER EBY C '101 FY, that on before tire by means of online notarization, or a'n o"fficer dUly authorized inn the State and County physical presence, aforesaid to take acknowledtrionts nally appeared as 'Fy 9 1 1-1 rki pt)"Ish. erso e, J)enserga, Mayor, ofthe City of Boynton Beach on beha f the City, and said person(s) either ),,Vroduced the following as identification or (_: ) are personally known to me. W "tEISiny hand and official day of �%Okltk i I i�l# l jilt, Ov, J� % AY STATE OFFLORIDA COUNI'V OFPALM 131,ACH the. Countyand State as listed above, this iv Print NaAi&-(A'Notary PUbliG My ("I'011,1111ission F,'Xlir es: EM BY: Print Naine: ILI' -- — --------- - --------- - I HERF , BY CEIRIVY, that on c',N 2(i before me by means of online notarization, Or %euce,an officer dulyauthorized in (lie State and County af6resaid to , physical pre take acknowledgments, Ock'Sx,"I — -personally appeared as __) produced the — — ------ - nd said person(s) either (... -sonally known to following as identification or L_) are pei tA j'v WITNI"SS my hand and official sea] Jithe ounty n, J,St, e as listed above, tions °" day of 2023, Notary Public Signalure mr Vv� f0ol)A 0'0 -- -- ------------ -- -- 7 PrinlNarueof'Notary'PLI IC MOO 0 My Corvurnssion Expires: I 1-9 120 [Seal] Of (M)544b81 .12 306AW6631 ) Page 32 of 45 194 CI I EXHIBIT "All PROPERTY (DO544581 12 306-9905631 ) Page 33 of 45 195 I EXHIBIT "B" CONTRAC TOR REQUIREMENTS GENERAL QUA LITY 01'WORK, a, Artieles,irraterials, and equipment spceified or shown on drawings shall be new and shall be applied, installed, connected, erected, used, cleaned, and conditioned for proper forming, as per the manufacturer's directions, and as approved by the Project Manager, The Contractor shall, ifrequired, Furnish satisfactory evidence as to kind and cluality of the materials. b. The Contractor shall apply, install, connect, and crest manufactured items or materials according to the recommend at ions ofthe manufacturer when such recommendations are not. in conflict with the 4:.ontrac.t,Docuj.,rients. Tfie Contractor shall furnish copies of the manufacturer's recoinniendations to the Project Manager before proceeding with the work.. c. The Contractor shall at all times enforce strict discipline and good order aniorig its employees, considtailts, and subcontractors at the Project site and shall not, employ oil the f'r(,eject any unfit person or anyone not skilled in the work , , 9 issi tied to him or her, (1, The Contractor shall maintain suitable and SilffiCiCllt guards and barriers, and at night suitable and sufficient. lighting for the prevention of accidents and thefts. I (,J-]ECK DRAWINGSAND DAJ'A. The Contractor shall take tyleaSUrements and verily all dimensions, conditions, quantities and details shown on the drawings, schedules, or offier data,and shall notify the Project Manager of all errors, onnssions, conflicts, and discrepancies f6und therein. Failure to discover or correct erl'ors, conflicts, or discrepancies shall not relieve the Contractor of full responsibility for unskitisfiactory work, fatilty construction, or irnprol.,)er operation resulting therefrom nor from rectifying such condition at the Coritractor's own expense. The Contractor will not be allowed to take advantage of any error or omission. RIOMMOOM The Contractor shall warrant to the City and Angels that all materials and equipment furnished for the Project shall be new, unless otherwise specified, and that all work 10 "rue,io" of t c he Project shall be of good quality, e , fire , frorn faults and nI defects, aird in coraformarice with the Contract DOCLIMents. All work for the Project not conforrning to these requircinClItS, including substitutions not, properly approved ((M4081. 12 306-9106631 r Page 34 of 45 196 and authorized, may be considered defective. If required by the Project Matrager, the Contractor shall furnish satisfactory evidence as to d.ie kind arid quality of' materials and eqUipInCilt. 4. DEUVERY AND STORAGE OF MATERIALS. a. Material stored oil theJob site shall be verified as to quantity and condition by the Contractor, prior to acceptance, Safeguard.ing the material shall be the responsibility of the ("ontractor. Any materials, that are lost, stolen, damaged, or otherwise deemed LITIaCCCPtable by Ole Project Manager shall be replaced at no ")8t, to the city. ba Materials store(] off the job site shall be stored in a bonded warchouse, Safeguarding the material shall be the -responsibility of the Conti'actor. 5, DEFECTIVE WORK. a. The Project Manager shall have the authority to rcJect or disapprove work for the ProJect that the Project Manager finds to be defective, Ifre(plired by the Project Manager, the Contractor shall promptly, as directed, correct all ■ defective worl( or reinove it, from the construction site arid replace it with nondefective work.. 6. CONSTRI.ICTION ATkEA a. 1711e Contractor Shall use areas approved by the (.,try for deliveries and personnel. C*ontract linnts of construction area shall be indicated on tile drawings, Equipment, material, and persorurel shall be in coil forrilance with this C: orrtract, b. To provide for maxi.rilurn saTety and SeCUtity, the Contractor shall erect and maintain all necessary barficades and any other temporary walls and strLICtUreS, and boarding, as required, to protect life and property during, the period of construction. 7. LECIAL RESTRICTIONS ANI TJkA FFJ C'11RO V IS IONS, a. The Contractor shall conforin to all applicable laws, regulations, or ordinances with regard to labor employed, hours of work, and its contractor's general operations, Tile Contractor shall also conduct its operations so as not to close any thoroughfare nor interlere in any way with traffic oil highways without the written consent of the proper authorities. I& DAMAGE TO EXISTIN(.4 FACILITIES, EQUIPMENT, OR UTILITIF"& f005441,Al 12 306440563 � � Page 35 of 45 197 a, Existing utilities have been identified insofar as information is reasonably available; however, it will be tile Contractor's responsibility to verify such inforniation and to preserve all existing utilities whether shown on the drawings or not, If utility conflicts are encountered by the Contractor during construction, the ('011tractor shall give sufficient notice to the owners of the utilities so that they may make the necessary adjustments. b. The Contractor shall exercise care and take all precautions during construction operatiolls to prevent daniage to any existing facilities, equipment, or utilities, Any daniage Caused by the Contractor shall be reported hilinediately to the Project Manager, and such work shall be repaired and/or replaced by d-te Contractor in a manner approve(] by the City, All costs to repair and/or replace any damage to existing facilities, equipment, or utilities shall be the sole responsibility of the Contractor, and such repair or replacementshall be lierf'ornied expeditiously without cost to the City. C. The C',ontractor shall, provide the type of required protection fear finished work at all times and protect adjacent work during cleaning operations and make good any damage resulting from neglect of this precaution. (L Protection of work shall include protecting work that is factory fill i shed during transportation, storage, and during and after installation, Where applicable and as required, the Contractor shall close offareas where certain workhas been coilipleted, to protect it from any darnages caused by others during their operations. el 71lie Contractor shall store inaterials and shall be responsible 1`61- and shall maintain partly or wholly finished work during the constrijetion of the project until the final acceptance ofthe structure. If any materials or part oftlie work should be lost, darnaged, or destroyed byany cause or raealis whatsoever, the Contractor shall satisfactorily repair and replace the same at its own cost.. The Contractor shall maintain suitable and Sufficient guards and barriers, and at night, suitable and sufficient lighting for the prevention of accidents. f, To all applicable Sections where preparatory work is part of work thereon, the Colitractar shall. carefully examine surfaces over which its finished work is to be installed, laid, or applied before commencing with the work. The Contractor shall not, proceed with said work until defective surfaces on which work is to be applied are corrected satisfactorily to tile Project Manager's satisfaction, Cotrancticenient of' work shall be considered acceptance of ,surfaces and conditions,, CONTINUATION OF WORK,, The Contractor shall carry on construction and adhere, to the progress schedule (ONA4NA � 12 306-990563t) Page 36 of 45 198 during all disputes or disagreernents between Angels and the City, No work shall. be delayed or postponed pending resolution of any disputes or disagreements. 10. SHOP DRAWINGS, a. The Contractor shall submit Shop Drawings for all equipment, apparatus, machinery, piping, wiring, fabricated structures, and marurfactured articles, The purpose of the Shop Drawings is to show the sui tabi I ity, efficiency, technique of manufacture, installation requirements, details of the item, and evidence of' its compliance or noncompliance with the Conti -act Documents. b. The Contractor shall submit to the Project Manager a. complete list of prelinritiary data on iterns for which the Shop Drawings are to be submitted. Approval of this list by tile Project, Manager shall in no way relieve the Contractor from SUbTrulling complete Shop Drawings and providing materials, equipment, etc,, f011y in accordance with the Contract DOCLU"ClIts. This procedure is required in order to expedite final approval ofthe Shop Drawings. c, After the approval of tine list ot'items required in 5(b) above, the ("ontractor shall promptly request the Shop Drawings fi-orn the various manufacturers and suppliers, & T'he Contractor shall thoroughly review and check the Shop Drawings, an(] each and every copy shall show its approval thereon. e. If the Shop Drawings show or indicatz depaxtures front the Contract requirements, the Contractor shall make specific mention thereof in its letter of' transmittal, Fail Lire to point. out such departtires shall not relieve the Cot) tractor from its responsibility to comply with the Contract DoCUrnerits. 1'. No work called for by the Shop Drawings shall be done until the Drawings have been approved by the ProJect, Manager, Approval shall not relieve the (...'.'ontraetor from responsibility for errors or omissions of any soil, on the Shop Drawings, g, No approval will be given to partial subiriftta] of the Shop Drawings for itell'is that interconnect and/or are in (erdeficti dent, ft is the Contractor's responsibility to assernble the Shop Drawings for all such interconnecting and/or interdependent items, check them, and then make one (1) subraittal to the Prqfect 1A,anager along with the Contractor's cornrnoits as to compliance, noncompliance, or features requiring special attention. li, if catalog sheets or pri tits of the in,,itiuf'acti,iret�s'staiidai'd drawings are subinitted ,is Shop Drawings, any additional itilbrmation or changes on Such drawing shall be typewritten or lettered in irL (OOM4581,12 306-9905631 p Page 37 of 45 199 The Contractor sliall subinit, to the Prqjeet Manager the number of copies required by the ProJect Manager, R.esubmissions of Shop Drawings shall be made in the sante quantity Until final approval is obtained, The Project Manager's al')proval of the Shop Drawings will be general and shall not relieve the Contractor of responsibility for the accuracy of suell Drawings, nor for the proper fittings and construction of` the work, nor for the furnishing of the materials or work required by the (."onlract and not indicated on the Drawings. No work called for by the Shop Drawings sliall be done until the Drawings have been approved by the Project Manager. Approval shall not, relieve the Conti -actor from responsibility for errors or omissions of any sort on the Shop Drawings. k. TheCoutractor shall keep one (1) set- of the Shop l3rawings nlarkedwith-the Project'Manager's approwil at the construction site at all times. 11, FIELD LAYOUT OF THE" ORO AN].'.) RECIOR.17) DIZAWINGS. a. The entire responsibility for establishing and maintaining a line acrd grade in the field lies with the Contractor. 'rhe Contractor shall maintain all accurate and l)recisc record of the location and elevation of all pipelines, conduits, structures, manholes, handholds, fittings, and the like mid shall deliver these records in good order to the Project N4anager as [lie work is conipleted, These records shall serve as a basisfor record drawitigs. The cost ofall such field layout and recording work shall tie Paid by Axigels. 11 SAFETY AND PRO'I"EC7.110N. I a, The Contractor shall be responsible for initiating, maintaining, and supervising all Safety precatifions and programs in connection with the construction of the project. The Contractor shall take all necessary Precautions for the safet=y of, and shall provide the necessary protection to prevent damage, injury, or loss to: All employees on the construction site and other persons who rilay be affected ther(-,.by; (1) All the work and all materials or equipfnent to be incorporated tbercin, whether in storage on or off the construction site; and (2) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities riot, desig,tated f6r removal, relocation, or replacement in the course of construction. (005445AIJ2 n064MO5631 k Page 38 of 45 200 E ii, The Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having ju,risdiction ffir the safety of persons of property or to protect thern, from damage, injury, or loss, and shall erect and maintain all necessary safeguards for such. safety and protection. The Contractor shall notify owners of.. adjacent property and utilities when prosecution of the work may affect there. All darriage, inJury, or loss to any property referred to in herein, caused directly or indirectly, in, whole or in part, by the Contractor, any subcontractors or consultant, or anyone directly of indirectly employed by any oftheca or anyone for whose acts any of therm may be liable, shall be remedied by the Contractor, The Contractor's duties and responsibilities for the safety and protection of the construction site Shall C0116TILIC, Until the construction oft to Project are completed, and the Pro ' ject Manager has issued a notice to C the ontractor that; the Prqject is deceptable, except as otherwise provided herein, Uso of Com al Portions. iii. The Contractor shall designate a responsible member of its organization at, the Project site Nvliose duty shall be the prevention of I accidents, This person shall be the, Contractor's Designated Representative unless otherwise designated in writing by Contractor to I the City, 13. CLEA NINE 1.111 AND REMOVAL OF EQUIPMENT% a. "1,lie Co ntractor shall at all times lwep the construction site free front . accurradation of waste materials or rubbish caused by the Contractor's operations. At the completion of the construction, the, Contractor shall remove all its waste materials and rubbish fi-orn and about the site, as well as its tools, constmetion equipment, machinery, and stirphIS materials. If the Contractor fails to clean up at the completion of the construction, the City may do so, and ffic cost, thereof shall be charged to (lie Contractor. 14. BONDS, INDEMNIF ICATIGN, A ND INSURANCE'. Prior to commencement of any work on the construction of the project, the 0),110,11CtOr Shall furnish a Performance and Payment Guaranty consisting ofeither: a, Performance and'pavrnent, Boud-(urety L-- � i A performance and Payment Bond (separate Performance Bond and separate Payment Bond) of the form and containing all the provisions of' the Performance and Payment Bond (Perfonuance Bond and Payment Bond formas), attached hereto and niade a par( hereof. f005445A1J2,Mfi-G9M01 ) Page 39 of 45 201 n i i. The Bonds shod I be in the aMOUnt of one hundred ten percent (1'.10%) of the Contract amount guaranteeing to the City the completion and perforttiance ofthe Prqject covered in this Agrecilictit, as well as full payment of' all suppliers, materialmen, laborers, or subcontractors eniployed pursuant to the construction of the Project, Such Bonds shall be with a surety C0111pany that, is qualified pursuant to Section c, Oualifications ofSurer v below. iii, Such Bonds shall be in effect, for one (1) year after corripletion and acceptance of the Pro.ject with liability equal to one hundred ten percent (I 10%) of` the Contract price, or 4in additional Bond shall be conditioned (hat the Contractor shall, upon notification by d"ie City, correct any defective or faulty work or materials that appear within one (1) year after completion of the construction. iv, The Payment and Perf"Ori-nance Bond required herein shall be in conforinance with Chapter 255.051, Florida �51atules, and shall be or) such forn-is provided by tl,).e City. V. The City shall not be responsible for the cost to secure the Performance and Payment Bonds required for the construction cif the ProJecL b, Perforniance arid Payment (Yugrarity. In lieu ofa Performance and Pay hent Bond, the Contractor may furnish an alternate forni of security that may be in the forrn of cash, money order, certified check, cashier's check,, or irrevocable letter of credit, Such alternate fornis of security shall be for the same purpose and shall be subject to tyre same conditions as those applicable above and shall be field by the City for one (1) year after completion and acceptance of the Protect. C. QL.1alifications of Surety i, A Performance Bond and separate payment Bond shall be executed by a surety conipany shown on the United States Treasury approved list of couipanies and also authorized to do business in the State of Florida. Both Bands shall show the City as obligee. ii, 'llie surety company shall have at least the fallowing rninitinfln ratings in the latest version ofAM. Best's'llisurance Report: Arnotint ofBond Policyholder's Best's Financial Ratings Size Category 500,001 to 1,000,000 1 11 B-1- Class I j()OS44--81.12,1(A M05631 ) Page 40 of 45 202 1,000,001 to 2,000,000 134. Class 11' 2,000,001 to 5,000,000 A Class III 57000,001 to 10,000,000 A Class TV 10,000,()01 to A Class V 25,000,000 harmless clauses 25,000,001 to A Class Vf 50,000,000 50,000,001 or more A —C I a ss V1 I iii, Indemnification of the ON (1) The Contractor shall indenirlify and hold harmless (fie City, its officers, and eruployec,s from liabilities, damages, losses, and costs, including, but [lot limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other persons employed or utilized by die (.7ontractor in the design and construction of the ProJect. The indenluifiCati011 herein is limited to the greater of the Insurance of the Contractor Jbr such clann or Five Million Dollars ($5,000,000,00), whichever is greater. Regardless of the foregoing, this provision shall be limited by Chapter 725.06, Florida Stalules. (2) The indemnification provided above shall obligate the Contractor to defend at its own expense to and through appellate, supplemental, or bankruptcy proceeding, or to provide for such defense, at the City Attorney's option, any and all claims cif" liability and all suits and actions of every name arld description that may be bro-ught against the City that alay result frorn the operations and activities under this Agreement, whether performed by the Contractor, its subcontractors, its consultants, or by anyone directly or indirectly employed by any of the above, (3) The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the foregoing indemnification. provision; however, the collateral obligation of insuring this indeninity shall be complied with as sot forth herein. & TnsiLr4i.—ice The (-,',ontractor shall provide, pay fair, and maintain in force at all times such hisurance, including Workers' Compensation Insurance, 11�mployer's Liability Insurance, Coniprehensive General I-Jability Insurance, and shall provide, pay for, and rnaintain in force at all times duritig the construction of the Projects, Professional Liability Insurance to assure to the City the protection contained in file foregoing indemnification and save harnileSS Clauses undertakeii by the Contractor. The Comprehensive General Liability Policy shall clearly identify the f-bregoing ir,idem.nification and save harmless clauses by the additional named insured (0054468IJ 2 306-M5631 ) Page 41 of 45 203 Iendorsement under this Article, Such policy or policies shall be issued by companies authorized. to do business in the State of Florida and have a resident agent licensed in Florida, The Contractor shall specifically protect the City by training the City as all additional named insured under the Comprehensive General Liability Insurance Policy hereinafter described. Professional Liabilitv (Errorsand Omissionsj, Intentionally Otnitted. ii. W(&kgrs' Canlpensation tLisuratl to apply for all erriloyees in compliancep with. the "Worlcei-s'('oji-i]-.)eiisatioii 111aw" of the State ofl,'lorida and all applicable federal laws. In addition., the policy(ies) shall include EmPloyer's, Liability with limits of One Million Dollars ($1,000,000,00) each accident, One Million Dollars (`1,000,000.00) each disease, and One Million Dollars ($ 1,000,000,00) agire gate by disease. iii. Coml)rehensive General Li1h2ily with ininimurn limits of One Million Dollars ($1,000,000,00)peroccurrence combined single limit for Bodily hijury Liability and Property Darriage Liability shall include: (1) Premises al)(1/01- ()perations oil an occurrence basis. (2) Independent Contqictors, (3) Products and/or Completed Operations Liability on all occurrence basis. (4) Explosion, Collapse, and Underground Coverages. (5) Broad Form Property Damage, (6) Broad Form Contractual Coverage applicable to this specific Ngreentent, including any hold harmless and/or indemnification agreement, (7) Personal firjury Coverage ' ' I overage with E"niployces and Contractual Exclusions removed with mitinnuin limits of' coverage equal to those required for Bodily h-kjury Liability and Property Darliage Liability. iv, Business AIIJULnobile I.J�abifit f� with minimum limits of One Miltion Dollars ($1,00(1,000.00) per occurrence combined single firnit for Bodily ftajury Liability and Property Damage Liability, Coverage shall be afforded on a formno niore, restrictive than the latest edition of the Brisiness Automobile Liability Policy, without restrictive endorsements, as filed by, the Insurance Services Office and shall include: Owned vehicles. Noll-OWIled and hired vehicles, V, Builder's Risk Insurance - Coverage shall be "All Risk" coverage fz)l- one hundred percent (100%) of the completed value of the SbIlcture(s), building(s) or addition(s). Whore, contract calls for itislall of machinery or equipment, the policy mus, be endorsed to provide coverage on "All Risk" basis during transit and installation. The policy must be issued with a deductible of'not more than $50,000 per clairn 1005445411 A2 306-09056,111 Page 42 of 45 204 F Builders Risk/ Installation Iloater - The Contractor shall take out and maintain, as applicable, during the construction of the ProJect, "all, risk" type builders risk. insurance satisfactory to the City for the completed value of the ProJect that shall protect the Contractor and the City as their interests may appear, for the following hazards to (lie work, CTICOMPaSSing Structures in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and C0118titUting a par( of said, structures, as well as materials. and equipment suitably stored at the site and the Contractor's construction equipment, inaterials, and. ternporary structures: (1) Fire and lightning, vandalism, and malicious mischief-, (2) Extended coverage including windstorm, hail, flood, explosion, riot, Civil commotion, aircraft, vehicle, and sniolce dainage. e. Notice of Cancellation, F,�xpiration, and/or Restriction: The policy(ics) shall be endorsed to provide the, City with thirty (30) calendar days" advanced written notice of' cancellation, expiration, and/or restriction to the attention of the Project Managei-, c/o Risk Mama. einent C,00rdinator, City of Boynton Beach, 100 East Occan Avenue, Boynton Beach, lel:, 33435, f. The Contractor shall furnish to the Project Manager Certificate(s) of Insurance evidencing the insurance coverages required herein prior to cormnencement of any work on this Prqject. Such certificate(s) shall reference this Agreement. The City reserves the right to require, a certified copy of such policies upon request. All certificates shall state that the City shall be given thirty (30) calendar (lays' prior, Written notice of cancellation and/or expiration. g, 'llic official title of the City is "City of` Boynton Beach" This official title shall be, used in all insurance or other legal docunientalion. The City shall be included as, "Additional Insured" with respect to liability arising out of operations perloirnied for the City by or on behalf of the Contractor or acts or omissions of the Contractor in connection with such operation, fOO544,1%1 A2 306-"056311 Page 43 of 45 205 CITY OF BOYNTON REACH 111WREATION &PARKS DEPARTMENT F-W11BIr,c, Background Screening Acknowledgement Ills E xhlbit "C" is attached to and shall be considered as part of the Agreement between the CITY and Angels. The Angels through the undersigned named below, hereby attests that Angels understan& and agrees to comply with the Level 11 background screening requirements more particularly described in Section 435.04, Florida Statutes, Angels acknowledges and agrees no person other than those whom have successfully passed all aspects of the Florida Department of Law Enforcement Level TI background screening process within the previous five (5) years shall be Permitted to act on behalf of or in any official capacity with Angels for Programming at the Little League Park and/or any City Owned Facility during the term of Agreement. Angela acknowledges aM agrees that it is responsible for ensuring all instructors, teachers, staff volunteers and agents of Angels successfully complete and pass the Level 11 background screening in advance of all authorized activities. CITY'shall not be responsible for the costs associated with the Level 11 background screening required in. Angels agrees to intiemnify CITY against any claims or cause of action arising from or related to Angels's failure to ensure all individuals acting on behalf of or in any official capacity with Angels have completed and passed the required Level R background screening as required herein, F'mafl —bc4as -ye.�a -e 1 ,,, - —.-- - - --------- - --- — STATE OF FLORIDA COUNTY OF ZIME The, foregoing tuIr ickn led!!Lbefore me by means of re,, or fent was i %wee j online not ration this day of 7A t as ) for A th I c iie 'An"g"cj's Foundation, Inc �4 e ofNotary i�.'gtste f Florida (NOTARY SEAL) (Name ol"Notery Typed, Printed, or Stamped) lmaff�� mio M 1M4. (WS"01,12 XXW-MON31) Page 44 of 46 206 Ll EXHIBIT 'Ut EASTBOYNTON BEIACM I JITLE LEAGUE MASTER VL/"LN Note: Plan may change, as needed, during the site plan promss, ((KXT44b8l,l2 304)4AW!k3l ) Page 45 of 45 207 6.E Consent Agenda 10/3/2023 Proposed Resolution No. R23-137- NFL Grassroots Grant Fiscal Support Agreement with Youth Enrichment Association for Academics and Athletics, Inc. Requested Action: Approve and authorize the Mayor to sign the Fiscal Sponsor Agreement between Youth Enrichment Association for Academics and Athletics (YEAAA) and the City of Boynton Beach to receive funds in the amount of $250,000 to renovate the football field at the Ezell Hester Jr. Community Park awarded by Local Initiatives Support Corporation (LISC), Miami Dolphins, and NFL Foundation Grassroots Grant. The NFL Grassroots Program will issue a total of three million dollars this year towards the renovation and construction of football fields located in NFL communities nationwide. Explanation of Request: The Youth Enrichment Association for Academics and Athletics, Inc. (YEAAA) and the City of Boynton Beach have been awarded $250,000 by Local Initiatives Support Corporation (LISC), Miami Dolphins, and NFL Foundation for the renovation of the football field at Ezell Hester Jr. Community Park to install synthetic turf. The Fiscal Support Agreement states that YEAAA agrees to sponsor the Ezell Hester football field renovation project with the funding awarded from the Grassroots Grant and the City of Boynton Beach agrees to complete the field renovation project. How will this affect city programs or services? The NFL Grassroots Grant funding will help support the Ezell Hester Jr. Community Park field renovation project to install artificial turf. Fiscal Impact: Grant funding to assist with the completion of the Ezell Hester Jr. Community Park football field renovation project to install artificial turf. Attachments: R23-137 Resolution approving Fiscal Sponsor Agreement with YEAAA NFL - Fiscal Sponsor Agreement (YEAAA).pdf 208 1 RESOLUTION NO. R23-137 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FISCAL 6 SPONSOR AGREEMENT BETWEEN YOUTH ENRICHMENT 7 ASSOCIATION FOR ACADEMICS AND ATHLETICS (YEAAA) AND THE 8 CITY OF BOYNTON BEACH TO RECEIVE FUNDS IN THE AMOUNT OF 9 $250,000 TO RENOVATE THE FOOTBALL FIELD AT THE EZELL HESTER 10 JR. COMMUNITY PARK AWARDED BY LOCAL INITIATIVES SUPPORT 11 CORPORATION (LISC), MIAMI DOLPHINS, AND NFL FOUNDATION 12 GRASSROOTS GRANT; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, The Youth Enrichment Association for Academics and Athletics, Inc. 16 (YEAAA) and the City of Boynton Beach have been awarded $250,000 by Local Initiatives 17 Support Corporation (LISC), Miami Dolphins, and NFL Foundation for the renovation of the 18 football field at Ezell Hester Jr. Community Park to install synthetic turf; and 19 WHEREAS, The Fiscal Support Agreement provides that YEAAA agrees to sponsor the 20 Ezell Hester football field renovation project with the funding awarded from the Grassroots 21 Grant and the City of Boynton Beach agrees to complete the field renovation project; and 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to approve 24 and authorize the Mayor to sign the Fiscal Sponsor Agreement between Youth Enrichment 25 Association for Academics and Athletics (YEAAA) and the City of Boynton Beach to receive 26 funds in the amount of $250,000 to renovate the football field at the Ezell Hester Jr. 27 Community Park awarded by Local Initiatives Support Corporation (LISC), Miami Dolphins, 28 and NFL Foundation Grassroots Grant. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission hereby approves and authorizes the Mayor to S:ACA\RESO\Agreements\Fiscal Sponsorship Agreement wwith YEAAA - Reso.docx 209 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 sign the Fiscal Sponsor Agreement between Youth Enrichment Association for Academics and Athletics (YEAAA) and the City of Boynton Beach to receive funds in the amount of $250,000 to renovate the football field at the Ezell Hester Jr. Community Park awarded by Local Initiatives Support Corporation (LISC), Miami Dolphins, and NFL Foundation Grassroots Grant. A copy of the Agreement is attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 3rd day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RESO\Agreements\Fiscal Sponsorship Agreement wwith YEAAA - Reso.docx 210 Fiscal Sponsor Agreement Between Youth Enrichment Association for Academics and Athletics, Inc. And The City of Boynton Beach Project Description: The Youth Enrichment Association for Academics and Athletics, Inc. and the City of Boynton Beach have been granted $250,000 by the Miami Dolphins through the National Football League Foundation Grassroots Program ("Program") for a new synthetic turf field at Ezell Hester Center Community Park. Youth Enrichment Association for Academics and Athletics has determined that sponsorship of the project would be consistent with its goals and wishes to make arrangements with the City of Boynton Beach for the implementation of the project. 1. Youth Enrichment Association for Academics and Athletics, Inc. (YEAAA) hereby agrees to sponsor the project and to assume programmatic, financial, and legal responsibility for purposes of the requirements of the Program. The City of Boynton Beach (COBB) agrees to implement the project in accordance with the terms of this agreement and with any requirements imposed by the Program. 2. The Project shall be operated in a manner consistent with YEAAA's tax-exempt status and as described in this agreement. No material changes in the purposes or activities of the Project shall be made without prior written permission of the Program, nor shall the City carry on activities or use funds in any way that jeopardizes YEAAA's tax-exempt status. 3. The City of Boynton Beach will provide all information and prepare all reports, including interim and final reports, required by the Program, with YEAAA's assistance. 4. On behalf of the City of Boynton Beach, YEAAA will establish and operate for the use of the Project a designated account segregated on YEAAA's books. All amounts deposited by the Program into the Project's Account will be used in its implementation. 5. Within fourteen (14) days of YEAAA's receipt of Project funds from the Program, the YEAAA shall disburse funds from the Project's Account in the following manner to the City of Boynton Beach: Via Check from YEAAA to the City of Boynton Beach to be deposited in a specific account for this purpose Disbursements shall be restricted to the support and implementation of the Project only. 211 6. The City of Boynton Beach designates the City Manager or his/her designee to act as authorizing official. The authorizing official shall act as principal coordinator of the Project's activities with YEAAA and shall have authority to sign the disbursement request. 7. YEAA and the City will maintain all financial records relating to the Project according to generally accepted accounting principles, retain records as long as required by Florida law, and make records available to the Program and to auditors as required by law. 8. YEAAA and the City will reflect the activities of the Project to the extent required on their state and Federal government tax returns and financial reports. All disbursements from an account shall be treated as an advance payment made to the City to accomplish the purposes of the Project. The City will provide YEAAA with proper documentation to accomplish this, including furnishing YEAAA with the City's Federal Employer Identification Number. 9. YEAAA and the City shall meet quarterly to discuss the progress of the Project as well as the disbursement of the funds. 10. Records- Public Records a. Records to be Maintained 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 Sponsor shall comply with Florida's Public Records Law. Specifically, the Sponsor shall: 1. Keep and maintain public records required by the CITY to perform the service; 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 2 212 3. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Sponsor shall destroy all copies of such confidential and exempt records remaining in its possession once the Sponsor transfers the records in its possession to the CITY; and 4. Upon completion of the contract, Sponsor shall transfer to the CITY, at no cost to the CITY, all public records in Sponsor's possession All records stored electronically by Sponsor 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. s. IF THE SPONSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SPONSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FL, 33435 561-742-6060 CITYCLERK@BBFL.US 11. Hold Harmless. The Sponsor agrees to defend, indemnify and hold the City and Florida Housing Finance Corporation harmless from any and all claims, actions, suits, charges and judgments of any nature whatsoever which may arise from the Sponsor's performance or nonperformance of this Agreement. The Sponsor shall not be liable for acts of the City, its officers, agents or employees. Nothing in this paragraph shall be construed as a waiver by the City of its right to statutory sovereign immunity under Florida Statute §768.28. 3 213 In witness whereof, the parties hereto have executed this Agreement on the day and year first written above. CITY OF BOYNTON BEACH YOUTH ENRICHMENT ASSOCIATION FOR ACADEMICS AND ATHLETICS, INC. Ty Penserga, Mayor (Signature), Company Approved as to Form: David N. Tolces, Interim City Attorney Attested/Authenticated: Maylee DeJesus, MMC City Clerk 0 Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name 214 6.F Consent Agenda 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Legal Invoices July/August 2023. Requested Action: Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. Interim City Attorney - Weiss Serota Helfman Cole & Bierman $ 113,733.56 Other outside counsel $ 11,031.55 TOTAL $ 124,765.11 How will this affect city programs or services? n/a Fiscal Impact: No Fiscal Impact. All items are budgeted. Attachments: Johnson Anselmo - Ford July 2023.pdf Johnson Anselmo - Geico aso Fernandez July 2023f.pdf Johnson Anselmo - Natalie Flake - July 2023.pdf Johnson Anselmo - Bozzacco - July 2023.pdf Johnson Anselmo - Philson - July 2023.pdf Johnson Anselmo - Moxie Pest Control July 2023.pdf Wydler Law - Smith vs Police Officers July 2023.pdf Lewis Longman E21- Litigation - August 2023.pdf Lewis Longman TS Development August 2023.pdf Johnson Anselmo - Smith vs Police Officers - Berben August 2023.pdf Wydler Law - Smith vs Police Officers August 2023.pdf Roberts Reynolds - Beecher vs Felix August 2023.pdf Roberts Reynolds - Geraci vs Zeller - August 2023.pdf Johnson Anselmo - Torocsik August 2023.pdf 215 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75826 / CJS 00281 30233 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Sharon Tasha Ford vs. City of Boynton Beach, Robert Kellman, Ricky Lauture and Russell Faine FOR PROFESSIONAL SERVICES RENDERED: 07/25/2023 CJS Prepare Notice Of Appearance/Notice Of Email Designation 0.20 07/31/2023 CJS Review correspondence from Karen Klein regarding status 0.20 07/31/2023 CJS Review file regarding status and lack of prosecution 0.30 07/31/2023 CJS Prepare correspondence to Karen Klein regarding status update 0.20 Total Professional Services: $202.50 Stearns, Chris J. 0.90 225.00 $202.50 DISBURSEMENTS Summary: Total professional services $202.50 Total Amount Billed $202.50 Less Pre -Paid Applied $0.00 Please Pay this Amount $202.50 216 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75827 / EBJ 00281 43016 Via: claims@bbfl.us Michael Carlson City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Geico as Subrogee of Bruno Henrique Fernandes vs. City of Boynton Beach (Tristar Claim No. 19762606 FOR PROFESSIONAL SERVICES RENDERED: 07/01/2023 CJS Receipt and review of deposition transcript of Bruno Fernandes 0.80 07/08/2023 CJS Review Order granting City's Motion for Summary Judgment 0.50 07/10/2023 CJS Prepare correspondence to Morgan Chaloupka, Michael Carlson, Tenille 0.20 Decoste, Lynn Swanson and Mike Cirullo, Esq., regarding order granting summary judgment in favor of the City 07/10/2023 CJS Review correspondence from Mike Cirullo, Esq., regarding separate 0.20 judgment in favor of City 07/10/2023 CJS Prepare correspondence to Mike Cirullo, Esq., regarding expected entry 0.20 of a judgment 07/27/2023 CJS Review Plaintiff s Motion for Approval of Stipulation for Substitution of 0.30 Counsel 07/27/2023 CJS Review Notice of Appearance by new counsel for City 0.30 Total Professional Services: $562.50 Stearns, Chris J. 2.50 225.00 $562.50 DISBURSEMENTS Summary: Total professional services Total Amount Billed Less Pre -Paid Applied $562.50 $562.50 $0.00 217 Please Pay this Amount Invoice Number 75827 $562.50 Page 2 218 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75828 / EBJ 00281 43019 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Natalie Flake vs. City of Boynton Beach (Tristar Claim No. 20818346) FOR PROFESSIONAL SERVICES RENDERED: 07/05/2023 CJS Review order of dismissal 0.20 Total Professional Services: $45.00 Stearns, Chris J. 0.20 225.00 $45.00 DISBURSEMENTS Summary: Total professional services $45.00 Total Amount Billed $45.00 Less Pre -Paid Applied $0.00 Please Pay this Amount $45.00 219 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75829 / EBJ 00281 43022 Via: claims@bbfl.us Cindy Rogozin City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Beverly Bozzacco vs. FDOT and City of Boynton Beach (Tristar Claim No. 2390089 1) FOR PROFESSIONAL SERVICES RENDERED: 07/05/2023 CJS Review Plaintiffs objection to subpoenas 0.20 07/05/2023 CJS Prepare notice of hearing on Plaintiffs Objections to Subpoenas 0.20 07/05/2023 MCN Review Plaintiffs objection to the City's notice of production from 0.30 non-parties and subpoenas; update witness identification / exhibit list 07/17/2023 CJS Review Plaintiffs Response in Opposition to FDOT's Motion to Abate 0.50 07/17/2023 CJS Prepare Notice of Hearing on Plaintiffs Objections to Subpoenas Duces 0.20 Tecum 07/20/2023 CJS Review correspondence from David Tolces, Esq., regarding status 0.20 07/20/2023 CJS Prepare correspondence to David Tolces, Esq., regarding status 0.20 07/20/2023 CJS Review Co -Defendant's Request for Records to City 0.20 07/21/2023 MCN Review Boyton Leisureville Community Association's request for 0.30 records subpoenaed from non-parties; update witness identification / exhibit list Total Professional Services: $457.50 Stearns, Chris J. 1.70 225.00 $382.50 Nunez, Michelle C. 0.60 125.00 $75.00 DISBURSEMENTS Summary: Total professional services Total Amount Billed $457.50 $457.50 220 Less Pre -Paid Applied Please Pay this Amount Invoice Number 75829 Page 2 $0.00 $457.50 221 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75830 / EBJ 00281 43028 Via: claims@bbfl.us Diana Taylor City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Tammi Philson vs. City of Boynton Beach (Tristar Claim No. 001470 -000440 -GB -01 FOR PROFESSIONAL SERVICES RENDERED: 07/05/2023 JHR Prepare correspondence to Alan Sackrin, Esq. regarding plaintiffs 0.20 outstanding discovery responses 07/11/2023 JHR Exchange multiple correspondences with Alan Sackrin, Esq. regarding 0.50 plaintiffs withdrawal of mental anguish damages 07/12/2023 CJS Review of correspondence from Alan Sackrin, Esq. regarding our 0.20 subpoena duces directed to Life Christian Counseling Network 07/12/2023 JHR Exchange multiple correspondences with Bryan Rotella, Esq. regarding 0.30 the City's withdrawal of subpoena to Life Christian Services in light of plaintiffs withdrawal of mental anguish damages 07/12/2023 JHR Exchange multiple correspondences with Alan Sackrin, Esq. regarding 0.60 status of plaintiffs remaining discovery responses 07/17/2023 WBH Draft Motion to Compel and proposed Order 1.30 07/19/2023 CJS Review Plaintiff's Answers to Defendant's Second Interrogatories 0.30 07/19/2023 CJS Review Plaintiffs Notice of Serving Answers to Second Set of 0.20 Interrogatories 07/19/2023 MCN Summarize Plaintiffs answers to the City's 2nd set of interrogatories 0.30 07/20/2023 JHR Analyze plaintiffs answers to the City's second set of interrogatories to 0.50 identify potential deficiencies 07/27/2023 CJS Review Plaintiffs Motion for Approval of Stipulation for Substitution of 0.30 Counsel 07/27/2023 CJS Review Notice of Appearance by new counsel for City 0.30 222 Invoice Number 75830 Page 2 DISBURSEMENTS 0713112023 Printing and Imaging Services Total Professional Services: Total Expenses Advanced: $1,095.00 Stearns, Chris J. 1.30 225.00 $292.50 Railey, Jonathan H. 2.10 225.00 $472.50 Nunez, Michelle C. 0.30 125.00 $37.50 Harris III, Wilford B. 1.30 225.00 $292.50 DISBURSEMENTS 0713112023 Printing and Imaging Services 8.05 Total Expenses Advanced: $8.05 Summary: Total professional services $1,095.00 Total expenses incurred +$8.05 Total Amount Billed $1,103.05 Less Pre -Paid Applied $0.00 Please Pay this Amount $1,103.05 223 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 August 28, 2023 Billed Through 07/31/2023 Invoice 75831 / CJS 00281 43288 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Moxie Pest Control vs. City of Boynton Beach FOR PROFESSIONAL SERVICES RENDERED: 07/05/2023 CJS Review correspondence from Morgan Chaloupka regarding police 0.30 department's handling of applications and the fact that the City does not fingerprint for solicitation purposes 07/05/2023 CJS Correspondence to Morgan Chaloupka regarding police department's 0.20 handling of applications and the fact that the City does not fingerprint for solicitation purposes 07/06/2023 CJS Review correspondence from Morgan Chaloupka regarding questions 0.30 related to fees paid for the solicitation and answers provided by Tammy Stanzione 07/06/2023 CJS Review correspondence from Diana Taylor regarding incorrect 0.20 information provided by Attorney Kent Krabill and response regarding future steps in litigation 07/06/2023 CJS Correspondence to Diana Taylor regarding incorrect future steps in 0.20 response to Attorney Krabill 07/06/2023 CJS Review correspondence from Diana Taylor regarding agreement with 0.20 responding to letter of Kent Krabill addressing all the inaccuracies 07/06/2023 CJS Review correspondence from Morgan Chaloupka regarding agreement to 0.20 proposed plan 07/10/2023 CJS Review correspondence from Bennet Hampilos, Esq., regarding Boynton 0.30 Beach solicitation restrictions and potential resolution 07/10/2023 CJS Telephone conference with Bennet Hampilos, Esq., regarding Boynton 0.50 Beach solicitation restrictions and potential resolution 07/11/2023 CJS Review correspondence from Bennett Hampilos, Esq., regarding 0.30 proposed letter agreement related to Boynton Beach's solicitation requirements 224 Invoice Number 75831 Page 2 07/11/2023 CJS Prepare correspondence to Morgan Chaloupka, Tenille Decoste and 0.20 Mike Cirullo, Esq., regarding Moxie's proposal 07/11/2023 CJS Review correspondence from Morgan Chaloupka, regarding Moxie's 0.20 proposal 07/11/2023 CJS Telephone conference with Morgan Chaloupka regarding potential 0.30 resolutions 07/11/2023 CJS Review correspondence from Morgan Chaloupka regarding follow up 0.20 questions to the Deputy City Clerk and expected response time 07/11/2023 CJS Prepare correspondence to Morgan Chaloupka regarding follow up 0.20 questions to the Deputy City Clerk and expected response time 07/16/2023 CJS Research regarding Florida Statutes applicable to home solicitation and 1.80 analyze impact on Boynton Beach's ordinance 07/19/2023 CJS Prepare correspondence to Tenille Decoste, Morgan Chaloupka and 0.30 Mike Cirullo, Esq., regarding potential issues with constitutionality of position component of the solicitor ordinance 07/19/2023 CJS Review correspondence from Morgan Chaloupka regarding conference 0.20 to discuss potential letter agreement 07/19/2023 CJS Prepare correspondence to Morgan Chaloupka regarding conference to 0.20 discuss potential letter agreement 07/19/2023 CJS Telephone conference with Morgan Chaloupka regarding 0.30 recommendation that the City discontinue the physician examination for solicitors 07/20/2023 CJS Prepare correspondence to Morgan Chaloupka regarding status of City's 0.20 decision on whether to agree to the letter 07/27/2023 CJS Review correspondence from Diana Taylor regarding status 0.20 07/31/2023 CJS Review correspondence from Diana Taylor regarding status 0.20 07/31/2023 CJS Review file and prepare status update to Diana Taylor 0.30 Total Professional Services: $1,687.50 Stearns, Chris J. 7.50 225.00 $1,687.50 DISBURSEMENTS 0713112023 Printing and Imaging Services Summary: Total professional services Total expenses incurred Total Amount Billed Total Expenses Advanced: $1,687.50 +$0.70 $1,688.20 0.70 $0.70 225 Less Pre -Paid Applied Please Pay this Amount Invoice Number 75831 Page 3 $0.00 $1,688.20 226 LAW 2600 Douglas Road PH -4 Coral Gables, FL 33134 (305) 445-5528 (305) 446-0995 Fax August 25, 2023 TAX I.D. 92-1828074 Claims/Human Resources and Risk Manageme City of Boynton Beach 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Claim No.: 22891273 Professional Services 7/20/2023 WL Rec and rev order changing time of calendar call 7/24/2023 WL Review/analyze order continuing trial WL Rec and rev e-mail from Stephanie Kaufer re pretrial deadlines WL Rec and rev e-mail from Scott Alexander re pretrial deadlines; draft response 7/25/2023 WL Rec and rev e-mail exchange re new deadlines 7/31/2023 WL Rec and rev e-mail exchange re motion follow-up For professional services rendered Previous balance 8/8/2023 Payment - Thank You Total payments and adjustments Balance due Invoice No. 6304 Hours Amount Amount 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.30 $42.00 $42.00 0.40 $56.00 $56.00 0.30 $42.00 $42.00 1.60 $224.00 $140.00 ($140.00) ($140.00) 227 Claims/Human Resources and Risk Manageme Timekeeper Summary Name Lourdes PLEASE MAKE CHECKS PAYABLE TO WYOLER LAW Page Hours Rate 1.60 140.00 228 LLONGLEWIS MAN LW WALKER City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 September 11, 2023 Invoice No. KBR-154263 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E21- Town Square Date Services Hours 08/02/23 KBR Receive and review Notice of Special Set Hearing. 0.20 08/15/23 KBR Attention to Notices of Unavailability. 0.20 08/16/23 LKW Review file; prepare correspondence regarding the 0.40 pending letter and Motion; prepare Notice of Unavailability for K. Rossmell; prepare Notice of Unavailability for A. Petrick; update database with dates of unavailability. 08/16/23 ATP Emails regarding work session on Motion. 0.30 08/16/23 KBR Various email communication with office concerning 0.40 filing status; attention to filing Notices of Unavailability for A. Petrick and K. Rossmell. 08/21/23 LKW Receive and review Order on City of Boynton Beach's 0.40 Motion for Approval of Stipulation for Substitution of Co -Counsel; update Certificate of Service; update database. Summary of Services Amount 77.00 77.00 M 11 114.00 154.00 94.00 229 Rate Hours Amount ATP Petrick, Amy T. 380.00 0.30 114.00 KBR Rossmell, Kathryn B. 385.00 0.80 308.00 LKW Wood, Lisa K. 235.00 0.80 188.00 Total for Services 1.90 $610.00 229 Client Ref: 3772-005 Invoice No. KBR-154263 Open Invoices for this Matter Date Invoice No. 07/24/23 153570 08/16/23 154060 Outstanding Amount Due: Total for Services and Expenses Previous Balance Payments Since Last Invoice Amount Due September 11, 2023 Page 2 $610.00 20,267.50 -0.00 $20,877.50 Amount Billed Amount Paid Amount Due 15,268.50 0.00 15,268.50 4,999.00 0.00 4,999.00 20,267.50 Current and Outstanding Amount Due: $20,877.50 230 Invoice No. KBR-154263 Invoice Date: September 11, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses $610.00 Previous Balance 20,267.50 Payments Since Last Invoice -0.00 Amount Due $20,877.50 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and e -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 231 LLONGLEWIS MAN LW WALKER City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 003 Town Square Development Agreement 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 September 11, 2023 Invoice No. KBR-154262 Date Services Hours 08/01/23 KBR Telephone conference with D. Tolces regarding Time 0.20 Equities and matter history. Summary of Services Rate Hours KBR Rossmell, Kathryn B. 385.00 0.20 Total for Services 0.20 Total for Services and Expenses Previous Balance Payments Since Last Invoice Amount Due Open Invoices for this Matter Date Invoice No. Amount Billed Amount Paid Amount Due 07/24/23 153569 77.00 0.00 77.00 Outstanding Amount Due: 77.00 Current and Outstanding Amount Due: Amount 77.00 Amount 77.00 $77.00 $77.00 77.00 -0.00 $154.00 $154.00 232 Invoice No. KBR-154262 Invoice Date: September 11, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 003 Matter Name: Town Square Development Agreement Total for Services and Expenses $77.00 Previous Balance 77.00 Payments Since Last Invoice -0.00 Amount Due $154.00 Amount enclosed: Please remit checks to: Lewis, Longman & Walker, P.A. PO Box 628742 Orlando, FL 32862-8742 For your convenience, we accept credit card and e -check payments online at: http://www.11w-law.com/template/payment/ For billing questions, please contact our Billing Department at: (561) 640-0820. 233 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 September 14, 2023 Billed Through 08/31/2023 Invoice 75909 / SDA 00281 42164 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22891271 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 08/01/2023 SDA Review and exchange emails with Co -Defense Counsel regarding 0.40 dividing up work for remaining evidentiary motions 08/10/2023 SDA Review Herny's Motion to Reschedule Trial due to honeymoon 0.50 08/10/2023 SDA Prepare correspondence to all Counsel regarding Herny's request to move 0.20 trial due to honeymoon 08/11/2023 SDA Review filed Motion to Reset Trial 0.30 08/11/2023 SDA Review proposed Order forwarded to Judge Smith on Motion to Reset 0.30 08/16/2023 SDA Review correspondence from Karen Klein with request for file status 0.20 08/16/2023 SDA Review file, court docket, deadlines and new Pretrial Order to provide a 0.60 status update to Karen Klein 08/16/2023 SDA Review correspondence to Karen Klein with additional legal questions 0.20 on prospects of an interlocutary appeal 08/16/2023 SDA Prepare explanation to Karen Klein on parameters of immediately 0.30 appealing the denial of qualified immunity in a 4th AM case 08/25/2023 SDA Research excluding speculation via Motion in Limine and issue of 3.20 prejudicial effect of contending without knowledge that an officer planted evidence 08/25/2023 SDA Prepare Motion in Limine on drug planting issue and circulate to all 2.70 Defense Counsel 08/25/2023 SDA Review correspondence from Attorney Don Stephens regarding 0.30 conversations with Assistant State Attorney and former Investigator 08/25/2023 SDA Prepare correspondence to all Counsel regarding information provided 0.20 by Attorney Don Stephens 234 08/25/2023 SDA 08/25/2023 SDA 08/25/2023 SDA 08/25/2023 SDA 08/25/2023 SDA 08/31/2023 SDA Invoice Number 75909 Page 2 Review and study Defendants' Omnibus Motion in Limine and caselaw cited therein Review correspondence from Ann Breeden requesting approval of Omnibus Motion Prepare correspondence to Ann Breeden with approval Review correspondence from Attorney Sauvola-LaMay with request for position on miscellaneous Motion in Limine issues Review Co -Defendant's approvals of Omnibus Motion Review and study reply memorandum regarding continuation of trial Total Professional Services: Alexander, Scott D 11.10 225.00 DISBURSEMENTS 08131 12023 PACER Research 0813112023 WestLaw Research Summary: Total Expenses Advanced: Total professional services $2,497.50 Total expenses incurred +$285.80 Total Amount Billed $2,783.30 Less Pre -Paid Applied $0.00 Please Pay this Amount $2,783.30 0.70 0.20 0.10 0.20 0.20 0.30 $2,497.50 $2,497.50 3.80 282.00 $285.80 235 LAW 2600 Douglas Road PH -4 Coral Gables, FL 33134 (305) 445-5528 (305) 446-0995 Fax September 15, 2023 TAX I.D. 92-1828074 Claims/Human Resources and Risk Manageme City of Boynton Beach Invoice No. 6357 100 E. Ocean Avenue Boynton Beaach, FL 33435 In Reference To: Smith, J. v. Shaun James, et al. Claim No.: 22891273 Professional Services Hours Amount Amount 8/1/2023 WL Rec and rev e-mail from Karen Klein re 0.10 $14.00 $14.00 status WL Rec and rev e-mail exchange re motion to 0.40 $56.00 $56.00 extend pretrial deadlines 8/2/2023 WL Rec and rev e-mail exchange re mediation 0.50 $70.00 $70.00 MS Legal Research re excluding testimony on 1.50 $180.00 $180.00 officer planting drugs 8/9/2023 WL Rec and rev e-mail from Don Stephens re 0.30 $42.00 $42.00 motion to reset trial; rec and rev response from opposing counsel 8/10/2023 WL Rec and rev Defendant Herny motion to reset 0.30 $42.00 $42.00 trial 8/16/2023 WL Rec and rev follow-up e-mail from Karen 0.30 $42.00 $42.00 Klein re status; draft response 8/22/2023 WL Draft motion in limine on speculative 2.20 $308.00 $308.00 damages WL Legal Research re loss wages and future 2.10 $294.00 $294.00 earning and limine WL Rec and rev e-mail from Don Stephens with 0.20 $28.00 $28.00 draft motion in limine 236 Claims/Human Resources and Risk Manageme 8/22/2023 WL Rec and rev e-mail exchange re motion in 0.70 limine 8/23/2023 WL Rec and rev email exchange re motion in limine 8/24/2023 WL Rec and rev Plaintiff's response in opposition to Defendant Herny's motion to reset trial WL Review/revise motion in limine WL Review Plaintiffs transcript WL Rec and rev e-mail exchange re motion to reset trial/motion in limine 8/25/2023 WL Rec and rev Plaintiffs motion in limine WL Review/revise Omnibus motion in limine WL Rec and rev e-mail exchange re pretrial deadlines WL Rec and rev e-mail from Ann Breeden to opposing counsel with joint Omnibus motion in limine 8/30/2023 WL Rec and rev Defendant Herny's reply in support of motion to reset trial For professional services rendered Previous balance 9/15/2023 Payment -Thank You Total payments and adjustments Balance due Timekeeper Summary Name Lourdes E. Wydler Sandra E. Mantilla PLEASE MAKE CHECKS PAYABLE TO WYDLER LAW Hours Amount 0.40 $56.00 0.20 $28.00 0.30 $42.00 1.20 $168.00 0.70 $98.00 0.60 $84.00 0.90 $126.00 0.50 $70.00 0.40 $56.00 0.30 $42.00 0.30 $42.00 Page 2 Amount $56.00 $28.00 $42.00 $168.00 $98.00 $84.00 $126.00 $70.00 $56.00 $42.00 $42.00 13.70 $1,888.00 $224.00 ($224.00) ($224.00) $1,888.00 Hours Rate 12.20 140.00 1.50 120.00 237 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 TUZZIO, PLLC City of Boynton Beach September 18, 2023 100 East Ocean Avenue Bill No. 76383 Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Beecher v. Felix, Neossaint & City of Boynton Beach 22731 Tristar #21870336 BILL FOR FEES AND COSTS THROUGH 08/31/23 PROFESSIONAL SERVICES Date Services Attorney Hours 08/01/23 Preparation of Notice of Hearing on Defendant's, City of LHR 0.30 Boynton Beach, Motion to Amend Answer and Defenses before Judge Reid Scott. 08/01/23 Receipt and review of e-mail from Plaintiffs counsel, Glen JRJ 0.30 Levine, re: confirmation of attendance for UMC Hearing on Defendant's, City of Boynton Beach, Motion to Amend Answer and Defenses before Judge Reid Scott. 08/16/23 Receipt and review of e-mail from City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meetings with Ben Dexter and Warren Bazemore. 08/16/23 Receipt and review of e-mail from City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meetings with Ben Dexter and Warren Bazemore. 08/17/23 Preparation of email response to City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meetings with Ben Dexter and Warren Bazemore. 08/18/23 Receipt and review of e-mail from City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meetings with City employees Ben Dexter and Warren Bazemore. 08/18/23 Preparation of email response to City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meetings with City employees Ben Dexter and Warren Bazemore. 08/18/23 Receipt and review of second e-mail from City Rep. Nicole LHR 0.20 Aldrich re: pre -deposition meetings with City employees Ben Dexter and Warren Bazemore. 08/18/23 Preparation of second email to City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meeting of City employee Gail Mootz. 08/18/23 Receipt and review of third email City Rep. Nicole Aldrich re: LHR 0.20 pre -deposition meeting of City employee Gail Mootz. 238 Client: City of Boynton Beach September 18, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services 08/18/23 Preparation of third email response to City Rep. Nicole Aldrich re: pre -deposition meeting of City employee Gail Mootz. 08/22/23 Communicate/Other Counsel Telephone conference with Co-Def's Counsel C. Richard Peralta re: results of their surveillance on Plaintiff, sharing surveillance reports and sharing damage estimates PROFESSIONAL SERVICES SUMMARY Attorney Hours LHR 0.20 J RJ 0.40 Code Name Hours Rate Amount JRJ James R. Jimenez, Associate 0.70 160.00 112.00 LHR Lyman H. Reynolds, Jr., Partner 2.10 185.00 388.50 Total Professional Services 2.80 $500.50 CURRENT BILL TOTAL AMOUNT DUE $ 500.50 Balance Forward: Payments & Adjustments: Total Due: 4,317.50 ow $ 4,818.00 239 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 76383 Bill Date: September 18, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22731 Matter Name: Beecher v. Felix, Neossaint & City of Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 500.50 0.00 $ 500.50 4,317.50 -0.00 $ 4,818.00 4,317.50 $4,818.00 240 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach September 18, 2023 Attn: claims@bbfl.us Bill No. 76382 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Tennille DeCoste BILL FOR FEES AND COSTS THROUGH 08/31/23 PROFESSIONAL SERVICES Date Services Attorney Hours 08/04/23 Preparation of e-mail to Dane M. Obradovich, p.i., re: JRJ 0.30 requesting assistance in in locating the 3 witnesses, Logan Fagre, Leon Struyf, and Sal Cannizzo. 08/05/23 Preparation of e-mail to Private Investigator, Dane Obradovich, JRJ 0.30 re: proceeding with locating the three following witnesses: Logan Fagre, Leon Struyf, and Sal Cannizzo. 08/05/23 Receipt and review of e-mail from Private Investigator, Dane JRJ 0.30 Obradovich, re: confirming to proceed with locating the three following witnesses: Logan Fagre, Leon Struyf, and Sal Cannizzo. 08/07/23 Preparation of correspondence to Director of HR & Risk LHR 0.50 Management, Tennille DeCoste, and Karen Klein, Claims Examiner II, re: authority to retain Dr. John Peters as a defense expert pertaining to Plaintiff, Sanford Geraci. 08/07/23 Receipt and review of e-mail from Karen Klein, Claims LHR 0.20 Examiner II, re: authority to retain Dr. John Peters as a defense expert pertaining to Plaintiff, Sanford Geraci. 08/07/23 Receipt and review of e-mail from Director of HR & Risk LHR 0.20 Management, Tennille DeCoste, re: granting authority to retain Dr. John Peters as a defense expert pertaining to Plaintiff, Sanford Geraci. 08/07/23 Preparation of email response to Director of HR & Risk LHR 0.20 Management, Tennille DeCoste, re: granting authority to retain Dr. John Peters as a defense expert pertaining to Plaintiff, Sanford Geraci. 08/28/23 Preparation of correspondence to Dr. John Peters re: case LHR 0.60 materials pertaining to Plaintiffs, Sanford and Meredith Geraci, for review and opinion. 241 Client: City of Boynton Beach September 18, 2023 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 08/28/23 Preparation of extensive case materials for Dr. John Peters RKD 2.90 pertaining to Plaintiffs, Sanford and Meredith Geraci, for review and opinion. (3,427 pages) PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JRJ James R. Jimenez, Associate 0.90 160.00 144.00 LHR Lyman H. Reynolds, Jr., Partner 1.70 185.00 314.50 RKD Rebecca K. Davis, Paralegal 2.90 110.00 319.00 Total Professional Services 5.50 $777.50 CURRENT BILL TOTAL AMOUNT DUE $ 777.50 Balance Forward: Payments & Adjustments: Total Due: 266.00 -266.00 $ 777.50 242 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 76382 Bill Date: September 18, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 777.50 0.00 $ 777.50 266.00 -266.00 $ 777.50 0.00 $777.50 243 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 September 20, 2023 Billed Through 08/31/2023 Invoice 76015 / JLH 00281 43341 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Peter Torocsik vs. City of Boynton Beach and Palm Beach County FOR PROFESSIONAL SERVICES RENDERED: 08/08/2023 JLH Review Plaintiffs motion for extension to file second amended complaint through October 19; memo to file regarding monitoring of federal docket Hochman, J L DISBURSEMENTS Summary: Total professional services Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Total Professional Services: 0.50 225.00 $112.50 $112.50 $0.00 $112.50 0.50 $112.50 $112.50 244 6.G Consent Agenda 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Commission Meeting Minutes. Requested Action: Approve minutes from the September 5, 2023 City Commission Meeting. Explanation of Request: The City Commission met on September 5, 2023 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: 09-05-2023 City Commission Meeting Minutes.pdf 245 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, September 5, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin (Left at 7:45 P.M.) Commissioner Woodrow L. Hay Commissioner Angela Cruz Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Daniel Dugger City Manager David Tolces, Interim City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:00 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Invocation was given by Pastor Bryce Hutson, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Commissioner Woodrow Hay Commissioner Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Vice Mayor Turkin requested to move up item 3D after 2C. He requested to table item 10A. Mayor Penserga recommended he table the item when they get to that section. He spoke about item 10B regarding an additional applicant and recommended that it should be postponed. Mayor Penserga requested to move item 3D before Announcements. Commissioner Kelley requested September 14 as a date certain for Future Agenda item 13G. Mayor Penserga requested to move up items 2E & 2F following item 2A. There was a 1 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 consensus. Motion: Commissioner Cruz moved to approve the agenda, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 2. Other Informational items by the Members of the City Commission. Commissioner Kelley disclosed that she spoke to Bradley Miller and Bonnie Miskel. She also received resident emails regarding items 8C and 8D. Commissioner Hay disclosed that he spoke to Bonnie Miskel. Vice Mayor Turkin disclosed that he spoke to the candidates for the Attorney position, and to Bradley Miller regarding item 8A. Commissioner Cruz disclosed that she spoke to residents, Bonnie Miskel, and Bradley Miller, regarding items 8C and 8D. She said that she also had the opportunity to interview all the candidates for the Attorney position. Mayor Penserga disclosed that he spoke to Bradley Miller regarding item 8A. A. Proposed Resolution No. R23-106- Adopt the proposed millage rate for the General Fund for Fiscal Year 2023-2024. Proposed Resolution No. R23 -107 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2023-2024. Mara Frederiksen, Director of Financial Services, spoke about the following: purpose of the millage and budget hearing; state truth in millage (TRIM); adjustment post budget workshop- general fund revenue highlights; adjustment post budget workshop- general fund highlights- expenditures; adjustment post budget workshop- other fund highlights; all funds- funding sources=$283.8M; all funds- expend itures+$283.8M; appropriation summary; millage rate impact on residential property; millage rate impact on commercial property; and questions. Mayor Penserga opened the public comments. David Katz spoke about the extra $36K to each Commissioner, located on page 43. He 2 247 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 said that if you want a raise, you should get it along the side of the employees. He mentioned that the raise should be that they do a great job and get re-elected. Jackie Long asked why the tax bill always comes back higher than the $25 that was told the amount will go up. She spoke about the cemetery being open only certain days during the week. She asked how we have money to support an audit office. She said she does not agree with the extra fees that are going up. David Murker spoke about being against the increases to the Commissioners. He said that the Commission lacks the respect of the people, to ask for these increases. Cindy Falco DiCorrado spoke about the sales tax for her household. She asked why we keep raising taxes. She mentioned the fire assessment, school board taxes, and state taxes. She said that they are watching everything the Commissioners are doing. Mack McCray said that he is against the pay raise for the Commissioners. He mentioned the $6M budget loss, the fire assessment, the cemetery proposal, and the property at the scrubs being used as a cemetery. Susan Oyer spoke about the excessive budget increase. She is against the 125% pay raise, against the CRA Trip, and spoke about not using ARPA funds for the schools. She said that they need to put money into the infrastructure, electric calls, solar panels, ticketing people in ED parking spaces, fix the cemetery problem, no to a having a City Attorney as an employee, and does not have a problem with the fire assessment. Gary Fishman spoke about the budget and said that the Commissioners do work hard, and mentioned that if they work more hours, then they should get more money. He said that there are good people on the dais. Ernest Mignoli said that the taxes are going through the roof, and that the City and the HOA are working together to not help the residents. He stated that the budget needs transparency. He mentioned that there are so many people without food in the City. He said that the budget is tied to politics and development Robert Tobano spoke about the graveyard, and how much it costs for each yard, and about maintenance of the cemetery. Steven Grant joined virtually, and said that he would like to look at the expense report. He mentioned the $50K for the State of the City and said that he looks forward to that. He spoke about the Pirate Fest and sponsorship. 3 248 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga closed the public comments. Commissioner Cruz spoke about one of the administrative positions to support the Finance Department, to help with grants. City Manager Dugger stated that the employee is going to have split duties with the grants and CBDG. Vice Mayor Turkin asked to have the allowances explained. City Manager Dugger said that it was two -fold: there was a survey done on a lot of cities and there was a mix between allowances and whether or not Commissions had the authority to provide pay raises. He spoke about referendums and ordinances and noted that the last pay raise was in 2005. He conferred with Legal and stated that Florida State Statute 166.021 provides a condition with the power and authority to provide pay raises. He spoke about the process with the pay raises, and the history of the past pay raises that were approved by Commissioners. Interim City Attorney Tolces spoke about the salary increase by ordinance history. He mentioned the items that require a referendum. Vice Mayor Turkin reiterated that there has not been a merit increase since 2005. He said that in 2003, Commission increased their pay. He spoke about being okay with certain things and not about other things. He asked for clarification on the bridge and funding sources. City Manager Dugger spoke about the ARPA funds being separate from the CIP. Vice Mayor Turkin asked for a separate discussion regarding the settlement funds from Town Square. Commissioner Hay said that he does not have a problem with the millage rate and fire assessment, but he does not agree with the budget increase. He mentioned that he would do this job for nothing and supports everything in the budget, with the exception of the increase to their budget. He commented that their increases should be subtle. He said that he will not accept the increase. He mentioned wanting to do the best thing for himself and the City. Commissioner Kelley said that she agrees with Commissioner Hay. She commended City 4 249 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Manager Dugger for doing his research, but said that this is a significant jump. She asked about the itemizations that are outside of their control, such as memberships. She asked for an explanation of the Community Support Funds. City Manager Dugger spoke about the memberships that each position has to be a part of, and the purposes of the associations. He mentioned the different areas that the trainings can take place. He spoke about the Community Support Funds. Commissioner Kelley said that she will not support the high increase but will support something subtle and modest. Commissioner Cruz said that whether it is her or someone else in her seat, someone should be here at City Hall. She stated that a reasonable change would be positive, but she would not support all of the allowances. She said that the people who are responsible for running the City should be here while City Hall is open. Mayor Penserga does not support the proposal, as presented. He said that the role of Mayor is heavier than expected, and that it is important for accountability. He supports a moderate increase but believes that they need to be present when things are happening. He spoke about more accountability from Elected Officials. He asked about the budget, regarding the increase with Fire Station 5. Mario Guzman, Director of Public Works, spoke about the increase and what it was for. He explained that this is to make sure the AC is working for Fire Station 5 and replacing the generator. Mayor Penserga asked about the digital sign at Fire Station 3. Mr. Guzman stated that they are waiting for the branding to be finalized so that they can be uniform around the City. Commissioner Kelley stated that she spoke to Deputy City Manager Mack regarding this and budgeting it before the branding happened, so that it does not get delayed. Mayor Penserga said that he agrees, and asked staff to get it in this budget if they can. Commissioner Hay said that he agrees about the horrible sign, and asked if we are waiting on grant funding, like we are for the roads. Mr. Guzman explained why they are waiting on the branding. 250 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Mayor Penserga asked about the Veterans Park cameras listed as blank. Deputy City Manager Mack stated that it could be planned out for a future year. Commissioner Cruz asked if the chiller could be more cost effective. Deputy City Manager Mack stated that there are three different chillers and said that this specific chiller was placed there in 2009. He said it was a planned project. Mr. Guzman said that they are being proactive and replacing it before the chiller breaks down completely, which will be more expensive. Deputy City Manager Mack spoke about going out to bid for this, to get the best pricing. Mr. Guzman said that this is for the air conditioning and backup generator. Commissioner Cruz asked about having regular air conditioning instead of a chiller. Mr. Guzman explained the difference and why the chiller is necessary. Vice Mayor Turkin spoke about Oyer Park and the Dredge Channel, and asked if that is happening this fiscal year. Deputy City Manager Mack said that it is a County project that we are giving them money for, and they are working on that. Vice Mayor Turkin spoke about the fishing pier being replaced and being happy to see the funds there. He asked for the timeline. Mr. Guzman said that it will begin this year. Vice Mayor Turkin spoke about the annual party for all of the Advisory Board Members. Assistant City Manager Matos said that she has been working with the events department and spoke about "Boynton Gives Back" and said that there is a budget for that event. Commissioner Cruz spoke about the Senior Advisory Board getting funding to use. City Manager Dugger asked Interim City Attorney Tolces if there is authority to add funds 251 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 to the Senior Advisory Board. Assistant City Manager Matos said that Advisory Boards do not have the authority to spend City money, but they can budget through the Recreation Department and through the Senior Center. Commissioner Cruz spoke about benches at the Veterans Park and asked for regular benches to be added. City Manager Dugger asked for a follow up email from Commissioner Cruz to get quotes about that. He spoke about pay allowances being mixed and needing clarification in order to make the amendments. Mayor Penserga said that he would like to have all three increases out. Commissioner Hay said he supports a 6% increase instead of what was proposed. City Manager Dugger said a percentage would have to be in the form of an ordinance. He explained the percentage by keeping the office stipend. Commissioner Hay said that he wants all three off. Commissioner Kelley said that she does not agree to the three allowances, and they can further discuss the potential for an ordinance for any salary increases. Ms. Frederickson asked for clarification because they are saying three, but there are four to consider. Commissioner Cruz said that she would like to have the health portion stay on the budget, and that it has been 20 years since there has been an increase. Commissioner Kelley said that she is not eligible because she does not get the City health insurance through the City, so she is neutral on that. Commissioner Hay agreed with Commissioner Kelley. Vice Mayor Turkin said that he thinks that everyone should have access to healthcare. Commissioner Kelley said that she never said that she does not support it, only that she will not be using those funds, but she supports other people who need it. 252 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 City Manager Dugger reiterated the consensus to say no to the three items, yes to the health. Interim City Attorney Tolces read the millage rate into the record. Motion: Commissioner Kelley moved to approve Resolution No. R23-106. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Cruz reiterated that the millage rate is not increasing. Motion: Vice Mayor Turkin moved to approve Resolution No. R23-107, with amendments. Commissioner Cruz seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R23-109- FY23-24 Fire Assessment Fee. Ms. Frederiksen said that they are maintaining the annual assessment at $120, there is no change. Commissioner Kelley asked for the explanation of the hardship application. Ms. Frederiksen spoke about the application, when they will be sent out, and when they are due. She mentioned the different reasons someone can apply. Mayor Penserga opened the public comments. Cindy Falco DiCorrado said that she never consented to the $120 fee. She stated that there are people that cannot pay the $120, and it is not fair that people who make more money to pay the same amount. She mentioned that it should be reassessed and be fair and dependent on the incomes. Vice Mayor Turkin left the dais at 7:45 P.M. Susan Oyer said that she agrees with this fee and that people should look at the history of why these were put into effect. She mentioned ways to work around this, with different amounts owed based on income. D 253 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Donald Turkin Jr. said that he is not against spending money on the Fire Department, but it should be through the millage, not a separate fire assessment. He said that it should be a little fairer. Mack McCray spoke about the fire assessment that should have been sunsetted. Jackie Long stated that she is against the raise for the fire assessment because there is already money being taken out of the budget for the fire station. She said that there should be some taxes taken off that they do not use. She spoke about not needing signs or cameras. Tracey Rostelini said that they should look more into the chiller because they are getting ripped off. Commissioner Cruz left the dais at 7:50 P.M. No virtual hands. Mayor closed public comments. Motion: Commissioner Kelley moved to approve Resolution No. R23-109. Commissioner Hay seconded the motion. The motion passed unanimously (3-0, Vice Mayor Turkin and Commissioner Cruz were absent from the dais). F. Proposed Resolution No. R23-110- Public Hearing for the FY 24 Annual Canal Maintenance Services Special Assessment. Angela Prymas, Utilities Department, spoke about the following: project area; aquatic management services; special assessment; and questions. Commissioner Hay asked what the increase was. Ms. Prymas said that there is no increase from last year. She spoke about the administrative fees for this assessment. Commissioner Hay asked about the breakdown of linear footage. .01 254 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Prymas spoke about how these are assessed and said that these are for specific area and will affect 101 properties. Ms. Poonam Kalkat, Utilities Director, spoke about the cost of doing the maintenance on the canals. Commissioner Cruz returned to the dais at 7:59 P.M. Commissioner Kelley commented that hopefully this will go away once the bridge is placed in that area. Ms. Kalkat said that if the bridge fixes the issue, then the assessment will go away. Commissioner Kelley asked if our expenses have increased for this or if we are breaking even. Ms. Prymas spoke about projecting for next year what they are spending now and said that they are about the same prices. Mayor Penserga opened the public comments. Sam Duke asked what exactly is being cleaned, and mentioned how dirty the canals are. He asked if it includes trimming of the trees and boats not being able to pass through. Gary Fishman said that the neighborhood appreciates the bridge being budgeted for this year. He spoke about the springs and ownership. Ernest Mignoli said that he lives on the intracoastal and sees a lot with the bridge and canals and said that he is not in favor of the assessment. He said the City should be responsible for it. There were no virtual hands. Motion: Commissioner Kelley moved to approve Resolution No. R23-110. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Evergreen Compensation and Classification Study. 10 255 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Tennille DeCoste, Director of Human Resources and Risk Management spoke about the background. Rob Williamson, Evergreen Consultant, spoke about the following: agenda; study process; compensation philosophy; compensation outlook; public sector wage and benefit growth; compensation review; market results; key study considerations; key recommendations; recommendation and costs; SEIU- white collar; SEIU- blue collar; and next steps. Mayor Penserga said that he believes this has already been budgeted for, and asked which option they would like. Commissioner Cruz said that the hybrid was suggested by staff, which is $376K, and said that she would be okay with that. Commissioner Hay said that he would support the hybrid plan and mentioned that he does not see a mass exodus from the City of Boynton Beach. He asked for further clarification. Mr. Williamson said that we have a heck of a team, and we have good things in place, but we are behind the market in all three key areas, which impacts the number of quality applicants. He mentioned that the employees are also looking to see what comes out of this study in making their employment decisions. He noted retention is competitive and difficult in the public sector. He said salaries need to be in a market -competitive position, especially in the region that Boynton Beach is in. Ms. DeCoste said that we had 120 vacancies prior to her coming here. She said they enriched their benefits, and this is the next step to become marketable to retain employees and attract new employees for hard to fill positions. She said they currently have 30 vacancies. City Manager Dugger said that we are a proactive organization, and he would like to retain his employees. He said retention is the cornerstone of an organization. Commissioner Hay asked where this would put us on the list if we went with hybrid. Mr. Williamson said that it would put us right in the middle. He recommended moving with the 60th or 70th percentile. 256 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Hay asked how often we need to analyze this. Mr. Williamson explained that it should be every 3-5 years. Commissioner Hay asked if the Vice Mayor is okay. Mayor Penserga said that he is going through a personal situation. Commissioner Kelley thanked Ms. DeCoste for bringing this up and said that we are really behind. She stated that she is comfortable with staff's recommendation. Mayor Penserga opened to public comments: Cindy Falco DiCorrado said that she is perplexed as to why we paid for an outside marketer, if we have HR on property. She mentioned having someone show up a half hour before closing and wasn't allowed in. Ernest Mignoli said that he does not agree with the plan, and that there should be different criteria used. He mentioned us copying cities that have a lot of problems. Jackie Long said that she agrees with Mr. Mignoli. She stated that the increase is huge and comes out of their money. There was consensus for the hybrid option. Motion: Commissioner Cruz moved to approve the Evergreen Compensation and Classification Study parity option. Commissioner Kelley seconded the motion. The motion passed unanimously. Assistant City Manager Matos said that a Compensation and Classification Study had not been done since 2005 and she applauds the HR Department and City Manager for taking on this project and making the City market -competitive. She stated that the option voted on tonight is not a cure-all but it is a move that gets them closer. She commented that she loves the City, community, and staff. Mr. Williamson noted that Evergreen Solutions is not owned by the Clinton Foundation. 3. Announcements, Community and Special Events And Presentations 12 257 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 C. Proclamation- Hunger Action Month. Mayor Penserga read the proclamation into the record. Commissioner Kelley spoke about volunteering at Feeding South Florida and said that she was going with her family on October 14th. She challenged the City staff to fill those volunteer slots. Mayor Penserga said that he will be there. Shelby, Feeding South Florida Community Engagement and Events Specialist, and thanked the Commission for being recognized. She spoke about the number of individuals they service and the different initiatives that they have. Commissioner Hay said that he used to serve every Thursday out of the Hester Center. He mentioned that it was moved and asked if we are doing the same number of people or less. Shelby said that they still do have distributions in different centers. She stated that the numbers are not as high as during Covid but there is still a huge need. 2. Other (con't) C. Proposed Resolution No. R23-111- Budget Stabilization. Mara Frederiksen, Director of Financial Services, spoke about the budget stabilization. She stated that this policy is implementing an additional 5% stabilization fund and upping that eventually to 25%. Mayor Penserga opened to public comment: There was none. Motion: Commissioner Hay moved to approve Resolution No. R23-111. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). D. Proposed Resolution No. R23 -108 -Annual Comprehensive Fee Schedule Rate Changes. 13 258 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Frederiksen spoke about following: rate changes to solid waste rates. Mayor Penserga asked if these are CPI increases. Ms. Frederiksen responded yes. Mayor Penserga opened to public comment: Susan Oyer said that some of the ARPA money should have been used to fix this problem. She stated that there should be solar panels that would help with being eco -friendly. She mentioned that we should look at the garbage people, because the garbage bins have been broken on her street. Cindy Falco DiCorrado said that she concurs with the $3 parking fee, and with the garbage truck pickup people, too. Debbie Mancha said that they will go elsewhere for parking. Ernest Mignoli said that utilities are very inefficient throughout the City. He stated that garbage is not picked up on the right days and garbage is being put in the wrong bins. There were no virtual hands. Commissioner Cruz said that she spoke about the parking increases being brought down to $2.50 from $3. Commissioner Hay supports it. Commissioner Kelley said that they spoke about reducing the parking for particular groups and asked for an explanation. Deputy City Manager Mack spoke about transitioning from a cash based system to electronic. He said that the rates will deter people from being there all day and taking up the parking. He stated that the senior rate is kept at $50 for the year. He mentioned that we are on the lower end of the rates in the County. Commissioner Kelley said that she would support $2.50, which would be $1 increase. Pi Rt M -I 14 259 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Cruz moved to approve Resolution No. R23-108, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 3. Announcements, Community and Special Events And Presentations (con't) D. Presentation and Discussion- Artificial Reef. Mayor Penserga recommended a motion to table until the next Commission meeting. Motion: Commissioner Hay moved to table this presentation. Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). A. Announce Second Budget Hearing. Mayor Penserga announced the Second Budget Hearing. B. Announcement of the City of Boynton Beach 9/11 Memorial Ceremony. Mayor Penserga announced the event. 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) Mark Carageorge said that we have an excellent interim attorney and that we should make him our permanent attorney. Laura Radcliff spoke about Boynton Beach not being great anymore. She said that there have been harassments to people who serve on the boards. She stated that she is disappointed that they did not put a stop to it at the Commission Meeting. She spoke about the issue with the art that was approved at the Art Advisory Board Meeting and comments made during the meetings. Victor Norfus enlightened everyone in regard to the unity project for 2024. He spoke about the different events that will happen in 2024. He spoke about art being about perspective. 15 260 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 JB South spoke about the art commission a few weeks ago. He spoke about the statue that was approved. He spoke about religion of the beast. He said that a lot of people that work for the City have evil in them. He said that the statue is a demon. Ace Tilton Radcliff spoke about being publicly harassed because of her Advisory Board vote. She said that she was not backed up by the Commissioners, and nobody should be afraid to speak up. She spoke about freedom of speech, censorship, and bullying. She asked for diversity to be allowed in arts. Debbie Macha said that she is giving them a 30 -day notice for a petition against the art piece. She mentioned that other people are saying that it is demonic, and that the way it was commissioned was wrong. Susan Oyer spoke about the following: historic planner not being in the budget; historic art pieces around the City; her neighbor's house caught fire last week and the bulk pickup has not been there; putting more EV chargers in the City; palm trees on Quantum; and she thanked Wes for the recycle bins in her neighborhood park. Aileen Greenhatcher spoke about the downtown Post Office and said that she would like to know where the new downtown office will be at. Dave Radcliff spoke about living in Boynton Beach and raising his family here. He said that he is disappointed in the Commissioners and the Community members for the way they acted. He spoke about what he does not approved of, and Ms. Tilton Radcliff being bullied. Sam Velazquez said that he would urge voting against the motion that Commissioner Cruz made at the last meeting. He said that voting should not be a requirement. Eric Pardi said that he does not have a problem that it is art, but that the message that this art piece is demonic. He spoke about the art being an attack on religion, men, women, and society. He said that children are committing suicide because of this art piece. Cindy Falco DiCorrado stated that it is ok for Ms. Radcliff to attack someone. Commissioner Kelley reminded Ms. DiCorrado not to address an individual person in the audience. Cindy Falco DiCorrado displayed a poster board about proposed taxes. Mayor Penserga said the public comments need to be about the City. Jackie Long stated that they do not want to be a smart city or a 15 -minute city. She said 16 261 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 that they do not need people controlling us. She spoke about someone commenting on the people who are against the statue, and said that the art work is repulsive. She said that PBS should not be allowed in the City. Ernest Mignoli spoke about not being able to speak about anything that they want to. He said that he does not appreciate the decorum in the City. He said that we have not done anything yet about the intracoastal and the waste. Virtual hands: 1 Anna Oceanera spoke about the art issue that has been going on. She said that a 60 -day appeal process is excessive. She spoke about the public audience section not being allowed to be used to attack people. She spoke against harassment. Mayor Penserga closed public comment. Mayor Penserga requested a recess at 9:28 P.M. There was consensus. Mayor Penserga reconvened the meeting at 9:43 P.M. 5. Administrative 6. Consent Agenda A. Reduce the allowance for uncollectible utility accounts. B. Proposed Resolution No. R23-112- Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program for DT Clinical Boynton, PLLC. C. Schoolhouse Children's Museum Third Quarter Report FY22-23. D. Proposed Resolution No. R23-113- FY 2023/2024 State Aid to Libraries Grant Agreement. E. Proposed Resolution No. R23-114- Resilient Florida Planning Grant Program 2023 Application Cycle. F. ARPA funding to be utilized for the purchase of a new Fire Rescue Boat. G. Legal Invoices June/July 2023. H. Commission Meeting Minutes. 14 Ulu.", 17 262 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 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. R23-007 - Bank of America - Piggybacking the City of Orlando. B. Datrium Equipment and Software Replacement - Police Department. C. Proposed Resolution No. R23-115- Flock Group Inc. - ALPR Technology and Acoustic Gunshot Detection Acquisition. D. Proposed Resolution No. R23-116- Beach Equipment Rental Concession for Boynton Beach Oceanfront Park. E. Bid Extensions and Piggy -Back Over $100,000. F. Proposed Resolution No. R23-117- Aetna Medical, Vision and Dental Contract. G. Proposed Resolution No. R23-118- Amendment FY 2022-23 Solid Waste Fund 431. H. Vehicle Purchases - September 2023. Motion: Commissioner Cruz moved to approve Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. In a roll call vote, 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. Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). B. Bay Walk Variance (ZNCV 23-003). 18 263 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Interim City Attorney Tolces swore in anyone who will be offering testimony for 8A or 8B. He confirmed that disclosures made by Commission Members occurred at the beginning of the meeting. Mayor Penserga said that 8A and 8B will be heard together. Bonnie Miskel, on behalf of the applicant, spoke about the following regarding Bay Walk IPUD: project location; proposed site plan; master plan/plat parcels; proposed site plan; landscape plan; landscape plan- enlarged; project frontage and green wall; pedestrian zone- variance; proposed elevations- Building Type A; proposed elevations- Building Type B; rendering entry/Green Wall; rendering; and recap; and questions. Jae Eun Kim, City Planner, said that staff is here for any questions that they may have. Commissioner Cruz asked if this is a for sale product. Ms. Miskel responded yes. Commissioner Cruz asked what was previously approved. Ms. Miskel said that it was apartments and there were 40. Now there will be 25 townhomes that will be purchased. Commissioner Hay said that he is happy to see this project. He asked about the 2 -foot variance. Ms. Miskel reiterated the variance they are requesting. She spoke about parking and said that there are 56 parking spaces total. Commissioner Kelley said that she is happy to see this development and asked how many charging stations there will be. Ms. Miskel said that the garages will be EV ready. Phillipe Regara, member of the developer team, stated that there are 4 EV charging spaces, but every unit will be EV ready. Commissioner Kelley asked about the conditional approval. 19 264 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Ms. Miskel spoke about condition #15 and asked for flexibility. She said that she requested privacy fences along the property line, all the way to the buffer. She spoke about maintaining the entire property. Amanda Radigan, Planning & Zoning Director, spoke about what has been recommended and allowed in the past. There was discussion regarding the buffer and the variance request. Mayor Penserga opened to public comment: Ernest Mignoli was sworn in. He said that this is to increase the sales value of these units. There were no virtual hands. Ms. Radigan stated that if there are pools being constructed, the fence that is required must be on that property. She spoke about the fencing requirements. Ms. Miskel spoke about doing what is best for the community. Motion includes all conditions, as proposed. Motion: Commissioner Hay moved to approve Bay Walk Major Site Plan Modification and Master Plan Modification (MSPM 23-004 & MPMD 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). Motion: Commissioner Hay moved to approve Bay Walk Variance (ZNCV 23-003). Commissioner Kelley seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-016- Second Reading - Amending Chapter 27, "Advisory Boards and Committees." Motion: Commissioner Cruz moved to Table Ordinance No. 23-016 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4- 0, Vice Mayor Turkin was absent from the dais). 20 265 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 D. Proposed Ordinance No. 23-017- Second Reading - Amending Chapter 27, "Advisory Boards and Committees", Public Art Fee. Motion: Commissioner Cruz moved to Table Ordinance No. 23-017 until the September 14, 2023, Meeting. Commissioner Hay seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 9. City Manager's Report — No items 10. Unfinished Business A. Discuss Town Square Investigation Scope of Work. Ji I1t[. , Commissioner Kelley moved to Table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. In -House City Attorney Rankings Ms. DeCoste spoke about the following: options; update; candidates; and Commission Directives. Mayor Penserga said that this applicant does not have city attorney experience, and he is not in favor of allowing him. Commissioner Hay agrees with Mayor Penserga and said that he would like to have a full Board before we make this decision. He said he would like to table this. Motion: Commissioner Hay moved to table this discussion until the September 14, 2023, Meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 11. New Business — No items. 12. Legal 21 266 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 A. Proposed Ordinance No. 23 -018 -First Reading — Wireless Communication Facility Annual Registration (CDRV 23-007). Interim City Attorney Tolces read the title into the record. Jae Eun Kim, City Planner, spoke about the following: Summary of changes; and overview of the amendment. Commissioner Kelley thanked staff for these amendments. She asked how many unused facilites do we have. Ms. Kim said that they do not currently have a clear record or database. Commissioner Kelley asked if the City will be on the hook if it is abandoned. Ms. Kim spoke about the process if that happens. Commissioner Hay asked for more info regarding the WCF and if there are violations. Ms. Kim spoke about the communication towers and said that they have been properly equipped for safety and hazard concerns. She said that does not mean that they currently comply with the current code. She confirmed that there will be a registration fee for the annual application that will be presented at the next Commission Meeting, for consideration. Motion: Commissioner Cruz moved to approve Ordinance No. 23-018. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). B. Proposed Ordinance No. 23-019- First Reading -8 Year General Employee Pension Plan. Interim City Attorney Tolces read the title into the record. City Manager Dugger stated that this will put our general employees in line with CBA employees. He said that this is a time sensitive item, and if this is not passed, we will lose some great individuals. He spoke about the cost savings. 22 267 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Deputy City Manager Mack said that it will show a $2.5M pension fund savings. City Manager Dugger spoke about our pension being healthy and robust. Commissioner Cruz spoke about lines 107-110. City Manager Dugger said that we are never going to have a market that will be up, and he spoke about the funding. He said that the City would lose money if we did a market rate percentage. Commissioner Kelley spoke about this staying budget neutral and the participants contributing 3% in years 6-8. She mentioned that the City is investing in their employees. Commissioner Hay said that he is comfortable with the way it is written. Motion: Commissioner Hay moved to approve Ordinance No. 23-019. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). C. Proposed Ordinance No. 23-020- First Reading - Boynton Beach Amendments to the 7th Edition (2020) of the Florida Building Code. Interim City Attorney Tolces read the title into the record. John Kuntzman, Building Official, spoke about the following: BBA to FBC 101.6; BBA to FBC 102.2; BBA to FBC 104.10.1; BBA to FBC 105.2; BBA to FBC 105.2 continued; and BBA to FBC 110.10.1. Commissioner Hay requested a list to be put together in layman's terms on what permits are needed for. Mr. Kuntzman said that he tells people to contact the building department if they ever have questions. Commissioner Kelley asked if this affects visibility rules, regarding the sheds. Mr. Kuntzman spoke about the different permits needed and when a building permit is required. He spoke about educating the citizens. 23 268 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Commissioner Kelley asked about building recertification. Mr. Kuntzman spoke about the state requirement being 30 years and the City being 25 years. There was discussion regarding the recertification process. Motion: Commissioner Hay moved to approve Ordinance No. 23-020. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). 13. Future Agenda Items A. Adoption of Local Rules of Procedure and Quasi -Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach, requested by Mayor Penserga. - October 3, 2023. Adopt the proposed Local Rules of Procedure. B. Discussion on best practices in regards to regulating tints for paraphernalia shops. - October 3, 2023. Discussion requested by Vice Mayor Turkin. C. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 Report regarding sewer leak in the Intracoastal Waterways. Requested by Mayor Penserga. D. Discussion regarding regulations to support local businesses.- November 7, 2023 Discussion requested by Commissioner Cruz. E. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. F. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024. Discussion requested by Commissioner Hay. G. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023, Pending approval of Advisory Board Ordinance- September 14, 2023. H. Discussion regarding the Art Assessment Fee. - TBD 14. Adjournment 24 269 Meeting Minutes City Commission Meeting Boynton Beach, FL September 5, 2023 Motion: Commissioner Hay moved to adjourn the meeting. Commissioner Cruz seconded the motion. The motion passed unanimously (4-0, Vice Mayor Turkin was absent from the dais). There being no further business to discuss, the meeting was adjourned at 11:17 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MMC City Clerk 25 270 Meeting Date: 10/ 3/2023 Increase the estimated annual expenditure of the State of Florida Contract # 25172500- 19 -ACS with Easy Pay Tires. Requested Action: Approve an increase to the estimated annual expenditure of the State of Florida Contract # 25172500 -19 -ACS with Easy Pay Tires (a local business) in the amount of $20,000, increasing the estimated annual expenditure from $320,000 to $340,000. Explanation of Request: On April 16, 2019, the City Commission approved the utilization of State of Florida contract # 25172500 -19 -ACS with Easy Pay Tires for $320,000. This contract is utilized for the purchase of new tires for the City's Fleet on an "as needed" basis. New tires are essential for the City's Fleet to operate. Easy Pay Tires is located within Boynton Beach. Increase in cost is due to new size tires being added to the City's fleet. Contract expires March 31, 2024. How will this affect city programs or services? To continue to equip the City's Fleet with the necessary tires. Fiscal Impact: Funding is budgeted and available with account 502-0000-141-0100. FY 20/21 expenditures were $274,389.95 FY 21/22 expenditures were $287,376.40 FY 22/23 expenditures to date are $321,552.35 Attachments: 4-16-19 Agenda Item State of Florida.pdf 271 7.C. BIDS AND PURCHASES OVER $100,000 4/16/2019 19 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 4/16/2019 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida Contract# 25172500- 19 -ACS (Afternate Source Contract) with Easy Pay tires for the purchase of Good Year Tires for the City's fleet vehicles on an "As Needed" basis with an estimated annual expenditure of $320,000. The State of Florida Alternate Source Contract procurement process satisfies the City's competitive bid requirements. . . .. .......... . . ......... EXPLANATION OF REQUEST. Contract Term: April 1, 2019 - March 31, 2024 The State of Florida is a ar New Tires. The tires are purchased for the City's Fleet on an "As Needed" basis. New tires are essential for the City's Fleet. Easy Pay Tires is a company located in Boynton Beach. The contract is for 5 years with no renewals. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval for the use of this contract will allow for the City's Fleet to be equipped with new tires when needed. FISCAL IMPACT. Budgeted VIA M.4 21ml� m am', ALTERNATIVES: To not approve the Piggy Back and have the City go out for bid on it's own. However, multi -state bid solicitation is considerably lower than pricing that would be provided for a City Bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 439 of 989 272 Grant Amount: ATTACHMENTS: Type D Addendum Tv Addendum ik Addendum -kI .44de"'an Description Agreement Contract Pricing State of Florida Alternate Source Contract Participating Addendum Page 440 of 98P 273 Tires, Tubes and Services — NASPO ValuePoint Services) and the Contractor named below. '§r,Ail�n G — . . . . .... ...... . . . . . ............... . . . . .......... . . . . . . ............. . . . . . . . . . . . ........................ . . . Iowa Department of Admintstrative Services — Central Procurement Bureau Cornr2ctoes Name: The Goodyear Tire & Rubber Company Contract to 84n: Date of Expiration: Annual Extensions: April 1, 2019 March 31, 2024 None The parties agreeto complywith the terms and conditions and attachments which are try this reference made a part of the Ageement: Section 1—Terms & Cond Mons .. ............. ......... ......... ... ......... __ .... . ....... ............ ...... ... . ................. Page 2 Section2—Scope of Work ......... .................................. . ......... ........... .....................................................page 26 Section3 — Pricing ... ........................................................................ .. ........... .................. ....... ................ ...... Page 33 Section4 — Contacts ....................................................... . ....................................................... ......... ............ Page 36 e"Tlr�qg, R"'i"bWer _Com�pany . . ...... . ..... ............. . . . ...... . .. .... "Y Dates � Prints . ....... M Government Aicdmss 200 Innovation Way, Akron, OH 44316 State of laws., Department of Administrative Services — Central Procuranent Bureau 0 Printed Name and Title of Person Allen Meyer, COO 1305 E. Walnut Street, Hoover Building, Floor 3, Des Moines, iA 50319 Page 441 of 989 274 SECrION 1 1.1.1. Any Order placed under this Master Agreement shaH consist of the following documents: (1) A Participating Entity's Participating Addendum (2) NASPO ValuePolnt Master Agreement Terms & Conditions; (3) A Purchase Order issued against the Master Agreement; (4) The Specifications or Scope of Work; (5) The Solicitation or, if separately executed after award, a State's bilateral agreement that integrates applicable provisions; (6) Contractor's response to the Solicitation, as revised (if permitted) and accepted by the Lead State. 1.1.2. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. Acceptance is defined by the applicable commercial code, except Acceptance shall not occur before the completion of delivery in accordance with the Order, installation if required, and a reasonable time for inspection of the Product. Contractor means the person or entity delivering Products or performing services under the terms and conditions set forth in this Master Agreement, Embedded Software means one or more software applications which permanently reside on a computing device. Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State means the State centrally administering any resulting Master Agreement(s). Master Agreement means the underlying agreement executed by and between the Lead State, acting on behalf of the NASPO VaWePoInt program, and the Contractor, as now or hereafter amended. NASPO ValuePoint is the NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, a 501(c)(3) limited liability company that is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. NASPO ValuePoint facilitates administration of the NASPO cooperative group MOO ! "A", I �*E-win, districts, counties, cities, some nonprofit organizations, etc.) for all states, the District of Columbia, and territories of the United States. NASPO ValuePoint is identified in the Master Agreement as the recipient of reports and may perform contract administration functions _W_Aa. �'?. W -a-0 assigned by the Lead State. Order or Purchase order means anqp�*,urchase *j used by a Purchasing Entity to order the Products. Participating Addendum means a bilateral agreement executed by a Contractor and a Partici 9 Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity means a state, or other legal entity, properly authorized to enter into a Participating Addendum. Participating State means a state, the District of Columbia, or one of the territories of t United States that is listed in the Request for Proposal as intending to participate. Up execution of the Participating Addendum, a Participating State becomes a Participating Entil holmeve.', -7 N%iticiXatixg State llste4 in thc--AegYdst f6r �mxt;sa!Hs not reqy..-kad to particij*at- through execution of a Participating Addendum. I Product means any equipment, software (including embedded software), documentatio service or other deliverable supplied or created by the Contractor pursuant to this Mast Agreement, The term Products, supplies and services, and products and services are us interchangeably in these terms and conditions. I Purchasing Entity means a state (as well as the District of Columbia and U.S territories), cl county, district, other political subdivision of a State, and a nonprofit organization under t laws of some states if authorized by a Participating Addendum, that issues a Purchase Ord against the Master Agreement and becomes financially committed to the purchase. Purchasi Entities shall have the rights extended to "User Entities" under the RFP, 1.3.1. The term of this Master Agreement is for five (5) years. This Master Agreement has no renewal periods, 1.3.2. The Master Agreement may be extended for a reasonable period of time, not to exceed six months, if in the judgment of the Lead State a follow-on, competitive procurement will be unavoidably delayed (despite good faith efforts) beyond the planned date of execution of the follow-on master agreement. This subsection shall not be deemed to limit the authority of a Lead State under its state law otherwise to negotiate contract extensions, Page 443 of 98f' 276 Tires, Tubes, and Services/Alternate Contract Source/State Contracts and Agreements /— Page /of2 > > State Purchasing > State Contracts � �Tlres Tubes and Sen�ces << �� Effective Period Contract Type Contract Information [OOt[@Cƒ Details 04/01/2019 through 03/31/2024 Alternate Contract Source ^ �o.O1��1�.r.s Pricing Contract Documents Master Agreements Contract ° ° (85O)022-9867 Administration ° Commodity �� Please refer to"How to Use This Contract" in the Contract Information -" section above. Description This alternate contract source includes pursuit/performance, automobile/passenger, light duty truck, medium commercial/heavy duty truck/bus, and off-road tires and tubes; tire related services, such as mounting, rotating, stem repair, flat repair, wheel balancing, and alignment are also included. 277 hibpa://wvv`v.ch,nu..com/buuinuuo_op iaiu contracts uu� — 4/3/2019 _ _ Tires, Tubes, and Services / Alternate Contract Source / State Contracts and Agreements /... Page 2 of 2 Copyiiigl"Al C 2019Dep)ai'tii-nent of Management S&rOces .. StaLe of F:IloirWa 278 https://www.ch,ns.myflorida.com/business—operations/statc_purchasing/state contracts and_... 4/3/2019 7.13 Consent Bids and Purchases over $100,000 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Resolution No. R23-138- Bid No. UTL23-030 for West Wellfield Electrical Upgrade - 4W, 5W ,7W and 8W Project. Requested Action: Approve award of Bid No. UTL23-030 for the West Wellfield Electrical Upgrade - 4W, 5W, 7W, and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay, Florida in the amount of $1,610,000 plus a 10% contingency of $161,000 for staff approval of change orders for unforeseen conditions (if needed) for a total expenditure of $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the amount of $976,000 for the completion of the project. Explanation of Request: On June 6, 2023, Purchasing Services issued a Bid for the West Wellfield Electrical Upgrade - 4W, 5W, 7W, and 8W with a mandatory pre-bid and site visit meeting held on June 12, 2023 in order to review the project with interest and qualified contractors. The purpose of the bid was to obtain the services of a qualified contractor construction services of the City's Wells #4W, 5W, #7W, and #8W including providing electrical, power, control and SCADA improvements. On July 13, 2023, Purchasing received and opened two (2) bid proposals for Bid No UTL23- 030 for West Wellfield Electrical Upgrade 4W,5W,7W, and 8W project. The two bids were accepted and evaluated. The Bid proposals and supplemental information were reviewed by Purchasing Services and Carollo Engineers, Inc. the project's engineer of record which was provided by Grid One Electrical Construction, Inc. Based on the reference reviews, and bid review evaluation of all the information provided as well as the specific project experience qualification criteria established in the bid documents, Purchasing Services, City Staff and Carollo Engineers, Inc. recommend the project be awarded to Grid One Electrical Construction, Inc. as the apparent lowest, most responsive, responsible bidder with the bid amount of $1,610,000. VENDOR NAME BID TOTAL Grid One Electrical Construction, Inc. $1,610,000 Eau Gallie Electric $1,673,000 The lowest bid amount of $1,610,000 is higher than the budgeted amount and a budget transfer will be required from the Utility CIP Fund in the amount of $976,000 to cover the project cost due to unforeseen cost increases in material and equipment. 279 The electrical and control equipment at Wells #4W, #5W, #7W & #8W are reaching end of life especially as these assets are located outdoors and are exposed to weather elements. Additionally, access road improvements are needed for ingress and egress for well #4W maintenance, back-up power to wells #4W and 5W for reliability, and a new 480 Volt service to Wells #7W and #8W for a safer work environment. How will this affect city programs or services? Implementation of the project will allow for continuation of normal water treatment operations during storms and natural disasters, increased operational reliability and flexibility in usage of source water wells. Fiscal Impact: The total authorized funding for the project including the requested 10% contingency is $1,771,000. Funds for the project are available in the Utilities CIP account # 403-5000-533- 65-02 Project # WT2101 / WT2104. Attachments: R23-138 Resolution awarding Bid and Contract for West Wellfield (Grid One) GridOneElectrical-UTL23-030 - Proposal.pdf UTL23-030 Bid Analysis Compliance Check UTL23-030 Bid Cost Analysis Engineer of Record Recommendation for Award Letter UTL23-030 - Contract Signed by Grid One Electrical, Inc. Wells 4_5_6_7lmprovements.pptx 280 1 RESOLUTION NO. R23-138 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. UTL23- 030 FOR THE WEST 5 WELLFIELD ELECTRICAL UPGRADE - 4W, SW, 7W, AND 8W AND 6 AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT AND ISSUE 7 A PURCHASE ORDER TO THE LOWEST RESPONSIVE AND RESPONSIBLE 8 BIDDER GRID ONE ELECTRICAL CONSTRUCTION, INC. OF SOUTH BAY, 9 FLORIDA IN THE AMOUNT OF $1,610,000.00 PLUS A 10% 10 CONTINGENCY OF $161,000.00 FOR STAFF APPROVAL OF CHANGE 11 ORDERS FOR UNFORESEEN CONDITIONS (IF NEEDED) FOR A TOTAL 12 EXPENDITURE OF $1,771,000, AND APPROVE A UTILITY CAPITAL 13 IMPROVEMENT FUND (403) BUDGET TRANSFER IN THE AMOUNT OF 14 $976,000.00 FORTHE COMPLETION OF THE PROJECT; AND PROVIDING 15 AN EFFECTIVE DATE. 16 17 WHEREAS, on June 6, 2023, Purchasing Services issued a Bid for the West Wellfield 18 Electrical Upgrade - 4W, 5W, 7W, and 8W with a mandatory pre -bid and site visit meeting 19 held on June 12, 2023 in order to review the project with interest and qualified contractors; 20 and 21 WHEREAS, on July 13, 2023, Purchasing received and opened two (2) bid proposals for 22 Bid No UTL23-030 for West Wellfield Electrical Upgrade 4W,5W,7W, and 8W project both of 23 which were accepted and evaluated; and 24 WHEREAS, based on the reference reviews, and bid review evaluation of all the 25 information provided as well as the specific project experience qualification criteria established 26 in the bid documents, Purchasing Services, City Staff and Carollo Engineers, Inc. recommend 27 the project be awarded to Grid One Electrical Construction, Inc. as the apparent lowest, most 28 responsive, responsible bidder; and 29 WHEREAS, the lowest bid amount of $1,610,000 is higher than the budgeted amount 30 and a budget transfer will be required from the Utility CIP Fund in the amount of $976,000.00 31 to cover the project cost due to unforeseen cost increases in material and equipment; and 32 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 33 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 34 approve award of Bid No. UTL23- 030 for the West Wellfield Electrical Upgrade - 4W, 5W, 7W, 35 and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the 36 lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay, 37 Florida in the amount of $1,610,000.00 plus a 10% contingency of $161,000.00 for staff 38 approval of change orders for unforeseen conditions (if needed) for a total expenditure of 39 $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the 40 amount of $976,000.00 for the completion of the project. 41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY S:ACA\RFSO\Agreements\Award Bid And Contract For West Wellfield (Grid One) - Reso.Doex -1- 281 42 OF BOYNTON BEACH, FLORIDA, THAT: 43 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 44 as being true and correct and are hereby made a specific part of this Resolution upon 45 adoption. 46 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 47 approves award of Bid No. UTL23- 030 for the West Wellfield Electrical Upgrade - 4W, 5W, 7W, 48 and 8W and authorize the City Manager to sign the Contract and issue a purchase order to the 49 lowest responsive and responsible bidder Grid One Electrical Construction, Inc. of South Bay, 50 Florida in the amount of $1,610,000.00 plus a 10% contingency of $161,000.00 for staff 51 approval of change orders for unforeseen conditions (if needed) for a total expenditure of 52 $1,771,000, and approve a Utility Capital Improvement Fund (403) budget transfer in the 53 amount of $976,000.00 for the completion of the project. A copy of the Contract is attached 54 hereto and incorporated herein as Exhibit "A". 55 Section 3. That this Resolution shall become effective immediately. 56 PASSED AND ADOPTED this 3rd day of October, 2023. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor - Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley ATTEST: VOTE Maylee De Jes6s, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) YES NO APPROVED AS TO FORM: David N. Tolces Interim City Attorney S:ACA\RFSO\Agreements\Award Bid And Contract For West Wellfield (Grid One) - Reso.Doex -2- 282 UTL23-030 - West Wellfield Electrical Upgrade - 4W, 5W, 7W, & 8W Opening Date: June 6, 2023 8:00 AM Closing Date: July 13, 2023 2:30 PM Vendor Details Company Name: Grid One Electrical Construction, Inc. Does your company conduct business under any other name? If No yes, please state: 390 US Highway 27 N Address: South Bay, FL 33493 Contact: Deanna Young Email: Deanna@GR1 D.com Phone: 561-996-4488 Fax: 561-996-6805 HST#: 20-3538355 Submission Details Created On: Thursday July 13, 2023 09:18:37 Submitted On: Thursday July 13, 2023 14:10:44 Submitted By: Deanna Young Email: Deanna@GR1 D.com Transaction #: 20ccf9a4-0663-4c16-81 ce-52f7a1 de53ec Submitter's IP Address: 65.34.209.236 Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1283 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. BID PROPOSAL - WEST WELLFIELD ELECTRICAL UPGRADE - 4W, 5W, 7W, & 8W BID PROPOSAL SHEET - Price Proposal Online Form The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for the "EXISTING 36" RAW WATER TRANSMISSION MAIN REPAIR." ITEM No. 1 - SC01025 Section 1.11.A - limited to a maximum of six percent (6%) of the total bid price ITEM No. 5 - SCO1025 Section 1.11.E- Indemnification - PLEASE ENTER $25.00 SCO1025 Section DESCRIPTION QUANITY UNIT UNIT PRICE * VALUE 1.11.A Mobilization /Demobilization, Bonds, Insurance, General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the total bid price. 1 LUMP SUM $63,475.0000 $ 63,475.00 1.11.13 Maintenance of Traffic (MOT) Plan 1 LUMP SUM $11,000.0000 $ 11,000.00 1.11.0 As -Built Record Drawings 1 LUMP SUM $20,000.0000 $ 20,000.00 1.11.D Professional Pre- and Post- Construction Photographs and Audio/Video of Construction Site 1 LUMP SUM $9,500.0000 $ 9,500.00 1.11.E Indemnification 1 LUMP SUM $25.0000 $ 25.00 1.11.F Civil, Sitework, Access Road, and Landscaping - Well #4W 1 LUMP SUM $255,000.0000 $ 255,000.00 1.11.G Mechanical, Fuel Tank and Fuel Piping, Diesel Generator- Well #4W 1 LUMP SUM $412,000.0000 $ 412,000.00 1.11.1-1 Electrical and Instrumentation - Well #4W 1 LUMP SUM $155,000.0000 $ 155,000.00 1.11.1 Electrical and Instrumentation - Well #5W 1 LUMP SUM $35,000.0000 $ 35,000.00 1.11.J Well Control System and Generator Commissioning - Wells #4W & #5W 1 LUMP SUM $8,000.0000 $ 8,000.00 1.11.K RTU Programming & SCADA Modifications - Wells #4W & #5W 1 LUMP SUM $10,000.0000 $ 10,000.00 1.11.E Civil, Sitework, and Landscaping - Well #7W 1 LUMP SUM $108,000.0000 $ 108,000.00 1.11.M Electrical and Instrumentation - Well #7W 1 LUMP SUM $151,000.0000 $ 151,000.00 1.11.N Civil, Sitework, and Landscaping - Well #8W 1 LUMP SUM $108,000.0000 $ 108,000.00 1.11.0 Directional Drill of Electrical Conduit - Well #8W 1 LUMP SUM $95,000.0000 $ 95,000.00 1.11.P Electrical and Instrumentation - Well #8W 1 LUMP SUM $151,000.0000 $ 151,000.00 1.11.Q Wells Control System Commissioning - Wells #7W & #8W 1 LUMP SUM $8,000.0000 $ 8,000.00 1.11.R RTU Programming & SCADA Modifications - Wells #7W & #8W 1 LUMP SUM $10,000.0000 $ 10,000.00 Subtotal: $ 1,610,000.00 Summary Table Bid Form Amount BID PROPOSAL - WEST WELLFIELD ELECTRICAL UPGRADE - 4W, 5W, 7W, & 8W $ 1,610,000.00 Subtotal Contract Amount: $ 1,610,000.00 Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1284 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses Description Response* Comments Is your company a Minority Owned business? No Please select the appropriate response Not Applicable Do you possess a certification qualifying your business as a Minority Owned business? No Issuing organization name Input response in comments box to the right Not applicable Date of Issuance Input response in comments box to the right Not applicable Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Item Description Response* 1 The Letter of Interest shall summarizes the Proposer's Grid One Electrical Construction, Inc. has maintained Electrical contracts with Palm Beach Does the business have a primary qualifications and a firm commitment to provide County, City of West Palm Beach, Solid Waste Authority and South Florida Water the proposed services. Management for 10+ years. Grid One has a tremendous amount of experience in with the Florida Division of Number of years in business government work and water treatment plants. We are committed to providing the proposed Boynton Beach, in the current year? services listed in this solicitation. Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r We will not be submitting for Local Business Status Certification Is the business located within Does the business have a Is the business registered the City limits of business tax receipt issued with the Florida Division of Number of years in business Business license number* Boynton Beach, in the current year? Corporations? Florida? * r" Yes r.- Yes r: Yes 17 years EC13004239 r: No rw No r No Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1285 References In order to be considered for this project, the Bidder must list the minimum number of three (3) successfully completed or in progress projects within the last five (5) years of similar scope and complexity in the State of Florida, which shows experience and demonstrates expertise in providing the services as stated herein. Description Reference 1 - Completed or In Progress * Reference 2 - Completed or In Progress " Reference 3 - Completed or In Progress " Name of Firm: City of West Palm Beach ECR Solid Waste Authority City of West Palm Beach ECR Scope of Work: Provide power for temp treatment Installing new 5kv wire, refeeding pumps, Provide and install power to dewatering equipment directional bore equipment on (2) clarifiers 3 & 7. • Provide and install (2) 200amp buckets in existing MCC. • Provide and install (2) 250amp rated distribution panels to power the pump control panels. • Provide cord end connection on control panels and junction boxes for easy removal and reuse for future projects. • Mount pump supplier's control panels on a mobile rack. • No disconnects included the control panel has means of disconnect on it. • Provide provisions for permitting and inspections. • Provide Hot dipped galvanized stands for the distribution panels and control panels. Project Location: West Palm Beach, FI 7501 N Jog Road, West Palm Beach, FL West Palm Beach, FI 33412 Project Lead/Manager: Chris Inman Chris Inman Dustin Edge Cost of Service: $64,458 $1,666,228 $66,908 Start Date of Service: 5/2/2023 8/17/2022 2/2022 End Date of Service: 6/21/2023 In progress 9/2022 Contact Person: Zack Fuller Brad Vermeulen Zack Fuller Title: Program Manager Project Manager Program Manager Email: zfuller@wpb.org bvermeulen@swa.org zfuller@wpb.org Phone #: 407-314-1101 561-307-1316 407-314-1101 Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1286 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Subcontractors The Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all subcontractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional subcontractors, if required. Owner reserves the right to reject any subcontractors who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any subcontractors in order to make a determination as to the foregoing. Name Address Scope of work license No Contract Amount Percentage (%) of Contract Bonded Lightning 2080 W. Indiantown Road Install lightning protection EC13008770 $17,000 1 Protection Suite 100 system. Jupiter, FL 33458 CC Control Corp 5760 Corporate Way Install instrumentation, CGC046430 $30,000 2 Suite 100 RTU hardware, wireless West Palm Beach, FL communications, panels, 33407 enclosures. Midway Corp 1116 Tabit Road Civil, site, demolition CUC056961 $128,000 8 Belle Glade, FI 33430 and well 4, 7 and 8 Green Building 2885 Jupiter Park Drive Reconstruction of Well CGC1520894 $87,000 5 Construction Corp Suite 1800 7W and 8W, fix blocks, Jupiter, FI 33458 cracks and paint at 4W, concrete pads Cummins 6350 NW 167th Street, Start up of generator $15,000 1 Miami Lakes, FL 33014 Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1287 • Bid Form & Bid Bond Documents - BB Bid Form.pdf - Thursday July 13, 2023 11:35:12 • Bidder's Qualification Statement - BB Bidder's Qualification. pdf - Thursday July 13, 2023 11:34:59 • Anti -Kickback Affidavit - BB Anti- Kickback. pdf - Thursday July 13, 2023 11:34:43 • Non -Collusion Affidavit of Proposer - BB Non-Collusion.pdf - Thursday July 13, 2023 11:34:34 • Certification Pursuant to Florida Statute § 287.135 - BB Certification Pursuant.pdf - Thursday July 13, 2023 11:34:21 • Warranties - BB Warranties.pdf - Thursday July 13, 2023 11:33:34 • Trench Safety Act Affidavit - BB Trench Safety.pdf - Thursday July 13, 2023 12:15:53 • E -Verify Form Under Section § 448.095 Florida Statutes - BB E-Verify.pdf - Thursday July 13, 2023 11:33:58 • Bidder's Site Inspection Confirmation Form - Mandatory - BB Site Inspection.pdf - Thursday July 13, 2023 11:46:18 • Certificates. Licenses and Business Permits. W-9 - Misc Documents.pdf - Thursday July 13, 2023 12:00:23 • Additional Document - Experience Record of Traning.pdf - Thursday July 13, 2023 11:56:57 Bonding Upload Section Refer to Bid Document ATTENTION ALL INTERESTED BIDDERS: All Bidders are required to submit a five percent (5%) Bid Bond with the Bid Form or the Bid shall be rejected as non-responsive. A one hundred percent (100%) Payment and Performance Bond is required upon notification by the City of the award the Contract to the selected firm. No bids may be withdrawn for a period of ninety (90) days after the Bid opening. Bids must be accompanied by an acceptable 5% Bid Bond, cash, certified check, or money order. Said bid bond is to be furnished and executed by a surety company of recognized standing, authorized to do business in the State of Florida, and having a Registered Agent in Florida. The bid bond amount shall be 5% of the bid price and shall constitute a guarantee that the contractor, if awarded the contract, will enter into a written contract with the City to perform this work pursuant to the bid. • Bid Bond - BB Bid Bond.pdf - Thursday July 13, 2023 11:35:30 Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1288 Addenda & Declarations SPECIAL TERMS AND CONDITIONS PURPOSE: The purpose of this bid is to seek the services of a qualified Contractor for construction services of the City's Wells # 4W (6058 Sun Berry Cir 33437 - PCN 0042452200001010), 5W (9420 Nursery LN 33437 — PCN 00424523010470010), 7W (9831 Pavarotti Ter 33437 — PCN 00424523010660010), and 8W (Pavarotti Ter 33437 — PCN 004245230000007010) electrical, power, control, and SCADA improvements all of which in accordance with the contract drawings and specifications. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, materials, references, and past performance, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re- perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide a sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. • It will be the sole responsibility of the Contractor to properly dispose of all construction debris at an authorized landfill and all incurred costs shall be borne by the Contractor. • All work areas must meet safety requirements for pedestrian and vehicular traffic and must be left in a clean and orderly manner. All grass areas and/or private property that are damaged while work area is under construction shall be restored as found by the Contractor prior to leaving the work areas after completion of work. It is recommended that the Contractor keep a before and after picture history, at no cost to the City, should any questions arise and be made available to the Project Manager if needed. • All work must meet or exceed the State of Florida Department of Transportation Applicable Standards including the Florida Building Code and City of Boynton Beach Standards. • The supervision of the execution of this Contract is vested wholly in the Project Manager or his representative, and the orders of the City Commission and/or Utilities Director are to be given through him. The instructions of the Project Manager or his representative are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Project Manager or his representative is to have free access to the materials and the work at all times for laying out, measuring, inspecting, or oversight of the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. • To prevent all disputes and litigation, it is agreed by the parties hereto that the Utilities Director or City representative shall decide all questions, difficulties, and disputes of any nature which may arise relative to the interpretation of the specifications, construction, prosecution, and fulfillment of the contract and task orders, and as to the character, quality, amount and value of any work done and materials furnished under or by reason Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1289 of the Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties hereto. Time is an essential element of the contract and as delay in the execution of work will inconvenience and possibly endanger the public, obstruct traffic, and interfere with business, it is important that once work commences at any site, it be carried through to completion without delays or suspension of operations unless deemed to be necessary by the Project Manager or Inspector. In the event any delays or suspension of operations occur, the City reserves the right to hire off-duty police, erect barricades, or take whatever actions are necessary to provide for the safety of the site. All costs involved in doing so shall be just claims against the Contractor or the Contractor's Performance and Payment Bond. By submitting a bid, the Contractor agrees to the conditions as stated above. PLANS AND SPECIFICATIONS: The specifications and all other documentation that make up and constitute the contract shall be followed in strict accordance as to work, material, and dimensions except when the Utilities Project Manager may authorize in writing an exception. Measurement discrepancies shall be decided upon by the Utilities Project Manager or his representative and the Contractor shall not proceed when in doubt as to any dimension or measurement. PERFORMANCE OF WORK: a. The Contractor will furnish a qualified Superintendent who will be present at all times while work is being performed, and shall be authorized to act for the Contractor. The Contractor shall maintain sufficient plant, equipment, and labor on the job site to meet the requirements of the work. b. Equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work. All operations shall be subject to inspection by the Utilities Project Manager or his representative at all times. The Contractor shall submit for approval by the Utilities Project Manager or his representative a description of the type of materials and equipment to be used; and to the method of procedure to be used in the performance of the work. C. It is expressly understood that the Contractor is in all respects an independent Contractor for this work, notwithstanding that under certain conditions, he is bound to follow the directions of the Utilities Project Manager or his representative, and is in no respect an agent, servant or employee of the City. RESTORATION OF PROPERTY: Property, public or private, if damaged during construction or removed for the convenience of the work shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Utilities Project Manager, prior to the final acceptance of the work. Such facilities shall include but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walkways, walls, fences, mailboxes, sod, landscaping, irrigation systems, footings, or underground utilities. DELAYS a. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the time for completion of the work may be extended by the Utilities Project Manager or his representative. Requests for extensions of time must be submitted in writing to the Utilities Project Manager or his representative within seven (7) days from the Contractor's knowledge of a delay. The contractor shall not receive any compensation for additional time required to complete the work as a result of any delay. b. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, intentionally and without reason, cause delays which result in actual loss to the Contractor. Reimbursement thereof may be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed to the Contractor as reimbursement for any other delays whatsoever; regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. C. If the Contractor fails to start the work within the time specified, and if the City should nevertheless permit the Contractor to continue and complete the same without an official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for damages arising from non -completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. d. Liability of the Contractor will include any claim by any person for bodily or property damage after the Notice to Proceed was given for the requested work. MATERIALS: a. The Contractor shall provide the services of all workmen, mechanics, tradesmen, and other employees trained and skilled in their various occupations and all materials and equipment. The request for work to be performed will require the Contractor to supply all labor, equipment, materials, and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. b. Wherever not explicitly described, materials and workmanship of every kind shall be in keeping with industry standards. The Contractor shall perform his work in proper sequence to the work or other contractors and to acts or operations of the City and shall properly join his work to existing or new construction. c. All materials and every process and operation of manufacture, construction, and erection shall be subject to inspection at all times, and the Utilities Project Manager or his representatives and their representatives shall have free access to all parts of the work of construction and erection. The Contractor shall remove, reconstruct, replace, and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1290 FINAL CLEAN-UP: Upon completion of the work specified herein, and before acceptance of any part thereof, and any payment made to include final payment, the Contractor shall remove from the site completed, all machinery, equipment surplus, and discarded materials and temporary structures. The disposal of all materials, rubbish, and construction debris shall be made at a legal disposal site or by other manner if prior approval is granted by the Project Manager. Materials cleared from the site and deposited on the adjacent or nearby property will not be considered as having been disposed of properly. The Bidder hereby acknowledges and agrees: 1. To provide all goods, services, and construction, as more specifically set out and in accordance with the solicitation, including but not limited to the scope of work, specifications, drawings, Addenda (if issued by the Owner), the terms and conditions, etc. stated therein, which are expressly acknowledged and made part of this Contract. 2. This Bid is made without any connections, knowledge, comparison of figures, or arrangements with any other company, firm, or person making a Bid for the same Work and is in all respects fair and without collusion or fraud. 3. I/WE do hereby Bid and offer to enter into a Contract to do all the Work as specified in the solicitation which shall include all costs but not limited to; freight, duty, currency, etc. in accordance with the prices and terms as submitted by the Bidder herein. 4. If 1/WE withdraw this Bid before the formal Contract is executed by the Awarded Bidder for the said Work or One Hundred Twenty (120) Calendar Days, whichever event first occurs, the amount of the Bid Bond accompanying this Bid (if applicable to this bid) shall be forfeited to the Owner. 5. I/WE acknowledge and agree that any issued Addendum/Addenda forms part of the solicitation. 6. I/WE (including any related or affiliated entities and any principal thereof) have no unresolved litigation with the Owner. Palm Beach County Inspector General Acknowledgement The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section P I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Deanna Young, Treasurer, Grid One Electrical Construction, Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1291 The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum No. 2 - UTL23-030 - West Wellfield Electrical Upgrade 4W, 5W, 7W & 8W Fri June 30 2023 04:09 PM Addendum No 1 - UTL23-030 - W Wellfield Electrical Upgrade 4W,5W,7W & 8W Tue June 27 2023 11:03 AM F 196 49 Bid Number: UTL23-030 Vendor Name: Grid One Electrical Construction, 1292 UTL23-030 - West Wellfield Electrical Upgrade - 4W, 5W, 7W, & 8W - Overview of Specifications and Schedule of Prices *Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time. All others submitted in response to this solicitation, if any are her.hy rejected as late. Bid Due Date'. July 13, 2023 Bid Due Time'. 2'.30 P.M. Bid Comol'al,Check Schedule/SpeciOcations Grid One Elettrical Construction, Inc. 390 US Highway 27 N. South Bay, FL 334193 Con[aR: Deanna Young Comae[ No. S61-996-9988 Email: Deanna@GR1D.com Eau Gallie Elettric 2012 Aurora Road Melbourne, FL 32935 Contac[: Christopher Hughes Contact No.: 321-259-2885 x 307 or 321-890-7215 Email: chughes@eg-electric.com BID PROPOSAL AMOUNT s:1, Fig IV0 $1,673,000.00 Letter of Interest Ves-Included Yes -Included General Conditions -Maximum 6%of Total Bid Price Ves wlthln the 6% VA, -hid the 6% Confirmation of Minority Owned Business N/A Ves- Di, abled Veterean Loa I Business Status Certiflcatlon Checked Not EII ible Checked NoN/A Bid Form Ves-Signed &Sealed Yes -Signed & Sealed Bid Bond Included Included Bidder's Qualification Statement Ves-Signed & Notarized Ves-Signed & Notarized Anti-Ki,k-back Affld-t Ves-51 ned&Notarized Ves-51 ned &Notarized Non -Collusion Affidavit of Proposer Included - Signed & Notarized Included -Signed & Notarized C-ifiation Pursuant to Florida Statute 4 287.135 Yes Ves Warranties Ves-Signed &Sealed Ves-Sign&Sealed Trench Safety Act Affidavit Included -Bore: Unit (1) Qty (1.0J Unit Price $54/ft Extended Price ($54,000); Trench: Unit (1') Qty (200') Unit Price $90/ft Extended Price $18,000 Included -Sloping: Unit (LF) Cl (1551 Unit Price $3- Extended Price $542.50 E -Verify Form Under Section 448.095 Florida Statutes Ves-5lgned & Notarized Ves-Signed & Notarized Bidder's Site Inspection Confirmation Form Included Included Addendum 1 & 2 Acknowledged Yes Ves Professional Licenses (Omnisl Deaton Jr.)FL did,Elecd-IContractors L, --g Board J,No. EC13004239 Exp 8/31/24 (Christopher Hughes) FL dbpr Electrical Cont-- LICen.Ing Board Lic No, EC13003441 Exp. 8/31/24; (Corey De rf...)FL did,Const—i—Industry Licensing Board LicenceN. C-15-1.exp 8/31/24;(Ch ristopher Hughes) State of FL FBPE Board of Professional Engl neer. License No PE74016 Exp. 2/28/25 W-9 Included Included References (3)Included (3)Included Subcontractors Ves (5) -Bonded Lighting Protection 1%); CC Control Carp (2%); Midway Corp (8%); Green Building Construction Carp (5%); Cummins (1%) Ves (6) Hamilton Masonry (4`0 i ISR Enterprises East Coast, LLL (4%); Eastern Pipeline Construction, Inc. (2%); Mcklm & Creed ON ; Superfar Fence & Rail, Inc (,I%); Comet Fence (2%) Certifications State of FL Department Of State Corporation ND PDSDDD131915 Slate Of FL Department of State Corporation No 122256 Business Tax Licenses Palm Beach County Local exp 9/30/23 -BTR No. 201102569 Brevard County Zoning Restrictions exp 9/30/23 Acct No 46240 Experience and Training Included Included Pal,,, Beach County Inspector General Acknowledgement Yes Ves Confirmation If Drug Free Workplace Acknowledgement n, Ves Ves CDnfl ,lmerest Nan. None COMMENTS'. Turn around time 3 - 5 Business Da s IT... around time 24 hours; FPL fees is nut included in the Bid; Organization chart included Electronic Dpened By: Bids & Tenders on July 13, 2023 @ 2:30 P.M. Compliance Tabulation By Tara lyn Pratt, Contract Adminlstrator on 7/18/2023 293 UTL23-030 - West Wellfield Electrical Upgrade - 4W, 5W, 7W, & 8W - Quote Form - BID PROPOSAL - WEST WELLFIELD ELECTRICAL UPGRADE - 4W, 5W, 7W, & 8W Grid One Electrical Construction, Inc. Eau Gallie Electric ®®®®®® •i ® .- r. a®moi ® - & ® ® ®W0#8W 294 �fN0 February 17, 2023 Joel Lacroze, PMP City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: UTL23-030 West Wellfield Electrical Upgrade - 4W, 5W, 7W, & 8W Engineer's Recommendation for Award of a Construction Contract Dear Mr. Lacroze: V .us I AIm acri I,.I da 334"11 11 561 nk ,-d=4d,U I 1 56 868-64 d;4 0 carollo.com As requested we have contacted the references provided by the two bidders for the subject project. The following references responded for each contractor: Grid One Electrical Construction, Inc. • Brad Vermeulen, Solid Waste Authority • Zack Fuller, West Palm Beach Eau Gallie Electric: • Mike Coppage, AVCON, Inc. • Rob Johnston, Quad -J, Inc. References for both bidders responded favorably and stated that each contractor completes their work on time, performs quality work, and does not submit unexpected change orders. On the basis of these responses, and as Engineer of Record, we recommend that this construction project be awarded to the low responsive bidder, Grid One Electrical Construction, Inc. Please contact me if you have questions or need additional information. Sincerely, CAROLLO ENGINEERS, INC. C. Scott Lee, PE Vice President Cc Elizabeth Fujikawa 295 CONSTRUCTION CONTRACT WEST WELLFIELD ELECTRICAL UPGRADE - 4W, 6W, 7W, & 8W THIS AGREEMENT ieentered into by and between the CITY OFBOYNTONBEACH, aMunicipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave.. Boynton 8each, FL 33435, hereinafter referred to as "CITY", and [type of entity: corporation] authorized to do business in the State of Florida, with m business eddoyma of hereinafter referred to as the WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related the West We|KieldElectrical Upgrade —4VV BN.7W.&8W;and, WHEREAS, etits meeting of .byResolution No. the CITY Commission approved this award to CONTRACTOR and authorized the proper CITY off icials to execute this Agreement hereinafter referred toasContract Nn.: UTL33-030. NOW, THEREFORE, CITY and CONTRACTOR, inconsideration of the mutual covenants hereinafter set forth, agree as follows: CONTRACTOR shall furnish all labor, materials, and equipment and perform all the necessary services in the manner and form provided in the CITY's solicitation (herein referred to as "WORK") entitled: [Bid 1No.: UTL23-030 WEST WELLFIELD ELECTRICAL UPGRADE — 4W, 5W, 7W. & Caro|o Engineers ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion ofthe WORK inaccordance with the Contract Documents. 3\01 Contract Time. Phase | Scope of work (includes all work except the generator |nyha|eUon including enclosure and connection tothe transfer switch) will besubstantially completed within L= [three hundred two) calendar days from the effective dmha of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and Phase 11 all remaining work (including the lead time for the generator) will be substantially completed within LM [three hundred] calendar days from Phase I substantial completion date. Completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within U calendar days from Phase It date of Substantial Completion. 3.02 Termination for Convenience. This Agreement may beterminated byCITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed UU the termination date, including nan/ioem reasonably related to hanninsdkzn. |nthe event that CONTRACTOR abandons this Agreement orcauses it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. Bid No. muu-03n-wWei IfieldElectrical Upgrade wmsWnwow C-1 3.03 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR 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) days atter receipt by CONTRACTOR of written notice of such neglect or failure. 3.04 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, rOne Thousand Two Hundred] Dollars ($1,200.00) for each day of that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY rThree Hundredl Dollars 300.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. �%7IN I.T4&M04 CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Million Six -H.-undred Ten Thousand and Zero Cents $1,610,000.00 (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. Bid No. UTL23-030 — W Weiitield Electrical Upgrade 4W 5W 7W 8W C-2 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. 5.7 All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. RETAINAGE. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City/Owner and the Design Builder will inspect the work and develop a punch list covering those items required to render complete, satisfactory, and acceptable the construction services purchased by the City/Owner. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City/Owner and Design Builder are unable to agree on an item or value, the City/Owner has final discretion whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within 20 business days after the creation of the punch list, the remaining contract balance, including retainage, will be paid to the Design Builder less an amount equal to 150 percent of the cost to complete the items on the punch list. Upon reaching final acceptance for an item or all items, the 150 percent withheld for each item will be released with final payment. For projects valued at $10 million or more, the 30 calendar day period may be extended to 45 days. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Sid No. UTL23-030-- W Welifield Electrical Upgrade 4W 5W iW SW C-3 rn N The Documents hereinafter listed shall form the Contract and they are osfully apart ofthe Contract as if attached hereto: 81 Request for Bid 82 Instructions toProposers /Bidders 8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 8.4 Contract 8.5 CONTRACTOR'sBid Bond, Performance and Payment Bond 8.6 General Conditions for Construction 87 Special Terms and Conditions 0.8 Specifications and Technical Requirements entitled: Attachment A — Carollo Engineers, /no.-8ignad&Gea|ed8p*oia|CondiUona&Toohnice|SpeoiUoodiono 8.9 City Construction Standards and Details (available online at: UbHc works -en 8.10 Geotechnical Report, Permits, Surveys, Drawings entitled: ARTICLE 9. : All notices required inthis Contract shall besent bycertified mail, return receipt requested, and if sent to CITY shall be mailed to: Daniel Dugger,City Manager City ofBoynton Beach 1DOEast Ocean Ave, Boynton .FL 33435 Telephone No. (561)742-6000 And if sent to the CONTRACTOR shall be mailed to: Grid -One Electrical Construction, Inc. South Bay, FL 33493 561-996,-4488 101 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, emp|oyemo, ogentm, inadmmemtaditiea, and the Qbaha of Florida, Division of Emergency Management from liability, losses or demageo, including attorneys' hsea and costs of defense, which the CITY or its nffioero, amp|uyoea, 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 or resulting from the neg|igenoa, recNoaunomn, or intentional wrongful misconduct of CONTRACT0R, its emp|oyaoa, ogentm, sen/anta, pmdnara, principals or oubcontnyotorm during the bann of this Agreement or resulting thereafter. The CONTRACTOR 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 eppUoob|e, including appellate procmodinga, and shall pay all uosto, judgmenta, and Bid No. urus-0m-wWemel^Electrical Upgrade wmswnmmw CA attorneys' fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep and save harmless and defend the CITY or its officers, employees, agents and instrumentalities as herein provided, 10,2 CONTRACTOR's aggregate liability shall not exceed the proceeds of insurance required to be placed pursuant to this Agreement, plus the compensation received by CONTRACTOR. 10.3 Upon completion of all services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 10.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 10.5 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time. :-_ li- : 7, M► i Nel•i, nu it W -Min.' ► . Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: 12.01 Keep and maintain public records required by the CITY to perform the service; 12.02 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 12.03 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the City; and, 12.04 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR's possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Bid No. UTL23-030—W Welifield Electrical Upgrade 4W 5W 7W SW c -s 0 0 M 13.1 CONTRACTOR certifies that it isaware m[and complies with the nsqoiramentsofSection 448.805. Florida Sbatutaa, as may be amended from time totime and briefly described herein below. 13]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, aupp|iem, nrservices to such employer in exchange for e oa[ery, waQee, or other remuneration. "Contractor" ino|udeo, but is not limited to, a vendor orconsultant. 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 S(abam Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 131.2 Registration Requirement; Termination: Pursuant to Section 448095. 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 emp|uyenm. Contractor shall register for and utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: A. All persons employed byaContractor tmperform employment duties within Florida during the term ofthe contract; and B. All persons (including muh-vendora/mub-conmu[bants/sub'oontraotom)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 hann of the contract ioecondition ofthe contract with the City ofBoynton Beach; and C. The Contractor shall comply with the provisions of BamUon 448.095. Fla. Stat., "Employment Eligibility," as amended from time to time. This inu|uden, 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 on affidavit attesting that the subcontractor does not emp|oy, contract with, orsubcontract with, an unauthorized alien. The Contractor shall maintain o copy of such affidavit for the duration of the oonbooL Failure to comply will lead to termination of this Cnntnact, or if subcontractor knowingly violates the otsdu\e, the subcontract must be terminated immediately. Any challenge to termination under this provision muet be filed in the Circuit Court no Bid No. vrns-0uo-vvwemielwElectrical Upgrade owawnwmm rs N O M later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 14. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. Proposer further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the CONTRACTOR of the City's determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 15. MISCELLANEOUS, 15.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 15.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 15.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 15.4 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. 15.5 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 CONTRACTOR, 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 CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 15.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 15.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, Bid No. UTL23-030 —W Wellfield Electrical Upgrade 4W 5W 7W 8W C-7 ordinances, rules, orders, regulations and requirements of all focal, city, state, and federal agencies as applicable. 15.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR 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. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 15.9 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 agreement. 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. Article 16. DEFAULT OF CONTRACT & REMEDIES. 16.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 16.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 16.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 16.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 16.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. 16.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 16.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Bid No. UTL23-030— W Wellfield Electrical Upgrade 4W 5W 7W SW C-8 M O M Agreement, where such seizure ianot discharged within thirty (3O)days. 163 Remedies in Default. In case of default by CONTRACT0R. CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR tocomply with all provisions ofthe Agreement, Acopy ofsuch written notice shall bamailed hothe Surety onthe PerfonnanoeBond. |fthe abandonment, de|oy, refusal, fai|mna, neglect ordefault is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR Of auch dac|mmaUnn of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services Linder the Agreement, at its own cost and expense. 16.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason ofdefault, shall bedue and payable toSurety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued toperform the services under the Agreement. 18.3.2CITY may complete the Agreement, orany part thereof, either byday labor, use of a subnordraobor, or by re -letting a contract for the aeme, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same . .,.,,.^. to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 163.3 |nthe event CITY completes the Agreement atelesser cost than Would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost bzCITY begreater, CONTRACTOR shall pay the amount ofsuch excess tothe CITY, 15.3.5 Notwithstanding the other provisions in this Artkdo. CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (i4)days ofthe receipt byCONTRACTOR ofsuch notice from CITY. Article 17PROHIBITION AGAINST CONSIDERING SOCIAL, 30LITICAL OR IDEOLOGICAL - INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.06701. Bidders are hereby notified of the provisions of section 287.05701. Florida Statutee, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders any further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests, Article 18. SOVEREIGN IMMUNITY. Article 19. Nothing contained herein isintended to serve asowaiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity orunder Section 7S828.Florida Statutes. |fthere is aconflict cxinconsistency between any term, obatamentrequirement nrprovision of the Services Agreement, Exhibita, other documents incorporated into the Services Agreement and the Addendum, the terms ofthis Addendum Additional Terms shall be controlling, Bid No. uroy-0a -vvwmmemoem*munarao wwawnwww cy LO 0 M "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 parfies. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _day of M Daniel Dugger, City Manager Approved as to Form: David N. Tolces Office of the City Attorney Attested/Authenticated: City Clerk 2023, COMPANY �` GAV a Uq El'eGV"I Cal cons+mtw I1, (Signature), Company " Print Name of Authorized l 0 icial 1111110Z Attest/Authenticated: Witness Print Name (Corporate ---- .0, - :) F" � -r C 04 a ORPORAI"/`�% ot E Z 0 Bid No. OTL23-030 — W Wellfield Electrical Upgrade 4W SW 7W 8W 0.10 to 0 M / 4- = 3 % o / v � % Ce) \ 0 m CLO � _ % � � � L- CD E = .g 2 $ E % 0 $ \ . E M $ S M 0 0 / \ o � c — O _ $ % � \ o E E o _ _ ± m G C ® _ / � �� ® o o E ,/ / � \ o \ E % _o �09- / % C": $ 0 0 o E 2/ Q E.- E > o — � ® - =3 � ® � -0 CLm _ � � q z � / G � @ M C / m \\\ f 0 4-a () o , $ E Q Q Eo �__0¢ __ � vim_ �_ '1 L Q� ƒ f % ( / /p � k c � E / a) \ �E O$ o ® o\ m> M o o _ 0 E 76 Y L co 0 M N C 0 a> O L v U) V 7 O -0 U Q (6 7 E (B N O O O U U o cn O N cn i M I..I.J � Co � CD �� oo r O �'U Om chN cn.-- O -0-0 U • •� ^�` m 0 M A M U N C ^, NN N 0) W N O O • 'O N � O ^, U -0 � O U EE EO -0 o O E U �U 4.1CLO _ o 0 U 0 }, o >+ O o �)o > co C) ami 0) o a� -S 0 o ti �Q o m r - EE Q" O L N +r U (� E> O U �} N O O U O W . O co LL m 0 M El 0 M 7.0 Consent Bids and Purchases over $100,000 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Installation of utilities equipment canopies for portable generator storage. Requested Action: Requesting Commission approval to increase PO # 211639 for Change Order No. 1 in the amount of $27,209.37 and Change Order No. 2 in the amount $2,897.64 with RPM Contractors, Inc. for Task Order F-16-2021 Utilities Canopies for RFQ No. 028-2511-20/RW - Minor Construction Services Bid, awarded by City Commission on 1/19/2021. Explanation of Request: On July 14, 2021, Facilities Management issued Task Order F-16-2021 for "Utilities Equipment Canopies". The scope of the work includes installation of (2) two pre -manufactured steel buildings to house Portable Generators that are used at multiple lift stations as backup power. These structures will protect the Generators from the elements and sun damage and prolong the life of the assets. During the construction phase, the original layout plan for the canopies created unforeseen issues including the proposed structure foundation would be on top of a water main and electric feed lines for the water tower and also causing access challenges for larger vactor trucks. On further evaluation of the site, it was determined that the structure could be constructed 30 feet to the south of the original location in a grassy area, alleviating the access issues. There are no underground utilities in the new proposed location. Two change orders are needed, one in the amount of $27,209.37 to remove the west curb, excavate the site, back fill, compact, and add compacted limestone rock at the new site and the other in the amount of $2,897.66 for the repair asphalt that was removed by field staff in order to create an electric trench for power feeds to accommodate the new site layout. How will this affect city programs or services? The prefabricated canopy structures will provide shade and safe guard the portable generators and other stored equipment, extending the life of the generators that provide essential back-up power to the utilities wastewater lift stations and water supply wells in case of power outages. Fiscal Impact: Funds of $30,107.03 are available in the Utilities CIP Account 403-5000- 535.65-04 - Utilities Canopies Project # SW2317. Attachments: Change Order #1 & #2 RPM CONTRACTORS.pdf 311 Capital Improvement Program Project Information & Financial Plan Form Project Title: Utilities Canopies Location: Utility Project #: SWR102 Project Type: New Construction Amount Project GA #: 403-5000-535-65.04 Project Manager: Kevin Ramsey Design Howard Kerr Construction Project Duration 2 years PROJECT DESCRIPTION PROJECT PICTURE (Copy and Paste or Insert) Utilities Canopies to protect the generators from the elements and the sun. BUSINESS CASE This project will help to prolong the live of the generators and tractors. PROJECTSCHEDULE Planning / Study Design Contract Advertise/Award Construction Pwiect in Sei-Wce Dano SOURCE OF FUNDS General Gov't CIP Fund (302) Local Gov't Surtax Cap Fund (303) Local Option Gas Tax (104) Parks & Rec Trust Fund (141) Rec Program Revenue Fund (172) Public Service Debt Fund (207) Utility Cap Improv Fund (403) Utility Cap -fees (404) Golf Fund (411) Debt Grant(s) Grant Namels): _...TOTAL .............. �.......-..._...................................................... USE OF FUNDS Planning/Design Construction Furniture & Equipment Technology Software/Hardware Art (1% of Construction) Contingency Program Management w -w-... .w _.__.. TOTAL Impact on Opera Revenues (List: SC,Ig7 i'rlf,Pa,: TOTAL 11111�11 N, ��wwww...wwwww. ..._..... _ Start Completion PROJECT CRITERIA Estimated ......._-w.____.______,rv..__.__w......w-w.._..-w.-......_ _...._._.._. ________....___ Actual Estimated Actual Replacement of Facilities/Equipment (New) ✓ ........... ............._.„.__.._.,,,,.....,.,.,.,... Expansion of Facilities (Modification) Enhance Service to Public Regulatory or Commission Mandate Aug -2021 Sep -2021 Sep -2023 Reduce Costs Generate Revenue High ✓ Critical- tied to mandates or safety Health & Safety Medium Maintain level of service, operational savings Security / Fire Control Low Ww mm ww MWModerate,benefit ADA Complaince $186,380.00 $ 30,107.03 and %shi $186,380.00 $ 30,107.03 $ Prior Years FY 23/24 FY 24/25 1 $ 186,380.00 $ 30,107.03 Prior Years FY 25/26 $ 0.00 $ 0.00 FY 24/25 FY 25/26 Date Submitted by: Howard Kerr 08/30/23 S.” P.g .. fl` FORMS (PDF k E—n\Cd'-Prajerl Sten [PROJECT NAME"215202i.,h,:Prnjen Shen 312 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 216,487.03 $ 0.00 $ 0.00 $ 0.00 $ 0.00 (2) . _ ....... ................ ............. and %share) FY 26/27 FY 27/28 _ Project Total $ 0.00 $ 216,487.03 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $0.00.. ��$ 0.00 _ $ 213,589.37 FY 26/27 FY 27/28 Project Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 -.--_--- $0.00 _ .._._ S 0.00 �._.$ 0.0.0 ...........�.......... $ 0.00 Date Dept. Director: Tremaine Johnson 08/30/23 111202.1 312 RPM GENERAL CONTRACTORS, INC. CGCA # 037314 600 N E. 26TH COURT (064) 786.9900 POMPANO BEACH. FL 33064 FAX (954) 7854070 Please issue a chomp orderfor changes in the contract sum andlor Time Incidental to proposed modiffoallons to the Contract Documents described herein. Description; Furnish labor and material to 01-60I SOUTH CANOPY - LIME STONE PARKING REMOVE WEST CURB EXCAVATE SITE TBELOW EXISITNNG GRADE BACK FILL & COMPACT WfTH FILL ADD 12 `# 67 LIMESTONE ROCK COMPACTED Contract Time PAU he (increased) by 14 DAYS Attachments: Back-up: RPM GENERAL CONTRACTOR,Inc. 1?.C)?- M01-115ACjRU 27,209.37 TOTAL CHANGE ORDER ONE 27,209.37 5126/2023 i� Miii�iiir.'066 M&T, E'AG6-E .. ... ........ . . . .. . .. .. . .................. . . . . . . . .......... .. . .... . . . . . CITY OF BOYNTON BEACH DATE 313 &%U&§.-LEQR CHANGE ORDER PROPOSAL PROJECT: UTILITIES EQUIPMENT CANOPY CHANGE ORDER REQUIEST# 001 124E WOOLBRIGHT RD BOYNTON BEACH, Fl. 33435 DATE: 26 -May -23 OWNER: CITY OF BOYNTON BEACH TASK ORDER # F-16-2021 TO: (OWNER) HOWARD KERR CONTRACT FOR: GENERAL CONSTRUCTION CITY OF BOYNTON BEACH 124E WOOLBRIGHT RD CONTRACT DATE: BOYNTON BEACH, FL 33435 Please issue a chomp orderfor changes in the contract sum andlor Time Incidental to proposed modiffoallons to the Contract Documents described herein. Description; Furnish labor and material to 01-60I SOUTH CANOPY - LIME STONE PARKING REMOVE WEST CURB EXCAVATE SITE TBELOW EXISITNNG GRADE BACK FILL & COMPACT WfTH FILL ADD 12 `# 67 LIMESTONE ROCK COMPACTED Contract Time PAU he (increased) by 14 DAYS Attachments: Back-up: RPM GENERAL CONTRACTOR,Inc. 1?.C)?- M01-115ACjRU 27,209.37 TOTAL CHANGE ORDER ONE 27,209.37 5126/2023 i� Miii�iiir.'066 M&T, E'AG6-E .. ... ........ . . . .. . .. .. . .................. . . . . . . . .......... .. . .... . . . . . CITY OF BOYNTON BEACH DATE 313 R P I V I GENERAL CONTRACTORS, INC. CGCA # 037314 680 N.E. 26THµ COURT,_,.._, —,.-,....,-..................... �. ..,..,.. _ .._........_.... _......------------ -.................................. � . ........�. _. ,54)7$5-896000 .- �... ................ ............. , (9 POMPANO BEACH, FL 33064 FAX (954) 785-4070 REQUEST FOR„CHANGE ORDER,PROPOSAL PROJECT: UTILITIES EQUIPMENT CANOPIES CHANGE ORDER REQUEST # 002 TASK ORDER # F-16-2021 BOYNTON BEACH, FL 33435 DATE: 14 -Sep -23 OWNER: CITY OF BOYNTON BEACH ARCH PROJECT NO: TO: (OWNER) HOWARD KERR CONTRACT FOR: GENERAL CONSTRUCTION CITY OF BOYNTON BEACH 2525 E. CAMELBACK RD. SUITE 810 CONTRACT DATE: BOYNTON BEACH 85016 619-675-9690 fax 850-668-5813 Please issue a change order for changes in the contract sum and/or Time incidental to proposed modifications to the Contract Documents described herein. Description: Furnish labor and material to 02-001 ASPHALT STRIP PATCH -APPROX 34'X 3' REPAIR OF ELECTRIC TRENCH BY CITY WATER DEPARTMENT 2,897.66 FOR NEW LOCATION OF POWER FEEDS WORK IS REQUIRED AFTER RELOCATION OF STRUCTURE TO ACCOMADATE NEW SITE LAYOUT TOTAL CHANGE ORDER ONE 2,897.66 Contract Time will be (increased) by DAYS Attachments: Back-up: RPM GENERAL CONTRACTOR,Inc. Project Manager: BOB MCTEAGUE POT- MOTFACiRE 9/14/2023 war 314 7.D Consent Bids and Purchases over $100,000 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Resolution No. R23-139- Ezell Hester Park Improvements- Change order to PO 231014. Requested Action: Approve a change order with LTG Sports Turf One (Bid # PWE23-004) in the amount of $361,103.47 based on costs provided and amending the fiscal year 23-24 surtax and capital improvement budget. Explanation of Request: On January 17, 2023, Commission approved funds in the amount of $3,761,245.37 needed for the Ezell Hester Park Improvements, and purchase order 231014 was created. The project included electrical, data connections, field renovations, demolition, installation of sewer lines, and landscaping. Phase 1 B of this project was not funded through the CIP process due to its cost. However, we were recently awarded $250,000 from the National Football League Grass Roots Grant. The Public Works department now can use these funds to offset costs and add some components of the phase 1 B to enhance this project. Additional electrical and a new structure that will accommodate concession, bathroom, and storage are needed in the amount of $706,103.47 per the attached quotes. However, a deductive contractor's change order in the amount of $95,000 was submitted, and with the use of the $250,000 from the National Football League Grass Roots Grant, it brings the total change order increase to $361,103.47. How will this affect city programs or services? It will provide an athletic facility for City residents and offer a location for programs and/or events. This will allow the City to solicit additional grants, donations, and other funding sources in the future. Fiscal Impact: This is a budgeted item. Attachments: 315 Resolution R23-139 FY23-24 Budget Amendment - (Hester Center). PCO 16 - Concession & Restroom Bldg.pdf PCO - 17 Electrical Feed Revised.pdf FY23-24 Surtax Capital Fund Amendment - Hester.pdf 316 1 RESOLUTION R23-139 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR THE 5 SURTAX CAPITAL FUND (303); PROVIDING FOR AN EFFECTIVE 6 DATE. 7 8 9 WHEREAS, the Fiscal Year 2023 -24 Budget was adopted in September 2023; and 10 WHEREAS, a budget amendment is required to increase the spend to the Hester Center 11 site improvement project and process invoices for the remainder of the fiscal year which 12 requires an increase in the amount of $361,104; and 13 WHEREAS, the Surtax Capital Fund (303) will be amended to reflect the increased 14 appropriations from $15,536,700 to $5,897,804; and 15 WHEREAS, accordingly staff is requesting Commission approval to amend the Fiscal 16 Year 2023-24 budget as noted specifically on Exhibit A. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the City Commission hereby approves amending the Fiscal Year 23 2023-2024 Budget for the Surtax Capital Fund (303) accounts which will adjust budgeted 24 appropriations, as noted on Exhibit "A" which Exhibit is attached hereto and incorporated 25 herein by reference. 26 Section 3. This Resolution shall become effective immediately upon passage. 27 S:ACA\RESO\Budget\2023 - 2024 BudgetTY23-24 Budget Amendment Resolution - (Hester Center).Doex 317 W 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 PASSED AND ADOPTED this 3rd day of October, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney Me S:ACA\RESO\Budget\2023 - 2024 Budget\FY23-24 Budget Amendment Resolution - (Hester Center).Docx 318 CITY OF BOYNTON BEACH Exhibit A BUDGET AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 10/07/23 2023/24 2023/24 PROJECT/PO ADOPTED Amendment AMENDED NUMBER BUDGET Revenue Budget BUDGET SURTAX CAPITAL FUND 303 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 303-4209-572.63-05 PARKS IMPROVEMENT Adopted Fund Total Expenses Vendor/Comments 1,079,700 361,104 1,440,804 5,536,700 361,104 0 5,897,804 PO231014 35,000 361,104 396,104 Hester Park: LTG Sports Turf 5,536,700 361,104 5,897,804 J:\SHRDATA\Finance\Budget Amendments and Transfers\FY2022-23\Current Year Budget Amend ment\FY23-24 Surtax Capital Fund Amend mend5urtax Fund Amendment 531957 PM To: City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 PCO 16 -AWAY, Conceasioa Building, Number: 16-0 Date: 08/25/2023 Jab: 45-00255 BOYN01- Hester Park Ezell Hester Jr. Park 1901 N. Seacrest Blvd. Boynton Beach, FL 33435 We are pleased to propose the following changes for. new away -side concession building. LABOR: Demo Asphalt & Prep for Concrete (3) Laborers 13❑Operators Install A Compact LRB under Building Slab (2) Laborers (2) Operators 11 ❑Superintendent (1) Remobilization MATERIAL: Limerock Base for Concrete Slab Trucking - Limerock Base SUBCONTRACTOR: Design & Install Conession Building (23.5'x 50') Relocate Sewer and Water to New Concession Area EQUIPMENT: Install Concrete Footings 3.0 CY Loader Skid Steer *,Additional 74me for Proposed'Work: '1,35 Wionldng Days" Submitted by: LTG Sports Turf One LLC Unit Price Price 2.00 days $972.00 $1,944.00 2.00 days $1,161.00 $2,322.00 2.00 days $648.00 $1,296.00 2.00 days $774.00 $1,548.00 100.00 days $450.00 $45,000.00 1.00 is $5,000.00 $5,000.00 50.00 tons $11.82 $591.00 2.00 loads $350.00 $700.00 1.00 is $272,952.00 $272,952.00 0.00 m1 $19,700.00 $19,700®❑ 5.00 days $330.00 $1,650.00 5.00 days $250.00 $1,250.00 Subtotal: $353.953.00 OH&P (15.0%): $53,092.95 Bond Fee (3.0%): $7,079.06 Total: 1414,125.01 320 m m 0 z p '0 tf M a j (D 0 Om o I 0 z Z a j (D 0 CITY OF BOYNTON BEACH - NESTER PARK 1901 N. SEACREST BLVD., BOYNTON BEACH, FL. 33435 CONCESSION /STORAGE/ RESTROOM FACILITY 1' 321 o Z v. .... . ... .... .. ...... ... ... .. CITY OF BOYNTON BEACH - NESTER PARK 1901 N. SEACREST BLVD., BOYNTON BEACH, FL. 33435 CONCESSION /STORAGE/ RESTROOM FACILITY 1' 321 To: City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 PCO 17 - Electrical Changes We are pleased to propose the following changes: ............................................................................................................................................................................................................................................................................ �, f; r y„ , i a 2240 W. Woolbright Road, Suite 411 Boynton Beach, FL 33426 Tel (561) 225-1113 www.sportsturfone.com Proposed Change Order Number: 17-0 Date: 08/17/2023 Job: 45-00255 BOYN01- Hester Park Ezell Hester Jr. Park 1901 N. Seacrest Blvd. Boynton Beach, FL 33435 Unit Price Price General Conditions: -Site Supervision 60.00 DAYS $450.00 $27,000.00 -Temp Facilities and Site Security 2.00 MONTH $5,500.00 $11,000.00 Sportslighter Electric: 1.001s $210,916.00 $210,916.00 • Furnish and install grounding for service. • Furnish and install equipment rack for new service switchgear. • Furnish and install feeder from panel P to T1 transformer. • Furnish and install feeder from transformer T1 to panel SL. • Furnish and install feeder from panel P to panel P1. • Furnish and install feeder from panel SL to FPL transformer. • Break into existing FPL transformer, install conduits and coordinate with FPL. • Furnish and install TUV meter can at FPL transformer location. • Furnish and install empty conduit from FPL transformer to new TUV meter. • Furnish and install panel SL. • Furnish and install panel P. • Furnish and install panel P1. • Furnish and install new 150 kva transformer with concrete pad at new service location. • Install 2 Musco lighting control cabinets on equipment rack. • Furnish and install feeders to Musco sportslighting poles at phase lA football field. • Furnish and install 1-480 volt and 1-208 volt TVSS modules. • Refeed phase 1B Musco sportslighting poles. • Furnish and install traffic rated junction box for phase 1B Musco sportslighting circuits. • Extend phase lA lighting and power conduits to new service location. • Refeed scoreboard at football field location. • Furnish and install empty future conduits for phase 1B to terminate injunction box. • Furnish and install feeder to pressbox from new service location. • Furnish and install empty conduit system for sound speakers located on the 4 Musco light poles located at the football field. ****A quick acceptance of this CO is crucial as the NEma 3R Panel that they are proposing has a 4 MONTH lead time**** "'Adds 4 Months to Contract due to Lead Time **** Subtotal: $248,916.00 OH&P (15.0°/x): $ 37,337.40 Bond (2.0%) : $ 5,725.07 Total: $291,978.46 Submitted by: LTG Sports Turf One LLC Approved by: 322 Date: CITY OF BOYNTON BEACH Exhibit A BUDGET AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 10/07/23 2023/24 2023/24 PROJECT/PO ADOPTED Amendment AMENDED NUMBER BUDGET Revenue Budget BUDGET SURTAX CAPITAL FUND 303 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 303-4209-572.63-05 PARKS IMPROVEMENT Adopted Fund Total Expenses Vendor/Comments 1,079,700 361,104 1,440,804 5,536,700 361,104 0 5,897,804 PO231014 35,000 361,104 396,104 Hester Park: LTG Sports Turf 5,536,700 361,104 5,897,804 J:\SHRDATA\Finance\Budget Amendments and Transfers\FY2022-23\Current Year Budget Amend ment\FY23-24 Surtax Capita Fund Amend mend5urtax Fund Amendment 532357 PM 7.E Consent Bids and Purchases over $100,000 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Bid Extensions and Piggy -Back Over $100,000. Requested Action: 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 September 5, 2023 - "Request for Extensions and/or Piggy -backs." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). DESCRIPTION SOLICITATION VENDOR(S) OF NUMBER RENEWAL TERM AMOUNT SOLICITATION Annual Estimated Senior Center October 1, 2023 — Expenditure Mae Volen Senior Transportation Two -Party September 30, Center, Inc. Services Agreement 2024 $111,000 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 the line items as noted on the attached report. Attachments: 324 $100K over REQUEST FOR BID EXTENSIONS October 3 2023 Report Renewal Interest Letter - Mae Volen Senior Center Inc 2023-2024 - Signed 325 REQUESTING DEPARTMENT. Recreation DEPARTMENT CONTACT: Kacy Young TERM: October 1, 2023 to September 30, 2024 SOURCE FOR PURCHASE: Two -Party Agreement with Mae Volen Senior Center, Inc. ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S): MAE VOLEN SENIOR CENTER, INC ANNUAL ESTIMATE: $111,000 DESCRIPTION: The Mae Volen Senior Center provides transportation services for the City of Boynton Beach senior residents four (4) times daily, Monday through Friday. The program follows routes and destinations as established by the City. Mae Volen Senior Center provides all staff, vehicles, and insurance. Approve the renewal for the one-year term October 1, 2023 through September 30, 2024. 17 The City of Bounton Beach 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 September 7, 2023 The Mae Volen Senior Center, Inc. Attn: Elizabeth Lugo, President/CEO 1515 West Palmetto Park Road Boca Raton, FL 33486 VIA EMAIL TRANSMITTAL TO: lugoea-volencenter.com RE.: TRANSPORTATION SERVICES CURRENT AGREEMENT TERM: OCTOBER 1, 2022— SEPTEMBER 30, 2023 Dear Ms. Lugo: The current Agreement term for "TRANSPORTATION SERVICES" expires September 30, 2023. The agreement between the City and The Mae Volen Senior Center, Inc. allows the option to extend the agreement for continuous services. The City of Boynton Beach would like to extend the agreement from October 1, 2023 to September 30, 2024 with the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2022-2023 budget year. Please indicate your response on the following page and return it to Procurement Services via email to prattt(a)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*Wo- Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream 396 The City of Bounton Beach 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 September 7, 2023 RE: TRANSPORATION SERVICES Agreement between the City of Boynton Beach and The Mae Volen Senior Center, Inc. AGREEMENT RENEWAL TERM: OCTOBER 1, 2023— SEPTEMBER 30, 2024 X Yes, I agree to renew the existing agreement under the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2022-2023 budget year. No, I do not wish to renew the Agreement for the following reason(s) MAE VOLEN SENIOR CENTER, INC. NAME OF COMPANY Elizabeth Lugo NAME OF REPRESENTATIVE (please print) 9/12/2023 DATE lugoe@volencenter.com E -MAI L Digitally signed by Elizabeth Elizabeth Lugo Lugo Date: 2023.09.12 10:03:39 -04'00' SIGNATURE President/CEO TITLE 561-395-8920 ext 208 or 216 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 397 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. 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Ordinance No. 23-021- Second Reading - The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Requested Action: Approve the request for the abandonment of the thirty foot (30) wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. Applicant: Rene Gutierrez, TM Residential, LLC. Explanation of Request: Pursuant to Condition 10 of the approved Master Plan (MPMD 22- 001) and Site Plan (NWSP 22-001) for the Shalimar Mixed Use Development, the petitioner is initiating a Vacation and Abandonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the project property prior to permitting. The platted road right-of-way has never been improved as a road, and there is no evidence of existing utilities located within the road right-of-way. This item was presented to the Planning & Development Board on August 22nd, 2023. They approved it with the following recommendation: "The applicant repositions the west buffer to the new western property line and sod and irrigate, at a minimum, the additional land that they acquire." This item was presented and approved at the first City Commission hearing on September 14th, 2023. How will this affect city programs or services? N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Ordinance _23-021_ Abandon ment_of_ROW_Shalimar Staff Report - Abandonment and Vacation—Memo 23-0.11.pdf Exhibit A - ROW Legal Description. pdf Exhibit B - Location Map.pdf Exhibit C - Survey - ROW Abandonment.pdf Exhibit D - Justification Statement - ROW Abandonment.pdf 329 Exhibit E - Development Orders for Shalimar.pdf Copy of Notice_Affidavit.pdf Utility Letters of No Objection - Compiled.pdf Applicant Presentation_Shalimar at Boynton ROW Abandonment CC PPT.pptx 330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 23-021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF THE THIRTY FOOT (30') WIDE UNIMPROVED RIGHT-OF-WAY ESTABLISHED ON THE PALM BEACH FARMS CO. PLAT NO. 8, AS RECORDED IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Applicant is requesting the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County located on the southwest corner of West Boynton Beach Boulevard and Knuth Road and north Stonehaven Drive; and WHEREAS, staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject right-of-way no longer serves a public purpose and therefore recommends approval of the request, subject to the accompanying conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby abandon the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The property being abandoned is more particularly described as follows: A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 331 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT- OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 14th day of September, 2023. SECOND, FINAL READING AND PASSAGE THIS CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx VOTE day of October, 2023. YES NO 332 92 93 94 95 96 97 98 99 100 101 102 103 104 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 333 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the thirty foot (30') wide unimproved right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The property being abandoned is more particularly described as follows: A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINTALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00°48'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. CONTAINING 0.672 ACRES (29,294 SQUARE FEET) MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA Maylee De Jesus, MMC Daniel Dugger, City Manager City Clerk {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 334 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2023. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Abandonment of ROW (Shalimar) - Ordinance.docx 335 DEVELOPMENT DEPARTMENT ENGINEERING DIVISION MEMORANDUM NO. 23-011 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Gary Dunmyer, P.E. City Engineer DATE: July 17, 2023 PROJECT: Right -of -Way Abandonment (Shalimar at Boynton Beach) REQUEST: Approve the request for the abandonment of the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. (See Survey Sketch and Exhibit "A" — Legal Description) PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "B" — Site Location Map) Acreage: 0.672 acres 336 Page 2 Shalimar at Boynton Beach MPMD 22-001 & NWSP 22-00 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard (State Road 804); further north, developed commercial property classified as Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential golf course. East: Vacant parcel approved for a Mixed Use Development known as Shalimar (MPMD 22- 001) and Site Plan (NWSP 22-001). West: City limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007 and 05-004. BACKGROUND The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67 -acre platted right -of way that is required to be abandoned prior to permitting. Pursuant to Condition 10 of the approved Master Plan (MPMD 22-001) and Site Plan (NWSP 22-001), the petitioner is initiating a Vacation and Abanonment Application for the abandonment of the thirty foot (30') wide platted right-of-way that runs along the west side of the property prior to permitting. The platted road right-of-way has never been improved as a road and there is no evidence of existing utilities located within the road right-of-way. ANALYSIS The vacation and abandonment of a right-of-way, special purpose easement, or other non -fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the 2 337 Page 3 Shalimar at Boynton Beach MPMD 22-001 & NWSP 22-00 subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The road right-of-way is unimproved with no existing access to lots, subdivisions or developments. The right-of-way abandonment does not encumber current or future access, nor does it restrict access to any adjacent lot(s). b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? There is no evidence of existing utilities within the unimproved right-of-way. Pending utility letters of no objection. Petitioner shall dedicate utility easements as required. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? There are no existing drainage or wastewater management facillities within the unimproved right-of-way. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? There is no conservation or preservation within the unimproved right-of-way. RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends the abandonment of the existing thirty foot (30') right-of-way subject to obtaining utility letters of no objection. 1113 338 EXHIBIT "A" - LEGAL DESCRIPTION LEGAL DESCRIPTION (30' ROADWAY) A PORTION OF A 30 -FOOT -WIDE ROADWAY, AS SHOWN ON THE PALM BEACH FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 5, PAGE 73, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87°41'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00°48'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. 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The Property was originally designated LRC, Local Retail Commercial, on the City's Future Land Use Map ("FLUM") pursuant to Ordinance 89-38 and was located within the PCD, Planned Commercial Development, zoning district pursuant to Ordinance 02-013. On June 15, 2021 the City adopted Ordinance 21-014 to amend the Property's future land use designation from LRC to MXL, Mixed - Use Low, and Ordinance 21-015 to amend the Property's zoning from PCD to SMU, Suburban Mixed Use. Subsequently, on July 5, 2022, the City Commission approved a Master Plan and Site Plan to allow development of the Property as a mixed-use residential and commercial development inclusive of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and 514 off-street parking spaces ("Project"). Pursuant to the Planning and Zoning Condition 10 of the Project approval, Petitioner is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way that runs along the west side of the Property prior to permitting. As such, Petitioner hereby submits a Vacation and Abandonment Application to abandon the thirty foot (30') wide road right-of-way established on the Palm Beach Farms Co. Plat No. 8, as recorded in Plat Book 5, Page 73 of the Public Records of Palm Beach County. The platted road right-of-way has never been improved as a road and there are no existing utilities located within the road right-of-way. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Vacation and Abandonment of the platted thirty-foot (30') right-of-way. 14 S E, 4fir SO cet, LfltO 16, I:3cc t Raton, F: L 33432 11d l561 1405-3300 F";ax� f5611 4M2W www, cdIa"tltb9.;nma oIn 342 July 7, 2022 l mein,tm�l.'�� aorb'oriw'ott Planning g and Zwting Division 1.00 E Oceai,i Ave Boylr¶tco'i Bead'„ Floc° da 33426 (IP)!: 561-742-6260 Rene Gutierrez TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460 Coconut Grove, FL 33133 RE: Shalimar at Boynton Beach File No.: MPMD 22-001& NWSP 22-001 Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive Dear Mr. Gutierrez: Enclosed is the Development Orders granted by the City Commission on July 5th, 2022 for Major Master Plan Modification and New Major Site Plan approval (MPMD 22-001 & NWSP 22-001) a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. This approval is valid for an eighteen (18) month period from the above -noted date of approval. In order to maintain vested status, a building permit must be secured or an extension applied for before the eighteen (18) month period expires. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of these Development Orders, including the conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and any third -party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re -submittal before the permit is further processed. Feel free to contact any DART member for additional clarification of comments. Irtant: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions ofApproval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, w Mike Rumpf, Planning & Zoning Administrator Enc: DO w/COA S:\Plwming\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\Approval Letter for MPMD 22-001 NWSP 22-00I.doc 343 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Rene Gutierrez, TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach Master Plan Modification application (MPMD 22-001) to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. __ THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ^HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicnt's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other:......._..........._...m.................. ... - ...m.ww��w.x �. �.. A c w � w ____..._._ww............. ......... .... ............... ...... DATED:19 y lerk i S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shaiamar)\Shalima P D 22-001 & NWSP 22-001\MPMD 22-001 and -001 DO.doc 344 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT: APPLICANT'S ADDRESS: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Rene Gutierrez, TM Residential, LLC 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach New Major Site Plan application (NWSP 22-001) to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Appl' ant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The AppI' nt's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order.. 7. Other:. ......... ............._... _........_........ .......................... �.... DATED: 1 1.9_0;11a S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka —1 11 <V ,it y le k °I_ 22-001 & PSP 22-001\NWSP 22-001 D . 345 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda Radigan Planning and Zoning Director FROM: Luis Bencosme, Planner 11 DATE: June 20, 2022 PROJECT NAME: Shalimar at Boynton Beach (NWSP 20-004) REQUEST: Approve request for Master Plan Modification (MPMD 22-001) and New Major Site Plan (22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square -foot clubhouse, and associated site improvements. PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "A:'— Site Location Map) Existing Land Use: MXL (Mixed Use Low) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: SMU (Suburban Mixed Use) Proposed Zoning: SMU (Suburban Mixed Use) Proposed Use: Mixed use development with 250 residential dwelling units, 4,300 square -foot of retail space, 9,800 square -foot clubhouse, and associated parking and related site improvements. Acreage: 12.506 Acres 346 6AATW7TTJV * # I . Memorandum No PZ 22-010 Page 2 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard; further north, developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and t Quail Ridge residential golf course. I East: Commercial outparcel classified Local Retail Commercial (LRC) an`9 zoned PCD (Planned Commercial Development); further east, right - way of Knuth Road followed by a developed commercial propeo classified Local Retail Commercial (LRC) and zoned C3 (Communi Commercial), as well as a developed commercial property classifi Local Retail Commercial (LRC) and zoned C1 (Office Professional). West: Platted unimproved right-of-way; further west, city limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. No. 04-007. Proposal: The proposed Shalimar at Boynton Beach development is located at t southwest corner of W. Boynton Beach Boulevard and Knuth Road. T project site is vacant and totals 12.506 acres. The parcel abuts an existi 'I 0.67 -acre platted right-of-way that is required to be abandoned prior permitting (See Exhibit "C" - Conditions of Approval). The subject property one of the few remaining large vacant lots within the City limits that cou accommodate a large-scale mixed-use development without the need f land assemblage. met 0 Development consisting of 120,000 square feet of commercial space, 2ssociated parking and site improvements. However, the parcel has remained vacant. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU 2 347 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 3 (Suburban Mixed Use), which was intended to encourage the construction of a well-planned mixed-use development in accordance with a relatively new mixed-use zoning district. A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances, and contribute to the vision intended for the area. The applicant is requesting approval of a Master Plan Modification (MPMD 22-001) and New Major Site Plan (NWSP 22-001), to construct a mixed-use development comprising of 250 dwelling units, two (2) retail buildings totaling 4,300 square feet, a 9,850 square foot clubhouse, and associated site improvements. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. An approval letter from the Palm Beach County Traffic Division, date stamped February 8, 2022, was provided by the applicant. The letter requested that the applicant submit a FDOT conceptual pre -approval letter for the driveway connection onto Boynton Beach Boulevard, which was also provided by the applicant. The traffic study indicates that this project is expected to generate 1,528 net daily trips, 92 net A.M. peak hour trips and 124 net P.M. peak hour trips. School: The proposed development is required to submit an approved SCAD (School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public -school students who will reside at the project. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agrees that the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The applicant has agreed to implement the necessary drainage solutions. The existing catch basins would be connected to the proposed off-site system. In addition, the proposed drainage manholes would be converted to catch basins, which 3 348 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 4 would be based on their locations vis-a-vis to the existing catch basins. (See Exhibit "C" - Conditions of Approval). The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. Access: The development has two points of ingress/egress. The main vehicular point of access is located on the north side of the project site, connecting to Boynton Beach Boulevard; the secondary point of access is located on the east side, connecting to Knuth Road. These two points of access are interconnected by a two-way drive -isle to ensure safe, adequate and efficient vehicular circulation throughout the site. The project proposes a well-defined network of pedestrian walkways that provide safe and adequate access to the residential and commercial buildings, as well as the provided amenities and rights-of-way. The project proposes a pedestrian connection to the existing public sidewalk located on the south side of Boynton Beach Boulevard — an integral pedestrian connection that provides access to the existing nearby bus stops located on the south side of the boulevard. In order to provide additional pedestrian connectivity, the Engineering Department is requiring a sidewalk along Knuth Road and connection to the eastside parking area. Parking: The standard off-street parking spaces calculation methodology for the SMU (Suburban Mixed Use) zoning district requires 1.5 parking spaces for one - bedroom dwelling units, and two (2) parking spaces for two (2) or more bedroom dwelling units. The project proposes a total of 250 dwelling units comprised of 48 one (1) -bedroom apartments, 166 two (2) -bedroom apartments and 36 three (3) -bedroom apartments. This standard methodology would require a total of 476 parking spaces for the residential component. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, adding 38 more required spaces. The retail buildings require one (1) parking space per 200 square feet of gross floor area, which computes to 22 additional parking spaces based on the aggregate gross floor area of the retail spaces. The parking data included in the Site Plan and Justification Statement does not take into consideration the required parking spaces for the proposed residential recreational/amenity areas, which would include the clubhouse and pool area. Therefore, the project is also required to provide five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of the clubhouse dedicated for leasing or management uses (See Exhibit "C" - Conditions of Approval). Under this standard methodology for calculating required off-street parking spaces, the project would be required to provide 541 parking spaces, as well as additional parking spaces needed for the clubhouse. The applicant has been required to submit floor plans for the clubhouse at time of permitting in order to determine the actual number of required parking spaces needed for the office and management office spaces. The applicant has elected to take advantage of the City's Parking Relief for Sustainability provisions, which includes reduced minimum parking ratios of 1.33 parking space per dwelling unit for one -bedroom apartments, and 1.66 4 349 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 5 parking space per unit for two-bedroom apartments. The lower ratio results in a reduction of 76 parking spaces associated with the residential use, and the overall required minimum spaces for the project being 465. The additional parking spaces that may be needed for the clubhouse and pool area will be determined at time of permitting (See Exhibit "C" - Conditions of Approval); however, the projected surplus should be sufficient to support the minimum spaces required for the clubhouse. Also, the applicant is required to submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency (See Exhibit "C" - Conditions of Approval). Therefore, staff has determined that the proposed number of parking spaces would be sufficient to meet code requirements. The site plan provides a total of 514 parking spaces, including ten (10) handicap parking spaces, six (6) parking spaces supplemented with electric charging stations and 49 compact parking spaces. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 275 trees, 153 palm trees, 8,247 shrub specimens, and 15,229 small shrubs/groundcover plants. The plant material is proposed within the required perimeter landscape buffer, within landscape islands, and along the right-of-way. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Verawood, Gumbo Limbo, Green Buttonwood, Bridalveil Tree, Japanese Fern Tree, East Palatka Holly, Queen's Crape Myrtle, Kapok Tree, Ligustrum Tree and Live Oak. At time of permitting, the Landscape Plan must include a minimum of 5 percent butterfly attracting shrub and trees, with a minimum of three (3) species of plant material (See Exhibit "C" - Conditions of Approval). Projects proposed in the Suburban Mixed Use (SMU) zoning district are subject to the front yard "Build -to -Line" provisions, which requires buildings to be located in close proximity to the right-of-way. However, buildings fronting a major arterial roadway (i.e. Boynton Beach Boulevard) may be setback a maximum of ninety (90) feet with the provision of a twenty-five (25) -foot wide landscape buffer, which must include a berm. The project proposes a 25 -foot wide landscape buffer between the parking lot and the Boynton Beach Boulevard right-of-way, which includes the following features and plant material: 1. A 36 -inch tall berm and continuous hedge positioned in the inside portion of the landscape buffer, as well as one (1) tree with a minimum spacing of thirty (30) feet on center; 2. Three (3) shrub species located on the outside portion of the landscape buffer, two (2) of which must be flowering species. Additionally, the project includes landscape buffers along the west, south and east property lines. The landscape buffers consist of canopy trees (i.e. Green Buttonwood, Live Oak, Japanese Fern Tree, Gumbo Limbo and Verawood) spaced approximately 20 feet on center, rows and staggered shrubs (i.e. 5 350 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 6 Podocarpus, Dwarf Clusia and Nora Grant Ixora) and groundcover (i.e. Jasmine Summer Sunset and Green Island Ficus). The buffer along the south property line incorporates a six (6) -foot tall black vinyl coated chain link fence. The majority of the proposed landscape islands include Live Oak trees and clustered Horizontal Cocoplum shrubs, with several smaller landscape islands consisting of East Platka Holly trees and Horizontal Cocoplum. Lastly, the foundation of each residential and commercial building is softened with landcape primarily consisting of a mix of closely spaced palm trees (Solitaire Palm, Montgomery Palm), shrubs (Small leaf Clusia and Podocarpus) and groundcover (Green Island Ficus). Building and Site: The project site consist of a single undeveloped parcel —totaling 12.18 acres abutting W. Boynton Beach Boulevard to the north and Knuth Road to the east. The parcel is adjacent to an existing outpacel that is currently develeoped with a gas station. Also, the parcel is adjacent to an existing, unimproved 30 -foot wide right-of-way extending along the entire western boundary of the project. Staff recommends that the unimproved right-of-way be abandoned and a Unity of Control be provided at time of permitting (See Exhibit "C" - Conditions of Approval). The residential component of the project includes ten (10) residential apartment buildings consisting of one (1), two (2) and three (3) bedroom apartments. The taller four (4) -story apartment buildings are located away from the west and south property lines. A lake is proposed at the center of the site, which will include a boardwalk. The commercial component of the mixed use project consists of a 9,850 square foot clubhouse and two (2), 2,150 square foot retail buildings fronting W. Boynton Beach Boulevard. Relative to the floor area ratio (FAR) standards within the code, the Suburban Mixed Use (SMU) zoning district has a maximum allowable FAR of 2.5; the project propoes 0.01. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 250 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the SMU (Suburban Mixed Use) zoning district is 55 feet. The project propoes various types of residential and commercial buildings, with the tallest building proposed at 38 feet in height — which computes to 17 feet below the maximum allowable height. Setbacks: The SMU (Suburban Mixed Use) zoning district requires no building setbacks from the right-of-way, but rather a 0-90 foot build -to line. Therefore, the retail buildings are proposed at a distance of 90 feet from the W. Boynton Beach Boulevard right-of-way, which is needed to accommodate the required parking and landscape buffer. The buildings are also setback approximately 95 feet from the center line of the abutting right-of-way, 85.5 feet from the south side property line, 79 feet from the easternmost property line, and 77 feet from the eastern property line abutting the gas station out parcel. The proposed setbacks conform to the District's setback requirements. Amenities: The project proposes several amenities for the use of residents, visitors and 6 351 Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) Memorandum No PZ 22-010 Page 7 patrons. A pathway — enhanced with seating, trash receptacles and landscape — is proposed around the lake. The pathway is connected to several amenities (i.e. dog walk, tot -lot, garden and other play areas). The project also includes a fenced dog park on the south side of the site, between Buildings No. 6 and No. 7. The clubhouse includes a pool area with several barbecue grills. Ten (10) Covered bike rack stations are proposed througout the site, near the building entrances. Lastly, public outdoor seating areas have been incorporated between the retail buildings and clubhouse. Design: The intended architectural style for the project is Floribbean, which is an interpretation of Old Florida Style architecture. This architectural style creates a sense of identity for the area as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical fagade articulation and cool, light colors. The residential and commercial buildings include an extensive use of complementary architectural treatments and finishes. The proposed facades are highly articulated with the use of vertically oriented windows and doors, which are decorated with light blue (SW 7601 — Dockside Blue) shutters and metal awnings. The building walls include horizontal siding (SW 6231— Rock Candy) and white smooth stucco (SW 7005 - Pure White). Additionally, the roof lines consist of multiple pitched, metal roofs with varying heights. Additionally, the balconies are enhanced with ornamental railings. Sustainability: Mixed use developments consisting of more than 50 dwelling units must provide the required sustainable options (outdoor lighting, butterfly attracting landscape material, electric charging stations and white roof), and achieve a minimum of 25 sustainability points. The development proposes to exceed the requirement by providing the following: SUSTA._I.NA.B.w.wLw..wE._DEVELOPMENT ........._Y. ............................._rtwM �N-NTS POI µp.m. ENERGY .. _ Efficient Cooling - All air conditioners are Energy Star . _....._..w ww2w...._ . .ua.!!fed..... Minimum ..S.E.E.R....1..6............................................................................................ __...... w.._.... ...w_ Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 waterheaters. ...solar _.._ .._......._........................ .__._._._...... ...w .�..___-_—------ ._.._._. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 for steep- 2 sloped roofs>2 12� for a minimum of 75% of the roof surface.~ Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce 2 cooling costs. Accent and trim colors are not limited to these choices. �YY Shadeprovisions of hces are norequked pe code: Stucturesuh asawnngssceens,N 4 louvers, or other architectural devices shall cover a minimum of50% of glazed ofaeninq s . ..... ................ m.......... ...._.........www... ..............._.._..........��.....�.._mwwww�........... Lighting — Provide energy efficient lighting such as LED 1 li0htin for building interiors for 100% ofrorosed lighting 7 352 Memorandum No PZ 22-010 Page 8 A Nature Path or Trail — Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least % mile long and does not intrude on or unRuly harm existing natural features. Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least 1/2 mile long and does not intrude on or unduly harm existing natural features. ------------- ....... ... . ........ Minimum Open Space — Provision of usable common open space in excess of code requirements by up to 20%. The designed space shall not have any dimension less than Fim-itiber of electric c.?,r c��,qraino statio-tis. Lighting: The photometric plan (EPH-1) includes 86 freestanding pole light fixtures, with pole height of 20 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations limits the lighting levels to a maximum of 5.9 foot -candies. The Site Photometric Plan depicts lighting levels below the above-mentioned foot -candies limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The applicant is in communication with the Public Arts Manager regarding the applicable Public Arts requirements, which shall be met prior tit permitting. W FON 616 14 APPROVAL, subject to approval of the accompanying applications and satisfying all commen indicated in Exhibit — Conditions of Approval. Any additional conditions recommended by thl Board or required by the City Commission shall be documented accordingly in the Conditions Approval. 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Pf �a.,,..., �.,..�...,., �.. � fti$�, ��% %��n�, � ��' JI/�Y�p��?�,A/r�"�ii�7J�1� j ✓��v� , o yo I � :' II d � 2 N 'R Z k' ti�C3 r; R W % w: w N....... f❑ �w�"1 /14 A `� 369 EXHIBIT "C" Conditions of Approval Project Name: Shalimar at Boynton Beach File number: MPMD 22-001 / NWSP 22-001 Reference: 3rd review plans identified as a Master Plan Modification and New Site Plan with a June 7, 2022 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permitting, revise the plans to include the required sidewalk along Knuth Road and pedestrian connection to the X parking area. 2. The sizing of the off-site drainage system shall take into consideration the runoff from Knuth Road. The existing catch basins shall be connected to the proposed off-site system. Also, the proposed drainage manholes shall be converted to catch X basins, based on their locations vis-a-vis to the existing catch basins. 3. At time of permitting, an executed Developer's Agreement with the City shall be in place for the off-site improvements, which the City will share the cost, based on the upsizing of the storm pipe X on Knuth Road. FIRE Comments: 4. Provide turning radius of 25 feet inside and 55 feet outside on the plan for verification in accordance with our largest apparatus X 2018 edition of NFPA 1 18.2.3.5.3 turning radius. 5. Fire department access roads shall have a minimum 20 feet of unobstructed width. (NFPA 1:18.2.3.5.1.1) front entrance out is 15 feet, existing access road. X 6. Access box switches will be required at all gates 1:18.2.2.1. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. 370 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Paqe 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 7. The applicable park impact fees ($148,750) is due at time of permitting. X PLANNING AND ZONING Comments: 8. Per the City's Land Development Regulations, residential recreational/ amenity areas require five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures X (Ch. 4, Art. V, Sec. 2.D.). At time of permitting, revise the parking calculations on the Site Plan (SP -1), Justification Statement and Reduced Parking Statement, to include the additional required parking spaces for the clubhouse. 9. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 10. Prior to permitting, the applicant is required to initiate a Vacation and Abandonment Application for the abandonment of the platted right-of-way, within the City of Boynton Beach, running along the X west property line. 11. At time of permitting, provide a Unity of Control for abutting parcels under the same ownership. 12. At time of permitting, submit floor plans for the retail and club house buildings. Ensure, the floor plans for the clubhouse clearly depict the spaces dedicated to leasing and/ or management X activities. 13. The project includes a request for Parking Reduction for Sustainability. At time of permitting, revise the parking ratios on the documents and drawings to be consistent with the reduced parking ratios permitted for one (1) bedroom apartments (1.33 X space per D.U.) and two (2) bedroom apartments (1.66 space per D.U.), as indicated on the Parking Reduction for Sustainability code section (Ch. 4, Art. V, Sec. 3.G.). 14. Prior to permitting, submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to X construction, and/ or provide operational rules, procedures or strategies needed to off -set the realized deficiency. 371 Shalimar at Boynton Beach (MPMD 22-001 / NWSP 22-001) Conditions of Approval Paqe 3 of 3 DEPARTMENTS INCLUDE REJECT 15. The parking deficiency indicated on the Reduced Parking Statement is inconsistent with the parking deficiency shown on the Site Plan (SP -1). At time of permitting, ensure the information X on both documents matches. 16. The Landscape Plan (L-7) shows that the walkway located on the east side of the northern entry drive would be obstructed by the proposed landscape strip running along the north property line. Correct the drawing to show the walkway connecting to the X sidewalk along Boynton Beach Boulevard and clear of obstructions. 17. An approved Sign Program will be required prior to issuance of any sign permits for the project. Submit a Sign Program application to the Planning and Zoning Division for review and X approval. 18. Two (2) percent of the parking shall consist of handicap accessible parking spaces. The Site Plan (SP -1) depicts a total of ten (10) accessible handicap spaces. At time of permitting, X provide an additional handicap parking space. 19. Per the Parking Reduction for Sustainability provisions, a maximum of 10 percent of the required parking spaces may consist of compact parking spaces. Provide revised parking X calculations and/ or revised parking plan. 20. Replace the parking lot wheel stops with 2 -foot wide overhangs. X 21. Provide a valid FDOT Pre -Application Letter and an updated traffic study. X 22. At time of permit, revise the plans to be consistent with the X Master Plan/ Site Plan (SP -1) approved by the City Commission. 23. Submit a revised Parking Demand Statement. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: Comments: 24. Work with staff to increase the retail space along Boynton Beach Boulevard to the maximum extent possible to be approved by X staff. S:\Planning\SHARED\WP\PROJECTS\Knuth Rd (aka Shalamar)\Shalimar MPMD 22-001 & NWSP 22-001\Exhibits\Exhibit C - MPMD 22- 001 NWSP 22-001 COA- Post CC Meeting - Revised 7.22.22.doc 372 4, owl it W. Project Name: File #: Completion of Mailed and Posted Notice Requirements I / Wcro the undersigned do certify that to the best of nay knowledge, the attached ownership list, 400' radius map and mailing labels are a complete and accurate representation of the real estate property and propert%, owners within at least 400 feet of the above -referenced subject property, This reflects the most current records oil File in the Palm Beach County Property Appraiser's Office. The notifications were postmarked a minimum of 10 days in advance of the public hearing. Site signs were posted on the premises a minimum of 10 days in advance ol'the public hearing in accordance with City Ordinance 04-007. Attached, are photographs of the signs showing their placement oil the property and proximity to the abutting right-of-way. Sincerely, Applicant / Agent Cc: Planning & Zoning Department ii,RUTH Ma iiCGLYNN of Vorida Notary Public State Mei lhCommis"on # GG 335366 my Comm, Expires Sep 13, 2023 ded through Natione Notary Assn, County of palry) Beach FL Sworn to (or affirmed) and subscribed before me this 11th day of August 2023 BY E 'iza chrarnt ... ........ ame st temept e S1 �gna U 7- e forida Ruth WGIYnn Phnt, Type, or Stamp Commission Name of Notary Public Physical Or Onfine Cl Presence Notarization Personally Or Produced Known Identification Type of Identification Produced 7 CITY OF BOYNTON BEACH NOTICE OF PUBLIC HEARINGS NOTICE OF RIGHT-OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that the Planning & Development Board of THE CITY OF BOYNTON BEACH, FLORIDA will conduct a PUBLIC HEARING on Tuesday, August 22, 2023 at 6:30 p.m., and the City Commission will conduct PUBLIC HEARINGS on Thursday, September 14, 2023 at 6:00 p.m. and Tuesday, October 3, 2023 at 6:00 pm, to consider the request submitted by Bonnie Miskel and Beth Schrantz of Dunay, Miskel, & Backman, LLP on behalf of SBB 250 SPE, LLC. The hearings will be held at Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida 33435 (see IMPORTANT NOTICE below). The requests are described as follows: LOCATION: West Boynton Beach Blvd. west of Knuth Rd., Boynton Beach, Florida 33436 (30' wide unimproved Right -of -Way south of Boynton Beach Boulevard) REQUESTS: Shalimar of Boynton Beach Right -of -Way Abandonment LEGAL DESCRIPTION: On file in the Engineering Division. This request can be viewed Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the City of Boynton Beach Engineering Division, 100 East Ocean Avenue. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose 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. 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 at (561)742-6060, at least twenty-four (24) hours prior to the program or activity in order for the City to reasonably accommodate your request. IMPORTANT NOTICE: Due to the COVID-19 Pandemic, City meetings have been conducted in virtual style using one or more means of communication media technology. These meetings may also be conducted in virtual style. For the latest information on how these meetings may be conducted, go to a;,,Ibaynton I�eaclh„oir City Commission meeting and registration information can be found at rwvvvv;,,Ib•yimtoim Ik�eacl�„oir within the "GOVERNMENT” pulldown menu. Select "City Commission". Registration is required for joining the Commission meeting via the GoToWebinar platform. Information on accessing the meeting and providing public comment prior to, or during the meeting is all available at the City's website. CITY OF BOYNTON BEACH ENGINEERING DIVISION (561) 742-6244 374 The City of Boynton Beach UTILITIES" DEPARTMENT 124 East Woolbright Road Bqynton Beach, Florida 33435 Oftice: (561) 742-6400 Fax: (561) 742-6298 Website: www.boynton-heacb.org DATE: July 5, 2023 Beth Schrantz Director of Planning Services Dunay, Miskel and Backman, LLP 14 S.E. 4`" Street, Suite 36 Boca Raton, FL 33432 Phone: 786-763-0565 RE: Shalimar Mixed -Use Project - Letter of No Objection to abandon a 30 -foot right-of- way. Dear Mrs. Schrantz: The City of Boynton Beach has received your petition and has no objection to the abandonment of the 30 -foot right-of-way lying along the west property line, as indicated and highlighted on the attached survey. However, the following requirements shall be considered as part of the abandonment ordinance. 1. Show the 10 -foot utility casement along the property line on Boynton Beach Blvd. 2. Show the proposed force main's 10 -foot utility easement within the 30' right of way. 3. Show the proposed lift station 30' x 30' easement. I trust this letter meets your needs. If you need any further information, please contact me at (561) 742-6407. Sincerely yours, IV111vt LLlillv, IF J_,. Engineer IV America's Gateway to the Gulfstream 376 ILL !jig6 !e € e�". ....�.€...elk .... .....gg..y...3 .. g i 3 Q�� 3 � g� €apEsin➢ .�s3i�@ � � �E�� a° a I.� Q � � � � �9 of 35<�U�£gm q Eygi 9,_�� 8 }'L.ol �rlb4 oto •. o•}}oo.. o a� g as 0 a..,Fiji3 377 I !1 'm I g p �d FII °+,• yykYk gg S zgzg � i 1 y g 0 I, a ppppppRp a e' i � cre —� I I. I • ii —; �,nav � IaDI1Ig ILL !jig6 !e € e�". ....�.€...elk .... .....gg..y...3 .. g i 3 Q�� 3 � g� €apEsin➢ .�s3i�@ � � �E�� a° a I.� Q � � � � �9 of 35<�U�£gm q Eygi 9,_�� 8 }'L.ol �rlb4 oto •. o•}}oo.. o a� g as 0 a..,Fiji3 377 I !1 'm I Ni I, cre —� ILL !jig6 !e € e�". ....�.€...elk .... .....gg..y...3 .. g i 3 Q�� 3 � g� €apEsin➢ .�s3i�@ � � �E�� a° a I.� Q � � � � �9 of 35<�U�£gm q Eygi 9,_�� 8 }'L.ol �rlb4 oto •. o•}}oo.. o a� g as 0 a..,Fiji3 377 ti M Florida Power & Light Company, 9293 S Military Trl., Boynton Beach, FL 33435 Phone: 561-742-2089, Fax: FPL July 20, 2023 Sara Thompson, Esq. Dunay, Miskel and Backman, LLP Dear Sara Thompson, Esq. Dunay, Miskel and Backman, LLP, This letter is in response to your request for the release of a platted road right-of-way. In meeting with your request, FPL has no objection to releasing our rights in the road right- of-way known as "30' Right of Way" in Plat Book 5, Page 73 of the Public records of Palm Beach County . The release is restricted to the following description: BEGINNING AT THE NORTHWEST CORNER OF LOT 2, KNUTH ROAD P.C.D. PLAT NO. 1, AS RECORDED IN PLAT BOOK 82, PAGE 45, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF SAID 30 FOOT WIDE ROADWAY; THENCE SOUTH 87041'31" WEST ALONG THE WESTERLY PROLONGATION OF SAID LOT 2, ALSO BEING THE BOUNDARY LINE OF QUAIL RIDGE PLAT NO. 22, A PUD, AS RECORDED IN PLAT BOOK 95, PAGE 67, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 30.01 FEET TO A POINT ON THE WEST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE EAST LINE OF THE GOLF COURSE AS SHOWN ON SAID QUAIL RIDGE PLAT NO. 22, A PUD; THENCE NORTH 00048'49" WEST ALONG SAID WEST LINE OF 30 FOOT WIDE ROADWAY, ALSO BEING SAID EAST LINE OF GOLF COURSE, A DISTANCE OF 976.43 FEET TO A POINT ON A LINE 7.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON BEACH BOULEVARD (STATE ROAD 804) AS SHOWN ON ROAD PLAT BOOK 2, PAGES 218 AND 219, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH 87°34'11" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2; THENCE SOUTH 00048'49" EAST ALONG SAID EAST LINE OF SAID 30 FOOT WIDE ROADWAY, ALSO BEING THE WEST BOUNDARY LINE OF SAID LOT 2, A DISTANCE OF 976.50 FEET TO THE AFOREMENTIONED POINT OF BEGINNING. Should you have any questions or concerns, please do not hesitate to contact Deborah Olawuni at 561-742-2089. Sincerely, Breanna Hollaway Engineering Lead A NEXTera ENERGY Company at&t mA��N July 5, 2023 Sara Thompson, Esq. Dunay, Miskel & Backman, LLP 14 S.E. 41h Street, Suite 36 Boca Raton, FL 33432 AT&T Florida Construction & Engineering 321 SE 211 ST Delray Beach, FL 33483 T: 561.758.6867 RE: No Objection 3570 W. BOYNTON BEACH BLVD BOYNTON BEACH, FLORIDA 33436 PCN: 08-43-45-30-24-000-0020 Dear Ms. Thompson, We have reviewed your request for "No Objection" for the demolition project located at 3570 W. Boynton Beach Blvd. AT&T currently has no objections for the proposed scope of work. Please ensure that any seivice(s) at this location have been disconnected, as this does not stop any billing associated with such service(s). Please feel free to contact me anytime. Regards, Steven Stefano Manager — Outside Plant Planning & Design Engineering Southeast Wireline Access Construction & Engineering — South Palm Beach 379 COMCAS,"T August 23, 2023 Attn: 3570 Boynton Beach Blvd, Boynton Beach, FL 33436 This letter is to confirm that Comcast Cable has No Objection of Abandonment of ROW at the location described above. If the scope of work or project limits should change on this project, please let me know. Please call 1-800-432-4700, 811 or WWW. CallSunshine.com before you dig. If you have any question or concern, please feel free to contact me at Thank you, Daniel Tiburcio Specl2, Construction 1401 Northpoint Pkwv, West Palm Beach, FL 33407 Office: 561-815-6659 Fax: 561-454-5899 Cell: 772-321-1566 380 June 29, 2023 RE: 3570 W Boynton Beach Blvd, Boynton Beach Dear Sara Thompson, FPU has reviewed the request and supporting documentation and has determined that the location of the project is within our service territory. It has also been concluded that there are no FPU facilities on the subject property, therefore FPU has "No Objection" to the abandonment of the existing 30' wide Right of Way on the west property line. If you have any questions, need any additional information please don't hesitate to call me at (561) 723- 3459 or email at igibbs@chpl<.com Sincerely, Ivan Gibbs Engineering Technician 208 North Sapodilla Avenue, West Palm Beach, Florida 33401 1800,427,7'71"2. ( wwYwApkic.c:orn A 'SU bsi Ali ary of UTi MIM4 C 1►P�6ATKL� I Ll TI05 381 N 00 M M 00 M Iq 00 M z w z coo O �N 0 N �o Q N 0° � Q z a� ro o o °C D N N clc- W O � O ro on -. V a Q > O Q Oco' O}, E U C: Q W0 O .� 0 O 0 N z -0>a O rood bzC:N ro4-jC;- 0 r- 00 M 10.A Unfinished Business 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Proposed Resolution No. R23-140- Approval of In House Attorney Employment Letter (Contract) Requested Action: Approve and authorize the Mayor to sign the In House Attorney Employment Letter with a start date of Monday, October 23, 2023. Explanation of Request: On September 14, 2023 the Commission selected Shawna Lamb for the In House City Attorney position and directed Human Resources to negotiate the terms of employment (contract). How will this affect city programs or services? This will be the final step to onboard the in house Attorney. Fiscal Impact: Retainer Amount Budgeted from Outsourced City Attorney in Fiscal Year 2024 Attachments: Resolution R23-140 Appointing Shawna Lamb City Attorney and approve Agreement City Attorney Appointment Agreement - Shawna Lamb (003).docx 388 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. R23-140 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING SHAWNA G. LAMB AS CITY ATTORNEY OF THE CITY OF BOYNTON BEACH, FLORIDA AND AUTHORIZING AND DIRECTING THE MAYOR TO SIGN THE EMPLOYMENT AGREEMENT ON BEHALF OF THE CITY WITH SHAWNA G. LAMB, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to employ the services of Shawna G. Lamb as City Attorney of the City of Boynton Beach, Florida, as provided in Article II, Section 22 of the City Charter of Boynton Beach, Florida; and WHEREAS, it is the desire of the City Commission to provide certain benefits and requirements regarding the employment of Shawna Lamb by the City; and WHEREAS, Shawna G. Lamb wishes to accept employment as City Attorney of the City of Boynton Beach, Florida, under the terms and conditions mutually agreed upon; and WHEREAS, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens and residents of the City to appoint Shawna G. Lamb as City Attorney and authorize the Mayor to sign the Employment Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 24 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby appoint Shawna G. Lamb, as City Attorney of the City of Boynton Beach, Florida and directs the 0 S:ACA\RESO\Appoint Shawna Lamb City Attorney And Approve Agreement - Reso.Docx 389 27 Mayor to sign the Employment Agreement on behalf of the City of Boynton Beach with Shawna 28 G. Lamb, a copy of said Agreement being attached hereto and incorporated herein by reference 29 as Exhibit "A". 30 Section 3. That thi 31 PASSED AND ADOP 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Maylee De Jes6s, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 s Resolution shall become effective immediately. TED this 3rd day of October, 2023. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner — Woodrow L. Hay Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: David N. Tolces Interim City Attorney 2 S:ACA\RESO\Appoint Shawna Lamb City Attorney And Approve Agreement - Reso.Docx 390 iiMw_1 New Business 10/3/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 10/ 3/2023 Discussion on best practices in regards to regulating tints for paraphernalia shops. Requested Action: Discussion requested by Vice Mayor Turkin. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: MEMO - Shielding of Tobacco Paraphernalia.docx 391 SEROTA f E IL,,,,,. F[,/1 A Y,,,,,11 C10 II,;,,: + B U El F,? P`%(1 f I' ,,,, J,! MEMORANDUM To: Mayor Ty Penserga Members of the City Commission CC: Daniel Dugger, City Manager Andrew Mack, Deputy City Manager Amanda B. Radigan, Director, Planning and Zoning From: David N. Tolces, Interim City Attorney Date: September 26, 2023 RE: Best Practices in Regards to Regulating Display of Tobacco Paraphernalia At the request of the City Commission, the City Attorney's Office, with the assistance of the City's Planning and Zoning Department reviewed whether the City Commission may adopt regulations that would require screening of certain tobacco paraphernalia products from view from the public rights-of-way. In this instance, the term "public rights-of-way" would include the sidewalk adjacent to the retail business. As part of the analysis, City staff conducted a review of several nearby municipalities and found that most of the municipalities do not regulate the ability to view tobacco paraphernalia from the public right-of-way. The following is the list of the municipalities and the response: • City of West Palm Beach considers this use as retail and does not have separate regulations. • City of Boca Raton considers this use as retail and does not have separate regulations. • Lantana considers this use as retail and does not have separate regulations. • Wellington considers this use as retail and does not have separate regulations. • North Palm Beach considers this use as retail and does not have separate regulations. 392 Display of Tobacco Paraphernalia September 26, 2023 Page 2 of 2 The City of Lake Worth Beach considers tobacco paraphernalia to be either specialty retail or single destination retail. Depending on the size of the premises where the business is operating, an administrative or conditional use permit is required. The Town of Lauderdale-By-The=Sea regulates the display of tobacco paraphernalia by requiring that the tobacco paraphernalia inventory be concealed from the view of the public outside of its premises. See, Sec. 14-33 of the Town of Lauderdale -By -The -Sea Code of Ordinances. The term "tobacco paraphernalia" is defined by the Town of Lauderdale -By -The -Sea in Section 30-11 of the Code of Ordinances, as follows: Tobacco paraphernalia. Paraphernalia commonly related to the use of any tobacco product, drug, or narcotic includes, but is not limited to: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls. b. Water pipes. c. Carburetion tubes and devices. d. Chamber pipes. e. Carburetor pipes. f. Air -driven pipes. g. Chillums. h. Bongs. i. Ice pipes or chillers This definition shall not be interpreted to include a nicotine dispensing device, as defined in F.S. § 569.31, as may be amended from time to time. As an option to requiring the business owner to conceal tobacco paraphernalia, the City could also consider requiring a business to tint windows to prevent the public from viewing the inventory from the public right-of-way. The required tinting of windows, however, could result in a conflict with the existing provisions within the City's existing land development code. Article III, "Zoning Districts 8t Overlay Zones;" Section 8, "Overlay Zones;" Sub -section C, "Cultural District Overlay;" Sub -sub -section 7, "Building Design;" paragraph 1, "Fenestration Requirements," of the City's land development code provides as follows: (1) Any transparent window and door openings occupying a ground -level street -facing building facade shall comply with the following standards: i. The opening shall be filled with glazing that has a minimum visible light transmittance of 75% and a maximum reflectance of 15%; and ii. The opening shall be designed to allow view of an interior space at least five (5) feet deep (e.g., transparent openings may include traditional storefront display windows, but not merely glass MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 393 Display of Tobacco Paraphernalia September 26, 2023 Page 2 of 2 display cases). The view into a commercial use shall not be permanently obstructed by screens, shades, shutters, or opaque films applied to the glazing. Requiring either the concealing of tobacco paraphernalia inventory, or the tinting of windows of businesses that sell tobacco paraphernalia also raises the issue of whether the regulations, if adopted, would be applied to existing businesses or just new businesses. The question of whether the regulations could be enforced against existing businesses would be fact specific, case by case evaluation. Whether the retail business would be required to make substantial improvements to the interior of the business facility could be a determining factor as to whether such regulations could be applied to an existing business. The City would also have to review its nonconforming use regulations to see if a business selling tobacco paraphernalia would be subject to such nonconforming use regulations. Based on the foregoing, while the City Commission could consider adopting new regulations to require tinting requirements or display requirements for tobacco paraphernalia, there are other factors that may affect the City's ability to enforce such regulations. We welcome the opportunity to further discuss the potential regulations, enforcement capabilities, and how best to implement such regulations. If you would like to discuss further, please contact my office. MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 394 I 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ 3f1N3hV S5321�JNOU 9v � '? aVOTJ H1f1NJl Q U Z r y f m4zo � O Q o lei.9 osoy �o OVO>J 3JN321MM � JN SH 1 look _ N loo uJ o�a5`x`il; Ronp $ Iy 21 .�s a� x i x r 1, - Ply- Ilo lei d rcazPmrc z rw� rm rxu rcum � io by \ r IN 8 -------------- _� -4 e °Ow'��.� `p xa I - I �LLm Fra. m (b08 OVOTJ 31V1S) O?Jtl�31f109 HOY39 NO1NA09 u � '� I _ 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ 3f1N3hV S5321�JNOU W � '? aVOTJ H1f1NJl Q U Z r y I i � naa3avNla� O Q o 'o osoy �o OVO>J 3JN321MM 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ � Irl Z r y I i � < 3c I ,oa 1 mse 00 o JLs _ N o= Iy °� ,ono.�no,oaa.,aa��yA r 1, - Ply- Ilo lei d io by \ o IN 's g��.aouHEY!, �$ �I 2 uug� a'¢Z III - 3 NII m HI�� o.>< go 9H HN 9Y O MUMS, 5 0 aSe2 II lel ZO r 5 � uS � - - - JI � u azuu mrcmmm.ou ru�xmrc-„oo zl I _d33 I —_ _ _ _ — — — — —_ The City of Bounton Beach 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 September 7, 2023 The Mae Volen Senior Center, Inc. Attn: Elizabeth Lugo, President/CEO 1515 West Palmetto Park Road Boca Raton, FL 33486 VIA EMAIL TRANSMITTAL TO: lugoea-volencenter.com RE.: TRANSPORTATION SERVICES CURRENT AGREEMENT TERM: OCTOBER 1, 2022— SEPTEMBER 30, 2023 Dear Ms. Lugo: The current Agreement term for "TRANSPORTATION SERVICES" expires September 30, 2023. The agreement between the City and The Mae Volen Senior Center, Inc. allows the option to extend the agreement for continuous services. The City of Boynton Beach would like to extend the agreement from October 1, 2023 to September 30, 2024 with the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2022-2023 budget year. Please indicate your response on the following page and return it to Procurement Services via email to prattt(a)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*Wo- Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream 396 The City of Bounton Beach 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 September 7, 2023 RE: TRANSPORATION SERVICES Agreement between the City of Boynton Beach and The Mae Volen Senior Center, Inc. AGREEMENT RENEWAL TERM: OCTOBER 1, 2023— SEPTEMBER 30, 2024 X Yes, I agree to renew the existing agreement under the same level of services rendered by The Mae Volen Senior Center, Inc. during the 2022-2023 budget year. No, I do not wish to renew the Agreement for the following reason(s) MAE VOLEN SENIOR CENTER, INC. NAME OF COMPANY Elizabeth Lugo NAME OF REPRESENTATIVE (please print) 9/12/2023 DATE lugoe@volencenter.com E -MAI L Digitally signed by Elizabeth Elizabeth Lugo Lugo Date: 2023.09.12 10:03:39 -04'00' SIGNATURE President/CEO TITLE 561-395-8920 ext 208 or 216 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 397